GLOBALIZATION, DEVELOPMENT, AND DISPLACEMENT OF PEOPLE
INTRODUCTION
Globalization refers to the process of making different parts of the world come together to
interchange various facets of life and business. Globalization reduces the free movement of
capital, information, and people thus bringing benefits to the economy and advancement to the
society. The world starting with Silk Road is now having a way of gigantic exchange through
Globalization. It has made it possible to integrate many facets of world trade, commerce,
tourism, textile, and related sectors to gain maximum possible benefits to all stockholders. The
initial views of the proponents of globalization are that it is the most effective tool we have
which is having the capacity to make the world more prosperous (due to its multi-benefits
approach), free, and more peaceful than ever before. Displacement or relocation of people has
come to be acknowledging as among the most significant negative development project1.
1. From time to time displaced people have been forced to leave their homes and settled
elsewhere. These people are often displaced due to armed conflict, internal strife, and natural
calamities.
2. Interestingly, among all the forms of displacement, the number of development-induced
displacement is the highest and within the number of indigenous people constitute most of them.
In a fast-growing country like India, land acquisition by the government has grown due to
increasing pressure on land due to urbanization, increasing infrastructure requirements, and so
on. Human migration is the movement of people from one location to another to establish in a
new location, either permanently or temporarily (geographic region) 2. Internal migration, which
is the most common form internationally, occurs over great distances and from one country to
another. People may migrate as individuals, in family units, or large groups3.
1
LAND ACQUISITION AND DEVELOPMENT INDUCED DISPLACEMENT ...,
https://www.ili.ac.in/pdf/p6_balaji.pdf.
2
What is the movement of people out of a region or country ..., https://brainly.in/question/18104826.
3
https://www.patnauniversity.ac.in/e-content/social_sciences/geography/MAGeog72.pdf
MIGRATION AND DISPLACEMENT AS CONSEQUENCES OF GLOBALIZATION
Migration can be coined as the movement of people from one place to another voluntarily or
involuntarily. Migration (The United Nations Migration Agency) defines migrants as people
who are moving or have moved across an international border or within a state away from
their place of residence, regardless of :
o Person’s legal status
o Whether the movement is voluntary or involuntary
o What the causes for the movement are
o What the length of the stay is
DISPLACEMENT i.e., Involuntary forced migration of individuals has become recognized as
one of the most serious bad development projects. Displaced persons have been compelled to
leave their homes and settle in new places on occasion. Armed violence, civil struggle, and
natural disasters have all forced these people to from their homes. Surprisingly, among all the
types of displacement, development-induced displacement is the most common, with indigenous
people accounting for most of them. Most importantly, the government acquires land under the
doctrine of ‘eminent domain’ by citing the purpose of development and because of which
millions of people are displaced in the name of development4.
Globalization and Migration
“Globalization is truly the megatrend of our times” and its impact is being increased – although
unequally – felt in almost every region of the world. Globalization is a process, condition,
system, force, age, and the expansion and intensification of social relations and consciousness
across world time and world space.
4
Walter Kalin and Rhodri c Williams, et.al. (eds.),“Incorporating the Guiding Principles on Internal Displacement
in to Domestic Law: Issues and Challenges" Brookings Institution –University of Bern Project on Internal
Displacement, Brookings Institution (2005), Available at https://www.brookings.edu/wp-
content/uploads/2016/06/0119_internal_displacement_complete.pdf.
The boundaries between domestic matters and global affairs have become increasingly blurred
and local developments may come to have enormous global consequences 5. The term
globalization is often being used to describe this interconnectedness between the global and local
levels. There is also little doubt that globalization has harmed large groups of people within
countries (the “globalization losers”). The extent to which globalization and technological
progress will continue to have an impact on future migration trends is a source of uncertainty.
Technology and economic progress make it increasingly simple for migrants to travel
inexpensively, to learn about accessible routes, and to stay in touch with family and community
members overseas, but the level of use and absorption is difficult to evaluate. Brexit, the Trump
election, and strong anti-globalization voices in various European countries have led to
speculation that the globalization era may be coming to a sudden end or that, at a minimum,
globalization’s tempo is decelerating and its role declining.
