advocate
ELAW Advocate: Winter 2010

INDIA: Saving Tribal Lands and Athirapally Falls

ELAW partners in India are making big strides protecting tribal homelands and critical biodiversity.

For years, authorities in India have sought to build a hydroelectric dam on a remote stretch of the Chalakudy River, in the southern state of Kerala. Athirapally Falls is a major tourist attraction and the area is home to more than 50 tribal families.  The dam would destroy the falls and create a reservoir that would innundate ancestral homelands, rare wildlife habitat, and the migration paths of Asian Elephants.

P.B. Krishnan

 P.B. Krishnan

Patience and perseverance are paying off.  ELAW partner P.B. Krishnan says his father worked on the case, then retired, and if necessary he will pass the case to his daughter!  But it appears that won’t be necessary.

On January 4, 2010, the Indian Ministry of Environment and Forests initiated proceedings to revoke clearance for the proposed dam, citing the danger it posed to the Kadar tribes and the area’s valuable biodiversity.  It is expected that the High Court of Kerala will soon issue a judgment stating the same.

ELAW has worked with partners in India for 10 years to protect Athirapally Falls.  We helped partners win a High Court case in 2001 that put the dam on hold because authorities never convened a public hearing, as required by Indian law.  After this precedent-setting judgment, project proponents submitted an Environmental Impact Assessment and a public hearing was held in 2006.  Authorities again granted clearance for the project.  ELAW partners again went to court to halt the project.  The January ruling may be the end of a long and hard fought struggle.

Congratulations to P.B. Krishnan and everyone in India who has worked for many years to protect India’s natural beauty and ancient heritage.

 Athirapally Falls
Athirapally Falls
PHOTO: Eashwar Natarajan