A Comment on Narmada Bachao Andolan, etc. v. Union of India and Others (AIR 2000 SC 3751)

Abstract

The Sardar Sarovar Dam on the Narmada, straddled amidst the states of Madhya Pradesh and Gujarat in India, is a classic story on how the State has led infrastructure projects using the machinery and "state power" against indigenous populations, depriving them of their rights and livelihoods. I would be explaining, through my critique of the Supreme Court judgment in 2000, as to how the government failed in its obligation to honour Article 21, and how the Supreme Court could have done a much better job in its understanding of Article 21, specifically because an Article 32 petition (in the form of a PIL) is often the last resort available to the poorer folk (with the fortune of being represented).

Keywords: dams, rivers, tribal rights, constitution, right to life, displacement, India, Supreme Court

JEL Classification: H54, O22, J71, J78, K10, K32, K41, N55, Q28