Jan Sansad, Jantar
Mantar
26th-30th
November 2012
Resolutions from Day 4, 29th November 2012: Land,
Agriculture and Natural Resources
Community Right on Land, Water, Forest and Mineral Resources and
Right to Participate in Development Plans
1. Our country is gifted with abundant natural resources
such as land, water, forests, minerals etc. According to our constitution, the
people have the primary right on these resources. The main objective of
development is to fulfill the basic needs of people living in the villages,
cities and slums using these resources. Therefore the people of the villages
and cities, the democratic unit should have the primary right in establishing
developmental planning.
2. Today, in the name of development, plans for improving
the lifestyle of the upper class are
being put into implementation without considering the opinion of the local
self-governmental units. This is undemocratic and unconstitutional and is
unacceptable to us. Any action in the interest of development or public interest
should only be performed with the participation and consent of the people
living in villages and slums. If any such action is performed without the
consent of these people, we will not consider it in the interest of development
and will oppose it.
3. The displacement, which is indiscriminately being carried
out for development, is unacceptable to us. In the name of development, water,
irrigation, power, roads (highways, seaports, airports etc.), mines, farms,
forests or other public and private properties are being demolished. Even small
villages and slums are being demolished. This injustice in not only illegal but
also inhuman. Development free from demolishment is important and possible. But
this form of development is only possible by implementation of democratic and
decentralized employment of people.
4. Natural resources are the basis for our life and
livelihood. Whether it is groundwater or greenery, these resources have been
serving as the basis for livelihood for generations over the years. The human
community is consuming these resources at a very fast rate. Inequitable
environmental destruction is
unacceptable to us. Any action in the interest of development cannot be given
consent without consultation with the local communities.
5. Nowadays, the need for electricity is greatly
exaggerated by a nexus of the rich- capitalists, politicians, officials and
companies. On the basis of these exaggerated figures, schemes are being
formulated over harnessing rivers, mountains, fields etc. through large dams,
thermal power stations, nuclear power plants in a way that is destructive to
the human life. All these are symbols of a destructiveness under the pretence
of progress or development. Such schemes should not be permitted without the
consent of the local people.
6. Since independence, the various schemes for development
have displaced over 10 crore people Out
of these, only 17 % have been
rehabilitated by the government. Facilities like alternate livelihood and money
should also be made available to the devastated people. Until the process of
rehabilitation for the displaced people is not completed, any further
displacement will not be given consent, and action on any such steps will be
immediately halted.
7. The policies of liberalization and privatization will
bring about changes in the projects of development that will prove to be
beneficiary in the development of water, industrialization, mineral
exploitation and farming. There should be discussion on these policies and
every area should be reviewed state wise. Whether these matters are discussed
in the parliament or not, they will be discussed in the Jan Sansad conventions
to ensure changes to improve the lives of the people.
8. The transfer of farmlands to builders for
industrialization should be immediately stopped. To prevent unnecessary
non-farming practices, the transferred land should be used prior to the fallow
land. Ceiling of land in cities and villages should be applied as it was
applied before. The landless people, peasants and homeless people should have primary
right over their lands. The land should be acquired from the capitalists,
builders and politicians and should be distributed amongst the needful people.
The common people should have primary right over the industrial production and
the secondary right should be of the home industries i.e. village industries,
cooperative industries, small scale industries and only a few selected large
scale industries. Industries based on human resources should be given priority
over capital based industries that rely mostly on water and power.
9. The SEZ law will help the industrialists and the
capitalists to acquire land indefensibly and will not help in providing
livelihood to the poor. It will only increase the inequality between the rich
and the poor. Therefore, the SEZ law should be abandoned. Basic housing rights
should be provided to the labourers living in urban slums who help in running
the country. Their slums should not be demolished and they should be given
housing rights wherever they are settled and cooperative groups should provide
them with settlement rights.
10. While
developing cities, the larger part of the land should be reserved for housing.
Similarly, the tribal people and other backward classes, who have been doing
forest farming for years, should be given the ownership rights of the land
being used by them. That land should not be desolated and distributed to the
companies. The common people should be given legal land rights. In accordance
with the Forest Rights Law passed by the parliament in 2006, the tribal people
and other traditional forest communities should acquire right over the forests
and forest resources.