Land rights and displacement under Indian and international legal framework
People's human rights are violated because of the phenomena of displacement, and current
human rights and humanitarian instruments will protect individuals from human rights
violations. Though the difficulties of displaced people can often be solved using existing legal
provisions, there are times when IDPs (internally displaced persons) require a unique set of legal
instruments to solve their concerns. For example, under the name of development, states
arbitrarily acquire land from people and evict them. The Indian parliament passed land
acquisition and rehabilitation laws in 2013. This legislation not only lays down the manner of
land acquisition but also provides the compressive plan for the resettlement and rehabilitation of
displaced people. In addition, there is state legislation on land acquisition in different states. "At
the international level, in 1998 the United Nation adopted a ‘Guiding Principles on Internal
Displacement6.’" (“LAND ACQUISITION AND DEVELOPMENT INDUCED
5
Migration and Globalization Forms, Patterns and Effects, https://www.bertelsmann-
stiftung.de/fileadmin/files/Faktencheck/Leaders__Dialogues/Salzburger_Trilog_2017/7_Migration_and_Globalizati
on.pdf.
6
LAND ACQUISITION AND DEVELOPMENT INDUCED DISPLACEMENT ...,
https://www.ili.ac.in/pdf/p6_balaji.pdf.
DISPLACEMENT ...”) The main objective of the guiding principles is to prevent the state from
the arbitrary displacement of people7.
Indian legal framework
In India, there are different legislations on land acquisition and rehabilitation. It includes the
Land Acquisition Act of 18948 National Rehabilitation and Resettlement Policy of 2007 9, the
Land Acquisition, Rehabilitation, and Resettlement act of 2013, and the different state
legislations on land acquisition. Among the different legislation on land acquisition and
rehabilitation, the impact of the 2013 land acquisition act, and the different state legislations on
land acquisition on development-induced displaced people are very critical.
Land Acquisition Act of 2013
The “Rights to Fair Compensation and Transparency in Land Purchase, Resettlement, and
Rehabilitation Act,” passed by India in September 2013, is historic because it addresses the issue
of displacement caused by land acquisition. Furthermore, the 2013 land acquisition statute
repeals the 1894 land acquisition act, which was predicated on forceful land acquisition by state
power. Furthermore, the 1894 statute empowers state authorities to expropriate people's land
with violence. The states in the name of ‘eminent domain principles’ acquire the land not only
for public purpose but also for a private purpose and thus acted against the interest of their
people10. Millions of people are left landless, homeless, and jobless because of the government's
approach. Apart from the foregoing, this act makes no provision for rehabilitation, resettlement,
or a long-term solution for persons who have been displaced because of forcible land acquisition.
7
Guiding Principles on Internal Displacement, 22 July 67 UN High Commissioner for Refugees (UNHCR), 998,
available at: http://www.refworld.org/docid/3c3da07f7.html
8
The Land Acquisition Act, 1894 is a British era law that governed the process of land acquisition in India until
2013; it allows the acquisition of land for public purpose by a government from individual landowners after paying a
government-determined compensation to cover losses incurred by landowners from surrendering their land to the
agency. In India, a new Act, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013, replaced this law.
9
The National Rehabilitation and Resettlement Policy of 2007 notified on 31 October 2007 available at :
http://www.prsindia.org/uploads/media/Rehabilitation%20and%20Resettlement/The_National_Rehabilitation_and_
Resettlement_Policy_2007.pdf
10
Usha Ramanathan, “Displacement and the Law”, 31 Economic and Political Weekly 1486 (1996).
The magnitude and disastrous consequences of displacement have triggered the growing
resistance by the people who are displaced by the forceful acquisition of land 11. The places like
Narmada, Sardar Sarovar in Gujarat, and Singur in West Bengal among others, became the
main opposition to the state land acquisition policy 12. The resistance by the tribal people in this
area for the defense of their land succeeded in delaying or completely abandons the state's
project. The continuance of resistance also played an important role in replacing the anarchic
land acquisition act13. The land acquisition act of 2013 has diluted most of the ruthless provisions
of the land acquisition act of 1894 and most importantly, the new act made a deliberate attempt
to put in place the building block for easily accessible land14. It includes the act’s fundamental
change is to the introduction of compulsory prior consent from the farmer for acquiring land.
