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JAN MORCHA IN OPPOSITION TO THE NEW LAND ACQUISITION BILL

August 21, 2012 Leave a comment

Our Country is not for Sale !
In opposition to the New Land Acquisition Bill
For Land Rights and Consent of Gram Sabha in Development Planning
Janmorcha @ Jantar Mantar, New Delhi | 21-22-23 August

Various Programmes, Marches, Demonstrations Across the Country too …

Comrades, Zindabad!

For many years now, the government has been trying to bring in a bill on land acquisition and resettlement and rehabilitation. The country’s farmers, fishermen, landless workers, Dalits, tribals, rural folks and urban poor have been consistently giving their feedback and suggestions regarding this and engaged the government in negotiation on its provisions. The struggles for protection of natural resources continue in every corner of the country. No part of the country has been untouched by people’s struggle including Narmada, Tehri, Damodar, Koel-karo, Singur, Nandigram, Sonebhadra, Chhindwara, Lakhimpur, Bhavnagar, Mundra, Kashipur, Raigarh, Srikakulam, Waang Marathwadi, Fatehabad, Assam, Arunachal Pradesh, mining areas of Central India, Mumbai, Patna, Delhi, Bangalore and other urban settlements. The list of martyrs protecting their own land from the government is steadily increasing and the number of our friends in jail is also on the rise. Thanks to mass struggles, the government and corporate interests have not been successful in their nefarious intentions.

As a result of mass struggles, land acquisition has now become a political issue. What we need now is a law that emerges out of political consensus, not a biased pro-capitalist law with a superficial name change that only increases land acquisition. The Ministry of Rural Development has introduced a combined bill and named it “Right to Fair Compensation, Resettlement, Rehabilitation and Transparent Land Acquisition Bill, 2012”. Trying to reflect the commitment of the government, the Bill claims to provide a legal guarantee to project affected people and ensure transparency in the land acquisition process. However; these claims are nothing but empty !
Showing complete disdain the Ministry of Rural Development has rejected the suggestions of people’s movements and recommendations of the all party Parliamentary Standing Committee. Our struggles are not only for protecting land, water, forests and minerals but over the years been proposing a truly democratic Development Planning / Land Protection Act. The government will have to understand that infrastructural development and the foundation of urbanization cannot be laid on the graves of citizens of this country.
We reject the proposals of the Ministry of Rural Development which are in complete contrast with the recommendations of the Parliamentary Standing Committee, such as :

  • Government will acquire land for private projects and for PPP. We believe government must not have any such role, it can’t transfer the most valuable livelihood resources such as land, water to the profiteering bodies in the garb of ‘public interest’ and ‘public purpose’ at the cost of the livelihood of the nature based sections and working class section of society.
  • Only multiple crop agricultural land will not be acquired. Since, 75% of the agricultural land in India is rain fed and most of it single cropped, mostly held by Dalits, Adivasis and marginal farms and so it t is essential to protect them and all farm land for food security, which comes not from PDS but self sufficient agriculture.
  • The provisions of new act will not apply to 13 out of 16 central Acts including Industrial Development Act, Land Acquisition (Mines) Act, National Highways Act. This means that the forcible land acquisitions and injustices will continue unabated.
  • If the acquired land is not used for five years then it will go to State Land Bank. Concept of land banks are illegal and land unutilised must go back to owners or distributed among landless people.
  • In key decision making bodies and processes, participation and consent of Gram / Basti Sabha is not recognised by the Ministry. We demand that consent and direct involvement of majority of the Gram Sabhas must be there in every project, including public projects for public purpose.
  • The provisions of Act will not apply retrospectively which means nearly 6-8 crore people who have not received proper R&R in various cases of displacement will not get justice. We demand that a National R &R Commission be formed to look in to all unsettled claims of R&R since independence.

Unfortunately, Once again the Bill has no provisions for the Urban Evictions and Displacements …
Neither the Ministry nor the Standing Committee R eport has actual looked at the displacement in urban spaces. Most of these are not directly land acquisitions but they are cases of forceful evictions in the name of urban infrastructure development and beautification. We have witnessed large scale demolitions and evictions without any resettlement and rehabilitation in metros and smaller cities as well. In the name of real estate large tracts of land occupied by urban working class is being acquired, negating all provisions of the urban land ceiling act. We demand that let there be separate act which addresses the specifics of the urban conditions and ensure protection of land rights in the urban areas. Since, this Bill fails to deal with the urban situation, let this be called a ‘Rural Bill’ only.

