Abstract

This chapter explores the legal dynamics surrounding the conflict between Vedanta Resources Limited, a multinational company attempting to acquire land in Odisha state for bauxite mining, and the Adivasi (Indigenous) community's opposition to this use of their sacred land. Pitting Adivasi communities against the state and mineral corporations has been central to the development narrative across India. Conflicts such as these encompass issues of reconciling economic development with democracy, environment and human rights protections and fast-paced growth with rising inequality. The legal landscape in which the Vedanta conflict is situated was reconfigured in 2013, when the Supreme Court recognized the right of consent of Adivasi communities under the Forest Rights Act 2006. This chapter argues that implementation of the right to prior and informed consent must contend with a context where state imperatives for mining are embedded in a pro-business development model and an environment of increased deregulation.

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