APPENDIX N2

Supreme Court: The Onge Case 

 

 

 

In 1999 the High Court at Calcutta, Constitutional Writ Jurisdiction, Appellate Side, in the Circuit Bench at Port Blair two writs have been filed under (among others) article 226 of the Constitution of India and the Rio Declaration of Environment and Development 1992, one in respect of the Onge (dealt with in this chapter) and the other in respect of the Jarawa (see Supreme Court: the Jarawa Case).

The Onge case has not come to judgment yet.

Both these and other cases before the Supreme Coar of India are of considerable importance to anybody even slightly concerned about the Andamanese and in the fate of the remaining Onge and Jarawa, not to mention anyone interested in the origins and ancestry of the human race and the ecology of this most unusual archipelago.

 

SOCIETY FOR ANDAMAN and NICOBAR ECOLOGY (SANE)
Post Bag No, 63
Port Blair; 744 101
Andaman and Nicobar Islands
India

Contact Person: Samir Acharya
Tel: 91 3192 32929/34624/35002
Fax: 36014/33072
E-mail: sane@andamanisles.com
Web site: www.andamanisles.com

 

The writ WP No. 76/1999 was submitted to the High Court at Calcutta, Constitutional Write Jurisdiction, Appellate Side in the Circuit Bench at Port Blair in June 1999.

The petitioners are:

The defendants (respondents) are:

The Writ makes the following 39 specific allegations:

1. for that the respondents are acting indiscriminately and illegally logging timber within the tribal reserve on Little Andaman.

2. for that the respondents are entirely liable for destruction and deforestation that has already taken place on Little Andaman and shall be liable for the possibe extermination of the tribals and the tribal way of life in the Andaman and Nicobar Islands in general and Little Andaman in particular.

3. for that the balance of the biodiversity of the Andaman and Nicobar Islands is being jeopardised by the respondents.

4. for that due to lack of farsight ad ipractical policy/planning on the part of the respondents is severly threating the survival chances of the Onge.

5. for that the action of the respondents by way of massive development, resettlement, rehabilitation and colonisation by Bengali and Tamil families from erstwhile East Bengal and Sri Lanka in Little Andaman is causing great prejudice to the survival of the Onge.

6. for that the activities of the respondents in the Little Andaman island has irrepairably damaged the culture and society of the Onge.

7. for that the people of onge tribe have been forced by the policy of the respondents to take up a settled life wghich the nomadic, hunter, gatherer and fishing community is finding impossible to adjust to and that this is one of the reasons that they are getting pushed towards extinction.

8. for that the respondents are acting in contravention of the Andaman and Nicobar (Protection of Aboriginal Tribes) Regulatio ANPATR3(1)/1 dated 2.4.57.

9. for that inspite of Litle Andaman being declared as Reserve Forest by notification No. 59/G/635 of 1962, the respondents are allowing large scale logging and mass deforestation causing immense prejudice to the life and living of the Onge tribe.

10. for that there is discrepancy in the records of the Forest Department and the Patwari's Office as regards revenue land on Little Andaman and that there is encroachment of the tribal reserve on Little Andaman.

11. for that the respondents are taking no steps to prevent deofrestation and encroachment of the tribal reserve area of Little Andaman.

12. for that the respondents are extracting timber from within the tribal reserve area in total contravention of the existing law.

13. for that the respondents are admitting that the process of logging/deforestation are being carried on under their supervision/direction.

14. for that the respondents are acting in total contravention to the order of the Hon'ble Supreme Court dated 12.12.1996 passed in Writ Petition (Civil) No. 202 of 1995.

15. for that there is no standing order from the Government of India in Little Andaman and the same is in contravention of the Forest Conservation Act , 1980.

16. for that in spite of the fact that the working plan being prepared by the respondents with regard to the extraction of timber in Little Andaman is at the initial survey stage but on the other hand indiscriminate forestry operations are continuing.

