×
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT

Right to development, not displacement

Last Updated 06 December 2010, 16:45 IST

More than 3,500 of them had come from all corners of India travelling for more than two days — those facing loss of land and livelihood in the name of development projects — big dams, mining and power projects and others. They squatted with their frayed luggage before the Jantar Mantar bearing New Delhi’s cold for a whole week.

They had come with their own packed food — dry rotis with pickle and boiled and roasted channa gram. Impoverished though he was, Vrijlal from Madhya Pradesh put two big handfuls of channa on his scarf spread on the pavement and insisted that you eat it all, as he could not dream of eating his food without sharing it with his neighbour.

Under the banner of ‘Sangharsh,’ they marched to parliament to protest against the proposed amendments to the colonial Land Acquisition Act (LAA) and the Resettlement and Rehabilitation (R&R) Bill likely to take away even their minimum right to food, life and livelihood. But parliament was too busy to take notice of the wretched of the land banging at its gates, as it was taken up full-time with the looting of India by its super-rich — the Adarsh housing scam, the Rs 65,000 crore scam of the Commonwealth Games, and the Rs 1,76,000 crore scam of the 2G spectrum.

Eminent domain

“Jo jameen sarkari hain, wo jameen hamari hain,” shouted the protestors. Their plaint is that independent India has continued the colonial principle of ‘eminent domain’ to acquire their resources, which is an anachronism in a democracy where resources belong to the people.

The state is not the owner of resources but only a custodian who holds it in trust on people’s behalf. “Hamara gaon mein hamara raj” shouted the gathering, meaning, “The decisions on the use of resources have to be made by the people themselves and not the state”.

But the proposed amendments to the LAA seek to enlarge even more the state’s powers to acquire land. And to appease the voices of the millions of project affected, it has introduced a tokenistic R&R Bill as well. And while doing that, the ministry of rural development has ignored the comprehensive bill prepared by people’s movements and approved by the National Advisory Council in 2006 titled, ‘Development Planning, Displacement and Rehabilitation Bill’. “We want a Land Rights Act not a Land Acquisition Act and a right to development, not displacement,” voiced the speakers.

Ironically, the colonial definition of ‘public purpose’ in the LAA was more citizen-friendly than the one being proposed now. It authorised acquisition of land for housing the poor or those displaced, and for any educational or health scheme.  But these specific provisions have now been removed. Instead, land acquisition for private companies has been subtly included as ‘public purpose’ by defining ‘person’ to include ‘any company’ obliterating the distinction between private and public interest.

The amendment also says that if companies/individuals succeed in acquiring 70 per cent of required land privately, the government would acquire the remaining 30 per cent for them and the 70 per cent land would not carry the responsibilities of R&R.

According to Sangharsh, the proposed R&R Bill has no mechanisms for community participation in project planning, or to ensure that there is prior informed consent and no forced displacement. Nor is there a guarantee of land for land, alternative livelihood and minimum standards for rehabilitation, all of which are requirements under international human rights instruments on involuntary resettlement. There are escape clauses like ‘if available’ and ‘as far as possible’ to evade rehabilitation.

The Bill requires the involuntary displacement of a minimum 400 and 200 families in plain and tribal/hilly areas respectively for the Act to be applicable. This will exclude most oustees from R&R as most current projects affect less than 400/200 families. A clear time line for R&R and provisions to make violations punishable are missing. The Bill also completely ignores the large-scale urban displacement happening through urban infrastructure projects.

To those who banged on parliament’s gates, the Bills are a matter of their life and livelihood. But our leaders of all political shades are too busy caught up in hobnobbing with lobbyists to get plum cabinet posts, wheeling-dealing with this or that company for fat commissions, getting lands allotted or de-notified in favour of their kith and kin, raking up others’ muck to justify one’s own wrong-doings, etc. To them, the wretched coming with their stinking, unwashed bodies, demanding changes in some Bills is an irritant and a nuisance usurping time they need for the more pressing pursuit of their own survival.

ADVERTISEMENT
(Published 06 December 2010, 16:45 IST)

Follow us on

ADVERTISEMENT
ADVERTISEMENT