Social outfits condemn arbitrary detention of Medha Patkar and other activists in Rayagada
Dr.Badal Tah,Oisha bartra
Rayagada, June 13: Social activists, academics, lawyers and members of various people’s organizations and movements namely National Association of Peoples’ Movements(NAPM), National Alliance for Climate & Ecological Justice (NACEJ) and National Alliance for Justice, Accountability and Rights (NAJAR) vehemently condemned the absolutely high-handed manner in which the Odisha police restrained and harassed social activists, who visited Rayadaga for a peaceful program marking the International Environment Day. They expressed their profound alarm and disapproval of Order No. 1556/VII-14/2025, issued by Collector’s office on 4th June, 2025 prohibiting 24 activists and adivasis, from entering Rayagada for a period of 2 months and participating in protests. They demanded the immediate and unconditional withdrawal of this questionable order.
It may be noted that, at 4:30 am on 5th June, well-known social activists Medha Patkar, Lingaraj Pradhan, Narendra Mohanty and Harikishan were taken into police custody, as soon as they arrived at the Rayagada railway station. The activists, were there on an invitation from the local people’s organizations to attend a public rally against illegal bauxite mining in Sijimali, Kashipur. Upon being asked about the unjust restraint, they were apparently informed of the aforesaid prohibitory order from the Collector’s office. Despite stating that they were there only to participate in a peaceful public action, the police forced them to vacate the district and were later taken towards Berhampur.
They perused through the said restraint order, issued under Sec 163 (3) of the Bharatiya Nagrik Suraksha Sanhita, 2023 which severely restricts the entry, presence and movement of 24 named individuals, mostly social activists and adivasi, dalit leaders (belonging to different districts of Odisha) and Medha Patkar from entering Rayagada district for a period of two months. The order, based on the report of the SP, Rayadada, also prohibits their participation or ‘instigating’ any sit-in or protest during this period of 2 months. It is no innocent coincidence that the Order comes into force on the exact day the anti-mining protest meeting was scheduled at Sunger Haat, Kashipur by the Maa Maati Maali Surakhya Manch.people’s protest is a response to the destructive impacts of ongoing mining activities that have ravaged livelihoods, forests, and cultural heritage in the region. Rayagada is also a 5th Scheduled Area, governed by the Panchayat (Extension to Scheduled Areas) Act, 1996; which empowers Gram Sabhas and Panchayats to take decisions regarding any ‘developmental activity’ in their region. Additionally, Section 5 of the FRA – Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 empowers Gram Sabhas to protect their habitat from destructive activities. While stating these excerpts from the FRA and PESA Acts, the activists have condemned the repeated attempts by the state police and administration to suppress the people’s movements and enable the bauxite mining interests of mega corporations like Vedanta, Adani and Birla.
The timing of the prohibitory order, deliberately coinciding with World Environment Day, is particularly egregious. It clearly demonstrates an intent to suppress peaceful assembly and dissent against environmentally harmful activities. Indian citizens have a constitutional duty under Part IVA (Art 51A-Fundamental Duties) to protect and improve the natural environment. It is important to also mention that our National Environment Policy (NEP) 2006[1], promotes sustainable development along with respect for ecological constraints and the imperatives of social justice. India is also a signatory to the Convention on Biological Diversity and the Kunming-Montreal Global Biodiversity Framework, which mandates the protection of environmental human rights defenders. (Target 22)[2].
The Supreme Court has repeatedly affirmed that the “right to live” under Article 21 of the Constitution, includes the right to a pollution-free environment[3]. This restriction of the Rayagada administration is a blatant infringement upon the fundamental right to protest and movement of these citizens. Under Article 19 (1)(a)(b)(d), citizens have the fundamental rights to freedom of speech and expression, to assemble peaceably, and to move freely, subject only to ‘reasonable’ restrictions. The claim that these 24 individuals pose a threat to law and order or “smooth developmental processes” is unsubstantiated and serves as a pretext to suppress dissent. It is unacceptable that the Rayagada administration prioritizes the interests of corporations over the constitutional rights of its citizens.
The restraint order has a chilling effect on the constitutional rights of freedom of speech and movement and is hit by the principles of overbreadth & proportionality. A misplaced apprehension of ‘law & order’ problem, under the garb of ‘reasonable restriction’ violates constitutional safeguards. The limitations imposed by law, to qualify as a ‘reasonable restriction’, should have a proximate connection or nexus, which is not far-fetched, hypothetical or problematic or too remote. Therefore, a mere apprehension of a law-and-order problem, in and of itself, is not a valid justification for imposing unjust restrictions on fundamental rights.
In the light of the above, the activists demanded Immediate and unconditional withdrawal of Order No. 1556/VII-14/2025 dt. 4th June, 2025 issued by the Office of the Collector, Rayadaga., respect for the constitutional rights of citizens, activists and affected communities to freedom of speech, peaceful assembly, and movement & acknowledgement, upholding of the rights of Gram Sabhas under PESA and FRA to protect their forests, villages and eco-systems from destructive and non-consensual activities & accountability of state authorities and administration for any attempts to suppress peaceful protests against land grab and environmental destruction.
These demands were placed before Rayagada Collector with copies marked to Chief Minister, Chief Secretary, Odisha, SP, Rayagada & Dy, Registrar, Focal Point for Human Rights Defenders, NHRC, New Delhi. In spite of the restraint, Maa Mati Mali Surakhya Manch organised a mass meeting at Sugars
ger Hatapada, Kashipur where more than thousand people peacefully assembled and took vow to save Sijimali and other environment hotspots of Kashipur. Prafulla Samantara, Lingaraj Ajad and other environmental activists addressed the gathering and condemned the anti-people action of Rayagada district administration.