11. The
land and resources belonging to the public (barn, river, character of
pasteurized land or destroyed forestland) should be reserved for the landless
and homeless people and then distributed among them primarily.
12. The
natural resources of our country should be conserved, because they are the
basis of our livelihood. We make a resolution that we will try our best to
conserve them for the coming generations. To do so, we need to put forward a
constant struggle against the destruction of these resources using the
effective techniques. We are also committed towards leading our lives in the
right direction.
13. A
bill supporting national development planning, displacement and rehabilitation
should be passed. Nobody should be displaced against his/her will. A law of
decentralized development planning based on the principles of section 243 of
the constitution, 1996 PESA act and forest rights act 2006 should be passed. It
should also include the progressive elements of the Standing Committee of Rural
Development, which are minimum displacement and just rehabilitation. It should
be discussed amongst the affected communities, groups of farmers and movements.
14. Only
extremely important governmental purposes should demand donations from the
public. Public should not donate any money for private purposes. Forced land
acquisitions should be banned. Any plan for personal benefit termed as
beneficiary to the public is unjust and unacceptable to the people of India.
15. Our
country in full of geographical and geo-cultural variations, and every area has
its own needs for development, therefore it is important for us to have a
democratically planned land usage policy that takes care of all the variations
and needs.
16. Today,
the government has the ownership rights of the acquired lands. We believe that
only farmers should have the ownership rights over such lands and the land
should be returned to their owner after the completion of the purpose for which
it was acquired. The unused, acquired land should be distributed by the
government to the displaced families.
17. The
rivers and valleys in our country have kept the human culture and civilization
alive. Several dams are being built on these rivers in the name of power
generation projects which are being opposed by many public organizations.
Recently, after the decision of the Supreme Court of India, the government has
planned the interlinking of rivers in India. This project will destroy the
rivers and river valleys and large numbers of people will be displaced to
vacate lacs of acres of land. The project is being planned without due
consideration to the environmental problem caused apart from the economic
profit and loss. Such projects are illegal and should be immediately halted.
18. On
one hand, the backward classes are facing problem water shortage and on the
other hand the middle and upper class people are getting enormous quantities of
water. In such a situation, the government is supporting the private companies
in and helping them to get privatized, in the name of providing better
facilities to the backward class. We believe that it is the government’s moral
duty to provide physical facilities to the people, and a profiteering private
company cannot do such a job.
19. If
the purchasing of land and other resources is being done in favour of the
builders’ profit, then it is the government’s responsibility to provide the
same to the neglected class for their livelihood and decide the market value of
these resources in consideration with the condition of the neglected class. The
government and the private sectors should be bound to obey the rehabilitation
that includes market justice and the principle of competition.
20. The
framework of market valuation of land has to be negated. If it is not done, the
tribal people and the lower classes will suffer. Therefore, without any
hesitation, alternative livelihood or employment should be provided to the
people affected.
21. Without
proper consultation with people, eviction is inhuman and unconstitutional and
against the right to life and livelihood of the people. Use of police force
against the people for eviction is totally inhuman. There is no place for it in
the largest democracy in the world.
Agriculture
(1) The 2.7 lakh
farmer suicides in the past 17 years are a blot on the conscience of the
nation. They are cruel reminders that several crores of families in the farming
community are in severe distress. This crisis is being driven by the
anti-farmer policies and neglect of the government. We demand that the
governments at the Centre and states address the agrarian crisis with the
highest urgency and priority, and make that the basis of sustainable renewal of
rural economy.
(2) We demand a Farmers’ Policy with a comprehensive
framework that (a) ensures dignified livelihood for all sections of the farming
community, (b) ensures people’s rights over agricultural resources, (c)
promotes ecological sustainability, and (d) ensures safe, nutritious food for
all.
(3) The government policy should assure a minimum level of
income and dignified livelihood for all sections of farming community. We
demand a statutory permanent Farmers Income Commission with the mandate of
implementing an income assurance for all farming households – including small
farmers, tenants, agricultural workers. This is necessary for ensuring true
Food Security and Food Sovereignty.
