Glimmer of hope on the horizon for project affected

A committee with Sharad Kulkarni of the Centre for Conscientization, Pune, as its head, has been set up earlier to prepare the draft alternative to the bill. The committee in its last meeting on drafting provisions of the alternative bill, which was named `Land acquisition Rehabilitation and Resettlement Bill’.

The NGOs have also drawn up strategies for a national campaign to make the government accept the alternative bill and ensure that the progressive features are retained. Accordingly, the copies of the alternate bill, to begin with, are being presented to 100 selected MPs, bureaucrats, ministers etc., to make them understand the provisions of the bill.

MPs will be urged to force the government to hold a debate on the land acquisition bill. A nation-wide postcard campaign has also been launched by the NCPNR, whereby millions of cards will be dashed off to the government in the next few months, urging it to look carefully into the various provisions of the alternate bill.

Talking to The Indian Express, S R Hiremath, president of NCPNR said, “The land acquisition draft bill had been approved by the Cabinet in 1998 itself but could not be introduced in the winter session of Parliament last year due to stiff opposition from different quarters in the country. The Union Ministry of Rural Development then held a meeting with the representatives of the NGOs in Delhi to consider amendments required in the bill.”

Expressing their opposition to the bill drafted by the government, NGOs said there was no provision in it to resettle and rehabilitate PAPs. The purpose for acquiring land was also not clearly defined. There was little scope to question the land acquisition process and hasten the process of acquisition. The alternate bill has addressed these problems, the NGOs claimed.

In 1998, the Vajpayee government had constituted a high-level committee under the chairmanship of K C Pant, the then Deputy Chairman of the Planning Commission to look into the ticklish issue. Later, Pant held a meeting with the NCPNR and others and it was decided to constitute a committee under Shard Kulkarni to draft an alternative bill.

According to the alternate bill, Hiremath explained, the concept of `eminent domain’ which made the government owner of all property, especially immovable property in the country, would be changed to trusteeship. The bill states that since certain resources such as air, sea, water and forests are nature’s gift to all living beings, they must be made available to everyone.

The alternate bill has also touched upon the provision of acquiring land for public purposes. Accordingly, it has been stipulated that the acquisition of land for private companies, whose sole motive was profit, cannot be covered under the principle of public purpose.

According to Hiremath, the acquisition of natural resources too has been taken into consideration. The emphasis of the alternate bill is on resettlement and rehabilitation. These aspects have to be made part of the land acquisition or else the process will be incomplete, he said.

Over the years the NGOs have taken up the challenge of preparing an amended draft of several bills. For example the NGOs prepared an amended bill, entitled `Amended Draft Forest bill 1995: voluntary organisations based on the 1994 draft government bill to replace the colonial and antiquated Indian Forest Act 1927. The government is yet to move the bill in the Parliament.

The NGOs have also prepared an alternate to the Wildlife Protection Bill. NGOs have also suggested amendment to state Panchayat Raj Acts for empowerment of Gram Sabhas. There is a concerted effort in many states including Maharashtra and Karnataka to widen the scope of constitutional law in line with, the spirit and content of the 1996 Constitutional Law-`Panchayat Extension to Scheduled Areas Act 1996′ (PESA-96). Madhya Pradesh has already extended it to non-tribal areas in a bid to empower the people. Other state governments, too, must follow suit to empower the tribals, suggested Hiremath.