Bhubaneswar

Adivasis, Dalits get raw deal in State rehab policy

MANAS JENA

Odisha witnesses a continued displacement process since independence and in recent times this has become a pressing issue with ramifications over the socio-economic development of the State.

During the last 60 years, there has been no political will of the Government to ensure the rights of the displaced, particularly the marginalised sections who constitute a major chunk of the displaced families.

The post 90s economic development plan of the State in line with globalisation and privatisation has initiated  a number of new projects in power, steel, coal, bauxite, and mineral sector along with SEZ,  urban expansion, infrastructure, port, highway, and communication  which are going to create huge displacement problems in near future.

Displacement is no longer a specific issue of a particular area or community as projects are coming up almost in all parts of the State from coastal to western and northern

to south.

The issue has been affecting the economic growth of the State with its ramifications on socio-economic life of the people and impacting more on the poor and socially marginalised communities of

the State.

The Hirakud dam displacement in 1946 which submerged 1, 83,000 acres of land and 350 villages is an example of Government apathy.

The resistance movements by Narmada Banchao Andholan in 1988 at national level and tribal movements in different parts of the State against mining, big dam and mega industries have substantially contributed to the understanding of issues of displacement among public.

It has been the people’s movements and resistance by affected communities, supplemented with research findings of socio-economic and environmental impact and human cost that have strongly established a point of view from the perspective of marginalised poor. These movements have provided space to the displaced people to raise their concern.

The State Government has come up with the Odisha  Resettlement and Rehabilitation (R&R) policy 2006, for families displaced and affected  by different kinds of projects such as mining, industrial, irrigation, urban projects, national parks,  sanctuaries and other projects.

In the preamble of the policy, it is said that the Government wants to ensure social justice and people’s participation in development process. There are also specific R& R policies by the Central Government- owned public sector companies like Coal India ltd.

The Rights to Fair Compensation and Transparency in land Acquisition and Rehabilitation and Resettlement Act, 2013 is the first legal and institutional effort in the country to recognize the issues of the displaced and their rights.

There has been complaint of non-implementation of laws and policies and non compliance with provisions by both the State and the companies in recognising the human rights of the people getting affected due to projects.

It has been observed that not only the State but also the corporate bodies are equally responsible to ensure proper rehabilitation and resettlement of the oustees as a matter of human rights concern.

Very recently in June 2014, the UNO’s human rights council in a historic resolution adopted the draft United Nations guiding principles on business and human rights as international legal instrument on transnational corporations and other business enterprise with respect to human rights.

This resolution has been supported by India as a member of human rights council. The project affected people in the State are not a homogeneous group; there are different economic interest groups and socially marginalised sections having different types of expectations from a project.

The land owning farmers, Adivasies and landless Dalits and others have different issues in the process of displacement.

There are also people indirectly getting affected by the projects who do not feature in the displaced or affected list for rehabilitation and resettlement.

There are families facing multiple displacements in the same area for different types of projects in the districts of Jharasuguda, Sundargarh, Koraput and Angul, where people have been displaced due to dam, coal, power and aluminum projects.

It is evident that about

80 per cent of the total families uprooted from the land of their ancestors during last 50 years are mostly Adivasis and Dalits. A majority of them are illiterate, unorganised and lack legal and political literacy to claim their rights in the existing legal framework imposed on them and also are politically invisible to bargain with

the State.

They have not been part of many of decisions of the State imposed on them in the name of development of the people. They face historical injustice when there was no such policy and laws to claim their rights as oustees.

Their rehabilitation has been left more at the mercy of the then bureaucrats who were inheritor of a British legacy in administration and feudal mindset in social life.

As a result of which the people in many parts of the State still cite injustice done to them in getting their rightful compensation in the absence of any positive practice to

be followed.

The Adivasi struggle is primarily for legal rights over resources, land, forest and water bodies, for survival and livelihood. They are also demanding for alternatives to minimise displacement, human and environmental cost, maintain eco systems, save forests, hills and water bodies linking to their belief system and cultural practices but these concerns are not being reflected anywhere in the State policy.

The policy and acts have mostly provisions for land based compensation and job where the land owning educated class can be benefited. The R&R policy is mostly fevering the land owning educated class with dominant principles of assessment without equity. A majority of land owning educated absentee land lords also support the ongoing industrialisation process to dispose their land.

There must be concern for ethics of natural resource utilization and ensuring livelihood of future generation. Almost all the dams in the State have evicted a large number of tribals. 90 per cent of the oustees of the Upper Indrabati are tribals. The tribals are struggling for their land rights and dues but in vain. A sad reminder is the Kalinganagar massacre when the administration and police did not care to shoot 12 tribals dead who were protesting illegal occupation of their land.

The tribals of Simiiguda got very less amount per acre in comparison to their counterparts in Angul for the same quantum of land in Nalco project. The landless Dalits are always in forefront of a never ending struggle against displacement and loss of natural resource based livelihood.

The R&R should be used as opportunity to rebuild the local economy and making an inclusive society with land to land less, job to unemployed and ensuring a democratic socio-economic environment. There has been no institutional arrangement for involvement of local people and marginalised sections.

The compensation advisory committee at district level headed by the district Collector and State level council on R&R headed by the Chief Minister are mostly dominated by bureaucrats and ruling parties who deliberately choose their representatives and henchmen as committee members.

The people’s movements and decent voice of local communities are not being recognised and given a chance for dialogue which became cause of  unnecessarily widening the gap between local community and administration .

The local people should have preference in getting all the advantages of the project and not just compensation for their loss.

The R&R of the displaced and affected should be integrated as part of the project with joint responsibility of the State and industries in active involvement of the local people at each stage of the project.

The concerns of the marginalised poor uprooted in the process should get space in the policy and be encouraged to raise their issues at different levels as a democratic norm.

The State R&R policy needs to be redrafted in the light of recent Central Act and by integrating many related laws relevant in the present context focusing human rights concerns of the marginalised communities.

The State should protect the vulnerable oustees, ensure their basic human rights and pave the way for democratic participation for development.

(The writer is a rights activist, who can be reached at @ojaabbsr@gmail.com)