(4) Natural resources including Land, Water, Forest and
Seed – Jal, Jangal, Beej, Zameen – should be firmly under the control of
the people who derive sustainable livelihoods from them. We oppose corporate
control of these resources and the trampling of people’s rights.
(5) We demand
comprehensive land reform that gives land to the landless. The people who are
directly engaged in agriculture should have control over land. Tenant farmers’
rights should be fully established. Non-farmers should not be allowed to
purchase agricultural land.
(6) We oppose
exclusive rights and IPRs in any form on life forms – including plants, seed,
genes and particular traits. The Seeds Bill should provide for regulation of
prices, profits and royalties in the seed sector, with powers delegated to the
state governments.
(7) We oppose Genetically Modified crops which are risky and
unsafe to health and environment and pave the way for corporate control of
agriculture. We assert that India’s food security can be ensured without
dependence on GM crops. The government should implement the unanimous
recommendations of the Parliamentary Standing Committee on Agriculture.
(8) The Biotechnology Regulatory Authority of India Bill
that is before the Parliament should be withdrawn. A National Biosafety Law
should be put in place immediately, which should govern all research and
commercial activity involving Genetic Engineering.
(9) We strongly assert that FDI in Retail and promotion of
big retail is not in the interests of the farming community. We reject this
model which promotes the control of the supply chain by a few big corporations
– ultimately displacing small and medium farmers. The government should
strengthen the hands of farmers and farmer collectives with storage, credit and
market facilities.
(10)Ecologically
Sustainable agriculture is the future of Indian farming – not only to reverse
the damage to soil, water, farm ecology and food system caused by the
high-input chemical technologies of the Green Revolution, but also to move away
from high-cost, high-risk agriculture that is unviable especially for small
farmers.
(11)The government
should implement a complete time-bound transition to ecologically sustainable
agriculture targeting the next 10 years. Toxic agri-chemicals should be phased
out, with the most hazardous pesticides being banned immediately. Rainfed
agriculture, which forms 60% of cultivated but faces severe crisis due to
government neglect, should receive special focus, giving incentives for dryland
crops such as millets, pulses and oilseeds, and establishing support systems
for livestock and protective irrigation.
Food
Security and Agricultural Land Acquisition
22. No
forcible acquisition of agricultural land, for non-agricultural purpose
including single crop and multi crop land.
·
Ministry says only multiple crop land can be
excluded.
How can the
in-between farms that may be unirrigated, rain fed, single crop be left out, we
ask. India has 75% of the agricultural land as rain fed and most of it single
cropped. Such land is mostly held by Dalits, Adivasis and marginal farms.
Protecting them and all farm land for food security, which comes not from PDS
but self sufficient agriculture, is a must!
Acquisition
for Private and PPP Projects
23. No
forcible acquisition for private projects, or for PPP, which can not to be
categorized as public purpose projects.
·
Ministry has rejected this and justified this
with a provision that consent of 80% of project affected People will be sought
before acquisition for any private projects
In this era
of neo-liberal economic reforms, private projects with corporate investment and
interests are taking a much larger toll of land and other rich natural
resources as also uprooting by killing communities which are generations old.
This must come to an end and the same can happen only with stopping the State
playing a role of facilitator and land dealer. At the cost of the livelihood of
the nature based sections and working class section of society, the state can't
transfer the most valuable livelihood resources such as land, water to the
profiteering bodies in the garb of 'public interest' and 'public
purpose'.
Bringing
16 Central Acts Under Purview of this Bill
24. The
standing committee has recommended that all 16 central acts should be brought
under the purview of the new act, to make all equal before law (Article 14 of
the Constitution).
·
Ministry of Rural Development wants to exclude
13 out of 16 Acts including Industrial Development Act, Land Acquisition
(Mines) Act, National Highways Act and others from the purview of the new act.
This means that 90% of the land acquired as on today will continue with
injustice and force used, with no change at all.
The standing
committee recommendations must be upheld to end brutal unjust acquisition for
all projects.
Role and
Consent of Gram and Basti Sabha
25.
