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PDF of Full Letter attached with list of signatories
12th June, 2025
To,
The Collector and District Magistrate,
Rayagada,
Odisha
Sub: Condemning arbitrary restraint of social activists in Odisha and demanding immediate withdrawal of Order issued by Collector, Rayagada prohibiting 24 activists and adivasis from entering Rayagada for 2 months – Stop Repression on people’s movements.
Madam,
We, the undersigned concerned citizens of India, including social activists, academics, lawyers and members of various people’s organizations and movements vehemently condemn the absolutely high-handed manner in which the Odisha police restrained and harassed social activists, who were visiting Rayadaga for a peaceful program marking the International Environment Day. We are also writing to express our profound alarm and disapproval of Order No. 1556/VII-14/2025, issued by your office on 4th June, 2025 prohibiting 24 activists and adivasis from entering Rayagada for a period of 2 months and participating in protests. We demand the immediate and unconditional withdrawal of this questionable order.
As you are aware, at 4:30 am on 5th June, well-known social activists Medha Patkar, Lingaraj Pradhan, Narendra Mohanty and Hara Bania 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 and harassed by taking them around the whole day, with the only intent to ensure they don’t attend the pre-scheduled programme of Environment Day.
We have 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.
The 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. We condemn 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 impugned order is clearly an abuse of law, through which prohibition has been imposed on many local people and residents of the area. 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.
There have been a series of instances in which the state government has unleashed repression on activists and movements, in order to enable corporate expansionism in the region, by grossly violating constitutional safeguards and statutory norms. We would also urge you to kindly refer to the recent public statement of concern by many well-known activists and people’s organizations of Odisha regarding the spree of violations and high handedness of the Odisha Government[4].
In the light of the above, we demand the following:
Looking forward to reasonable action from your end.
We will continue to monitor this situation closely.
Copy to:
1. Chief Minister, Odisha
2. Chief Secretary, Bhubaneswar, Odisha
3. Superintendent of Police, Rayagada
4. Dy, Registrar, Focal Point for Human Rights Defenders, National Human Rights Commission, New Delhi
Signatories to the Petition from across India:
Name |
Location (City / Area / State) |
Organization / Profession |
Adv Sankar Pani |
Bhubaneswar |
Advocate |
Purnima Upadhyay |
Maharashtra |
Legal Professional |
Shruti Ajit |
Bengaluru |
Independent Researcher |
Ashish |
Hyderabad Telangana |
advocate |
Youth for Himalaya |
Himalayan region |
Youth for Himalaya |
Bhumi |
New Delhi |
Social worker - Climate Front India, ALIYSA , Youth For Himalaya |
Akhil Surya |
Hyderabad, Telangana |
Law Student |
Mini Mathew |
Mumbai Maharashtra |
Lawyer |
Sudhir Pattnaik |
Bhubaneswar |
Media |
Cedric Prakash |
Ahmedabad Gujarat |
Human Rights Reconciliation & Peace Activist/Writer |
AVS Krishna Chaitanya |
Hyderabad |
Software Engineer |
Nikita Naidu |
Hyderabad, Telangana |
Climate Action Specialist |
Arundhati Dhuru |
Lucknow Uttar Pradesh |
Activist |
Dr Sanjay MangalaGopal |
Maharashtra |
Shramik Janata Sangh |
Arundhati Dhuru |
Lucknow Uttar Pradesh |
NAPM |
Dr Sunilam |
Multapi |
Kisan Sangharsh Samiti |
K Babu Rao |
Hyderabad Telangana |
HRF |
N. Indira Rani |
Hyderabad, Telangana |
Independent Researcher |
Jagdish Khairaĺìa |
Thane, Maharashtra |
Shramik Janata Sangh |
Ramnarayan |
Munsiari, Uttarakhand |
Educator |
Adv Dr Shalu Nigam |
Delhi NCR |
Lawyer |
Roshni Kutty |
Goa |
Researcher |
Rajaraman |
Bhubaneswar |
Independent Journalist |
Ashutosh M |
Chennai |
Concerned citizen |
Madhuri |
Madhya Pradesh |
Jagrit Adivasi Dalit Sangathan |
Raj Kumar Sinha |
Jabalpur, Madhya Pradesh |
Bargi Baandh Visthapit Evam Prabhavit Sangh |
Uma Shankari |
Hyderabad |
Farmer, citizen of India |
Bhanumathi Kalluri |
Hyderabad |
concerned citizen |
Latika Mansing Rajput |
Dhadgaon Maharashtra |
Social Activist |
Khalilur Rehaman |
Dharwad, Karnataka |
NAJAR |
Prakash Mokal |
Thane, Maharashtra |
Advocate |
Tannuja Chauhan |
New Delhi |
Artist and Activist (NAPM) |
Chetan salve |
Dhadgaon, Nandurbar, Maharashtra |
Social activist |
Roop Rekha Verma |
Lucknow, Uttar Pradesh |
Saajhi Duniya |
Praveer Peter |
Ranchi, Jharkhand |
Sajha Kadam |