National scenario on rehabilitation and resettlement

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National Scenario on Rehabilitation and Resettlement By Rajnikant George Swati Sitakanta

Introduction- During the past 50 years or so, million of people have victims of displacement in India. @ Major new initiatives - by the government, Urban expansion, roads, railway , airport, dams, construction of major institute, industrial establishments, factories etc. @ Development projects creates several problem – # production systems are dismantled; # productive assets and income sources are lost; # cultural identity, traditional authority, and the potential for mutual help are diminished; # community structures and social networks are weakened; @ By the World Bank’s notes large dams constitute only 26.6% resulting displacement makes up 62.8% of the total no of the people displaced. (cernea 1996b).

Displacement- Development caused displacement generates varied responses from different sections of society and it also creates a differential impact on the lives of people. It is generally believed that development efforts, which does not leave majority of its people worse off and promotes health, education and income could be regarded as participatory. But most of the development projects operate in totally opposite direction where majority of the project affected families are left to fend for themselves with poorly planned, badly executed, inappropriate and inadequate rehabilitation plans.

Types of displacement- Voluntary migrants Refugees Disaster refugees Process displaced persons Displaced persons (DPs), Project affected persons (PAPs)

Displacement in pre-independence India- 1. PRE -BRITISH PERIOD: # Development induced displacement did not exist # Emperors/ kings/ Queens/ were content with building forts, places, tombs and temples: # Very few rulers built roads(Shersha Suri), irrigation canals ( Vijaynagar Emperors), Tanks . # Population was small All lands belonged to local communities Royal prerogative was enough Roads, drinking Water, Health, Education, Irrigation were all matters of philanthropy and local community initiative. Displacement was Rare

# Population was small All lands belonged to local communities Royal prerogative was enough Roads, drinking Water, Health, Education, Irrigation were all matters of philanthropy and local community initiative. Displacement was Rare 2. BRITISH PERIOD : British rulers began building Ports in Chennai, Kolkata Roads, Railways later tramways in cities During famine Canals, Navigation

Chapter –I (Preamble) Provision of public facilities or infrastructure sometimes requires the exercise of legal powers by the State under the principle of eminent domain for acquisition of private property which can lead to displacement of people

Cont.. The thrust of NPR‐2006 is towards meaningful addressal of these issues. It is acknowledged that many State governments and Central public sector undertakings/agencies either have their own resettlement and rehabilitation (R&R) policies or are in the process of formulating them. The provisions of NRP‐2006 provide the basic minimum that all projects leading to involuntary displacement must address. State governments and Central public sector undertakings/agencies are free to put in place greater benefit levels than those prescribed in NRP‐2006. The principles of this policy may apply to the rehabilitation of persons displaced due to any reason.

Chapter-II (Objective) To minimize displacement To ensure adequate rehabilitation package and speedy implementation of the rehabilitation process with the active participation of displaced persons; To ensure that special care is taken for protecting the rights of, and ensuring affirmative State action for weaker segments of society, especially members of SCs and STs and to create obligations on the State for their treatment with concern and sensitivity; To provide a better standard of living to displaced families; facilitate harmonious relationship between the Requiring Body and displaced persons through mutual cooperation.

Chapter-III(Definition) Agricultural labourer means a person normally resident in the affected zone for a period of not less than three years immediately before the declaration of the affected zone Agricultural land. Family means a person, his or her spouse, minor sons, unmarried daughters, minor brothers or unmarried sisters, father, mother and other members residing with him/her and dependent on him/her for their livelihood. Marginal farmer means a cultivator with an unirrigated land holding up to one hectare or irrigated land holding up to half hectare. Requiring Body shall mean any company, a body corporate, an institution, or any other organization for whom land is to be acquired by the Appropriate Government,

Chapter-IV(Social Impact Assessment (SIA) of Projects ) Any Requiring Body who desires to undertake a new project or expansion of an existing project,Which involves physical displacement of 400 or more families en masse in plain areas, or 200 or more families en masse in tribal or hilly areas, which is required as per existing laws, rules and guidelines to undertake environment impact assessment shall prepare a Social Impact Assessment (SIA) Report in the proforma to be prescribed simultaneously with the Environmental Impact Assessment (EIA) Report and submit it to the agency prescribed in respect of environmental impact assessment by the Ministry of Environment & Forests.

