Courts, mining conflicts, and Adivasi rights: a case study from central India (2000–2022)

Abstract

ABSTRACT Chhattisgarh, Jharkhand, and Odisha are home to 22 million Adivasis (indigenous peoples). In the neoliberal era, the Adivasis are being exploited due to an increased emphasis on resource extraction, compounded with weak institutional mechanisms to address Adivasi concerns. I examine the role of the higher courts in upholding Adivasis’ rights during mining conflicts, through analysis of 33 litigations resolved between 2000 and 2022. I find , with a 48.5% success rate, these litigations produce mixed results for the Adivasi communities. Despite a legislative shift sought from state sovereignty to shared sovereignty, there is a judicial inconsistency on claims against usurpation of Adivasi land without consent. During mining governance, the Adivasis are excluded from the decision-making process, but the courts do not encourage a polycentric approach to mining governance. Only at the stage of profit redistribution, where there are no competing claims, the courts ensure benefit-sharing of profits with the Adivasis.