Secondly, the major change in terms of replacing the administrative coercion for land acquisition
with the market transaction 15, and increased finance to those left without land or livelihood. 16
Finally, the new legislation establishes a new national institutional framework for rehabilitation
and relocation. The 2013 legislation is regarded as progressive, and people-oriented because of
these amendments. Furthermore, the land acquisition act of 2013 not only establishes new
standards for purchasing land but also requires project owners who cause displacement to resettle
displaced communities and give adequate aid and protection to these individuals. In addition, the
new land acquisition act also provides for the first time a measure of protection of the human
rights of IDPs17.
11
Id. At 1487
12
Balakrishnan Rajagopal “Limits of Law in Counter hegemonic Globalization The Indian Supreme Court and the
Narmada Valley Struggle, WORKING PAPER SERIES Centre for the Study of Law and Governance Jawaharlal
Nehru University, New Delhi, available at: http://www.jnu.ac.in/CSLG/workingPaper/04- Limits%20Law
13
Brookings “Progress in India : New Legislation to Protect Persons Internally Displaced by Developmental
Projects”, Available at: https://www.brookings.edu/blog/up-front/2013/10/21/progress-in-india-new-legislation-to-
protect-persons-internally-displaced-by-development-projects/
14
ibid
15
For at least 70 to 80 percent of the affected families.
16
LAND ACQUISITION AND DEVELOPMENT INDUCED DISPLACEMENT ...,
https://www.ili.ac.in/pdf/p6_balaji.pdf.
Institutional mechanism for rehabilitation and resettlement
It mandates the incorporation of resettlement and rehabilitation plan in each project causing
displacement. It includes imposing an obligation on the project owner to frame rehabilitation and
resettlement plan with the main project objective, design, and budget 18. In this way, this act
places responsibility on the project owner for successful recovery on the very project that
displaces people. In addition, the Act also mandates the creation of a new institution at the
national and state level for implementing the law itself 19. The other important provisions of this
act are:
The social impact assessment will be carried out by the competent specialist for each
project causing displacement. The main objective of the social impact assessment is to
determine the extent of adverse impact on all affected peoples20.
A special resettlement and rehabilitation plan will be adopted for all the families
displaced based on the report of social impact assessment21.
The act also provided a special focus on marginalized people. It includes tribal and
scheduled castes people are given specific entailment and their lands are protected
through special legal provision22.
The act also recognized the basic human right to housing for the IDPs. It includes the
development projects that will provide ownership of the house plot and house to each
family at the relocation site23.
17
1992 Supp. (3) S.C.C. 93
18
Guiding Principles on Internal Displacement, 22 July 67 UN High Commissioner for Refugees (UNHCR), 1998,
available at: http://www.refworld.org/docid/3c3da07f7.html
19
Id., s. 5 (1)
20
Id., s. 7(1)
21
Id., s.(1)(2)
22
Id.,s. 41 and 42
23
Another unique provision is that the family title to the land-plot and house will be written in the name of both
husband and wife and incase of widow or single young adult of either gender with or without spouse or children or
dependent are to be treated as a separate family with respect to entitlement.
Comparison between center and states rules
The basic requirements under the central rules for initiating the process of obtaining consent are
quite like those in the rules of various states. But an exception to the above rule the states like
Andhra Pradesh; Telangana, Tripura, and other states do not have a provision for obtaining
consent from the people for acquiring land in their land acquisition act 24. In addition,
interestingly the Gujarat state has also incorporated an amendment to their activities in line with
the amendment which was proposed by the present central government25.
International legal framework
Many different human rights legal mechanisms are available at the international level to confirm
the human rights of displaced peoples. The guiding principles are unique among these devices
because they are structured particularly for dealing with the difficulties of displaced people.
Guiding Principles on Internal Displacement
The guiding principles though they contain preventive guidelines are more relevant during the
time of people remain in displacement26. The guiding principles contain thirty articles and
relevant provision of these principles provides for the rights to have adequate housing, land, and
property in the context of displacement. The most important provisions of the guiding principles
are the guiding principle 5 stresses the responsibility of states to avoid displacement 27. It provides
all authorities and international actors shall respect for their obligation under international law
24
Mapping Dilutions in a Central Law: A Comparative Analysis of State Level Rules made under The Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013,
https://www.academia.edu/28997121/Mapping_Dilutions_in_a_Central_Law_A_Comparative_Analysis_of_State_
Level_Rules_made_under_The_Right_to_Fair_Compensation_and_Transparency_in_Land_Acquisition_Rehabilitat
ion_and_Resettlement_RFCTLARR_Act_2013
25
ibid
26
STUDIES IN TRANSNATIONAL LEGAL POLICY NO. 41, https://www.brookings.edu/wp-
content/uploads/2016/06/0119_internal_displacement_Ch15.pdf.
