Adivasi rights group slams Supreme Court ruling on post-facto clearances

By A Representative 

The Adivasi Adhikar Rashtriya Manch (AARM) has criticised a Supreme Court judgment that permits post-facto environmental clearances for projects begun without prior approval, calling the decision a major setback for environmental safeguards and Adivasi rights.

The ruling reverses the earlier Vanashakti judgment, which had struck down a central government notification allowing such post-facto clearances. AARM described the latest decision as “regressive” and said it effectively rewards violators while undermining the precautionary principle central to environmental regulation. The organisation argued that the judgment aligns with what it called the Centre’s pro-corporate approach to diluting rigorous environmental impact assessments.

AARM noted that the verdict came on a review petition filed by real estate developers, despite the absence of a review plea from the concerned ministry. The group endorsed the dissenting opinion of Justice Ujjal Bhuiyan, who, along with Justice Abhay Oka in the earlier bench, had held that the right to a safe environment is part of the fundamental right to life under Article 21. The dissent warned that treating environmental compliance as an obstruction to development would overturn decades of established jurisprudence.

According to AARM, the judgment poses serious implications for Adivasi communities, especially those in mineral-rich regions. It said the ruling could embolden mining and power companies to begin work without conducting environmental impact assessments or complying with laws that mandate prior consent from Gram Sabhas. The organisation cited a recent case in Chhattisgarh where a mining company felled trees without required permissions, and the court allowed the project to continue on the grounds that the violations were already committed.

AARM has demanded that the decision be reviewed again and that the Vanashakti judgment authored by Justice Abhay Oka be reinstated.

The statement was issued by AARM chairperson Jitendra Chaudhury and national coordinator Pulin Bihari Baske. The release was circulated from the organisation’s New Delhi office.