So once again struggling mass movements from across the country will join in the Janmorcha in New Delhi from August 21 to 23. Programs will be conducted by the Gram Sabhas and movements on those very days in respective areas warning the government against bringing anti-people laws and our resolve to protect the country’s natural resources from acquisition for private profit. The government must bring out a white paper with information of usage of all the land acquired since Independence, people displaced as a result, rehabilitation efforts and details of incomplete land reform and only then there can be any discussion on the land use changes even for public purpose. We won’t let the sacrifices of those martyred protecting land, water and forests in various struggles go waste, their families will be part of the country wide events and we will hold the government accountable.

Let us come together at Jantar Mantar, in front of the Parliament; and in our farms, villages, districts, cities and struggle areas and tell the government that we will not allow displacement in the name of development and will not allow the legislation of any destructive or pro-capitalist laws in our name. Do join in force with your banners, flags, slogans, struggle photographs, films, and literature. Let us show the capitalists and ruling classes that sacrifices for community control over natural resources will continue whenever they will attempt forcible acquisition !
We will fight for our freedom, for our community rights!
Required for the program: Volunteers for different tasks and support for food, tent, organising, etc. Please stay in touch for more information.

In solidarity, SANGHARSH members

Medha Patkar – Narmada Bachao Andolan and the National Alliance of People’s Movements (NAPM); Ashok Choudhary, Munnilal – National Forum of Forest people and Forest Workers (NFFPFW); Prafulla Samantara – Lok Shakti Abhiyan, NAPM, Odisha; Roma, Shanta Bhattacharys, Kaimur Kshetra Mahila Mazdoor Kisan Sangharsh Samiti, UP – NFFPFW; Gautam Bandopadhyay – Nadi Ghati Morcha, NAPM, Chhattisgarh; Guman Singh – Him Neeti Abhiyan, HP; Ulka Mahajan, Suniti SR, Prasad Bagwe – SEZ Virodhi Manch and NAPM, Maharashtra; Dr.Sunilam, Aradhna Bhargava – Kisan Sangharsh Samiti, NAPM, MP; Gabriel Dietrich, Geetha Ramakrishnan – Unorganised Sector Workers Federation, NAPM, TN; Shaktiman Ghosh – National Hawker Federation, NAPM; Bhupendra Rawat, Rajendra Ravi, Anita Kapoor – Jan Sangharsh Vahini and NAPM, Delhi; Akhil Gogoi – Krishak Mukti Sangram Samiti, NAPM, Assam; Arundhati Dhuru, Sandeep Pandey – NAPM, UP; Sister Celia – Domestic Workers Union, NAPM, Karnataka; Sumit Banjale, Madhuri Shivkar, Simpreet Singh – Ghar Bachao, Ghar Banao Andolan, NAPM, Mumbai; Mata Dayal – Birsa Munda Land Rights Forum and NFFPFW, MP; Dr.Rupesh Verma – Kisan Sangharsh Samiti, NAPM, UP; Manish Gupta – Jan Kalyan Upbhokta Samiti, NAPM, UP; Vimal Bhai – Matu Jan sangathan, NAPM, Uttarakhand; Vilas Bhongade – Gosikhurd Prakalpgrast Sangharsh Samiti, NAPM, Maharashtra; Ramashray Singh – Ghatwar Adivasi Mahasabha, Jharkhand; Anand Mazhgaonkar, Paryavaran Suraksh Samiti, NAPM Gujarat; Rajneesh, Ramchander Rana, Kadma Devi, Tharu, Aadivasi, evam Tarai Kshetra Mahila Mazdoor Kisan Manch, UP, NFFPFW

For more details contact : – Sangharsh, C/O, NAPM 6/6 Jangpura B, New Delhi – 110014
Seela – 9212587159/9818411417, Sanjeev – 99958797409, Shweta – 9911528696
email : action2007@gmail.com, napmindia@gmail.com