27
Francis M Deng “Divided Nations: The Paradox of National Responsibility,” 19: Macalester International,79
(2007)
including human rights and humanitarian law in all circumstances 28 to prevent and avoid the
condition that leads to displacement of peoples 29. Principles 7 states that before any decision
requiring the displacement of persons, the authorities shall ensure that there should be a proper
alternative arrangement explored to avoid displacement. If no alternative exists principles 7(2)
further provide that “the authorities undertaking such displacement shall ensure that the proper
accommodation is provided to the displaced persons. In addition, this principle also provides that
the authorities also must consider the safety, nutrition, health, and hygiene condition of the
displaced30. According to principle 8, “the state authorities can make sure that any form of
displacement shall not be carried out in a manner that violates the rights to life, dignity, liberty,
and security of affected31. Concerning principle 9, it states that “states are under a particular
obligation to protect against the displacement of indigenous people, minorities, peasants,
posterities and another group with a special dependency on their land 32. According to principles
15, displaced people enjoy “the rights to seek safety in another part of the country and the rights
to be protected against forcible return to or resettled in another place where their life, safety,
liberty, and health would be at risk 33. In addition, Principle 18 provides that the competent
authorities shall provide displaced persons with and ensure states access to essential food,
potable water, basic shelter, and housing without any discrimination 34. Principle 21 prohibits
inter alia arbitrary deprivation of property and possession of internally displaced persons and
state authorities should ensure that the property left behind by displaced people should be
protected against destruction, illegal appropriation, occupation, or use35. And finally, principles
28
Guiding Principles 6
29
Roberta Cohen, “The Guiding Principles on Internal Displacement: An Innovation in International Standard
Setting", 4Global Governance, 459(2004)
30
Id. at Guiding Principle 7.
31
Id. at Guiding Principle 8
32
Id. at Guiding Principle 9
33
Id. at Guiding Principle 15
34
Id. at Guiding Principle 18
35
Id. at Guiding Principle 21
28 provides that the competent authorities have the primary duty and responsibility to establish
conditions as well as provide the means which allow displaced people to return voluntarily with
dignity to their home or place of habitual residence or to resettle voluntarily in another part of the
country such authorities shall endeavor to facilitate the return or reintegration of IDPs 36. In
addition, this principle also provides that the state authorities should take special efforts to ensure
the full participation of displaced in the planning and management of their return or resettlement
and reintegration.
Other relevant legal provisions
Apart from the above provision, international law specifically recognizes the human rights to the
land of indigenous people in article 17 of the 1989 Indigenous and Tribal People Convention (No
169)37 47 and article 25 and 27 of the UN Declaration on Rights of Indigenous Peoples 38.
Despite all these provisions which are available under the existing international law scholar’s
views that international law has not yet evolved for legally recognizing the right to land as a
human right. In this circumstance, the government can take the lead by incorporating the element
of these rights which have already been widely recognized and promoted in their national law
and policies39.
DEVELOPMENTAL DISPLACEMENT IN INDIA
In this section of the paper, we'll look at how India's 50 years of planned growth have resulted in
large-scale forced evictions of vulnerable groups, with no policies in place to help them
reconstruct their lives. Most of the negative aspects of displacement, such as a lack of
36
Id.at Guiding Principle 28
37
Indigenous and Tribal Peoples Convention, 1989 (No. 169) Convention concerning Indigenous and Tribal Peoples
in Independent countries
38
United Nations Declaration on the Rights of Indigenous Peoples
39
Orchard, Phil. "Protection of Internally Displaced Persons: Soft Law as a Norm Generating Mechanism", 36
International Studies Review,281 (2010)
information, failure to prepare a comprehensive rehabilitation plan, undervaluation of
compensation and its payment in cash, failure to restore lost assets or livelihoods, traumatic and
delayed relocation, problems at relocation sites, multiple displacements, and neglect of the
special vulnerabilities of the most disadvantaged, are exacerbated by the undervaluation of
compensation and its payment in cash.40 The harnessing of the country's water resources for
irrigation and power became a major focus for policymakers after India gained independence and
adopted policies for planned development. Support for older methods based on diversion or run-
of-the-river plans waned as huge dams became more popular. Mega-dams became powerful
symbols of the reconstruction and regeneration of the shattered economy of long-suppressed
post-colonial states due to their visibility, scale, and reach.
