Chapter -1

1.0 Introduction
Beside the food and cloths, shelter is one amongst the fundamental requirements of human
being. Residential habitat supports him, sustain him and help to grow. Gradually as a basic
instinct of animal, human being also adapt with habitat. This is not only true in case of every
civilized population including tribal population and this is true about societies and
civilizations existed and known so far. Acquiesces with the habitat thus gradually become
necessary and thus become pre-requisite requirement for normal growth and development of
given society, group, community and individual too. Peaceful stay for longer duration at one
place assist the person to deepen his social link, associate him with ecology and habitat and
established relationship, acquire adoption suited to his with environment and create linkage in
the given ecological habitat. Gradually, a person and population of given territory
intermingled with each other in such an extent that identity, existence and sustainability of
person is interdependent with the piece of territory. The longer duration of residing at given
place create homogenous impact on the population which create uniformity of culture, habit,
pattern of living and everything that person enjoy while his stay, Migration, displacement
deportation, transportation, is an exceptional phenomenon known to human civilization.
However, the world has artificial fragmented boundaries of nation that changes, alter and
modify with passage of time. Similarly, climate change, natural disaster, better opportunity,
war, local issues, movements for greater autonomy, invasion, attack and identity crises forces
a population to deport from one place to another. Such event put greater impact on the
population, which are displaced and greatly influence their culture, identity, survival, and put
them to such a great hardship where such group lost their social bondage, habitat, adaptability
and identity and forced to move in the terrain where their acceptance itself become
problematic and put them to constant competing conflict for resources. This is frequently
happen in the region where political crises are at peak, the constant crises between two group
and ethnic issues are prevalent.
It is believed that the political stability bring the stability for the population living within the
territory. This helps for development and peaceful existence. However, the data also revealed
that this is myth to equate the political stability with the peaceful existence of population of
given nation. Specially, in the present context when the nation are busy with the development
Project which force the great number of population to displace. The statistics of development-
induce population in any country scratches the pretended reality and compel to think about

1
the impact assessment of development in terms of human right violation of those affected by
the developmental process and projects.

1.1 Review of Literature

In a brief lecture on "Human Rights in Constitution of India” the respected speaker tries to
highlight about the framework of social order by implementation of various laws without
which well-ordered social life would not be possible. Various philosophers of social contract
theory are of the view that object of the creation of state is to maintain and protect the rights
of individualism.
According to Aristotle, State came into existence out of basic necessities of life and continues
for the sake of good life simultaneously, Locke was of the view that end of state is to remove
the obstacles that hinder the development of an individual. Thus, the existence of the state is
recognised with the protection of rights and liberties of individual, which is the main object
of statelier. Protection of the dignity of an individual is essential for harmony in the society,
as its violation can have grave impact on individual in particular and on society in general.
Every individual is entitled to some rights that are inherent to human existence. Such rights
should not be violated on the grounds of gender, race, caste, ethnicity, religion etc. these are
called human rights.iv Human rights are also named as basic rights, fundamental rights,
natural rights or inherent rights. The concept of human right is not a new occurrence. It has
gone through various stages of development and has taken long time to become the concept
of present day. These rights had place in all ancient societies though referred by different
names, those rights are also includes civil rights, liberties and social cultural and economic
rights. The researcher also mentioned protection of human rights is a necessity for the
development and growth of an individual personality, which ultimately contributes in the
development of the nation as a whole. It is an internationally recognized issue and various
international instruments have been established for the protection of human rights.
Human Rights in India: Historical Perspective, in this article the researcher highlighted on the
history of human rights is contemporary to the development and evolution of early man. The
concept of human rights as it is understood today has evolved over the centuries ago. The
researcher also explained that the concept of human rights from a historical perspective, it
would be seen that it is neither entirely western nor so modern, rather it is the crystallization
of values that are common heritage of mankind. According to him, Kautilya in his famous
and immortal work "Arthasastra" has defined and described the human rights of war

2
prisoners. The human rights were reformed to as civil rights, political rights, personal rights,
legal rights, natural or divine rights, economic and social rights in ancient period. Hence,
there is a variety of expression, like 'inherent rights, 'natural rights', 'inalienable rights', 'basic
fundamental rights', which are interchangeable terms to express the rights that a human being
possess. The concept of human rights was first, reflected in ancient Greece and Rome, where
it was closely tied to Pre-modern natural law doctrine of Greek stoicism. The Greek idea of
divine law and freedom and the practice of Roman law are at the heart of today’s ideas of
human rights. According to him during the 18th Century, the so-called Age of Enlightenment,
a growing confidence of human reason and of course, the perfection of human affairs led it to
become more comprehensive one. At the same time John Locke in England, Montesquieu
Voltaire and Jean Jacques Rousseau in France and others supported tried to prove the
superiority of natural law. The doctrine of natural rights influenced the English, French and
American Revolutions. The researcher also mention an another live examples of England
glorious revolution 1688 and resulting Bill of Rights on 1689 as well provided rationale for
the wave of revolutionary agitation which influenced the West, most notably in North
America and France. Certain historic texts like Pennsylvania Declaration (1776) American
Declaration (1787) French Declaration (1789) reflected the intellectual milieu of the
contemporary socio-political situations spawning the struggle against political absolutism. In
the words of Maurice Cranston, a leading human rights scholar, it is evident that these
struggles took place because the absolutism promoted men to claim their rights, which were
denied to them. All those revolutions laid the foundation of human rights. In fact, Henry
David Thoreau was first philosopher to have used the term "human rights" in his treatise;
civil disobedience, which influenced Leo Tolstoy, Mahatma Gandhi and Martin Luther King
to develop and propagate the concept of non-violent resistance to unethical governmental
actions. Mahatma Gandhi said: "respect of one, equally applies to the whole universe. All
mankind in essence are alike, what is therefore possible for one is possible for everybody.”
The horrors of the Second World War led to the birth and recognition of the modern human
rights movement in the international sphere. President Roosevelt's proclamation in 1941 the
four freedoms of speech and expression, of belief, freedom from fear and want- as universally
acceptable set of standards, along with the works of NGO's were some of the significant
developments in this directions. However, it was the establishment of the United Nations in
1945, and the subsequent international concern for the commitment of human rights that
widened the scope of this movement. A cornerstone of this post war human rights regime was
the Universal Declaration of Human Rights (UDHR) that was adopted on 10 th December,
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1948, which is commonly known as “Human Rights Day”. The sources of this Declaration
owe much to the English.
V. Sharma, “Forces deploy 1 million to guard Kashmir Valley,” in this article the writer
discuss about some incidences and highlighted near about 9.5 lakh personnel from the Army,
various paramilitary units and special forces, besides the Indian Air Force, are guarding every
inch of the Kashmir Valley amid heightened tensions between India and Pakistan in the
aftermath of the scrapping of Article 370. He also mentioned While a majority of forces were
already stationed in the Valley, the Centre, in the past month, has deployed over 1.75 lakh
additional forces — which is unprecedented in the history of Jammu and Kashmir. Besides
the massive troop buildup, all the forces put together have flown in at least 100 doctors to
cater to medical emergencies among soldiers and have stocked up on medicines and rations,
which would last easily for the next three to four months. The doctors include specialists like
cardiologists, neurosurgeons, general physicians and pathologists. Several dozen vehicles
have been rented by the Jammu and Kashmir police to ferry soldiers, besides pressing into
service more military vehicles to facilitate travel in the interior areas of the Valley,
particularly in the troubled hotspots of South Kashmir. During this tenure, most shops are
shut and locals confined within the four walls of their homes, outside on the streets it is only
a sea of soldiers, covering every nook and corner of the Kashmir Valley, with officials
describing preparations as “warlike”. Top security establishment sources told this newspaper
that the biggest deployment, in terms of numbers, is that of the CRPF. In the Kashmir Valley
alone, besides the regular deployment of 60 CRPF battalions, that roughly translates into
nearly 60,000 men (each battalion has close to 1,000 personnel), the Centre had deployed an
additional 40,000 personnel, which takes the deployment of CRPF personnel to about one
lakh personnel. Likewise “About 10 battalions (10,000 men) had arrived a month ahead of
the Amarnath Yatra to sensitise the route and guard it which continued till it abruptly came to
an end, days before Centre scrapped Article 370. They have been redeployed in different
parts of the Valley. Besides, 30,000 additional troops were sent to the Valley in the days
leading to the Centre’s announcement on August 5,” a CRPF official said.
Besides the Army and the paramilitary the Jammu and Kashmir police, whose total strength
is about 83,000 personnel. While they are spread across J&K, the police too have its own
Special Operations Group (SOG), who assists in counter-insurgency operations in the Valley.
Not only these sources said that though NSG commandos have always been made available
in the Valley for operations, their strength too has been hiked in the past month in view of the
announcement made by the Centre. “Wherever required, the NSG commandos and the
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Rashtriya Rifles are working in coordination,” a senior security official said. “It looks like the
massive deployment will continue till the elections are completed here, or even beyond that.
The situation now is volatile, and by the end of October, the two UTs will formally come into
existence. Thereafter, the Centre might go in for polls. So there is uncertainty over how long
this huge deployment will remain in place,” a senior government official said. Here the
existence shows that to protect the rights of every individual the government may take
extreme efforts but simultaneously the efforts may goes against to avail some human rights.
Reason of that we cannot say that a gross human rights violation is there.
In the Human Rights Education in India the researcher triggered on another vital point of
view that is related to right to education for children under Article 21A of the Constitution by
the Eighty-Sixth Constitutional Amendment Act, 2002. He also highlighted that India thus
became one of the few countries in the world where the right to education is a fundamental
right. The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act)
guarantees the right to free and compulsory education to every child between 6 and 14. The
RTE Act, although progressive, is not accompanied either by a well laid-out implementation
mechanism of the law or by a financial memorandum. Therefore, its implementation remains
a challenge because of inadequate financial allocations and lack of effective enforcement
mechanisms. While the Act does have provisions stating that the local authority may take up
a complaint, it ignores the fact that this local authority is also an implementing functionary.
Till to date, only 17 states have prepared drafts of their state rules on the Act but are to notify
them. This paper mainly focused on Human rights education in India, constitutional
framework regarding human rights education in India
In the article, Human Rights and Ancient India the researcher highlighted various innovative
thought relating to Human Right as ancient Indians did not frame a word but the content of
current Human Rights was included in the ancient Indian education pattern in gurukul and
ashrams. Ancient India recognized the supreme value of moral education in human life. He
also highlighted about the ancient thinkers who felt that a healthy society was not possible
without morally educated individuals. To ensure education they framed an educational
scheme carefully and wisely aiming at the harmonious development of the mind and body
even moral education is one of them that bound the students and those becoming the adult to
run their life according to rules framed and provided by the gurukulas, ashramas and
societies.

