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Development-Induced
Displacement and Human Rights
The book attempts to list the consequences of displacement, actions undertaken at the international platform, required inputs for formulating a policy of resettlement and rehabilitation, the things required to be done for adequate relief to the displaced population, extent of adequacy of national rehabilitation policy drafts prepared by some voluntary organisations, and human rights violation of the displaced population. Among other things, the book discusses, there have been no major national laws in India other than the Land Acquisition Act, 1984, with regard to land acquisition, or rehabilitation and resettlement of the project affected persons or displaced families. The book catastrophically argues why the Land Acquisition Act is to be understood in different connotation. It needs to be understood and judged in the light of the times it served and refers to the British regime which was exploitive in nature. Some of the other significant legislations which had an adverse impact on the rights and interests, particularly of tribal, indigenous and other forest dwelling communities are the introduction of the Forest Act, 1927, and the Wildlife Protection Act, 1972. Only a few states in India have passed legislation on resettlement and rehabilitation. The Maharashtra Rehabilitation Act, 1976; Madhya Pradesh Resettlement Act, 1985; Karnataka Resettlement of Project Displaced Persons Act, 1987; and Orissa Rehabilitation Policy, 1994, are the prominent state legislations passed till date. In almost all these state legislation, state interest still holds the priority. At the all-India level, a policy entitled ‘National Policy on Resettlement and Rehabilitation for Project Affected Families—2003’ was framed which came into force in February 2004. This policy stipulates that a land-owning project affected family will be given land for land, subject to a maximum of one hectare of irrigated or two hectares of non-irrigated land, subject to the availability of the government waste or revenue land in that district. It is to be understood further that for any policy to be effective, it should be legally justifiable document but the present one is only a policy or a statement of intent. It does not carry any legal compulsions or imposes any constitutional obligation on the state to rehabilitate those affected. The book also shows that how valuable and precious efforts of different non-governmental organisation go waste without political will and commitment. In order to show justification of the arguments highlighted in the book, a case study report of development-induced displacement in a small place like Korba, now in Chattisgarh, has been inserted. The book concludes with the observation of a need for providing a holistic approach towards development-induced displacements and suggests some concrete strategic moves in this regard.
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THE displacement on
account of development is a cause for concern, for developmental
economics often result in violation of human rights by way of
landlessness, joblessness, homelessness, marginalisation, food
insecurity, increased morbidity and mortality, loss of access to common
property and social disarticulation of the displaced population.