Large storage works such as the Bhakra, the Hirakud, the Tungabhadra and the Damodar
Valley Dams were amongst the earliest projects undertaken in the post-Independence period in
the country41. Construction of high dams for hydropower generation was also taken up,
especially in peninsular India, and this included schemes such as the Machkund, Pykara, and
the Kundah hydro-electric projects.
In addition to irrigation, the national plans aimed to incorporate a multi-purpose approach to dam
projects whenever practicable, including hydropower, flood control, and navigation. In India,
about 3,300 large dams have been built in the previous 50 years. Budget allocations for big
irrigation projects outnumber those for most other sectors, including health and education, in
many state governments' yearly plans. These are significantly more than just financial resources
for creating or improving local irrigation systems. Although policymakers' enthusiasm for mega-
dam projects remains high, a large body of independent empirical research into many of these
large dams has revealed how their social, human, and environmental costs have been ignored or
grossly understated in project planning, and the expected benefits have been exaggerated 42. The
actual irrigation and electricity output of these projects has fallen far short of the level based on
which investment in the project was justified in the first place, sometimes dramatically.
40
A people savaged and drowned - Frontline, https://frontline.thehindu.com/columns/article30216684.ece#!
41
Empowerment | Displacement, https://www.im4change.org/empowerment/displacement-3279.html?pgno=5.
42
Dam Rehab | PDF | Hydroelectricity | Dam, https://www.scribd.com/document/73596706/dam-rehab.
Of the very many neglected costs of the big dams, some of the gravest is the social and human
consequences of displacement43. In this paper, we will restrict ourselves to an analysis of these
human and social impacts of displacement, and especially to those that result directly or
indirectly from the omissions or commissions of policy.44
1) Failure to be consulted and informed
It is to be expected that people who are likely to be badly affected by the projects will be
contacted and kept informed throughout the planning process, as well as during various stages of
displacement and resettlement so that they can best reconstruct their damaged lives. This, on the
other hand, is far from the case. In almost every significant project, resettles are befuddled and
confused about even the precise contours of submergence — which villages or pieces of villages
would be flooded and when. The indefensible experience of the Bargi Project on the Narmada
has been recorded, in which 70,000 villagers from 101 villages were informed that they would be
displaced.45 But when, without warning, the reservoir was filled,162 villages were submerged
displacing 114,000 people.
Again, typically ousters are rarely consulted or even informed about the phasing and content of
their rehabilitation package, their entitlements, and their choices. This is partly because of
bureaucratic lassitude and insensitivity, but as a MARG (Multiple Action Research Group, a
respected activist research group) teams find, misinformation may not always be by oversight.
The level of information that the ousters had regarding the dam, submergence, and subsequent
displacement due to them was lamentably low in all the communities visited by the MARG team
so far46. Official sources, i.e., the authorities formally required to transmit important information,
have provided little or no information to the ousters. Because other officials rarely or never
visited these communities, the locals obtained stray information about their later submersion or
43
Dam Rehab | PDF | Hydroelectricity | Dam, https://www.scribd.com/document/73596706/dam-rehab.
44
Dam Rehab | PDF | Hydroelectricity | Dam, https://www.scribd.com/document/73596706/dam-rehab.
45
The displacement due to the interlinking of the rivers ..., https://sureshe.wordpress.com/2017/09/08/the-
displacement-due-to-the-interlinking-of-the-rivers-ken-betwa-part-ii/.
46
Dam Rehab | PDF | Hydroelectricity | Dam, https://www.scribd.com/document/73596706/dam-rehab.
displacement from survey crews that had either come to take down details of their family, landed
property, etc., or lay stone markers or during site visits. In the absence of any proper information,
the ousters had guessed from looking at the stone markers, the extent of loss of land.
2) Absence of Advance and Comprehensive Planning for Rehabilitation
There is no legal obligation for state governments or project authorities to incorporate thorough
rehabilitation planning into project planning in the absence of a statutory rehabilitation law or
even a national policy. Indeed, even the existence of state and project-specific policies is
insufficient to ensure this. The so-called pari passu or incremental method, which allows land
acquisition and project building to occur concurrently with displacement and rehabilitation, has
resulted in ad hoc, fragmented, and minimalistic rehabilitation in practice. Often, project
authorities are interested mainly in the relocation rather than the rehabilitation of project-affected
persons, in their physical transference from the submergence zone rather than their long-term
welfare.