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 Chapter - 2

2.1 Objectives of the Study

 To systemically analyse the law and policy promoting environmentally sustainable
development ensuring the human rights to displaced persons.
 To examine, analyse and evaluate the problems of environmental degradation for the
cause of development and the problem of protecting the interests of various
stakeholders.
 To examine judicial trend towards environment, development and Human Rights of
displaced including tribal people.
 To understand the policy of rehabilitation to protect the right to rehabilitation of
displaced persons.
 To understand the need and necessity of building constitutional theory for Right to
Rehabilitation in India as part of Right to Life and personal liberty under Article 21 of
the Indian Constitution.

2.2 Hypotheses:
 Lack of proper implementation of various schemes regarding displacement leads to
deprivation of Human Rights in general and Right to Rehabilitation in particular.
 Right to Rehabilitation of the displaced persons is seriously violated due to delay in
implementing the displacement policy.
 The speedy and just rehabilitation policy to the displaced persons is only the answer
for the protection of the human rights of the displaced persons as right to
rehabilitation is the core human right under any human rights Jurisprudence.
 The implementation of displacement policy to the displaced persons due to the land
acquired for Indira Sagar Project on Godavari River is defective.
 Delay causes hardship to the displaced people who is Right to Rehabilitation and
other Human Rights are grossly violated.
 Comprehensive scheme to address rehabilitation of displaced persons and its speedy
and just implementation is only the solution for the hardship of displaced persons

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2.3 Research Methodology
In tune with the objective of the study, I adopted non-doctrinal method for this project topic.
Where I tried to find out the source of human rights in India and tries to compare the
international instruments with our present mechanisms. I also went through various journals
books and magazines and various judicial pronouncements to find out the laws prevailing in
India. The study is evaluated based on reviewing various articles and books as well as
primary sources are used to find out the outcome. Non-Doctrinal analysis is the key tool used
to evaluate and analyse the thought relating to Human rights in India. Apart from analytical
and historical methods, I adopted socio legal research also.

2.4 Plan of the Study

For a thematic development, the study is organised into the following chapters.
I. Introduction
II. Right to Rehabilitation-Human Rights Perspectives
III. Environment as a basic Human and Fundamental Right.
IV. Development and Legal Order.
V. Right to Rehabilitation - Law and Policy Perspective
VI. Analysis, Suggestions, and Conclusion.

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 Chapter - 3

3.0 Meaning of Human Rights

Human Rights are those minimal rights, which every individual must have against the state or
other public authority by virtue of his being a 'member of the human family' irrespective of
any other consideration. Though the concept of human rights is as old as the ancient doctrine
of 'natural rights' founded on natural law, the expression 'human rights' is of recent origin,
emerging from, post Second World War international charters and conventions. Number of
Western scholars gives some other definitions of human rights. Fiber Macham defines human
rights as 'universal and irrevocable elements in a scheme of justice.

3.1 Definition, Nature and Scope of Human Rights in India

Human beings should be treated as human beings. "Dignity of human being is the core of
human rights." The Protection of Human Rights Act, 1993 defines human rights as. "The
rights relating to life, liberty, equality and dignity of the individual guaranteed by the
Constitution are embodied in the international covenants and enforceable by courts in India".

3.2 Three Generations of Human Rights

In the writings of Karel Vasak the human rights can be classified into three generations. The
first generation of human rights includes the traditional civil and political protections, which
in large part call for a negative obligation on governments to desist from interfering with the
exercise of individual liberties. The Second generation of rights contains the more recently
recognized economic, social and cultural rights, which place a more positive duty on
governments to act in order to ensure rationalization of these rights.

3.3 Right to Development as a Third Generation Right

The Second World War seriously brought about not only the awareness, but also a kind of
sensation in the human destiny and 'the agonies inflicted on the mankind by Nazism and
Fascisms'. The atmosphere of insecurity, discrimination and unjust socio-economic
conditions of man prevailed both at the National and International levels, as a result of which
mankind was very much in quest of peace, harmony and security in the human life through
universal commitments.

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3.4 Globalization and its impact on Human Rights
The Human Development Report of South Asia 2001 has defined globalization as the free
movement of goods, services, people and information across national boundaries. It creates
and in turn, is derived by an integrated global economy, which influence both economic as
well as social relations within and across countries. The opening up of the economy increases
competition internationally as well as nationally, leads to structural changes in the economy,
alters consumer preferences, life styles and demands of citizens.

3.5 Globalization - unavoidable for global justice

Globalization is now a reality after two decades. The U.S. once the loudest champion of
globalization has begun to have doubts about it because employment of its work force is
being taken away by countries situated far away from its shores, its once almighty' dollar is
losing its strength and shine, and its global economic supremacy is being challenged. It would
appear that China, once a tightly closed economy has emerged as the greatest beneficiary of
opening up to the rest of the world, especially to its onetime bitter enemy.

3.6 Problem of Human Rights in the Context of Globalization and

Development:
Globalization has its impact on Human rights as there is a shift from social democracy to
liberal democracy for the last 25 years in India or elsewhere. Presently most of the countries
including India are very conscious of the crises of in governability. To adopt to the new
structure of the societies, governments have chosen to delegalise and deregulate and often
transfer most of the state’s dominant sphere to the private. The old sovereign states shrink
largely in the process of globalization. This gives a picture of diminishing state.

3.7 Importance of Human Rights In The Present Day World:

The Human Development Index is the new measure of development recognized in 1990. That
is why the 21st Century is considered the century of knowledge. Economics of knowledge is
the scientific study improving governance through human development and therefore it
assumes great significance. Today knowledge has come to be identified not only as a
significant form of wealth but also as power. Eradication of poverty is the most effective tool

9
for empowerment and human development. Human rights Jurisprudence also include all so
the component of obligations towards others.

3.8 The Human Dignity quintessence to human rights:

The Indian Constitution was framed in November 26, 1949 and came into force on
26-1-1950. Since then it has been amended a number of times to keep it in conformity with
the changing trends in the society consequent on developments that take place in the field of
science and technology and new insights gained into the various other branches by the human
genius. Human dignity is the quintessence of human rights. It is the wide comprehension of
this aspect and appreciation of the aptitude of dignity of the individual "All human rights for
all", and the world is one family are concepts that have depended on the expanded meaning
of human rights. Here right to rehabilitation is to be understood a part of Art 21 of the Indian
Constitution.

3.9 Agenda for the Twenty First Century:

(a) Mainly seven essential freedoms
1. Freedom from discrimination by gender race, ethnicity, national origin or religion.
2. Freedom from want and freedom of enjoyment of a decent standard of living.
3. Freedom from fear of threats to personal security, from torture, arbitrary arrest and other
violated acts.
The 1995 Human Development Report points out four essential components of Human
Development- Productivity, Equity, Sustainability and Empowerment. See UN Human
Development Report 1995.
4. Freedom to develop and realize one's potential.
5. Freedom from injustice.
6. Freedom of thought and speech and freedom to participate in decision-making and to form
associations.

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 Chapter – 4

4.0 RIGHT TO REHABILIATION - HUMAN RIGHTS PERSPECTIVE

The constitution confers on the individual certain basic rights enforceable against the state. It
can perhaps be best described as a document which, while upholding and protecting
individual interest in the form of fundamental rights guaranteed against the state, envisages a
positive role for it in ensuring realization of these basic rights by every individual. In other
words, the fact that an individual has a right would mean the state has a duty not to interfere
with it.
Thus, the constitution aims at the creation of new legal norms, social philosophy and
economic values which are to be effected by striking synthesis, harmony and fundamental
adjustment between individual rights and social interests to achieve the desired community
goals. More over constitutional morality would mean an effective coordination between
conflicting interest of different people and the administrative cooperation to resolve them
amicably without any confrontation amongst the various groups working for the realization of
their ends at any cost.