SANGARSH-A COMMENTARY ON THE LAND ACQUISITION BILL, 2012

August 21, 2012 Leave a comment

A Paradigm Shift in Development Planning and Land Reforms is Need of the Hour Not Further Acquisition and Cash Compensation

Commentary on Right to Fair Compensation, Resettlement, Rehabilitation and Transparency in Land Acquisition Bill, 2012

Amidst all the controversies and conflicts related to Lokpal and Jan Lokpal politics, a very major enactment (in Bill form) is soon to be tabled before the Cabinet for approval and there after tabled in the Monsoon session of the parliament. While this has been in the offing for last many years, people’s movements across the country from farmers to fishworkers, landless workers to Dalits, adivasis as well as urban poor, are closely watching and reacting or responding to every move on the issue: Land Acquisition and Rehabilitation. The much awaited new “Land Acquisition, Resettlement and Rehabilitation Bill” has now been renamed “Right to Fair Compensation, Resettlement, Rehabilitation and Transparency in Land Acquisition Bill, 2012 with a claim to better reflect Government’s Commitment towards securing a legal guarantee for the rights of project affected, and ensuring greater transparency in the land acquisition process. It is also claimed that the Bill will ensure, in concert with local institutions of self-government and Gram Sabhas established under the Constitution, a humane, participative, informed, consultative and transparent process for land acquisition.

The Bill has no doubt sought comments and suggestions through the website but limited only till 30 days, as no regional or state consultations were held by Ministry for Rural Development as was strongly suggested by NAPM, NFFPFW and many other organisations across the country. This is a kind of disrespect shown to a large number of organisations and millions of people engaged not only in conflict over the issues of land, water, forest, minerals or aquatic wealth but also proposing a new, truly democratic, just and sustainable ‘Development Planning Act’ as an alternative since years.

Now that the all party Parliamentary Standing Committee’s report (on Rural Development) on the Bill is out and the Ministry of Rural Development has also made its views / reactions clear and open, we, the people’s movements, have taken serious cognizance of the fact that the strong position taken by the Standing Committee on certain critical issues are either diluted or rejected by the Ministry of Rural Development, which is shocking. The Ministry that is supposed to protect the rights and powers of the rural communities has not accepted some of the standing committee recommendations, towards that end, which are presented with our comments, herewith:

Food Security and Agricultural Land Acquisition
1. No forcible acquisition of agricultural land, for non-agricultural purpose including single crop and multi crop land.
• Ministry says only multiple crop land can be excluded.
How can the in-between farms that may be unirrigated, rain fed, single crop be left out, we ask. India has 75% of the agricultural land as rain fed and most of it single cropped. Such land is mostly held by Dalits, Adivasis and marginal farms. Protecting them and all farm land for food security, which comes not from PDS but self sufficient agriculture, is a must!

Acquisition for Private and PPP Projects
2. No forcible acquisition for private projects, or for PPP, which can not to be categorized as public purpose projects.
• Ministry has rejected this and justified this with a provision that consent of 80% of project affected People will be sought before acquisition for any private projects
In this era of neo-liberal economic reforms, private projects with corporate investment and interests are taking a much larger toll of land and other rich natural resources as also uprooting by killing communities which are generations old. This must come to an end and the same can happen only with stopping the State playing a role of facilitator and land dealer. At the cost of the livelihood of the nature based sections and working class section of society, the state can’t transfer the most valuable livelihood resources such as land, water to the profiteering bodies in the garb of ‘public interest’ and ‘public purpose’.

Bringing 16 Central Acts Under Purview of this Bill
3. The standing committee has recommended that all 16 central acts should be brought under the purview of the new act, to make all equal before law (Article 14 of the Constitution).
• Ministry of Rural Development wants to exclude 13 out of 16 Acts including Industrial Development Act, Land Acquisition (Mines) Act, National Highways Act and others from the purview of the new act. This means that 90% of the land acquired as on today will continue with injustice and force used, with no change at all.
The standing committee recommendations must be upheld to end brutal unjust acquisition for all projects.