Generally, rehabilitation programs are made up by State Governments, most often as knee-jerk
reactions to expressions of the disaffection of populations on property acquired for “public
purposes,”' writes Mankodi (1984). [from Chakraborty 1986:30] Precedents establish the tone,
court orders and agitations spur government response, which is more akin to crisis management,
according to Chakraborty. Furthermore, reports in the case of the Ukai dam reveal that the
restoration policy was composed of around 20 separate resolutions issued by various ministries
of the Gujarat state government over five years. In the early 1960s, the Andhra Pradesh
government adopted a project-specific rehabilitation policy. In the case of the Nagarjunasagar
Project in 1960, the state administration stated that it was willing to assume entire responsibility
for the rehabilitation of those who had been displaced. By 1965, however, the desire for
complete recovery had waned significantly. The Andhra Pradesh government abolished the
practice of an elaborate rehabilitation approach in the cases of Pochampad in 1965 and Srisailam
in 197747. Instead, departmental memos and instructions were issued to meet the needs of the
time. Executive fiat governance offers the executive more latitude to move. However, for the
47
Dam Rehab | PDF | Hydroelectricity | Dam, https://www.scribd.com/document/73596706/dam-rehab.
potential ousters, it raises uncertainty and stress which could have been avoided if the
government at the outset had set clear guidelines covering various aspects of resettlement48.
3) Displacement
The Collins Co build Dictionary (1988) enunciates displacement as meaning: "…the forcing of
people away from the area or country where they live." According to the same dictionary,
Eviction is the "act or process of officially forcing someone to leave a house or a piece of land. 49"
The distinction between the two definitions is of some significance when one realizes that after
all displacement in India under the Land Acquisition Act amounts to "officially forcing someone
to leave a house or a piece of land" that is required for a public purpose.
Forced eviction has a political content that is more weighted than relocation, thus this is more
than a semantic issue. The ramifications for individuals who have been forced to leave their
homes and lands are particularly significant, as India is a party to the United Nations Convention
on Forced Eviction. However, in practice, displacement has been associated with a third feature,
compensation, in addition to physical removal and the use of legally sanctioned force.
Displacement differs from forcible eviction in this regard. When one examines the history of
displacement in India, however, there are several cases where the displaced have got nothing that
could be considered reasonable recompense. Even with compensation, the fact that the displaced
had no recourse to contest their eviction under the current legal environment, and that
compensation only covers the market worth of the property rather than the totality of rights lost,
makes it a case of forced eviction. While we will continue to use displacement, for the time
being, we must keep forced eviction in mind when doing so. Displaced peoples all over the
world have had to fight hard to prove the political legitimacy of displacement, as opposed to
simply the "right to resettlement" as an "issue" whose nature and breadth demands civil society
action and public policy. Displacement has been a major topic of discussion in the development
debate thanks to displaced people's protest movements. On the one hand, the government
continues to evict individuals in the name of development. On the one hand, civil society as well
as significant international and national actors such as the World Bank, Asian Development
48
Dam Rehab | PDF | Hydroelectricity | Dam, https://www.scribd.com/document/73596706/dam-rehab.
49
Eviction definition and meaning | Collins English Dictionary,
https://www.collinsdictionary.com/us/dictionary/english/eviction.
Bank, and others are putting pressure on the government.it mouths platitudes on resettlement and
rehabilitation, without so much as a National Policy on the matter. The Judiciary for its part has
been at best inconsistent and only occasionally sensitive to the issue of displacement50.
The debate on displacement has been dominated by two approaches to displacement drawn
largely from the following standpoints:
causes of displacement
outcomes of displacement
In India, displacement is regulated under the Land Acquisition Act of 1894, as revised in
1984, which establishes the legal basis for the government to seize land for public use. The
state has constantly asserted that displacement is legitimate in the national interest,
generally based on the causes of displacement. It is believed that displacement is
unavoidable in massive development initiatives, but the long-term benefits of such projects
may easily justify the sacrifice of a few for the greater good. This argument simply asserts
that because the public is interested in the displaced individuals, they are 'adequately'
rewarded to reclaim their prior levels of livelihood.