4.1 Natural Law and Human Rights

The natural law theorists were the earliest exponents of the concept of rights. The Natural
Rights of the man are the most celebrated of the contributions that natural law theorists made
to the Jurisprudence of Rights for the benefit of posterity. Since 1945, we have witnessed a
"human rights revolution", as the idea of universal human rights has diffused around the
world, and become one of the main standards for evaluating the institutions and behaviour of
states. Since 1990, we have also witnessed a "minority rights revolution", as traditional
human rights standards are now being supplemented with a range of international
conventions and declarations that articulate the rights of ethno cultural minorities and
indigenous people. This has been a controversial trend. For proponents, the idea of minority
rights is a natural and indeed inevitable extension of the logic of human rights, based on the
same principles of equality.
(A) Arguments of Dworkin
This argument allows Dworkin to make some important distinctions: - Natural vs.
constructive conceptions of justice:

11
- Natural model: theories of justice describe an objective moral reality. They are not created,
but discovered through the use of moral faculties. - Constructive model: principles of justice
may not have a fixed, objective experience.
Government officials have a responsibility to fit the particular judgments on which they act
into a coherent program of action. Theories produced on the constructive model may be
either goal- based, right-based, or duty based depending on what they take as fundamental.
The individual is central to both rights-based and duty-based theories, but in different ways.
"Duty-based theories are concerned with the moral quality of his acts, because they suppose
that it is wrong, without more, for an individual to meet certain standards of behavior".
Rights based theories value independence rather than conformity; codes of conduct are only
valuable if necessary to protect the rights of others.
(B) Natural Vs Legal rights: Assuming "a man has a particular moral right against
Government, that right survives contrary legislation or adjudication". Only 3 possible
justifications for a policy limiting the definition of a particular right:
1) show that the values protected by the original right are not really at stake;
2) show that a competing right (of another individual — not just the demands of a majority of
society) would be violated;
3) show that the cost to society of not limiting the right would be far greater than the cost
paid initially to grant the right.
It is especially important to "take rights seriously" when society is divided, because they
serve as the majority's promise to the minority that their dignity and equality will be
respected.
(C) Human Rights for the Legitimacy to Political Regimes
The greatest problem of the human race, to the situation of which nature drives man is the
achievement of a Universal civic society which administers law among men. Man’s dignity
and brusqueness lie in his capacity to use reason. According to Plato, justice is a concept
according to which one should perform one's vocation Aristotle understands Justice as sum of
all virtues. Stoics and Roman legal system further refined the natural law thought of reason,
justice and equality. Following David Hume, Kant introduced transcendental method wherein
reasoning came to mean the cognition of mind with perfect freedom. Kant's basic treat in this
field of practical reason is freedom of human volition.
Free human volition is not just a faculty of desire but rather the faculty of desire governed by
reason of the subject before the choice is made. It is in this sense human will is called free
will. Categorical imperative which is supreme principle of presuppositions governs the
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operation of free willing individual. The free willing individual with dignity, respect and
development of personality of the individual has added many new rights in the form of
Human Rights in the present day legal philosophy.

4.2 Human Rights Vs Human Capabilities

UTILITARIANISM, INSPIRED by British philosopher Jeremy Bentham, political
liberalism, inspired by the American political philosopher John Rawls, are two major
philosophical trends in the contemporary political philosophy. Utilitarianism looks at
pleasure, happiness and fulfillment of desires, and seeks to maximize happiness of the
greatest number of the people in society. For example, developmental activities such as
constructing huge dams, establishing huge power projects or engaging in large scale
deforestation, and promoting privatization and economic liberalization, be justified by the
utilitarian principle of maximizing happiness of large number of people by providing more
irrigation facilities, more food production, more power supply, more housing colonies, more
water supply, and improving overall quality of lives of the people. A utilitarian would easily
tolerate the miseries and deprivations caused to those who have been displaced or ousted by
these mega projects or have been disadvantaged by the power of multinational corporations
so long as these measures are designed to bring overall happiness and maximize common
good.
Law and policy regarding Right to Environment, right to Development, right to
Rehabilitation and Problem of Displacement are to be understood in the light of above
discussion.

4.3 Human Rights under the Indian Constitution.

In Indian Constitution Preamble, Fundamental Rights and Directive Principles of State Policy
combined promote the human rights jurisprudence.
Even though, the Indian Constitution has been considered as federal in nature, it is the only
constitution in the country. There are no state constitutions. Therefore, for all practical
purposes, the Indian Constitution is the supreme law of the land. One of the unique features
of the Constitution is enumeration of many human rights in the form of Fundamental Rights
and Directive Principles of State Policy. The basic difference between the Fundamental
Rights and the Directive Principles of State Policy is that the former are justiciable human
rights in the nature of civil and political rights and the latter are non-justiciable human rights

13
in the nature of Economic, Social and Cultural Rights. Another major difference is that the
Fundamental Rights constitute limitations on State power, so that if any of these rights is
transgressed by any organ of the state, the individual may enforce it against the State by
means of judicial remedies offered by the Constitution. On the other hand, the Directive
Principles of State Policy in the nature of economic, social or cultural rights, impose a
positive duty to promote the welfare of the people by changing the economic and social
order, where that is necessary in the interests of those who need protection; nevertheless, the
individual who feels aggrieved because of the State to secure these rights to him at a given
point of time, cannot take recourse to a court of law to compel the State to take such
legislative or executive action, as may be necessary to ensure the desired change.
The Fundamental Rights contained in Part III of the Indian Constitution can be grouped under
several sub-heads, viz., (i) Right to Equality (ii) Right to Freedom (iii) Right against
Exploitation (iv) Right to freedom of religion (v) Cultural and Educational Rights (vi) Right
to Constitutional Remedies
An analysis of the violation of human rights world over and particularly in India shows that
there are number of vulnerable groups in the society whose human rights are frequently
violated. These vulnerable groups include women, children, scheduled castes and scheduled
tribes, prisoners, refugees, aged, disabled persons, sex workers, HIV/AIDS infected and
sexual minorities etc. Among these groups the state has shown special interest mostly in the
case of Dalit’s, minorities, children and women. This special interest is due to various
sociological, religious, socio-economic and other factors. The constitutional provisions also
played an important role in such prioritization.
It is pertinent to note that a number of human rights have been recognized as part of
fundamental rights by the judiciary in India due to the judicial activism, mostly after 1980.
They can be called the unremunerated human rights considered as implicit part of the
enumerated human rights in the form of fundamental rights. They are the right to privacy',
right to speedy trial, right against illegal detention, right to health, right against cruel and
inhuman punishment, right to pollution free environment, right against These are the
enumerated human rights, specifically recognized and guaranteed by the framers of the
Constitution. They can be further sub- classified into two categories viz., (i) those available to
citizens only e.g.: Rights contained in Art. 15 & 16,8 Art. 19 and Art. 29(2)10 (ii) those rights
which are available to 'persons' i.e., to citizens as well as non-citizens e.g., equality before
law and equal protection of laws", right to life and personal liberty'2 and the right to freedom
of religion etc. Yet, another classification of the enumerated human rights could be (i) those
14
fundamental rights which can be enforced against the State only e.g. Rights contained in Art.
14, 15(1), 16, 18(1); 19 and Art. 20 and 21 etc. and (ii) those which can be enforced against
private citizens also e.g. Rights contained in Art. 15(2), 17, 18(2), 23(1) and 24 etc. Bonded
labour, right to safe drinking water etc. This list is only illustrative in nature and not
exhaustive.
It is pertinent to mention here that the Apex Court in the decision of D.K. Basu V. State of
West Bengal has reviewed the entire situation in the country relating to the violation of
human rights of persons, particularly by the police while arresting and keeping them in
detention and producing before the courts. Responding to the same resulting in inhume
torture of the arrested by the police leading to custodial deaths in some cases, the Supreme
Court laid down guidelines and issued many directions to be followed in all cases of arrest or
detention till legal provisions are made in that behalf as preventive measures.
The Supreme Court however realized that in spite of clear observations of the court that the
concerned official, who fails to comply with the above requirements shall be liable not only
for departmental action and prosecution but also for punishment for contempt of court, the
guidelines were not implemented in many states. Consequently, the Supreme Court was
constrained to issue an order,' which inter alia stated that the task of The martial view that
Part III of the Constitution gives an exhaustive list of fundamental rights has been departed
from, by the Supreme Court by propounding the theory of emanation, following the example
of the American Supreme Court. 1 It means that, even though a right is not specifically
mentioned in Part III, it may still be regarded as a fundamental right, if it can be regarded as
an integral part of an enumerated fundamental right. In other words, it emanates from a
named fundamental right or its existence is necessary in order to make the exercise of a
harmed fundamental right meaningful and effective. According to this theory, the Supreme
Court has interpreted many Directive Principles of State Policy fundamental rights in a
number of cases. To name a, right to health, right to education, right to environment and right
to minimum wages etc. However it has to renumbered that the effectiveness of the protection
of human rights is dependent only in part on the rights and liberties of States. implementation
of the 11 guidelines spelt out in D.K. Basu's case be entrusted to the Human Rights
Commissions constituted in various States/Union Territories and in those States/Union
Territories where Human Rights Commissions have not been set up, the Chief Justices of the
concerned High Courts should constitute a Committee for the same.

15
 Chapter – 5

5.0 ENVIRONMENT AS A BASIC HUMAN AND FUNDAMENTAL RIGHT

The last few decades of the 20th century witnessed huge developments in the modem
environmentalist movement. It was Renaissance, which had conceived the foundations of the
Industrial Revolution. But it was only in the 1970s that popular concern about the mass
environmental dehydration at global level was reflected through studies carried out and
documented by scientists. However, mere knowledge of the environmental problems cannot
lead to the presumption that individuals or governments would do anything about them. It is
now universally acknowledged that in order to comprehend environmental problems, one has
to have a know-how of socio-economic, political, legal and other such processes and thus
ensure and establish environmentally sustainable development.
It is very unlikely for human societies to remain static, so, the 'needs' of the societies keep on
shifting. In such circumstances, sustainable development acts as a large bridge between
environmental, economic and social sustainability. The law is closely associated with all of
the aforesaid aspects of sustainability.

