The rural development ministry has sought the law ministry's opinion on making the National Policy on Rehabilitation 2006 justiciable after hundreds of comments poured in on the draft policy put up on the ministry's website for public comment

The Indian government plans to make the landmark National Policy on Rehabilitation 2006, announced less than a month ago, legally enforceable by introducing the final version as a bill or government order through executive instruction. This means that violations of provisions under the proposed, first-ever, national-level policy for people displaced by projects -- that's currently being circulated in draft form among the states for their feedback -- can be challenged in court.

The Cabinet will take a final decision on which course of action to follow on this when it approves the policy, meant to be a blueprint for all states to address the concerns of project-affected people. The government's move assumes significance given the current debate over special economic zones (SEZs) and land acquisition for big infrastructure projects.

The rural development ministry's land resources department has sought the law ministry's opinion on making the policy justiciable after hundreds of comments poured in on the draft policy put up on the former's website. Rural Development Minister Raghuvansh Prasad Singh says: "This kind of policy will have no meaning unless it is enforceable in a court of law."

Under the draft policy, a set of terms and conditions will apply to any future project that involves the physical displacement of 400 or more families from land in the plains of the country, to 200 or more families in tribal or hilly areas. "There needs to be clear perception, through careful quantification of the costs and benefits that accrue to society at large, of the desirability and justifiability of such projects. The adverse impacts on affected families -- economic, environmental, social and cultural -- need to be assessed in a participatory and transparent manner."

Crucially, the National Policy on Relief and Rehabilitation introduces the concept of social impact assessments (SIA) along with the current norm for environmental impact assessments. The SIA will involve public hearings on displacement-related issues, loss of livelihood, compensation and the effects on families.

Another first, this time with regard to compensation, is that for projects in tribal areas a mandatory Tribal Development Plan will include a programme for development of alternative fuel, fodder and non-timber forest produce on non-forest land within five years of the displacement.

Compensation for agricultural workers will involve at least one person in the family being given employment, or a one-time "rehab grant" equivalent to 750 days minimum agricultural wages.

Any affected family owning a house will be allotted a free house site to the extent of actual loss of area of the acquired house, but not more than 150 sq mt of land in rural areas and 75 sq mt in urban areas. Every nuclear family (husband, wife, children) will be entitled to an additional 10 sq mt of floor area.

Each affected family, if below the poverty line, will get one-time financial assistance not less than what is given under any programme for house construction by the Indian government.

Those whose entire land has been acquired may be allotted the same cultivable land to the extent of actual land loss, subject to one hectare of irrigated land and two hectares of non-irrigated land.

If it is a land development project, a site or apartment within the development project will be given to a member of the affected family. For irrigation projects, fishing rights will be given to oustees.

In the case of wasteland, one-time assistance of Rs 10,000 per hectare for land development will be provided. For cattle sheds, the amount is Rs 3,000. Traders will get Rs 10,000 towards construction of a work shed.

The draft policy mandates that in the case of people displaced by corporate projects, a fifth of the compensation will be in the form of shares in the company in question.

Source: The Indian Express, November 4, 2006
The Indian Express, October 12, 2006