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1. Historical injustice and “Bogus” claims: Large infrastructure, conservation and forest rights in India

Author:
Kanchi Kohli
Publication Date:
06-2019
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
This essay examines the role of India’s 2006 Forest Rights Act in the procedures that regulate transfer of forest land to large infrastructure projects. Specifically, it shows the gap between the legally mandated requirements and how these are implemented in project approval processes. This is illustrated through a case study of the coal mining approvals in the Hasdeo Arand forest region in the central Indian state of Chhattisgarh. The essay also outlines the different actors who have influenced the discourses on forest rights of Adivasi and other forest dwelling communities and what they identify as factors that challenge the implementation of this law on the ground. It juxtaposes this analysis in the context of the recent decision of the Supreme Court of India on eviction of forest dwellers and examines whether that would bring in any structural change in the way the law is implemented.
Topic:
Environment, Human Rights, Infrastructure, Courts, Conservation, and Land Rights
Political Geography:
South Asia, India, and Asia

2. 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