5.1 The Right to Environment as a Social right

The right to environment following international law jurisprudence flowing from the
Stockholm Conference has been recognised as part of the right to life. "The move signifies a
fundamental shift in the understanding of environmental issues because the only provisions in
the Indian Constitution at that point of time were fundamental duties of citizens, which was
now being formulated as a fundamental right against the State. This shift in understanding
also brings to light the fact that economic and social rights are interlinked to the issue of
environment. This also highlights the fact that the State's role does not end with making fair
laws and that there is an additional burden on the State to seek environmental justice. This
environmental justice has to be understood in the terms of social justice as envisaged in the
Constitution, as the State will be neglecting its role towards social justice if it adopts a
traditional role of protecting national economy in an era of globalization. The traditional
argument with regard to environment is development versus environment, but now it has
been replaced by the concept of sustainable development, which has a focus on development
with a human face i.e. development must not be at the cost of human suffering.

16
5.2 Environment - Law and Policy in India
In modern India, Environmental Jurisprudence has gone a long way in acquiring a very
seminal importance leaving behind the engraved British Juristic notions as outdated and
insufficient. The damage caused to environment by poisonous gases and emissions, industrial
effluents, urban sewage, garbage, plastic waste, chemicals, exploitation of natural resources
like soil, forests, water supplemented by other equally important factors like poverty,
growing population, health hazards, degeneration in quality of life have acquired alarming
proportions which cry for a new environmental ethic, order and justice in Indian society'.

5.3 Right to Clean Environment - Constitution and Legal Protection

The Constitution of India under Articles 32 and 226 empowers the Supreme Court and the
High Courts, to issue directions or orders or writs, in case of violation of fundamental rights.
The High Courts and The Supreme Court of India have read the right to a wholesome
environment as a part of the right to life guaranteed in Article 21 of the Constitution of India.
In the Dehradun Quarrying case, though the orders did not articulate the fundamental right to
a clean and healthy environment, the petition was treated as a writ under Article 32, which
implied that the court was seeing this right in the light of a fundamental right.

5.4 Global Concern to Environment

There is worldwide concern about the problems relating to environment which have reached
a level that right have short term a long term repercussion could be short term or long term.
This consensus is visible across developed, developing and even underdeveloped countries.
Over the past three decades there has been a rapid increase in the enactment of environmental
laws and the establishment of regulatory agencies.
Recent global concerns in relation with the environment rest on the paradigm that
environmental modification has reached a point where wellbeing of current and future
generations is threatened. Consequently, a consensus is developing around the idea that the
direct and incidental impact of economic activities on the environment has to be brought
under control. Societies across the globe face the challenge of dealing with the increasing
losses from natural technological and environmental hazards.

17
5.5 Need to balance between development and environment
Today we are in a world which is progressing at a very fast pace. Development has no bounds
and technology is changing every now and then. Life has become complex and busy. Man
utilizes nature's resources for his selfish development. The world today is gloomed in the
darkest anxiety of development. Today, we hardly have rains, instead, we face floods and
droughts, instead of fertile soil we are left with the problem of soil erosion and such other
problems, all these because of the activities of man to attain his selfish desire. It is true that
human societies cannot remain static and the aspirations and expectations that comprise a part
of the needs constantly shift, but that development should not be for some or a few rather it
should be for the wholesome development of all.

5.6 Sustainable Development - A balance among conflicting Interests in advancing

Human Rights
Sustainable Development means 'development that meets the needs of the present without
compromising the ability of the future generations to meet their own needs'. The Supreme
Court has recognized the principle of sustainable development as a basis for balancing
ecological imperatives with developmental goals. In Narmada Bachao Andolan vs. Union of
India it was observed that "Sustainable development means what type or extent of
development can take place, which can be sustained by nature/ecology with or without
mitigation.

5.7 No Fault Liability A new Perspective of Environmental Jurisprudence

The Oelum Gas leak case judgment is a historic one in the field of environmental justice. The
Supreme Court besides laying down substantial principles of law, embarked upon some
important questions of law and policy. The Supreme Court on the first hand laid down that it
has power to order payment of compensation for a proved infringement of Fundamental
Rights under Article 21 (in matters of environmental pollution) though it has to be exercised
in exceptional circumstances. Secondly, the judgment opened a new frontier in the Indian
jurisprudence by introducing a new no fault liability standard (absolute liability) for
industries engaged in hazardous activities. The new standard makes hazardous industries
absolutely liable for the harm resulting from its activities. Of toxic gas, the enterprise is
strictly and absolutely liable to compensate all those who are affected by the accident and
such liability is not subject to any of the exceptions which operates vis-a-vis the tortious
principle of strict liability.
18
5.8 Role of Judiciary in Environmental Protection
Maintaining a balance between the necessity to preserve the environment and need of the
society for the socio-economic development is the approach of the Indian judiciary in
environmental cases. The Supreme Court in its activist approach laid down the following
principles to promote environment with sustainable development.

5.9 New environmental rights: Access to basic amenities

In APFCB V. M. V Nayudup the court ruled, "Drinking water is of primary importance in any
country. In fact, India is a party to the resolution of the UNO passed during the United
Nations Water Conference in 1977 as under: All people, whatever their stage of development
and their social and economic conditions, have the right to have access to drinking water in
quantum and of a quality equal to their basic needs."
Thus, the right to access to drinking water is fundamental to life and there is a duty on the
State under Article 21 to provide clean drinking water to its citizens. Referring to the
Narmada case the court observed: Thus, from understanding the right to environment as an
integral component of the right to life, the Indian Supreme Court has further developed it into
a bundle of rights including the right to sustainable development, the right to clean air, the
right to clean water and the rights against hazardous wastes.

5.10 Problems and Solutions

As discussed above people's participation should be increased with respect to environmental
management as the citizen is the ultimate beneficiary of the nature. So, the people need to be
educated, trained and made vigilant. In this respect there are a few problems that are faced,
like :-
(1) Problem of creating awareness and improving participation.
(2) Efficient implementation.
(3) Accountability: Who should be held accountable?
(4) What should be considered as unsustainable within the realms of statutes in order to hold
someone accountable?
Solution
It is known that in a democracy, people elect their representative from their respective
constituencies. It is therefore believed that people follow their representative. The
representative should try to spread knowledge about the environmental issues, discuss them
with public and bring them before the Government. The Government should also promote
19
such education at school level involving all students, parents and the staff encouraging them
to plant more trees in their neighborhood and make them more vigilant. Holding more
environmental clinics, where people from different communities would meet and discuss
environmental issues with each other and thus in this way we can have more of people's
participation. Government should also initiate frequent cleanliness drives and as much youth
participation as possible should be encouraged in such drives.
The problem relating to implementation may be taken by the administrative agencies that are
responsible to implement the legislations.
They should strictly follow the legislations as well as the directions, which are issued by the
apex court and other courts from time to time. They should not give any relaxation to any
business concern to misuse the environment at any cost.
But the two unresolved questions that need an answer are what activities are unsustainable
and who should be held accountable to what extent.
Finally, the following should be taken into consideration to strengthen the movement for
better environmental governance—
(1) Effective sustainable development governance at all levels is the key to the realization of
the goals of sustainable development. To achieve these goals and to meet the emerging
challenges, the sustainable development governance architecture needs to be strengthened at
the international, regional and national levels, as these are inextricably linked and mutually
dependent.
(2) We should ensure coherence and policy integration in the economic, social and
environmental fields.
(3) Strengthen implementation, monitoring and accountability.
(4) Enhancing participation.
(5) Strengthening National capacities.
It may be said that every individual cannot have absolutely similar needs in this world
although the needs may be classified under a few specific and broad categories. The needs of
the people being different, everyone has his own perception of "sustainable development".
This individual yet collective perception of the society makes the matter of personal
importance to the society and therefore falls in the periphery of human rights. In
Constitutional parlance, the need for sustainable development may be termed as the
fundamental right of every individual as falling under right to healthy and respectable life in
terms of physical, mental, economic and social existence. We need to check our activities and
try to bring in a balance in environmental protection. It is also seen that people's participation
20
is of paramount importance so adequate and appropriate education and awareness
programmers should be introduced in order to bring about regional cooperation and a global
understanding of the enviro-jurisprudential predicament.
Thus, the goals of economic and social development must be defined in terms of
sustainability in all countries. The concept does not imply absolute limits to growth and it is
not a new name of environmental protection. It is a new concept of economic impact
Assessment. It is a process of change in which economic and fiscal policies, trade and foreign
policies, energy, agriculture and industrial policies all aim to induce development paths that
are economically, socially and ecologically sustainable.
Thus environmental jurisprudence, envisages interdependence and coexistence between man
and nature and between living and non-living life systems. The Indians Supreme Court also
followed the internationally accepted measures while protecting and promoting
environmentally sustainable development. As the Rio Declaration Links Environment with
Human Right so the Courts have proclaimed a pollution free healthy environment as issue of
human right as well as of fundamental right under Article 21 to be protected and enforced in
the management of environmental justice.
To project and promote environmentally sustainable development in India the following
suggestions are made at national and regional level.
1. Grass root institutions should be developed.
2. People should be a part of the developmental process.
3. Developmental priorities with due concern to the basic needs should be identified by a
balanced group of environmentalists, economists and scientists.
4. The existing legislative schemes and developmental policies should be reviewed and
blended into a workable scheme by overcoming mutual contradictions.
5. A long range approach is needed in the adoption of any economic policy.
6. Legislations should be prevention-oriented.
7. Technology, being the source of weak bargaining capacity of the developing countries,
should be given due attention.
8. Environmental awareness needs to be created at all the levels.
9. New green revolution through Biotechnology should be encouraged.
10. Mining, nuclearisation and construction of large dams are inevitable for development.
Ecologically fragile and biologically rich areas should be avoided for these purposes.

