I/III.
http://timesofindia.indiatimes.com/india/Sonia-Gandhi-writes-letter-to-Nitin-Gadkari-on-Land-Acquisition-Bill/articleshow/46712805.cms

Sonia Gandhi writes letter to Nitin Gadkari on Land Acquisition Bill
TNN | Mar 27, 2015, 12.47 PM IST

Sonia Gandhi writes letter to Nitin Gadkari on Land Acquisition Bill
TNN | Mar 27, 2015, 12.47 PM IST

NEW DELHI: Congress president Sonia Gandhi has written a letter to
Union transport and shipping minister Nitin Gadkari on the land bill
and urged the Modi government to bring back the 2013 law in totality.

In her letter, Sonia Gandhi has slammed the land bill as an "unabashed
display of half-truths".

"I urge you to rise above the realm of narrow partisan politics and
bring back the 2013 law in totality," Sonia Gandhi has written in her
letter.

Sonia said that "your proposed legislation makes a mockery of your
claim that you stand for interest of farmers".

"Your government is blatantly anti-farmer and anti-poor," Sonia Gandhi said.

"Proposition of a post-facto debate after unilateral imposition of
anti-farmer law is mockery of building partisan consesus," the
Congress president said replying in a strongly worded letter to Union
Minister Nitin Gadkari.

Chiding the government for painting those opposing its land bill as
anti-nationals, Gandhi asked the government to "rise above its
narrow-minded politics".

Hailing farmers as the "backbone" of the country, Gandhi said Congress
cannot support any law which hurts farmers, and asked the Modi
dispensation to bring back UPA's land bill in totality.

Gandhi said it was regrettable that anyone championing the cause of
distressed farmers and needy farm labourers was being branded as
"anti-national" by a "myopic Modi government bending backwards to
favour select industrialists".

She said the fundamental difference between the Congress and the BJP
is in understanding farmer's distress and loss of livelihood by
acquisition of land without safeguards.

Being pro-farmer does not mean anti-growth, she said.

READ ALSO: Nitin Gadkari writes to Sonia Gandhi, Anna Hazare for open debate

Sonia writes to Hazare, vows to oppose land bill


Faced with stiff opposition on the land bill, the Modi government had
on March 19 reached out to leaders of opposition parties, including
Sonia Gandhi, and activist Anna Hazare inviting them to an open debate
on the issue while asserting that the bill was "very much in farmers'
interest".

In a letter to Congress president Sonia Gandhi, leaders of other
opposition parties and social activist Anna Hazare, Union transport
and shipping minister Nitin Gadkari said the government was willing to
debate all aspects of the bill which is awaiting clearance in the
Rajya Sabha.

Not ruling out joint sitting if all options on land bill fail: Venkaiah

(With inputs from agencies)

II/III.
http://www.thehindu.com/news/national/land-bill-govt-terms-sonias-stand-as-mere-grandstanding/article7040390.ece

Land Bill: Govt terms Sonia's stand as mere grandstanding
PTI

The party says it was "strange" that she is defending an Act over
which many Chief Ministers of her own party had raised concerns.

The National Democratic Alliance government on Friday dismissed as
"political grandstanding" Sonia Gandhi's attack over the controversial
Land Acquisition Bill and said it was "strange" that she is defending
an Act over which many Chief Ministers of her own party had raised
concerns.

"I think it is only a political grandstanding rather than anything
else," Commere Minister Nirmala Sitharaman told reporters here while
replying to a question on Congress President's comment on the Land
Bill.

Rejecting the government's dialogue offer on the controversial bill,
Ms. Gandhi on Friday alleged that it was a mockery of the
consensus-building tradition by a "myopic" Modi regime which was
"bending backwards" to favour industrialists. The Congress chief
demanded that UPA's legislation be brought back in totality.

"It is very interesting and strange that when several of Congress' own
Chief Ministers have raised lot of concerns about that law which the
Congress President is referring to...

"Now post that, even the Finance Minister (Arun Jaitley) during a
discussion on the land bill had quoted from the letter of the then
Commerce Minister (Anand Sharma) saying that it might not encourage
investments into this country," Ms. Sitharaman said.

The Minister said the government has brought in several amendments
after taking stakeholders' views to address the concerns.

Faced with stiff opposition to the Land Bill, the government had
reached out to leaders of opposition parties, with Union Transport and
Shipping Minister Nitin Gadkari telling them that the government was
willing to have a debate on all aspects of the bill which is awaiting
clearance in the Rajya Sabha.

Government had promulgated Ordinance on land acquisition on December
31 last year. A bill to replace the Ordinance was brought to
Parliament in Budget session which started on February 23.

While the bill, providing for amending the Act of 2013, cleared Lok
Sabha earlier this month, it got stuck in Rajya Sabha with entire
opposition uniting in the House where the ruling NDA is in a minority.

Since then the Budget session has gone into recess till April 20 and
for re-promulgating the Ordinance, Parliament has to be prorogued.

III.
http://www.dnaindia.com/india/report-land-acquisition-bill-implies-deep-trouble-2072222

Land acquisition bill implies deep trouble

Friday, 27 March 2015 - 7:00am IST | Place: Mumbai | Agency: dna        |
>From the print edition
Shivani Chaudhry

Land acquisition in India has probably never been as debated, as after
the decision of the NDA government to circumvent the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act 2013 (LARR Act) with an ordinance. While the 2013 Act
was not ideal from a human rights perspective, it was an improvement
over the 1894 Act that it replaced. Massive nation-wide protests
against the ordinance, including from NDA allies, forced the
government to review it. The amended Bill passed by Lok Sabha, is
however, as unsatisfactory as the ordinance since it is essentially
the same text. By tweaking some clauses, the government wants to
convey that it has protected the rights of farmers and other
land-dependent populations. In reality, the Bill fails the test of
democracy, welfare, equality, justice - founding principles of the
Indian Constitution.

