*Sangharsh*




*Press Release: 20th November 2009*

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*Aam Janta challenge ‘Aam Aadmi’ Sarkar on *

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*Land Acquisition (Amendment) and Rehabilitation and Resettlement Bill***

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*Demand enactment of draft bill on Development, Minimum Displacement and
Rehabilitation as passed by Smt. Sonia Gandhi led National Advisory Council
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*Jantar Mantar, New Delhi: The gathering of hundreds of *farmers, small
agriculturalists, and farm workers, adivasis, fish wiorkers, labourers and
women in the National Capital echoed the voice and anguish  of thousands of
displaced people, protesting against the UPA Government’s efforts to
hurriedly pass the current version of Land Acquisition (Amendment) Bill and
Rehabilitation and Resettlement (R&R) Bill and demanding just and fair
development.



Organised by Sangharsh, a group of about 150 social and people’s movements
and groups, the National Convention against Land Acquisition, Development
and Displacement, 18th – 20th November 2009, involved people from the states
of Chhattisgarh, Jharkhand, Madhya Pradesh, Uttar Pradesh, Uttarakhand, West
Bengal, Orissa and Tamil Nadu. They were also joined by prominent leaders of
peoples’ movements like Medha Patkar from Narmada Bachao Andolan, Ashok
Choudhury (National Forum of Forest People and Forest Workers, NFFPFW),
Gautam Bandopadhyay from Nadi Ghati Morcha (Chhattisgarh), Sandhya from
Adivasi Mahila Mahasangh (Orissa), Rupam Chowdhary from Paschim Bangla
Buddhi Jibi Manch (West Bengal), Amita from Singur Krushi Zameen Bachao
Samiti, Sister Celia from Domestic Workers Union and NAPM, Karnataka, Kavita
Krishnan from CPI (ML-Liberation) and Bhupinder Singh Rawat from Jan
Sangharsh Vahini, among other supporters from the various associated
organizations and solidarity groups within Delhi.



Movement leaders reminded the Central Government that they enjoyed the
position of political authority only because of the peoples’ mandate. *They
demanded that the mandate of the people is respected and such anti-people,
anti-poor legislations not be passed or that power would be wrenched away
from them, like on previous occasions.* The aam admi of India was not to be
taken lightly and believed to be ignorant.



*On 18th November, the leadership from movements also met with Dr. C. P.
Joshi, Minister of Rural Development. Despite the fact that the Ministry’s
own Parliamentary Standing Committee Report is extremely critical of the two
bills, the Minister said that the bills had been approved by the Cabinet,
while it is public knowledge that this too was opposed by many people’s
movements, joined in by Trinamool Congress. *

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*Today afternoon, the delegation also met with Mamata Banerjee, Minster of
Railways and Jairam Ramesh Minister of Environment and Forests and submitted
a Memorandum in the office of Shishir Adhikary, Minister of State for Rural
Development. The purpose of the visit was to share the critiques of social
groups and the Parliamentary Standing Committee Report of the Ministry of
Rural Development and demand that a national level consultation be organised
the with peoples’ groups to arrive at a comprehensive and just and Land
Acquisition and Resettlement Policy*

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Several leaders representing mass movements from across the country spoke
eloquently to the gathered protesters, who are either facing unjust
displacement or have already been removed from their homes with shoddy
rehabilitation. “We know our struggle is long”, said *Ashok Choudhury of the
National Forum for Forest People and Forest Workers*, “The struggle has been
fought for hundreds of years, and will be fought for a hundred more.
However, if the government thinks that we will weaken in our resolve, then
it is sorely mistaken. The more they oppress and intimidate us, the tighter
will be our unity and the stronger our fight for our rights”. *Abani Roy,
Rajya Sabha MP and a long supporter of the basic rights of people *asserted
that “The government had sold out and so had all its departments. Our
tolerance of their exploitation has come to an end. If they continue
throwing us out of our land with violence, then we will eventually have to
respond with the same”. **

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*Sandeep Dixit, MP from New Delhi, Tarun Modul, MP from West Bengal also
addressed the dharna to give their support and solidarity to the cause of
social justice and just rehabilitation. *Sandeep Dixit, apart from opposing
the anti-poor and anti-farmer approach of certain legislation aslso
expressed his disgruntlement with the SEZ Act, which he said was inimical to
the survival of the poor. Rich corporations who set up their factories in
these SEZ areas were given a red carpet treatment – subsidised land,
electricity etc while the poor were expected to only just live but also
survive off the meagre compensation that they received.



The LAA and R&R Bill as proposed are antithetical to the legislation that
has been demanded for many years by peoples’ movements to address the
destruction of life and livelihood faced by millions of people due to
displacement for large projects – public and private. The very definition of
“public purpose”, as used as a justification to uproot people, is faulty as
it currently includes three kinds of projects: (i) Projects that are of
strategic defence purposes; (ii) Infrastructure projects – including even
mining; and (iii) Projects for ‘any other purpose useful to the general
public’ which is to be carried out by a “person”, essentially referring to *
private* *corporations, companies or private individuals*. Most importantly
the principle on which the colonial era Land Acquisition Act 1894 was based,
the Principle of Eminent Domain, is an unfortunate legacy of exploitative
colonization and thus the entire Act should be repealed and the process
started anew with national and regional level consultations with peoples’
movements, experts and other stakeholders, such as those done by the
National Advisory Committee to prepare its 2005 Draft.



Medha Patkar condemned the UPA government for its crass rejection of the
recommendations of its own Parliamentary Standing Committee which include
some of key demands from peoples’ movements too - including the repeal of
the antiquated Land Acquisition Act 1894, introduction of comprehensive new
legislation to the Parliament, rejection of the 70:30 clause which enables
the government to acquire the final 30% of land for a private project which
has already acquired 70%, rejection of the numerical benchmark for
applicability of R&R provisions, where only displacement of more than 200
families (hilly areas) or 400 families (plains) triggers the benefits of
comprehensive R&R.



*On the issue of urban displacement, Medha Patkar also said that there is no
comprehensive policy addressing tenurial rights of the urban poor, most of
whom are in the unorganized sector  and reside in slums, both authorized and
unauthorized. In the proposed LAA and R&R Bills, there has been no thought
given to urban displacement issues. The Parliamentary Standing Committee
took cognizance of the fact that the Ministry of Urban Development was not
even consulted while creating the bills. In the past, resettlement has
followed traumatic and arbitrary demolition, and has been entirely
inadequate as it disrupts the lives and livelihoods of vulnerable workers.
There is an urgent need to review the LAA and R&R Act from the point of view
of the urban poor and displaced.*



Listing the five key principles for rehabilitation legislation, the movement
representatives stated that *“**Options assessment, free and prior informed
consent of affected communities, minimum displacement, resource for resource
compensation and prior, comprehensive and just rehabilitation”* are then
only ways to avoid further civil conflict in the country.



“It is extremely cruel to the displaced masses across the country that they
need to come to Delhi and demonstrate, even to be heard. But if that is what
is required, thousands will march to Delhi and will make themselves heard.”,
concluded *Medha Patkar of the Narmada Bachao Andolan* and NAPM.



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*Madhuresh Kumar* (9818905316) & *Rajendra Ravi* (9868200316) Phones:
011-26680914/883

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