21
 Chapter – 6

6.0 DEVELOPMENT AND LEGAL ORDER

The Right to Development is vast and complex and an adequate understanding of it will
require the collaboration for many years of a number of experiences and experiments in the
world in general and in India in particular. The right has its roots in the basic right to life and
survival. When we understand the concept broadly, it is the right recognized to every human
being on the each, irrespective of the nationality, sex, region, race or religion. It is the
outcome of the integrated approach towards human rights. In other words, the natural rights,
which were well, recognized right from Magna Carta and thereupon rights of the man. Bill of
Rights and Universal Declaration of Human Rights.
In India, this right is well recognised through the constitutionalism the product of Preamble,
Fundamental Rights, and Directive Principles of the State Policy and Fundamental Duties of
the Indian Constitution.
Thus, development is a major goal of our times. Yet it is hard to secure agreement on its
meaning — Development can be seen as a self-conscious social process by which man in
society attempts to mound the conditions of his existence. In a sense, development occurs in
all societies to achieve a better life for their citizens. The right to development to this extent is
recognised as a cherished human value throughout the world. As Krishna Iyer rightly pointed
out "Everyone has the right in all circumstances to be treated with humanity and with respect
for the inherent dignity of the human person. The human rights are catalysts in this sense for
the free and full development of every individual in a just society.
The Right to Development is an integral part of human rights. This is the fundamental of all
the Fundamental Rights. As we know when a right is basic human right of a human being, it
is presumed that right is acquired by him on his birth as an inalienable sacrosanct value. This
ideological conception was well recognised throughout the world through Universal
Declaration of Human rights.
However, the broad purpose of this right to development is twofold. One is the demand of the
developing countries for a new International Economic order and another is the Right to
Development as being emerged in India through the Teleological approach of the Judiciary
towards the Constitutionalism under Indian Constitution, particularly the widening scope of
life and personal liberty under Art. 21.

22
6.1 Right to Development in International Perspective
Right to development initially was understood as the right of the developing countries against
the authoritarian and arbitrary role played by the so-called developed countries. After second
World War, there emerged a new liberal readjustment of International economic relations
under the ' D.S. Prakasa Rao-Right to Development - A Perspective - SCJ Vol (3) 1995 JSP 18
control of developed countries who dominated the International Economic System by
controlling the principal institutions, like International Monetary Fund, I.B.R.D. or World
Bank and W.T.O. The domination of these Institutions, conferred on the developed countries.
Political and Economic Power. The developed countries, are now developed in a position to
take and impose decisions on the entire global economy. The developing countries dissatisfy
with the system which excluded them from the equal treatment by creating the system of an
unequal share of the world resources and the development of dependent economies. The
developing countries demand the restructure of the traditional International Economic order
keeping in view of their Fundamental Basic Human Right "Right to Development".
(a) The Philosophical Foundations of the Right
The theme of development, its necessity and the existence on the right on the part of the
developing world, has its roots mainly in the following considerations:
1. Equality of States in matters of opportunity under international law now is interpreted so as
to mean equity and equitable distribution of the world' s resources and as reflecting the
notions of justice.
2. The awareness on the part of both the developed and the developing nations that their
wellbeing and development is mutually interdependent.
(b) The Origin of the Right
The origin of the Right to Development can be traced to various General Assembly
resolutions. Declarations and the documents of other organs of the United Nations.
(c) The Consensus as to the place of the Right
It must be noted that none of the above documents explicitly pronounce or refer to the right to
development. However, there is a common theme running through all these documents, i.e.,
the necessity for global cooperation for development and welfare.
d. The Dilemmas of Development
Development has been conceptualized as a phenomenon characterizing change and growth.
But this change has to be meaningful and growth needs to be purposive. Again,
meaningfulness and purposiveness are loaded terms and even the most sophisticated social
23
science research in this domain has not succeeded in attempting value free definition or
contents of these concepts bordering on desirability.

6.2 Right to Development and the Satisfaction of Basic Needs

The fundamental question to be asked here is, "What is the objective of development?" In
response to this question, the concept of basic needs rose to prominence. Accordingly,
development meant first of all that the needs of the entire population for primary
consumption goods (food, clothing, shelter) services (water, health, education, transport) and
employment had to be satisfied and that development policy had to address itself squarely to
the objective. In this sense, the basic needs are those requirements of the human beings which
must be fulfilled in order to ensure their minimum subsistence levels. Since existence is the
basis of enjoyment of any rights, the human Rights Covenants expressly declare", in no case
many a people be deprived of its own means of subsistence levels. The phrase 'fundamental
human needs' is also described "core needs" as constituting those material and non-requisite
to self-realisation.io Clearly, human rights are not synonymous with human needs. Human
rights have a much narrower connotation than the basic needs; and is also different from
development.
The basic needs strategy has the two-fold aspect, i.e., individual as well as collective. For
individuals, the right to development as a human right includes the right to be free from
hunger and malnutrition as formulated in Article to the universilation on the Eradication of
Hunger and Malnutrition of 1974; and in general, the standard of living as incorporated in
Article 25 of the ' Verway, wilde, Establishment of a NIEO and the realization of the Right
to Development and Welfare - a Legal Survey 21JILI (1981)

6.3 Subjects of the Right to Development

Just like the right to self-determination, the right to development also is a multi-dimensional
right. As regards the human right to development..., both the individual, states and possibly
other collective entities are direct subjects of international law and further, it is no longer time
that the subjects of the right to development lack international procedural capacity. As
regards the individual right to development, the contents of this right are co-extensive with
the human rights literature itself, and as far as the State's rights are concerned the current
international economic law supplies the same. Not only States and individuals, but people are
also identified as the subjects of the law. The Secretary-General's Report expressly
recognizes the role of transnational corporations also in the promotion of the right of
24
development and this trend takes international law very near to the threshold of recognizing
other juridical persons also as the subjects of international law.
However, the enjoyment of the right to development necessarily involves a " Secretary
General’s Report on the Right to Development as a Human Right 1979 careful balancing
between the interests of the collectivity on the one hand, and those of the individual on the
other. The perception of rights and duties in the context of the right to development leads to
the following conclusion, viz.:
(1) At the international level, the right to development of states means that all states have the
duty to recognise it and promote it. The international community not only has a legal duty to
refrain from opposing and impeding the exercise of the right to development, but is also
under a positive legal obligation to help in securing its realisation.
(2) The concept of human rights along with the right to development has made some inroads
into the doctrine of state sovereignty imposing limitations on state jurisdiction. Though every
state has the right to adopt the economic and social system that it deems to be the most
appropriate for its own development, this can be taken as a basis for policies violating basic
human rights.
(3) The correlative duty to the right to development lies not only in the collectivity of the
nations but also on every individual state. The International Court of Justice has implicitly
recognised this in the Nicaragua v. United States case.
(4) Taken this way, every State in the world is a subject beneficiary as well as the addressee
of the right to development. Every State is under the correlative duty of promoting
international development. However, one has to admit that inspite of the vast literature that
exists on the right to development, the same is still very vague and lacks precise definition.
There are still doubts lingering on whether this concept must be read under 'soft law' and
hence recognised as a right in the strict sense.
However, a rule of treaty or customary law may be 'vague' or 'soft' but it does not thereby
cease to be a legal norm. The right to development has been rightly observed as assisting the
effective implementation of existing rights and only in this way, does it make sense to
interpret the right to development as a human right. It is argued that the right to development
is not a new material right, but should be understood as an instrumental right. There is no
doubt that it is an instrumental right, but at the same time, there cannot be an objection for it
being a material/substantive right also.

25
6.4 The Right to Development as a Human Right
The declaration on the Right to Development, which stated unequivocally that the right to
development is a human right, was adopted by the United Nations in 1986 by an
overwhelming majority, with the United States casting the single dissenting vote.
It took many years of international deliberations and negotiation for the world community to
get back to the original conception of integrated and indivisible human rights. The
Declaration on the Right to Development was the result. However, the single dissenting vote
by the United States set back the process by several years, during which the international
community could have tried to translate such a right to development into a reality. Issues
were raised about the foundational basis of this right, its legitimacy, justifiability, and
coherence. The world was still divided between those who deemed that economic, social, and
cultural rights could be regarded as human rights, and those who considered that economic,
social, and cultural rights as not only fully justifiable human rights but as essential human
rights. Claims and counterclaims continued to be made by both the groups in different
forums.
Finally, a new consensus emerged in Vierma at the Second UN World Conference on Human
Rights in 1993. The Declaration adopted there reaffirmed "the right to development, as
established in the Declaration on the Right to Development, as a universal and inalienable
right and an integral part of fundamental human rights". This Declaration, which was
supported by the United States, went on to say, "Human Rights and Fundamental Freedoms
are the birthright of all human beings; their protection and promotion is the first responsibility
of government". It also committed the international community to the obligation of
cooperation in order to realize these rights.

6.5 The Value Addition in the Human Rights Approach to Development

If development depends upon policy and not just in the spontaneous play of market forces,
then any approach that facilitates, if not ensures, more than another the formulation, adoption,
and implementation of appropriate policies to realize the objectives of development would be
regarded as superior. When development is seen as a human right, it obligates the authorities,
both nationally and internationally, to fulfill their duties in delivering (or, in human rights
language, promoting, securing, and protecting) that right in a country. The adoption of
appropriate policies follows from that obligation. Nationally, the government must do
everything, or must be seen as doing everything to fulfill the claims of a human right. If

26
the rights to food, education, and health are regarded as components of a human right to
development, the state has to accept the primary responsibility of delivering the right either
on its own or in collaboration with others. It has to adopt the appropriate policies and provide
for the required resources to facilitate such delivery because meeting the obligation of human
rights would have a primary claim on all the resources-physical, financial, or institutional-that
it can command.

