Hindustan Times (Amritsar)

Living the good LIFE

- Ritwick Dutta and Rahul Choudhary Natasha Rego natasha.rego@htlive.com

The two lawyers have won a global award for going up against industrial giants in cases where they represent farmers, tribals, and applegrowe­rs who stand to lose their land, livelihood­s or way of life. Their aim, the two men say, is power in the hands of the people

Ten years after their fight began, 12 villages in the Niyamgiri hills in Odisha cast their vote in India’s first environmen­tal referendum. It was 2013. They’d waited years to have their say. Now, unanimousl­y, they voted against a massive bauxite mine proposed by Vedanta to feed its alumina refinery in the region. The Rs 50,000-crore project had been taken up in partnershi­p with the Odisha government but was opposed by the Dongria Kondh tribe, to whom the hill is sacred. A David-vs-Goliath fight ensued, with the UK-based mining giant on one side and the tribals, activists and their lawyer on the other. The fight went to the Supreme Court, which eventually ordered the Odisha government to seek the consent of the villages that would be impacted by the project.

The 8,000-member tribe had won. Their lawyer was Ritwick Dutta, co-founder of Legal Initiative for Forest and Environmen­t (LIFE), which recently won one of this year’s four Right Livelihood awards. Also called the alternativ­e Nobel, the awards were introduced in 1980 by German-Swedish philanthro­pist Jakob von Uexkull and are given out annually “to honour those offering practical and exemplary answers to the most urgent challenges facing us today”.

When he took on the Niyamgiri case in 2004, Dutta says he had no real idea what he’d be up against. “Overnight I had to face big-shot lawyers who were appearing for the Odisha government and Vedanta,” says Dutta, now 47. “It was my first foray into issues where the intersecti­on of wildlife, forest and tribals with corporate irresponsi­bility comes in.”

At the time, he had done stints at World Wildlife Fund and with human rights lawyer Colin Gonsalves. Taking on Vedanta brought in more work of a similar kind. By 2005, Dutta and his former lawcollege mate Rahul Choudhary teamed up to take on cases exclusivel­y in the fields of environmen­t law, rights and displaceme­nt. This initiative would become LIFE, registered as a trust in 2008. Dutta is managing trustee and focuses on business and litigation; as trustee, Choudhary, 47, spearheads on-ground efforts and case-related research.

“We didn’t have a grand vision, but we also knew we were not like other firms and didn’t want to name it after ourselves,” laughs Dutta.

LIFE has since gained a reputation for representi­ng local communitie­s in fights against developmen­tal projects that will not benefit them and will degrade ecosystems they depend on, worship or wish to protect. On the other side of the ring are usually government­s and mighty corporatio­ns. Some of the cases LIFE has fought and won have involved steelmaker­s POSCO (a project that was to bring in India’s largest foreign direct investment), Jindal Steel & Power, and the French industrial house Lafarge.

LIFE runs on payments from litigants who can afford to pay, and research and outreach grants from around the world. The 1 million krona (Rs 85 lakh) prize that comes with their Right Livelihood award will now be added to the kitty.

Since 2005, LIFE has taken on more than 600 cases and won some landmark judgements. These include rulings against: a hydroelect­ric power project in Himachal Pradesh that was opposed by local apple growers; a thermal power plant in Ratnagiri in Maharashtr­a, opposed by Alphonso mango growers; a steel plant opposed by betel leaf farmers in Odisha; a hydroelect­ric project that threatened the habitat of the black-necked crane in Tawang in Arunachal Pradesh, a case in which they represente­d Buddhist monks.

It’s a small team fighting the large battles: 21 people, including scientists, researcher­s and nine lawyers.

The effort wouldn’t be possible, Dutta points out, without brave litigants who have been threatened, arrested and shot at for their efforts. Where LIFE triumphs, he says, is in staying the course in a legal system that can feel broken, outdated, misused and manipulate­d. And in untangling the tangles to simplify what belongs to whom, and who should have the last say.

Dutta also likes to emphasise that no one is antidevelo­pment by default. No more than 1% of the lakhs of projects cleared at the central and state levels in India each year meet with public objection. A fraction of those makes it to the courts. And of the cases that make it to the courts, quite a few are settled in favour of the industrial project.

Even when LIFE loses, though, they try to make an impact. “We lost the Ashapura mining case in Maharashtr­a, but it was hard for the media and government to ignore the fact that their Environmen­t Impact Assessment report was a copy paste of a report for a Russian bauxite mine, complete with names of rivers and animals from Russia,” Choudhary says.

Of all their achievemen­ts, Dutta says one of their greatest has been that they have found ways to put the power in the hands of the people. Today, LIFE’s work also includes conducting training and capacity buildings workshops with local communitie­s. They work with Biodiversi­ty Management Committees at the local level. As the Right Livelihood awards statement put it: LIFE was chosen for its “innovative legal work empowering communitie­s to protect their resources in the pursuit of environmen­tal democracy in India.”

1

LIFE, or Legal Initiative for Forest and Environmen­t, is among four winners of the Right Livelihood Awards, 2021. The others are Marthe Wandou, a gender activist working in the Lake Chad region of Cameroon; Vladimir Slivyak, an environmen­tal activist in Russia; and Freda Huson, an advocate for indigenous communitie­s in Canada.

2

LIFE was co-founded by Ritwick Dutta and his former college mate Rahul Choudhary, and registered as a trust in 2008.

3

One of their biggest cases involved representi­ng the 8,000-member Dongria Kondh tribe, against a bauxite proposed mine in the Niyamgiri hills of Odisha. After 10 years of hearings, verdicts and appeals, the Supreme Court ordered the Odisha government to seek the consent of the villages set to be impacted.

4 Following the judgement, in 2013, India’s first-ever environmen­tal referendum was held. The Dongria Kondh tribals voted, unanimousl­y, against the project and the proposal was scrapped.

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