Chapter-V Appointment of Administrator and Commissioner for Resettlement and Rehabilitation and their powers & functions

Chapter-VI (Resettlement and Rehabilitation Plan ) Declaration of affected zone, Carrying out survey and census of affected persons, Assessment of government land available and to be acquired under the Land Acquisition Act, 1894 for resettlement and rehabilitation, Preparation of draft R&R plan and its final publication. Every survey shall be completed expeditiously and within a period of ninety days . Families may be settled preferably in group or groups and such sites should form a part of existing gram panchayat as far as possible.

Chapter-VII(R&R Benefits for Affected Families 150 sq. mt. of land in rural areas and 75 sq. mt. of land in urban areas. Stamp duty and other fees payable for registration shall be borne by the Requiring Body. Each khatedar shall get a one‐time financial assistance of Rs.10,000/‐ per hectare for land development. In case of allotment of agricultural land, a one‐time financial assistance of Rs.5,000/‐ per AF for agricultural production shall be given. Each affected person who is a rural artisan, small trader or self‐employed person shall get a one‐time financial assistance of Rs.10,000/‐ for construction of working shed/shop.

Contd.. R&R benefits for project affected families belonging to scheduled tribes and scheduled castes Infrastructure facilities and basic amenities to be provided at resettlement zone:

Chapter-VIII( Dispute Redressal Mechanism) In all cases where this policy applies, the State Government shall constitute a Grievance Redressal Cell under the chairpersonship of the Commissioner for Resettlement and Rehabilitation for redressal of grievances of AFs Chapter-IX ( Monitoring mechanism) The Central Government, Ministry of Rural Development, Department of Land Resources shall constitute a National Monitoring Committee, to be chaired by the Secretary, Department of Land Resources for reviewing and monitoring the progress of implementation of resettlement and rehabilitation scheme/plan relating to all cases to which this policy applies. The Committee will have the following or his nominee not below the rank of Joint Secretary as its members:

Problem after Displacement and NEP Tribal Women Below poverty line people “ Government is nothing more than a puppet of industrialists and capitalists, snatching all natural resources away from the people. On the other hand, for the multitudes-Dalits, Adivasis, agricultural workers, farmers, fish workers, artisans, forest dwellers- who have been facing the harsh reality of displacement and complete dispossession for years, there doesn't seem to be even the hope of rehabilitation now" said the frontline activist Medha Patkar.

Impact of Displacement Positive Impact ○ A few persons may experience improvement in their status by way of increasing in the size of landholdings, ○ A rise in income may occur, ○ A break in some oppressive social hierarchies may also result.

Contd… Negative impact (social, culture and economic impact) ○ Production system get dismantled ○ productive assets and income sources get lost, ○ People get relocated to environment where their productive skills may be less applicable and the competition resources greater, ○ long established residential groups get disorganized, ○ informal social network and safety nets are broken report

Dispossession in the Economic sphere Landlessness and change in land-holding pattern Joblessness and occupational shifts Homelessness Loss of access common property recourses Loss of livelihood and impoverishment Food insecurity

Loss of livelihood ,impoverishment Food insecurity and change in land-holding pattern

Dispossession faced in the social, culture, political and psychological change Social disorganisation Loss of self-esteem Loss of culture and religion Loss of political institutions Loss of psychological Impact

Dispossession in the environmental and health spheres Environmental Impact Loss of Health Tribal village Anjanwada on the banks of the Narmada

National scenario on rehabilitation and resettlement

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National scenario on rehabilitation and resettlement