6.6 Collective Rights Vs Individual Rights

There is a different type of criticism which has been most persistently leveled against the
right to development, in particular, in addition to the criticisms mentioned above that are
application to all rights other than the civil and political rights. The right to development was
promoted both by the Third World protagonists and First World critics as a collective right of
states and of people for development. We have already dealt with the problem of the
admissibility of collective rights as human rights, as recognized as human rights. But then
care must be taken to define the collective rights properly and not in opposition to individual
rights per se. Indeed there are legal institutions agreements and covenants that have
recognized and built upon collective rights, and Declaration on the Right to Development
itself has recognized the collective right of peoples in its Article 1 when it states that every
human person and all peoples are entitled to the human right to development and also the
right to self-determination, exercising "their inalienable right to full sovereignty over all their
natural wealth and resources". But now these collective rights are seen as opposed to, or even
superior to, the right of the individual. The Declaration on the Right to Development states
categorically (Article 2) that "the human person is the central subject of development and
should be the active participant and beneficiary of the right to development".

6.7 Characteristics of the Process of Development with Equity

It is important to appreciate the full significance of the point that the right to development
associates development with equity and justice. Any human rights approach to economic and
social policy may be constructed on the basis of justice because it follows from a notion of
human dignity and of a social contract in the drawing of which all members of the civil
society are supposed to have participated. But not all theories of justice are based on equity.
The Universal Declaration of Human Rights contains elements to show that equity was one of
its concerns. However, the Declaration on the Right to Development is, without question,

27
founded on the notion that the right to development implies a claim for a social order based
on equity. Not only do several of its article clearly call for equality of opportunity, equality of
access to resources, equality in the sharing of benefits and fairness of distribution, and
equality in the rights to participation, its preamble paragraphs also call for the New
International Economic Order. And the tenor of the debates that took place at the United
Nations and other international for a during the period of the negotiation and adoption of the
draft left no one in doubt that what the proponents of the right to development were asking
for was an economic and social order based on equity and justice. They have not of the
international economy would have a right to share equally in the decision making privileges
as well as in the distribution of the benefits just as the rich developed countries.

6.8 Right to development in National Perspective:

The Right to Development is a must for each and every individual to lead a dignified decent
human life, which was well-recognised through our Constitutional mandate. Preamble, Part
111 and Part IV of Indian Constitution provide the conscience of the Indian Constitution. The
recent judicial interpretations went to such an extent that everything relevant to the human
life is understood to be guaranteed as the integral part of life which is nothing but right to
development. Right to life, right to house, right to education, right to health, right to
livelihood, right to privacy, right to freedom, right to equality, right to every aspect and
concept which is necessary for the development of a human being in a civilized society is
well understood through the expanding meaning of life and personal liberty under Art 21 of
Indian Constitution.

6.9 The Supreme Court of India and Right to Development.

The question whether the right to development is a fundamental right under Article 21 arose
in the State of Himachal Pradesh v Umed Ram Sharma.28 The facts the case are as follows.
Some Haryana residents of Balad and Bhuko tehsil of Simla, Himachal Pradesh addressed a
letter to the Chief Justice of High Court of Himachal Pradesh stating that the government had
begun the construction of the Channa Hatti Bhukho Road but stopped further construction at
village Gharog in collusion with the residents of the village. It was held that the entire state of
Himachal Pradesh is in the hilly region of India, and without workable roads, no
communication is possible. Every person is entitled to life as enjoined under Article 21 of the
Constitution'. The facts of the case read in conjunction with Article 19(1) (d) stating that
every person has a right to move freely throughout the territory of India and the right under
28
Article 21 not only embraces physical existence of life but also the quality of life. For the
residents of the hilly area access to road is access to life itself.

6.10 Development, Environment and Human Rights- Recent Trends

Globalization of trade, transport and communication sectors made the world amenable and
accessible in terms of movement of materials, people, business houses, consumerism and
knowledge transfer. India with ancient and rich cultural heritage has developed over the years
its own wide base for science, engineering and technology with appreciable economic growth
attracting global attention for its marketing potential. India is recognized today as fast
developing world power in view of the achievements in sectors of space technology,
innovative and emerging technologies, various forms of complementary medicine,
information and telecommunication technologies and business process outsourcing. But the
question is the acquisition of all these attainments are at the cost of the environmental
sustainability on account of ever • increasing demand for Development leading to
environmental degradation, depletion of natural resources, widening ruralurban divide in
quality of life, lack of basic amenities of food, shelter, water and distress related migration to
urban slums due to alternating drought flood cycles.

6.11 Towards Nutrition Security of India

Nutrition Security is very important for any country. May be we do not realize that it is as
important as 'food security'. When the world at large and India in particular address the
objective of 'Hunger free society'. There is an imperative need to enhance agricultural
productivity to produce more food and also to make the food value added in terms of
nutrition value.

6.12 Coping with Water Scarcity and Science Addressing Challenges of Delivery of Safe
Drinking Water:
Life originated in water, cradled in water and evolved in water and hence the life processes
need water one way or the other. Access to safe drinking water is a basic right to every living
being and its denial construes a heinous crime and infringement of rights. Water distribution
is highly unequal globally. Water as a natural resource should be considered as national
resource to be managed through appropriate pharming with long term goals in view. Water
requirements of the county are of various kinds such as irrigation for 175 million hectares,
water for domestic and industrial uses which are raising steeply water for power generation to
29
meet the energy demands, ground water and water for much publicized surface transport
which works very much less expensive. National water policy recognizes the need for sector
wise water management. One sixth of the country is flood prone and we do not have yet a
comprehensive plan to effectively use the flood waters by diverting these waters into man
made reservoirs and interlinking mesh of canal systems. Even though most of the enunciated
principles of water policy are addressed by Govt, of India through various plans and
programmers there are gaps in implementation of action to make the water available to rural
folk who constitute 70% of India's population. Per capita water availability progressively
declined from 2209 cubic meters of 1971 to 1703 cubic meters in 2005 and is expected to go
down further to 1340by 2025. Through socio-political revolution and involvement of local
communities, balanced distribution of water in different sectors is the need of the hour.

30
 Chapter -7

7.0 RIGHT TO REHABILITATION - LAW AND POLICY PERSPECTIVES

All development projects are undertaken by the Central and State Governments and by other
public authorities either in exercise of executive power or by virtue of or under a legislative
power in relation to various entire in the Schedule VII of the constitution of India. These
projects must, therefore be planned and executed only within the framework of constitutional
limitations and furtherance of constitutional goals and values. As a majority of people
displaced or affected by major projects are tribals, these projects must satisfy the
constitutional provisions falling under the fifth schedule which ensures the interest of the
scheduled tribes. If such major projects oust tribal communities and inflict miseries upon
them, without what we have described as developmental resettlement in real terms, the
project itself must face a constitutional challenge.

7.1 Displacement and Project Affected People - Law and Constitutional Perspectives
The displacement takes place not only for the purpose of construction of dams, but also for
thousands of other medium and minor irrigation projects, industrial establishments, mining,
power generation, creation of national parks animal and bird sanctuaries, etc. but
comprehensive data is yet available to show the magnitude of the problem of displacement
and much less with regard to the tribals the state governments have been confining
rehabilitation with the four corners of the Land Acquisition Act, i.e., for the state
government, rehabilitation was equivalent to payment of compensation for land acquired
under Land Acquisition Act.

7.2 Rights of Displaced Persons

In the contemporary India, displaced people bear the anguished burden of a long and
unbroken legacy of the deepest social degradation. Although the word 'displaced persons'
literally means 'a person or a group of person who have been forced or obliged to flee or to
leave their homes or places of habitual residence in particular as a result of an order to avoid
the effect. It used to describe those who on account of the acquisition of their lands for the
purpose of the major or medium irrigation project had been displaced from such lands. The
term was extended to cover also the landless and homeless persons and others who used to
depend on the acquired land

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7.3 Right of Land of Displaced Persons
After displaced, the project affect people who were lost their land, Tribals and indigenous
categories demand their right to traditional land andits resources. They demand special
protection for their resources. Generally, the tribals are known as the forest people. They are
innocent, simple backward people. All projects are set up in the forest area. When displaced
the people by the project authority in the forest area, a huge tribal population were displaced.
Land is unique gift of nature which sustains life of all organism on the surface of the earth.
Land is not only an economic commodity but also a social commodity, which need
sustainable exploitation as a natural resource. But in various ways, the tribals are exploited by
others.
So to protect their right in land and other resources, the judiciary plays an active role. The
supreme court of India had delivered a number of judgments related to land and livelihood
including tribal rights.

7.4 Model of Development in India Today

The Model of development the India has followed post-independence is characterized by the
following features:
1. Large - scale industrial expansion, leading to pollution of the air, water and soil, dumping
effluents, exhausts and wastes, and use of resources, both renewable and non-renewable,
without considering the sustainability of the expansion.
2. Commercial agricultural production, characterized by the green revolution, which
increased production especially of food grains like wheat. However, the agricultural practices
included the use of high yielding varieties of seeds, intensive fertilizers, pesticides, etc.,
which have affected the soil adversely.
To provide water to industry and agriculture, the policy makers chose the construction of
large dams. In Andhra Pradesh also the government started Polavaram mega project with
multipurpose design.

7.5 Increasing Social, Political and Economic Inequities

There are inequities between urban and rural India, traditional and modern India. The focus
seems to be on developing urban centers and here is where most resources are used. For
instance, power is needed for industry, offices and residential purposes. This is not a modern
trend. Even earlier, inequities between land-owning peasants and forest dwellers have led to
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severe deforestation. Land-owning peasants have often ruined large forest areas in order to
put more land under cultivation. This obviously affected the lives of the forest dwellers, who,
however, were not seen as having any rights.

