The lok Sabha on Tuesday passed the contentious land Acquisition Bill with the Government slightly diluting it to accommodate varied views and concerns of the Opposition besides its allies. It introduced nine amendments — including dropping of social infrastructure from the five exempted categories, restricting industrial corridors to one km on both sides of the highways and rail tracks and providing job to at least one member of the affected family of the “farm labourer” — to the Bill.
However, it did not concede ground on the contentious “consent clause” and Social Impact Assessment (SIA). The Bill remains unchanged to these effects. The Bill, passed with voice vote in the lower House where the Government has absolute majority, seeks to make it easier to buy land for Government’s ‘development agenda’. The Opposition has criticised the legislation for the same reason (making purchase of land easier without consent) saying it would give unbridled power to the Government to acquire land for ‘private industry and corporates’. The Bill is now expected to be brought on Saturday in the Rajya Sabha, where the Government is in a minority.
The consent of farmer would now not be required by the Government to acquire land under the defined categories of national security or Defence, rural infrastructure, affordable housing, industrial corridors and infrastructure. According to the Government, the SIA will be the prerogative of State Governments. The 2013 Bill passed by the UPA had provision for the consent and SIA. The SIA provision had aimed at looking after the interests of those dependent on the purchased land and made assessment and arrangement for their secure future after a project came on their farm or land.
As a concession — social infrastructure — has been dropped from five categories in the Bill. It means that land owner’s permission would be taken before allowing land acquisition for private schools, hospitals or institutions. Dropping of exemption to “social infrastructure” projects was done to allay fears that private individuals may use this clause to open colleges and hospitals which are actually business models.
The official amendments moved included limiting the industrial corridor to one kilometre on both the sides of the highways and railway lines, compulsory employment to one member of the affected family of farm labourers, hearing and redressal of grievances at the district-level and acquisition of “bare minimum of land” for projects.
The Modi Government, however, could not bring all its allies behind it for the passage of the Bill as key ally Shiv Sena (18 MPs) abstained while one-member Swabhimani Paksha went to the extent of moving an amendment. The Congress, the Trinamool Congress, the Samajwadi Party, the RJD and the BJD walked out of the House to protest the removal of a clause that makes it mandatory to get farmers’ consent prior to the acquisition of land by the Government.
But the Government managed another ally Akali Dal, which had earlier expressed strong reservations against the Bill. Another NDA ally lok Janshakti Party also extended support to the Bill. The BJD, however, did not press for its amendments after the Government is said to have assured it of accommodating their concerns on the Mines Bill. The BJD said the Government had agreed to “explain” and “detail” the five categories, including the National Security, under which Government did not have to require consent of farmers to purchase land.
Amendments moved by other parties, including the TMC, the Congress and the left parties, were negated by voting. The Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement (Amendment) Bill- 2015, popularly known as the land Bill, was adopted after a heated debate for two days.
“Will repeat our lok Sabha act,” a senior Shiv Sena party leader said when asked what his party’s stance would be in the Rajya Sabha where the BJP ally has three MPs. Sena’s decision is significant at a time when almost the entire Opposition is ranged against the controversial legislation which the Congress and other parties are accusing to be “pro-corporate” and “anti-farmers”. The Opposition had moved 52 amendments, which were either negated or were not pressed for by the members. The Government also added two clauses to the legislation.
Arguing that the Bill should be sent to a Standing Committee, the Congress walked out of the lok Sabha. Earlier during the debate, NDA partner Akali Dal had joined hands with Opposition in resisting government’s move to do away with the consent clause in the amendments to the land acquisition Act and demanded that farmers’ permission should be mandatorily taken before acquiring their land.
Farmers’ consent should be made mandatory for acquisition of land, Ranjit Singh Brahmpura (SAD) insisted during a debate in the lok Sabha on the Bill. “Care should be taken that only barren land is acquired and not fertile land. Also, compensation must be provided at market rate. land may be acquired, but consent of farmers should be taken,” he said.Members from the Congress, the TMC and the JD(S) also attacked the Government for doing away with the consent clause and the social impact assessment in the controversial legislation.