Qui
custodiet custodiens? goes the Latin saying, or ''who will guard the guardians''?
In today's India, what does it take to make a government obey the law?
In the case of the Madhya Pradesh government and the Narmada Control Authority,
defining and restating the law and getting very clear orders from the
Supreme Court is clearly not enough.
The
pleas of those who have been unjustly displaced and provided no compensation
are obviously of no interest. Nor is peaceful mass protest by thousands
of ordinary people of the region of any use in changing unlawful decisions,
apparently. Even knocking at the gates of the powerful in Delhi, or going
on indefinite hunger strike in protest at blatantly illegal actions does
not seem to be enough.
Yet all that is being asked, from the government, is that the laws of
the land be upheld and the Supreme Court's orders be respected. Even this
appears to become something to be extracted as a huge concession after
endless requests and ever increasing social pressure.
Consider the recent facts relating to the construction of the Sardar Sarovar
Dam. This controversial project has been under question for more than
ten years, as all of its intended benefits have been questioned at different
levels. It is the hugest such project in recent years, involving thousands
of hectares of land and displacing well over three lakh families. From
the original chosen height of 80 metres, it has gradually been raised
to 120 metres, and each increase has involved ever more extensive displacement.
Not only are the supposed gains for the farmers in dry areas of Saurashtra
and Kacch still unclear, but the huge human and ecological costs of submergence
and displacement have been inadequately measured and certainly not compensated
for. There have also been scathing reports from the Comptroller and Auditor
General's office on the financial practices of the project.
Yet the recent furore relates not to the project per se, but to specific
measures which blatantly go against both administrative and judicial norms.
The evidence is overwhelming of completely inadequate rehabilitation,
in contravention of previous promises, declared procedures and court strictures.
And what is even more alarming is that on 8 March this year, the Narmada
Control Authority unilaterally took the decision to raise the height of
the Sardar Sarovar Dam from its present height of 110.64 metres to 121.92
metres.
This decision was taken even though the Supreme Court in a 2005 judgement
had expressly said that raising of the dam's height would not be permitted
unless the rehabilitation programme, which was found to be lacking, had
been carried out in full. In fact, almost all reports, even from official
sources, confirm that the rehabilitation process thus far has been a disaster.
The core rehabilitation principle in the Sardar Sarovar Project is land
for land, rather than cash compensation. The onus has been placed upon
the state to ''acquire and allot'' cultivable land to all eligible affected
families. According to the Narmada Tribunal Award, rehabilitation sites
should have been developed and ready for occupation one year before the
date of submergence, and notices for shifting to the developed sites must
be issued to each and every project affected family.
Yet in fact, in Madhya Pradesh, hardly any families have been resettled
with cultivable land. Instead, some families have been offered or sent
off to occupy lands which are already encroached upon by others, or of
such poor quality as to be uncultivable, or simply non-existent. Other
sites have no house plots and the areas themselves have no amenities.
For many thousands of other affected families, there is even no stated
site that has been decided upon. And this, according to the government's
own affidavits filed before the Supreme Court!
Instead, the state government created a new (and illegal) Special Rehabilitation
Package, under which a cash package is given to project affected families
instead of land. Usually the amount given is so small that there is no
question of purchasing new cultivable land with that money, so that the
people are rendered not only homeless but also without livelihood. Even
in Maharashtra and Gujarat, many affected families are still to be either
compensated or rehabilitated. The Grievance Redressal Authorities are
barely functioning, in any of the three affected states.
The situation with respect to rehabilitation is so evidently dire that
even the Union Minister for Water Resources, Prof. Saifuddin Soz, issued
a statement on 10 March indicating his lack of confidence in the rehabilitation
process thus far. He conceded that in this context the decision of the
Narmada Control Authority to raise the height of the dam was premature,
and said he would convene a meeting of the Review Committee for Narmada
Control Authority to consider the case.
It might be expected that after such an admission, there would be no question
of continuing the work of raising the height of the dam. Yet this is apparently
too naïve an expectation, since even as late as the first week of
April, nearly a month after the statement was issued, no such meeting
has yet been convened and work at the dam site continues apace in complete
disregard of all protestation.
All this forced the most recent protest in Delhi, where Medha Patkar and
some other activists of the Narmada Bachao Andolan went on hunger strike.
This did indeed get some publicity, certainly far more than the months
of continuous protests within the region by the affected people, but at
the time of writing it was still not enough to force the government to
stop immediately all work on what is a completely illegal exercise at
the Sardar Sarovar Dam. Instead, the government only promised to ''examine
the matter'' through a field visit!
We have in place a central government that thus far has viewed a significant
aspect of development as necessarily involving the sale of land - to agribusinesses,
to urban land developers, to big projects in general. On the day of writing
this, the same government that would not stop the height of the dam from
being illegally raised signed a huge deal selling off land to a consortium
of private companies for developing Delhi and Mumbai airports in what
is an extremely dubious and murky privatisation deal, in the process breaking
their promises to airport workers that they would be heard before a final
decision. Despite coming into power on an anti-communal and pro-poor platform,
it has stubbornly refused to exercise the most elementary discipline on
rogue state government like that in Gujarat, even in this matter of respecting
the basic rights of its citizens, especially the weak and assetless.
It should be noted that most of the displaced families are adivasis, and
were already among the poorest and most vulnerable communities in India.
Dispossession from their meagre resources leaves them no alternative existence.
At the Jantar Mantar in New Delhi where many of the activists and affected
people had gathered along with local supporters, there was a stark question.
We are thrown out of our land and not welcome in cities or villages, so
where do we go? How do we continue to exist?
Nearly 150 years after the first war of Indian independence, it seems
that it is not only freedom which is of concern. Our state not only cannot
ensure for many of its citizens their right to exist, its market-obsessed
economic priorities seem even to have deprived it of the basic political
sense that a democratic state should at least be seen to be caring for
those at the receiving end.
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