7.6 Changes in Cultural, Ethical and Moral Values

Local Communities have been alienated from natural resources that they had access to
traditionally. Spread of homogenous attitudes such as the notion that wheat and rice are the
Orji grains worth eating have to other grains disappearing from the fields Devaluation of
traditional/indigenous (local) knowledge has led to much of this knowledge disappearing as
there are no written records maintained. For example, the medicinal value of plants, which
was common knowledge in tribes, is fast vanishing, and Displacement of local communities
due to large-scale development projects and inadequate or non-existent rehabilitation
measures.

7.7 Lack of Recognition of the Full Values of Biodiversity

• There is an undervaluation of traditionally protected sacred groves, landscapes and species,
which are now fast disappearing;
• Productivity has been undervalued with the notion that traditional crop varieties have low
yields;
• Water resources and how the ecosystem works is not properly appreciated by modern
planners;
• Health politics and programmes today have ignored the health value of medicinal plants and
traditional crop varieties;
• Agricultural polices do not acknowledge the role of biodiversity in agriculture for good
nutrition and health, and
• Economic planning and budgeting has not taken into adequate account the enormous value
of biodiversity, soil productivity and water security.

7.8 Inappropriate Laws and Policies

There are a number of contradictions between policies and laws dealing with the environment
and those relating to industrial development,
Agriculture production commerce and welfare. Some of them, like intellectual property laws,
are not in the interests of the environment and protection of biodiversity. Useful laws, for
example, on pollution are not implemented properly. There is no proper land use plan or
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policy which protects fragile areas from improper development and practices like mining,
construction of mega projects which ruin the land.

7.9 The International Position and its impact on Indian Environment:

This affects Indian environment in several ways. Developments in the international sphere
have had an impact on India. The Constitution and several of our pro-human rights laws are
evidence of this influence. However, this absorbing of international trends applies to other
trends as well.
Here are some ways in which international trends affect environmental rights and the Indian
environment:

7.10. Indian Policy Regarding Land Acquisition for Public Purpose.

For ascertaining the extent to which the termination by the state is conclusive it would be
desirable to examine the relevant provisions of the Land Acquisition Act 1894. The preamble
states that the law is for the acquisition of land needed for the public purposes and for
companies and incidental matters connected therewith. Section 3 (f) defines public purpose as
follows:

7.11 Re-settlement of project affected persons on acquisition for Public Purpose

The decision of the Government as contained in the impugned resolution shows that it has
arrived at a certain figure with regard to the requirement of land in order to resettle the
project affected persons.
Obviously, the acquisition is intended to build up a land pool out of which land would be
made available for different uses such as allocation of building sites to individuals,
reservation of land for communal purposes, land over which buildings will be constructed
and wells will be dug and it is difficult to entertain an argument that when land is acquired for
building up such a pool of land, the land is being acquired from the petitioners for the benefit
of any particular individual. Therefore, no doubt in this case that resettlement of project
affected persons was clearly a public purpose for which a notification for acquisition of land
under the provisions of the land acquisition Act could validly be taken.
An assessment of the compensation payable for land acquired must take into count several
factors, including the nature of the land, its present use and its capacity for a higher potential,
its precise location in relation to adjoining land, the use to which neighboring land has been
put and the impact of such use on the land acquired, and so on. It seems that having regard to
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all those factors the rate of compensation, which has suggested itself to us is what should be
decreed.

7.12 Agricultural Lands

Indian agriculture has changed dramatically over the last few decades. We have earlier seen
briefly the effects of the Green Revolution. Ushered in with dwarf wheat varieties and with
substantially enhanced investment in the formal seed sector and widespread extension
services, the Indian farmer was fed a major dose of external inputs: seeds, irrigation, loans,
pesticides, fertilizers and institutional back-up. While, on the one hand, this had the
undoubtedly visible effect of enhancing grain production and reducing dependence on food
imports, it has also had a series of negative impacts that threaten to undermine the gains
made, and have in fact taken us on a slow but surely suicidal course.

7.13 The main impact of dams has been summarized here:

Diversion of rich forest land for building dams; Rich areas submerged, causing colossal loss
to environment, wildlife and people living in the - areas; Illegal felling of trees for timber,
using the excuse of clearing the submergedareas; Deforestation for resettling displaced
people; Loss to fisher folk, particularly in coastal areas; Affects livelihoods of people,
particularly tribals and Adivasis; Disrupts normal flow of the river, consequently fish
migration, nutrient levels in the water, etc., and Rehabilitation is far from satisfactory.
Rehabilitation and resettlement (R&R) has become a major issue these days. Experience from
dozens of dams suggests that it has never been satisfactory and several people continue to
remain displaced and homeless as a result. Some of the major experiences are highlighted
here: Rehabilitation is seen as an obstacle and an extra financial burden; Authorities always
try and get away with the minimum possible; Cash compensation is very little. Land for land
is a better policy, but almost impossible to implement in the case of large-scale displacement.
There is no uniform policy, it depends on the project; It is treated as a technical problem
rather than as a human and sociological issue; Even if land is given, several critical resources
available at the site of original residence are not available, e.g. forest resources, grazing
lands, fishing opportunities, and so on, and Rich farmers often manage to get higher
compensation and better alternative lands, whereas the poor keep running from pillar to post.

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7.14 What are the Alternatives?
If ecological destruction and the connected violation of human rights are by now pervasive in
India, what is the way out? Are environmentalists advocating a total cessation of
development, a 'return to the primitive' mode of existence? How would the needs of our
increasing population be met if ecological safeguards were to become barriers to agricultural
and industrial development?
Answers to these questions are coming from local communities who have not forgotten their
roots, from government officials who go off the beaten track, from NGO's who dare to
question the system, from individuals who our society unfortunately still thinks of as either
crazy or dreamy romantics.
In all these cases, the essence of the answer has been the marriage of ecological ethics and
human values and rights. What has also been critical is that these answers have exploded the
myth of the single answer, a sort of universal blueprint that can be implemented everywhere.
Such a blueprint will not work because there is a diversity of ecological situations, diversity
of cultural situations, diversity of governance structures, and so on. Nature has not found one
universal solution to the problem of finding food, finding a mate, surviving the elements.
Humans would do well to learn from such diversity.

7.15 Deforestation and its Impact on Environment and Tribal People

Laws concerning forests have been frequently manipulated and breached by those who are
responsible for protection of forests. The Forests Act of 1865 and 1878 were the initial
attempt of British for gaining control over common forests, forest land and forest produce.
The Land Acquisition Act of 1894 imposed restrictions on the rights of the forest tribals with
greater governmental control over forests and forest land. The Indian Forest Act, 1927 saw
the final consolidation and culmination of British Forest Policy alienating once for all tribals
rights over forests, forest land and forest produce. This Act is oriented towards protection of
the environment. Earlier under the Constitution of India 1950, states had the power to
legislate on forests. The Constitution, (42' Amendment Act) 1976 gave the centre also the
power to legislate on forest. This Act laid down the protection and safe guarding of forest as a
Directive Principles of State Policy and fundamental duty of every Citizen. The National
Forest Policy 1952 also stressed on the need to preserve existing forests and place the
optimum requirement of forests 33% of the total geographical areas. However the stipulation
has remained only as a pious hope never meant to be realized. This forest policy had far
reaching implications which led to large scale denudation and deforestation. Forests suffered
36
onslaughts in greater magnitude because of conservation of vast areas of forestlands for non-
forest purposes. In the five-year plans, also the government has least consideration towards
forests.

7.16 Rights and Responsibilities of Tribal People

Tribal's source of livelihood, equality of status, dignity, social justice and economic
empowerment were contentious issues. The tribal communities, mainly the women depend on
the Forests for their basic livelihood resources. Though these communities live in and around
the rich forests lands, they are the poorest of the poor community. This poverty is mainly due
to the gradual process of alienation of these communities from the forest produce and lands.
The initial process of land alienation began with the advent of British rule, which, having
realised the commercial value of forests transformed the communal ownership of the tribals
communities over the forests into State ownership through its forests policy and enactment of
Forest Act of 1865,1978 & 1927.

7.17 Tribals and Law

Law, no doubt, is seigneurs-peculiar to a people like its heritage and language. It recognises
the rights of the aboriginal people. The Constitution of India and various protective
legislations provide special protection to tribals.
The Governor in his personal capacity is empowered to maintain peace and good government
in scheduled area. Fifth schedule of the Constitution of India preserves tribal autonomy, their
culture and economic empowerment ensuring distributive justice. It prohibits transfers inter-
vivo between tribals and non-tribal natural persons and prevent moneylenders to exploit the
Tribals. In SAMATA'S26 case the word 'person has understood by the Supreme Court of
India as both natural persons as well as Juristic persons and constitutional government. The
state government also stands prohibited to transfer by way of lease or any other form known
to law, the Government land in scheduled area to nontribal person be it natural or Juristic
person except to its instrumentality or co-operative society composed solely of tribes.
Otherwise, peace would be disturbed, good governance in scheduled, area would slip into the
hands of the non-tribals and slowly the land in the scheduled area would pass into the hands
of the nontribal.

