Govt’s anti-encroachment drive has put poor in peril , don’t deprive them of home ,lively hood
New Delhi : Need for humanitarian appraoch, Govt’s anti-encroachment drive has put poor in peril , don’t deprive them of home ,lively hood.
JK Peace Forum brings to forth the perils that the anti-encroachment drive can bring for the poor and the weaker sections of the society
The month-long anti-encroachment drive across Jammu and Kashmir began after the government issued a circular on January 9 instructing all deputy commissioners to retrieve state, shamlat (commons used by villagers) and grazing land from encroachers.
The UT government can justify its action legally, but on humanitarian considerations the move is not all that welcome.
Action against the powerful and influential is praiseworthy, but for the poor the action may prove to be death-knell like. Their fears and miseries are no less than the uprooted and displaced Kashmiri Pandits, who are living in exile because of the terrorism. While the drive can continue against the powerful and influential, the government has to take care and has to be responsible for the poor and the displaced. First and foremost, the poor should not be displaced and those who are should be duly rehabilitated and compensated.
Even THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 provides for benefits and compensation to people displaced by land acquisition purchases or any other involuntary displacement.
What is needed is to immediately consider the following points;
a) To minimize displacement and to promote,’ as far as possible, non-displacing or least-displacing alternatives;
(b) to ensure adequate rehabilitation package and expeditious ‘implementation of the rehabilitation process with the active participation of the affected families;
(c) to ensure that special care is. taken for protecting the rights of the weaker sections of society, especially members of the Scheduled Castes and Scheduled
Tribes, and to create .obligations on the State for their treatment with concern and sensitivity;
(d) to provide a better standard of. Living, making concerted efforts for providing sustainable income to the affected families;
(e) to integrate rehabilitation concerns into the development planning and implementation process; and
(f) where displacement is on accouri of land acquisition, to facilitate harmonious relationship between the requiring body and affected families through mutual
a family whose primary place of residence or other property or source of livelihood is adversely affected by the acquisition of land for a project or involuntary displacement for any other reason;or
(ii) Any tenure holder, tenant, lessee or owner of other property, who on account of acquisition of land (including plot in the abadi or other property) in the affected area or otherwise, has been involuntarily displaced from such land or other property;
or
Any agricultural or non-agricultural laborer, landless person (not having homestead land, agricultural land, or either homestead or agricultural land), rural artisan, small trader or self-employed person; who has been residing or engaged in any trade, business, occupation or vocation continuously for a period of not less than 30 to
40 years preceding the date of declaration of the affected area, and who has been deprived of earning his livelihood or alienated wholly or substantially from the main source of his trade, business, occupation or vocation because of the acquisition of land in the affected area or being involuntarily displaced for any other reason
Appointment of Administrator and Commissioner for Rehabilitation and Resettlement and their powers and functions minimize displacement of people and to identify non-displacing or least-displacing alternatives in consultation with the requiring body;
Hold consultation with the affected families while preparing a rehabilitation and resettlement scheme or plan;
Ensure that interests of the adversely affected persons of Scheduled Tribes and weaker sections are protected;
Prepare a draft scheme or plan of rehabilitation and resettlement as required under Human settlement policy, Prepare a budget including estimated expenditure of various components of acquisition of land, rehabilitation and resettlement activities or programs in consultation with representatives of the affected families and the requiring body; Arrange adequate land, as far as possible, for rehabilitation and resettlement of the affected families perform such other functions as the appropriate Government may, from time to time, by order in writing, assign. The government needs to take these steps for helping the poor and the needy.
The UT administration and the Centre cannot absolve itself of the responsibility of the relief measures for the poor.
Over thirty-three years of displacement, Kashmiri Pandits are still awaiting rehabilitation and compensation. The poor are likely to face a similar fate if the government again fails to take relevant measures.
