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1. Midcourse Manoeuvres: Community strategies and remedies for natural resource conflicts in India

Author:
Kanchi Kohli, Meenakshi Kapoor, Manju Menon, and Vidya Viswanathan
Publication Date:
06-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Land transformation has been at the centre of economic growth of post-colonial, Asian nation-states. While their political reforms and economic policies have focused on land governance, the outcomes have resulted in promoting privatisation and speculative business interest in ecologically sensitive landscapes that are also under diverse forms of common use by resource-dependent communities. A three-year study undertaken to understand community-level responses to land use transformation in India, Indonesia and Myanmar shows that the current scale and approach of land–intensive development in these large democracies is facilitated by fast-paced, top down policy changes. These policies are ‘stacked’ (when multiple layers of current and revoked laws are simultaneously in use) rather than integrated and their implementation is the responsibility of various authorities and agencies that overlap. Growing private investments in land that has remained within varying degrees of state control have changed the way land is managed. Land has become increasingly securitised and ‘out of bounds’ for small farmers and other land-users with or without recognised forms of ownership and use rights. Land conflicts are caused due to coercive acquisition processes or land grabs, unlawful operations of projects and long pending remedies to social and environmental impacts. In many instances, these conflicts begin even before the final decisions on projects are taken and persist for years. Highly capitalised land use change brings powerful investors and corporations, governments and local communities in unequal and precarious arrangements of negotiation and confrontation. Citizens and communities affected by land use change, use varied strategies such as administrative complaints, protests, litigation, media campaigns and political advocacy, and engage in improving project design and implementation, increase compensations, restore community access to resources and get a review on the operations of harmful projects. These are done under conditions of political intransigence and criminalisation of those who speak up. While all three countries have recognised land conflicts and their impact on development plans and proposals, they are yet to give affected people a formal and effective role in land and natural resource governance. This is the study report on India.
Topic:
Development, Privatization, Natural Resources, Business, Economic growth, Land Law, Conflict, and Land Rights
Political Geography:
South Asia, India, and Asia

2. Mapping Dilutions in a Central Law

Author:
Kanchi Kohli and Debayan Gupta
Publication Date:
09-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Even as the Joint Parliamentary Committee’s report on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) is awaited, several states have already brought about changes that severely compromise the scope of clauses related to consent, Social Impact Assessment (SIA), food security and higher compensations. These changes also restrict the applicability of the 2013 law at state level. States have executed these changes through Rules under Section 109 of the Act, or have enacted their own state level land acquisition legislations using Article 254(2) of the Constitution of India. States, which have exercised the latter option, have managed to override the provisions of the central law. In the present case this has meant doing away with the provisions of consent and Social Impact Assessment. This paper traces how, and to what extent, the provisions of the central law have been diluted by the states.
Topic:
Security, Constitution, Land Law, and Legislation
Political Geography:
South Asia, India, and Asia

3. Mapping Dilutions in a Central Law

Author:
Kanchi Kohli and Debayan Gupta
Publication Date:
08-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
For the last two years, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been in the eye of debate and discussed for the controversial changes the National Democratic Alliance (NDA) government had sought to bring about through ordinances. Even though fate of the amendments rests currently with the Joint Parliamentary Committee report, several states have already brought about changes through Rules under Section 109 of the Act. An examination of these state specific Rules reveals they are headed towards: Adopting the changes proposed in the ordinances amending the central law; Diluting the applicability of the progressive clauses like consent or SIA; Clarifying procedures for implementation at the state level. The United Progressive Alliance (UPA) government had replaced the Land Acquisition Act, 1894 with the newly enacted RFCLARR Act, 2013. Though critiqued for expanding the definition of public purpose to include the private sector, the new legislations had been welcomed by social movements, farmers groups and NGOs. This is primarily for the need for a Social Impact Assessment (SIA), the requirement for prior consent, food security provisions and clear compensation related provisions. What was also central to this discussion were the clauses which allow for unused land to be returned to original owners. The Rules framed by the States aim to make the process of land acquisition much simpler for investors. While certain States reduce the time period for the conducting of the SIA process or do away with it in its entirety, there are others who make reductions in the compensation award or modify the applicability of the retrospective clause. There are also States which directly adopt the provisions in the ordinance that aim to remove the requirement for consent from the land acquisition procedure. This working paper paper attempts to trace and analyse how the state governments have modified and built upon the central Act. It also looks briefly at litigation that has emerged especially around the applicability of the retrospective clause of the law, ie. which requires the return of unused land to original owners or reinitiating processes under the 2013 law.
Topic:
Development, Government, Law, Food Security, Land Law, and Social Policy
Political Geography:
South Asia, India, and Asia