What is wrong with the Land Bill?

Misuses the principle of 'public purpose'

The 2015 Bill, like the LARR Act endorses the notion of 'eminent
domain' of the state and fails to adopt a human rights definition of
'public purpose' or indicators to determine whether a project truly
benefits and improves the well-being of all. The Bill provides
exemption from Social Impact Assessment, acquisition of irrigated
multi-cropped land and consent for five categories of projects:
national security and defence; rural infrastructure; affordable
housing; industrial corridors; and, infrastructure (including
public-private partnership projects on central government-owned land).
The obscurity of these categories, without the provision of adequate
detail, allows for wide application and misuse of 'public purpose.'
The Bills states that land for industrial corridors can be acquired up
to one kilometre on both sides - a provision that could displace and
destroy the livelihoods of thousands of small farmers across India.

Violates international human rights law, guidelines and principles

The Bill violates several international human rights laws and
principles. First is the recognition of land as a human right since it
is integral to the life, sustenance culture, and livelihood of
land-dependent populations, including farmers, agricultural workers,
pastoralists and forest-dwellers. Second is the principle of 'prior
informed consent.' The basic tenet of a democracy is that people must
have a say in decisions that directly affect their lives and
livelihoods. The Bill obliterates the need for consent for the five
categories above, thereby sanctioning land grabbing. Third is the need
for 'human rights impact assessments'. The five categories are exempt
from Social Impact Assessment to determine the effects of land
acquisition on affected families. The UN Basic Principles and
Guidelines on Development-based Evictions and Displacement, and
principles related to large-scale land acquisitions, inter alia,
mandate comprehensive impact assessments to be undertaken in advance
and stipulate procedures to be followed. Fourth is the need to adhere
to human rights standards at every stage, including resettlement. All
affected families, irrespective of the land tenure they possess, must
receive equal benefits. Fifth is the principle of 'social function of
land' that calls for equitable use of land. The redistribution of land
from the poor to the non-poor, as sanctioned in the Bill, is a
reversal of this principle. The Bill also contravenes principles of
non-discrimination, gender equality, sustainability, and
inter-generational equity.

Does not protect food security

The majority of cases of violations of the right to food are related
to the expropriation of land, forced evictions, and displacement. The
amendment in the Bill to prohibit the acquisition of multi-cropped
land is a dangerous step, and would result in dependence on food
imports and economic instability.

Does not check against misuse

The history of land acquisition in India is replete with evidence of
excess land being acquired and diverted. This is apparent in most
airport redevelopment projects. The Centre for Science and
Environment's green rating survey 2012 reveals that Indian iron and
steel plants have about 1,200 hectares of land per million tonne of
installed capacity while a well-designed plant does not need more than
200 hectares. The Bill, however, does not promote minimising land
acquisition. While it states that wasteland should be surveyed and
recorded, it does not advocate the use of this land or the need to
seek alternatives and less land-intensive inputs for industry.

The Bill also dilutes the provision of returning unused land after "a
period of five years", by inserting the words "a period specified for
setting up of any project or for five years, whichever is later." This
could promote inequality and declines in productivity.

Does not address historic injustice

The greatest paradox of India's growth paradigm is the phenomenon of
the poor subsidising the lifestyles of the rich. At least 70 million
people have been displaced for 'development' projects in India since
independence; the majority without rehabilitation. The beneficiary
population of these projects is, however, different from the displaced
population. Land is the basis of livelihood for most Indians,
especially women. The assumption that monetary compensation for land
is sufficient violates the human rights to work and to an adequate
standard of living. Furthermore, most of the affected persons are not
land-owners but share-croppers, agricultural labourers and forest
workers, including dalits and adivasis, who are never compensated.
Instead of redressing the historic injustice of forced land
acquisition, the 2015 Bill will further increase marginalisation.

Will not promote growth in GDP

Several reports highlight that obstacles to India's economic growth
include fiscal indiscipline, tax evasion, food inflation, lack of
investment in agrarian reform, and large trade and investment
deficits. Land acquisition is not the problem, but is being projected
as the panacea.

On the contrary, forced land acquisition contributes to loss of GDP by
increasing rural and urban poverty. The economic cost of displacement
to the country is significantly higher than the perceived benefits of
exclusionary industrial development. The tragedy is that India has
never documented its displaced persons or assessed the impact of the
collective loss of their livelihoods, land, housing, natural
resources, food, health, and education on the nation's economy.

It is ironic that while advocating 'Housing for All by 2022' and
increasing budgetary allocations to MNREGA, the government has passed
a Bill that will cause more rural unemployment, landlessness, and
homelessness. There is an urgent need to question the paradigm of
neoliberal growth, and instead promote holistic development through
the adoption of a human rights approach. The government should
optimise land use, develop sustainable and equitable alternatives,
promote non-land intensive industrialisation through improved
technology, and implement human rights laws.

National development and economic growth can be realised only when
there is a significant improvement in the lives of all Indians.

The Constitution of India declared India to be a sovereign, socialist,
secular, and democratic republic. While there was uproar, earlier this
year, of a government advertisement that omitted the words 'secular'
and 'socialist,' the Land Bill 2015, in effect, has deleted the word
'socialist.'

Shivani Chaudhry is Executive Director of the Housing and Land Rights
Network, Delhi
-- 
Peace Is Doable

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