Displaced Persons Protection: Current Challenges and Future Directions
Forced eviction in the name of “development” is growing rapidly around the world and there is
no organized solution to these human rights and humanitarian crises. The protection of Displaced
People around the world is a big challenge for the world communities. In this regard, the
question before us is that how the nation and international law can guaranty the protection of the
human rights of displaced people51. The immediate remedy to this problem, in my opinion, is for
national governments to demonstrate strong political will and to effectively implement human
rights laws and regulations to assist mitigate the problem of displaced people. However, a long-
term solution to the displaced people's difficulties can be considered in the following way.
50
Development Induced Displacement of Women.pdf | Gender ...,
https://www.scribd.com/document/360764420/Development-Induced-Displacement-of-Women-pdf.
51
Shivani Chaudhry “Development-induced Displacement and Forced Evictions”
Firstly, the state authorities should define “public interest” in their national laws and any project
which is approved for public interest must meet certain specified, pre-determined criteria to
ensure that it truly is in the national interest of most of the people52.
Secondly, any project approved for a developmental purpose needs to be evaluated with certain
indicators to assess whether the project brings an overall improvement in well-being for the
people or does it result in more harm than good53.
Thirdly, the people who are directly affected by their acquiring land or natural resources should
have the right to involve in the decision-making in the management and control of such
resources54.
Fourthly, when the authorities feel that the displacement is inevitable, in those circumstances
utmost priority should be given for just and adequate rehabilitation provides immediately for
displaced people55.
Fifthly, the national authorities should strictly follow the principles of adequate ‘Consultation’
and ‘Prior Informed Consent from the people who are going to be displaced by the
developmental activities56.
Sixthly, a comprehensive social impact assessment must be conducted to determine the
appropriate compensation for the displaced peoples57.
Finally, the rights of a special vulnerable group such as indigenous people, women, and children
must be considered. These are some of the possible solutions we can think of for bringing a
solution to the problems of the displaced.
52
Id. at 643
53
Id. at 644.
54
Id. at 644
55
Id. at 644
56
Id. at 645
57
Id. at 645
Response of Indian Judiciary in the Protection of DID
In the absence of any specific law on rehabilitation, the Indian judiciary has taken a dynamic
stand and interpreted Article 21 of the Constitution of India, 1950 to provide relief to people
affected by Development induced displacement (hereinafter DID). The apex court has interpreted
the term life in Article 21 to include the right to live with dignity and life more than a mere
animal existence. In the context of DID, the judiciary has interpreted that, right to live with
dignity includes the right to rehabilitation and resettlement. In B.D. Sharma v. Union of India 58,
the court held that: “The is overarching projected benefits from the dam should not be counted as
an alibi to deprive the fundamental rights of ousters. They should be rehabilitated 59 as soon as
they are uprooted60”. Further, the court provided a time frame by which the rehabilitation must be
complete: before 6 months of submergence. Such a time limit fixed by the court was reiterated in
Narmada’s case61.
Conclusion
Countries are transitioning to a new paradigm of development that requires foreign investment in
the current neoliberal period. Unfortunately, in many parts of the world, this progress has been
accompanied by a wide range of losses. People are displaced because of development initiatives
that turn the area where people live and work into dams and industrial corridors. What's more,
there are now no rules or procedures for relief and rehabilitation that must inevitably follow
development initiatives, and government attempts to design such policies have been insufficient,
which is cause for concern. India isn't an outlier to the above rule this is because the current
government has proposed an amendment to the existing land acquisition act to weaken the
rehabilitation clause and has asked states to weaken the most important provisions in their state
land acquisition acts, such as prior informed consent, social impact assessment, and so on, to
58
1992 Supp. (3) S.C.C. 93
59
Ashok Kumar Sahay and Prabira Sethy, “Tribal Displacement and Resettlement Effective Safeguard”, 58 Social
Action 24 (Jan-Mar 2000)
60
Synopsis & List of Dates in NBA Writ Petition, July 31 ..., https://www.sabrangindia.in/article/synopsis-list-dates-
nba-writ-petition-july-31-2017.
61
Bulbul Khaitan & Nitya Priya, Rehabilitation of the Displaced Persons in India, 2 NUJS L. REV. 111(2009)
make land more easily accessible to these people. As a result, it is critical to demonstrate the
political will to build a comprehensive national policy to address the concerns of individuals who
have been displaced because of development projects.