17. for that even though the proposal for the extraction of tiimber was leased on a a 75 years forest conversion cycle but the same has been given a go by; the statistics for the permitted extraction are incorrect and excessive timber is being extracted than sould be permitted.

18. for that unless the process of logging is immediately stopped the same will have a detrimental effect on the life of the Onge tribals who are at the verge of extinction.

19. for that the construction of roads for forestry operations have opened up the otherwise inaccessible forests, facilitating trespassing, poachingg, encroachment thereby immensely putting pressure to the lifestyle of the Onge.

20. for that the large scale and indiscriminate mining and stone quarrying in the forest area of Little Andaman are in contravention of the Hon'ble Supreme Court direction, the Forest Conservation Act, 1980 and the National Forest Policy, 1988.

21. for that the respondents by their policies have restricted the Onge into small settlements making the independent, self styled/sufficient people into those who are dependant on the respondents for their survival and thereby opened up the rest of the island for exploitation.

22. for that the respondentssss by their activity have forced change in the eco-cultural equilibrium of the Onge leading to probable destruction of the community and thereby the loss of their great store house of knowledge for ever.

23. for that, if the ethnobotanical knowledge of the Onge is constructively used, the same may benefit mankind by production of new medicines and drugs to many diseases including the fatal malignant cerebral malaria.

24. for that the forestry operations being carried out by the respondents are further endangering the various rare and endemic creatures of Little Andaman which have already been declrared to be endangered under the Schedule I of the Wildlife (Protection) Act - 1972.

25. for that soil erosion due to logging operations are affecting the corals of the sea coast of Little Andaman.

26. for that Little Andaman is one of the few habitats for the endangered salt water crocodile and in view of experts, steps are required to be taken for ensuring their protection.

27. for that illegal poaching have resulted in severe depreciation of the population of wild pigs as a result of which the Onges are unableeeeee to get them as food and furthermore it has a cultural bearing also as an Onge is required to hunt wild pig before being recognised as an adult.

28. for that the respondents are doing nothing to stop the illegal poaching and marketing of wild pig meat.

29. for that instead of declaring the island as a bio-sphere reserve the respondents are sitting with the view that the island being a tribal reserve requires no further protection.

30. for that the varied life that survives along with the rich bounty of plants, animals and sea life in Little Adaman is of great environmental and ecological significance. It also has a bearing in the life, culture and folklore of the Onge and as such their survival is dependant on the existence of the said factors.

31. for that the increasing immigrant population, logging and paching of wildlife by such immigrants are destroying the survival of the Onge tribe.

32. For that the so called welfare measures adopted by the respondents have destroyed the bio-cultural equilibrium, food habits and health practices of the Onge.

33. for that the respondents subjected the Onge to cash economy and thereby developing habits of consumption of Paan, tobacco and alcohol in them.

34. for that even though the 1966 census report predicted that the possibility of preventing the ultimate extinction of the Onge seems remote but the authorities have learnt no lesson and are adding momentum to the said process.

35. for that the conservation of the territory and proper medical aid still save the Onge.

36. for that in the name of resettlement and development the respondents have uprooted the Onge from their traditional and favourite areas and confined them into two small settlements.

37. for that the Onge who have been huddled together in settlements by the respondents; have been forced to change their foodhabits and culture and this could be one of the reasons for the high child mortality and female sterility in the Onge.

38. for that unless the respondnts are directed to stop deforestation, encroachment, poaching, mining, and other illegal activities under the camouflage of development, the Onge once an integral tribe of our country will be history in the near future.

39. for that unless the respondents are directed to change their policy, act strictly in terms of the National Forest Policy 1988, the Forest Conservation Act, 1980 act in detriment to the interest of the Onge the respondents will accelerate the process of environmental destruction thereby leading to the extinction of the Onge.

 

Thanks you Mr. Samir Acharya of SANE (one of the three petitioners) to the Court we are also able to reproduce here the 'Prayer' made to the Court (numbered a to z and aa to rr):

This application is made bonafide and for the ends of justice.