Role and Consent of Gram and Basti Sabha
4. The Committee asks that all studies – SIA, EIA, expert committee appraisal be done in consultation with the gram sabhas and the corresponding reports be made available to the gram sabhas.
• Ministry emphasises that 80% consent of PAFs provision is there in case of acquisition for PPP and private sector projects.
Consent and direct involvement of majority of the Gram Sabhas must be there in each and every project, including public projects for public purpose. 80% consent of the project affected population for the private projects alone is not sufficient. Also, why should the linear projects be left out? If it’s consent of 80% affected, there are to be a number of manipulations that people will have to face. Experiences of 70% consent in Slum Rehabilitation Scheme in Mumbai are quite telling.

Return of Unutilised Land to farmers and Land Bank
5. The Committee recommended that the land, if not used till 5 years, should be returned after 5 years from the date of possession to the land owners.
• Ministry accepts the reduced five years time period but opposes its return to the landowner and suggests it to go to State Land Bank.
The ownership over the land is of those who till it and if not used and unutilized then it must be returned to the owners or distributed amongst the project affected people. We oppose any such feature which will promote land bank, since it has promoted large scale acquisition in the past and later illegally transferred the same land to corporations for real estate and other purposes.

Retrospective Application of the Law
6. On the question of retrospective application of the R&R provisions Committee has suggested to Ministry to re-examine the issue and incorporate necessary provisions
• Ministry has not accepted it and refused to do so.
It needs to be noted that nearly 100 million people have been displaced since independence and with a dismal 17-20 percent rate of resettlement and rehabilitation we had suggested that not only the retrospective application of the provisions of the new act but a National Resettlement and Rehabilitation Commission be established to deal with the claims of the projected affected people from various projects.

Resettlement and Rehabilitation Benefits
In terms of the resettlement and rehabilitation benefits Committee apart from suggesting some cosmetic changes have accepted the provisions of the Bill, we think this is unfortunate since provisions don’t stand up to livelihood based R&R, it merely promotes the principle of cash compensation. It will be a retrogressive step since it negates the land and employment based R&R as mandated in the Narmada Water Dispute Tribunal Award, and various other projects. The proposed provisions of compensating employment with money and high rates for land acquired will only lead to speculative land market and will destroy the fragile economy of the rural hinterland which will lead to further urban migration.

Urban Eviction
The Bill and the comments by both, Standing Committee as well as MoRD almost totally excludes and have unaddressed the situation in the urban areas, where there is no land acquisition, but eviction, brutal and unjust, for any and every elitist real estate development to infrastructure without guaranteeing right to shelter, right to life and livelihood. The only provision is to compensate with 20% of developed land for land owning families in urbanisation projects, which is not with regard to the cases where land belongs to the government or private entities but people are evicted. We demand a separate section or a separate act for the millions of the urban persons and urban land from getting misappropriated. The Bill with the presently proposed content need to be called only “Rural Bill”.

The rapacious use of Land Acquisition Act 1894 by the government to secure land for ‘development’ projects has caused over 100 million people to be displaced from their land, livelihoods and shelters. The country is dotted with communities resisting State sponsored land grab which resonate the demand for a just law to ensure that there is no forced acquisition of land and resources, including minerals and ground water. The government must respond to the voices from movements across places such as Narmada, Koel Karo, Singur, Nandigram, Sonbhadra, Chindwara, Bhavnagarm, Kalinga Nagar, Kashipur, Raigarh, Srikakulam and mining areas in central India with genuine efforts to address the longstanding crisis concerning land Acquisition and resettlement & rehabilitation.

If the UPA government is serious about addressing the conflicts over the land and other natural resources then it must listen to the voices of those struggling or else it will only aggravate these conflicts all across the country. The need of growth, infrastructure and urbanisation can’t be fulfilled on the graveyard of millions. A pro-people Development Planning Bill with complete participation of the Gram Sabha will go a long way in stopping the massive corporate corruption and lead to decentralization of power having an overall impact on the politics of the country.

For more details contact : – Sangharsh, C/O, NAPM 6/6 Jangpura B, New Delhi – 110014
Madhuresh 9818905316, Shweta – 9911528696
email : action2007@gmail.com, napmindia@gmail.com

Album: Day 3

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Video: The process: Sangharsh 2010 and 2011

Video Day 3

Video

Photographs by PT George

Links to facebbook albums of PT George:

Album 1

Album 2

Album 3

Album 4