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7.18 Guiding Principles on Internal Displacement
The international community is confronted with the monumental task of ensuring protection
for persons forcibly uprooted from their homes by violent conflicts, gross violations of
human rights and other traumatic events, but who remain within the borders of their own
countries. Nearly always, they suffer from severe deprivation, hardship and discrimination. It
is to meet this challenge that the Guiding Principles on Internal Displacement were
developed.
The Guiding Principles on Internal Displaced persons developed by Mr. Francis M. Deng are
based upon existing international humanitarian law and human rights instruments. These are'
popularly known as Deng principles on Internal Displacement. These are to serve as an
international standard to guide governments as well as international humanitarian and
development agencies in providing assistance and protection to Internally Displaced Persons.
The Principles identify the rights and guarantees relevant to the protection of the internally
displaced in all phases of displacement. They provide protection against arbitrary
displacement, offer a basis for protection and assistance during displacement, and set forth
guarantees for safe return, resettlement and reintegration. Although they do not constitute a
binding instrument, these Principles reflect and are consistent with international human
rights, humanitarian law, and analogous refugee law.

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 Chapter - 8
8.0 Analysis

In this concluding chapter, all the primary data collected have been thoroughly analysed and
certain valid conclusions are extracted based on this non-doctrinal project work.
While collecting the primary data of public opinion about the Displacement and Human Rights
Protection in India, a survey has been conducted under questionnaire method through Google
Form. The target respondents were people from all age group.
The questionnaire through Google Form was sent to more than 50 people and only 15
responses have been received. Out of those 1 response was incomplete and hence have been
excluded from this analysis.
The analysis has been done with a sample size of 14.

The sample has 1 persons of age group of 36-50, 8 persons of age group 18-25, 4 persons of
age group 26-35, and only 1 persons of age >50.

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The sample has 5 respondents who are Graduate, 5 respondents who are Post-Graduate, 3
respondents have Professional Degrees and 1 respondent High School passed.

The sample contains 3 Self-Employed Professionals, 3 Govt Service, 1 persons associated to

Private Sector Services, and 7 persons are unemployed.

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The respondents were asked about the Violation of Human Rights in India. They have been
given the options in 5-point Likert scale. 2 respondents strongly agreed, 8 respondents
agreed, 2 respondents were neutral, 2 respondents disagreed with this question.

The respondents were asked about whether Govt. is taking initiatives to protect Human
Rights of Citizens. They have been given the options in 5-point Likert scale. 1 respondents
strongly agreed, 8 respondents agreed, 4 respondents were neutral, 1 respondents disagreed
with this question.

41
The respondents were asked about whether they agree with the a llegation made by the
opposition that Government favours a particular community. They have been given the
options in 5-point Likert scale. 2 respondents strongly agreed, 5 respondents agreed, 4
respondents were neutral, 2 respondents disagreed and 1 respondents strongly disagreed
with this question.

The respondents were asked about whether Judiciary takes initiatives to protect the Human
Rights of Citizens. They have been given the options in 5-point Likert scale. 2 respondents
strongly agreed, 5 respondents agreed, 4 respondents were neutral, 2 respondents disagreed
and 1 respondents strongly disagreed with this question.

42
The respondents were asked about whether Central Government violated basic human
rights of the citizens in Kashmir issue. They have been given the options in 5-point Likert
scale. 3 respondents strongly agreed, 4 respondents agreed, 2 respondents were neutral, 2
respondents disagreed and 3 respondents strongly disagreed with this question.

8.1 Conclusion and Suggestion

The growth of the society as well as the social and economic development of a society mainly
depends on the forests as forests have been identified as necessary resource to the human
civilization. Forests play a dominant role in molding and shaping the life of the citizens.
Since the ancient days, the forests are meeting various requirements of man and are coming
to his rescue when the need arises. That is why our ancestors worshipped the trees as Gods
and offered prayers for the development of forests. Our Vedas and Purans are in full praise of
the forests that signifies their importance in our life. Forests that are natural assets are
considered to have immense value for the life's support system. They help us in many ways
directly and indirectly. Forests are one of the most important renewable natural resources of
the country. They moderations of flow of water. They have got hygienic and aesthetic value
and also protects the flora, fauna and wildlife. Thus, in this way forests play a beneficial role
in the day-to-day life of man and are thus indispensable for maintaining the quality of the
environment.
But with the development and growth of the civilization the situation has changed and instead
of protecting the forests the man doesn't hesitate to cut trees indiscriminately which were

43
considered to be his best friend there by causing destruction of natural forests. This ultimately
leads to environmental degradation posing a serious threat to the very survival of humankind,
so it has become essential to protect and preserve the forests for the betterment of human
civilisation. In this backdrop, an attempt has been made in this brief paper to discuss various
dimensions regarding the conservation of forests.
Man - Nature Relationship
The very existence of humankind depends upon nature, as all our strength, source and vigour
to live and enjoy the life comes from the same.
Our ancestor were also great worshippers of nature because in worship lies the greatest
admiration for nature. Nature and society are interdependent. As a part of the society, man
serves it and in return, the society gives him the necessary protection and in it lies the
inherent duty of man towards the society and nature. Forest being the gift of nature play an
important role in the life of man as it is considered the main source of habitation that
maintains the ecological balance also. In the last few years, we have seen that in our conquest
to achieve
Speedy economic growth we have gone for rapid industrialization. Particularly in the
aftermath of independence, more stress was given on the same to bring a change in the
quality of life of the masses. Industrialization was considered as an important mean in the
progress of the country. Thus, on the socio economic front, emphasis was given on planned
development
Which paved the way to concentrate attention on industrial planning? In this process, we
damaged our nature and natural resources including forests in such a ruthless way that we are
forced to face irreversible consequences. Mahatma Gandhi has rightly remarked 'Nature
provides adequate bounties to a needy man, but not for a greedy man'. Although our needs
were genuine, we have been very unkind to nature. Ultimately, we are faced with the grave
danger of environmental pollution and degradation that has gone a long way in jeopardizing
our quality of life.
Indian Constitution and International Environmental Law
India is a member of the United Nations Organisations (UNO) since its inception. India rather
believes that most of the problems that this world is facing today relates to humanity, world
over equally, and therefore, there must be concerted and integrated efforts to deal with them.
For example, problems of population, poverty and pollution. To some extent, these problems
can be dealt on regional basis but not all problems can be said to be local problems. All the
nations, rich or poor, developed or developing, north or south, are facing the problems of
44
pollution. Thus, the problem of pollution is largely a transboundary problem and sometime its
effects are widely rampant and recognize no boundaries. It is true that we have 'one planet to
live on' and 'we have common future.' Therefore, the strategy to deal with this gigantic
problem of pollution must be cooperative and coordinated one. All the nations must join
hands to combat the problem of pollution before it assumes threatening dimensions and
brings us on the brink of disaster.
Capacity building in environmental law must include dissemination of information on
strengthening environmental policy, policy planning process, environmental administration.
Environmental justice delivery system, encouraging participatory process, equipping
enforcers of environmental law, and promoting environmental education. In a diverse country
like India, the contribution of people's participation in effective environmental management
can be phenomenal if they are made aware of their responsibilities as laid down in the legal
and policy framework.
The need for better environmental capacity building strategies grows with the increasing
magnitude of environmental problems and the progressive nature of threats to environmental
resources. While growth is a very compelling priority, the moot question is how to speed
economic growth without affecting the environment on which the growth itself sustains.
A healthy environment is indicative of a healthy nation. Capacity building is the key to solve
many environmental problems and issues. In India, the judiciary, industrial managers,
policymakers, enforcement agencies and voluntary organizations are the key players involved
in the process of environmental governance, management and implementation. Effective and
strategic capacity building programmers for these target groups go a long way in creating a
deeper understanding on their respective roles, besides substantially opening avenues for
environmental information and easy access to environmental justice. This will eventually
result in expanding the length, breadth, and depth of comprehension, internalization and
appropriate implementation of environmental laws in the country. Development and
Environment are two important human rights which should be interpreted for the economic
sustainable growth. This is possible only through sustainable development.
As far as rehabilitation of the displaced persons is concerned, the research study revealed that
most of the displaced people were illiterates and did not know their rights. The lack of
awareness is the main cause for the misery of the displaced people. The research revealed that
no implementation of the rehabilitation policy leads to deprivation of right to livelihood and
right to shelter and other fundamental rights of the displaced people. The problem of
displaced can be solved only through the implementation of just rehabilitation policy without
45
delay. Then only the human right of Rehabilitation of displaced persons can be well
protected.
Development is no doubt a right. But in the course of development, important questions need
to be asked Whose development? At whose cost?
Who is getting benefit? At whose expenses? Who is losing out? Are the people whose
livelihoods or environment are being affected being given compensation or remedies? Has a
cost-benefit analysis been done? Do the costs outweigh the benefits? While dealing the issues
relating to displacement and rehabilitation, the government should take these things very
seriously.
The promises made by the state of Andhra Pradesh to maintain ecological balance disturbed
due to the mega project should be fulfilled before the completion of the project.
For effective protecting Right to Rehabilitation to the internally displaced persons in its true
spirit, the following suggestions are made:
 In India the citizen does not have a legal right to Rehabilitation. Right to
Rehabilitation should be recognized as fundamental right under Article 21 of the
Indian Constitution. A new Article is to be added if necessary to the Fundamental
Rights Chapter.
 The National policy for displaced persons should be implemented in its true spirit.
 No doubt the rehabilitation policy of the State of Andhra Pradesh is good. But due to
delay and non-transparency the displaced persons are not properly rehabilitated.
 The cost benefit analysis of the large dam like Indira Sagar Major Irrigation Project
(Polavaram) should be reviewed in the background of opposition to the project by the
Environmentalists, Local people and state of Chattishgarh. Alternate Lift and Minor
irrigation project should be considered.
 Due to the major irrigation project, near about 2 Lakh People directly affected and
displaced. There are more than 5 Lakh People were indirectly affected. Rehabilitation
is a big challenge. If the construction of the project is inevitable in the larger interest
of the people of Andhra Pradesh, Rehabilitation policy with human face should be
implemented very strictly and speedily. Then only the misery can be mitigated to
some extent if not completely.

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