In the aforesaid facts and circumstances thepetitioners humbly pray unto your Lordships to issue a writ in the nature of mandamus, and / or prohibition, and / or certiorari, and / or any other appropriate writ and / or writs, and / or order or orders, and / or direction and / or directions directing:

a) The respondents to forthwith ensure that the cutting of trees in Little Andaman is stopped.

b) The respondents to ensure that no person other than an indigenous tribal resides or enters in the tribal reserve, i.e. the area outside the red enclosure in annexure "G"

c) The respondents to reserve the entire Little Andaman island outside the red enclosure in Exhibit G for the exclusive use of the tribals, to clearly demarcate this boundary, to prevent encroachments and to ban the immigration of outsiders into the island of Little Andaman.

d) The respondents to ensure that no mining, quarrying, or any other non forest activity is done in the island of Little Andaman.

e) Appointment of a committee to enquire into all development projects, forest projects, tourism and roads as to whether they are beneficial to the tribals and the environment.

f) Squashing the Project Report of the ANFPDC at annexure "H" and any permission and approval granted in respect thereof if any.

g) The respondents not to proceed with any activity relating to road construction and plantations within the tribal reserve and within 500 meters around the tribal reserve in Little Andaman island.

h) The respondents that no transfer by any person of any plant or animal, or plant material or animal material from the Andaman and Nicobar islands is done till appropriate guidelines and regulations for such transfers are framed.

i) The respondents to publish the names of persons / agencies given permits to visit the tribal reserve on Little Andaman island in the official newspaper of Andaman and Nicobar islands.

j) The respondents to provide full information regarding discoveries relating to indigenous medicines and to permit the wider use of the plants, plants extracts and plant materials only with the concurrence of the tribals, after elicitation of their opinion and insuch a manner as to ensure that the tribals are the major recipients of the benefits arising thereof.

k) The respondents to establish a fund meant for the conservation of tribal rights and territory.

l) The respondents to ensure that the rights of the tribals in the respect of plant and plant related knowledge are publicly acknowledged and respected in publications and otherwise.

m) The respondents to ensure that no patents should be taken out based on the knowledge obtained from the tribals, till such time as the government of India enacts a legislation protecting indigenous knowledge from being misused.

n) For setting up a commission of this court consisting of experts including the petitioners organisations to visit the Andaman and Nicobar islands and enquire into the facts set out in this petition and to make a report to this court containing the recommendations as to what is needed to be done to protect both the tribes and the environment in the Andaman and Nicobar islands in general and Little Andaman in particular.

o) The respondents to evolve a policy and to submit the same to this Hon'ble court in respect of the conservation, extraction, use and export of bio diversity elements found in the Andaman and Nicobar islands and especially in respect to those plants and animals which are endemic (i.e. found only in these islands)

p) The respondents to take steps to declare the entire area of Andaman and Nicobar islands a biosphere reserve.

q) The respondents to appoint an Assistant Conservator of Forests (ACF) and atleast 20 foresters and forest guards to protect the forest and the endangered creatures like the Andaman wild pig.

r) The respondents to take immediate and appropriate steps to protect the dugong from settlers and poachers.

s) The respondents to forthwith report in respect to the activity taking place in the islands in respect of the exotic species.

t) The respondents not to proceed with any existing projects relating to the introduction of exotic species of plants and animals in the Andaman and Nicobar islands.

u) Pending hearing and final disposal of the instant writ petition the respondents to forthwith ensure that the cutting of trees in Little Andaman is stopped.

v) Pending hearing and final disposal of the instant writ petition for an order directing the respondents to ensure that no person other than an indigenous tribal resides or enters in the tribal reserve, i.e. the area outside the red enclosure in annexure 'G"

w) Pending hearing and final disposal same for an order directing the respondents to reserve the entire Little Andaman island outside the red enclosure in annexure "G" for the exclusive use of the tribals, to clearly demarcate this boundary, to prevent encroachments and to ban the immigration of outsiders into the island of Little Andaman.