The Committee asks
that all studies - SIA, EIA, expert committee appraisal be done in consultation
with the gram sabhas and the corresponding reports be made available to the
gram sabhas.
·
Ministry emphasises
that 80% consent of land loosers is there in case of acquisition for PPP and
private sector projects.
Consent and
direct involvement of majority of the Gram Sabhas must be there in each and
every project, including public projects for public purpose. 80% consent of the
land losers for the public - private
projects alone is not sufficient. Also, why should the linear projects be
left out? If it’s consent of 80% affected, there are to be a number of
manipulations that people will have to face. Experiences of 70% consent in Slum
Rehabilitation Scheme in Mumbai are quite telling.
Return of
Unutilised Land to farmers and Land Bank
26. The Committee recommended that
the land, if not used till 5 years, should be returned after 5 years from the
date of possession to the land owners.
·
Ministry
accepts the reduced five years time period but opposes its return to the
landowner and suggests it to go to State Land Bank.
The
ownership over the land is of those who till it and if not used and unutilized
then it must be returned to the owners or distributed amongst the project
affected people. We oppose any such feature which will promote land bank, since
it has promoted large scale acquisition in the past and later illegally
transferred the same land to corporations for real estate and other purposes.
Retrospective
Application of the Law
27. On the question of retrospective
application of the R&R provisions Committee has suggested to Ministry to
re-examine the issue and incorporate necessary provisions
·
Ministry
has not accepted it and refused to do so.
It needs to be noted that nearly
100 million people have been displaced since independence and with a dismal
17-20 percent rate of resettlement and rehabilitation we had suggested that not
only the retrospective application of the provisions of the new act but a National
Resettlement and Rehabilitation Commission be established to deal with the
claims of the projected affected people from various projects.
Resettlement and Rehabilitation
Benefits
In terms of the resettlement and
rehabilitation benefits Committee apart from suggesting some cosmetic changes
have accepted the provisions of the Bill, we think this is unfortunate since
provisions don't stand up to livelihood based R&R, it merely promotes the
principle of cash compensation. It will be a retrogressive step since it
negates the land and employment based R&R as mandated in the Narmada Water
Dispute Tribunal Award, and various other projects. The proposed provisions
of compensating employment with money and high rates for land acquired will
only lead to speculative land market and will destroy the fragile economy of the
rural hinterland which will lead to further urban migration.
Urban Eviction
The Bill and the comments by
both, Standing Committee as well as MoRD almost totally excludes and have
unaddressed the situation in the urban areas, where there is no land acquisition,
but eviction, brutal and unjust, for any and every elitist real estate
development to infrastructure without guaranteeing right to shelter, right to
life and livelihood.
The only provision is to compensate with 20% of developed land for land owning
families in urbanisation projects, which is not with regard to the cases where
land belongs to the government or private entities but people are evicted. We
demand a separate section or a separate act for the millions of the urban
persons and urban land from getting misappropriated. The Bill with the
presently proposed content need to be called only “Rural Bill”.
The rapacious use of Land
Acquisition Act 1894 by the government to secure land for ‘development’
projects has caused over 100 million people to be displaced from their land,
livelihoods and shelters. The country is dotted with communities resisting State
sponsored land grab which resonate the demand for a just law to ensure that
there is no forced acquisition of land and resources, including minerals and
ground water. The government must
respond to the voices from movements across places such as Narmada, Koel Karo,
Singur, Nandigram, Sonbhadra, Chindwara, Bhavnagarm, Kalinga Nagar, Kashipur,
Raigarh, Srikakulam and mining areas in central India with genuine efforts to
address the longstanding crisis concerning land Acquisition and resettlement
& rehabilitation.
If the UPA government is serious
about addressing the conflicts over the land and other natural resources then
it must listen to the voices of those struggling or else it will only aggravate
these conflicts all across the country. The need of growth, infrastructure and
urbanisation can’t be fulfilled on the graveyard of millions. A
pro-people Development Planning Bill with complete participation of the Gram
Sabha will go a long way in stopping the massive corporate corruption
and lead to decentralization of power having an overall impact on the
politics of the country.