x) Pending hearing and final disposal same for an order directing the respondents to ensure that no mining, quarrying, or any other non forest activity is done in the island of Little Andaman.

y) Pending hearing and final disposal same for an order appointing a committee to enquire into all development projects, forest projects, tourism and roads as to whether they are beneficial to the tribals and the environment.

z) Pending hearing and final disposal same for an order squashing the Project Report of the ANFPDC at annexure;"H" hereto and any permission and approval granted in respect thereof if any.

aa) Pending hearing and final disposal same for an order restraining the respondents from proceeding with any activity relating to road construction and plantations within the tribal reserve and within 500 meters around the tribal reserve in Little Andaman island.

bb) Pending hearing and final disposal same for an order directing the respondents that no transfer by any person of any plant or animal, or plant material or animal material from the Andaman and Nicobar islands is done till appropriate guidelines and regulations for such transfers are framed.

cc) Pending hearing and final disposal same for an order directing the respondents to publish the names of persons / agencies given permits to visit the tribal reserve on Little Andaman island in the official newspaper of Andaman and Nicobar islands.

dd) Pending hearing and final disposal same for an order directing the respondents to provide full information regarding discoveries relating to indigenous medicines and to permit the wider use of the plants, plants extracts and plant materials only with the concurrence of the tribals, after elicitation of their opinion and insuch a manner as to ensure that the tribals are the major recipients of the benefits arising thereof.

ee) Pending hearing and final disposal same for an order directing the respondents to establish a fund meant for the conservation of tribal rights and territory.

ff) Pending hearing and final disposal same for an order directing the respondents to ensure that the rights of the tribals in the respect of plant and plant related knowledge are publicly acknowledged and respected in publications and otherwise.

gg) Pending hearing and final disposal same for an order directing the respondents to ensure that no patents should be taken out based on the knowledge obtained from the tribals, till such time as the government of India enacts a legislation protecting indigenous knowledge from being misused.

hh) Pending hearing and final disposal same for an order setting up a commission of this court consisting of experts including the petitioners organisations to visit the Andaman and Nicobar islands and enquire into the facts set out in this petition and to make a report to this court containing the recommendations as to what is needed to be done to protect both the tribes and the environment in the Andaman and Nicobar islands in general and Little Andaman in particular.

ii) Pending hearing and final disposal same for an order directing the respondents to evolve a policy and to submit the same for an order directing to this Hon'ble court in respect of the conservation, extraction, use and export of bio diversity elements found in the Andaman and Nicobar islands and especially in respect to those plants and animals which are endemic (i.e. found only in these islands).

jj) Pending the hearing and final disposal of this writ petition for an order directing the respondents to take steps to declare the entire area of Andaman and Nicobar islands a biosphere reserve.

kk) Pending the hearing and final this writ petition for an order to appoint an Assistant Conservator Of Forests(ACF) and atleast 20 foresters and forest guards to protect the forests and endangered animals like the Andaman wild pig in Little Andaman.

ll) Pending the hearing and final disposal of this writ petition for an order directing the respondents to take immediate and appropriate steps to protect the dugong from the settlers and poachers.

mm) Pending the hearing and final disposal same for an order directing of this petition the respondents to forthwith report as to the activity taking place in the islands in respect of the exotic species.

nn) Pending the hearing and final disposal same for an order restraining the respondents from proceeding with all existing projects relating to the introduction of exotic species of plants and animals in the Andaman and Nicobar islands.

oo) Interim orders in terms of prayers (a) to (k) above.

pp) Ad- interim orders in terms of prayers (u) to (nn) above.

qq) Costs of this application to be paid by the respondents.

rr) Any other and / or further relief and /or reliefs and / or orders and / or directions as this Hon'ble Court may deem fit and proper.

And your petitioners as in duty bound shall ever pray.

Advocate for the Petitioners

 

 

 

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