UPSC MainsGENERAL-STUDIES-PAPER-IV201620 Marks
Q22.

Question 22

Land needed for mining, dams and other large-scale projects is acquired mostly from Adivasis, hill dwellers and rural communities. The displaced persons are paid monetary compensation as per the legal provisions. However, the payment is often tardy. In any case, it cannot sustain the displaced families for long. These people do not possess marketable skills to engage in some other occupation. They end up as low paid migrant labourers. Moreover, their traditional ways of community living are destroyed. Thus, the benefits of development go to industries, industrialists and urban communities whereas the costs are passed on to these poor helpless people. This unjust distribution of costs and benefits is unethical. Suppose you have been entrusted with the task of drafting a better compensation-cum-rehabilitation policy for such displaced persons, how would you approach the problem and what would be the main elements of your suggested policy?

How to Approach

This question demands a multi-faceted answer focusing on the ethical dimensions of displacement and the inadequacy of current compensation policies. The approach should be problem-solution oriented. First, acknowledge the ethical concerns. Then, outline a comprehensive policy framework addressing pre-displacement measures, fair compensation, sustainable rehabilitation, and community participation. Structure the answer into Introduction, Body (covering policy elements), and Conclusion. Use examples and relevant legislation to strengthen the response.

Model Answer

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Introduction

The pursuit of development, while essential for societal progress, often comes at a significant cost to vulnerable communities – Adivasis, hill dwellers, and rural populations – whose lands are acquired for large-scale projects. While legal provisions exist for monetary compensation, these are frequently delayed and insufficient to address the holistic needs of displaced persons. This creates a situation where the benefits of development are disproportionately enjoyed by industries and urban centers, while the burdens fall upon those least equipped to bear them. This inherent imbalance raises serious ethical concerns regarding distributive justice and the responsibility of the state towards its citizens. A robust and ethical compensation-cum-rehabilitation policy is therefore crucial.

A Comprehensive Compensation-cum-Rehabilitation Policy

The policy should be guided by the principles of equity, transparency, participation, and sustainability. It needs to move beyond a purely monetary approach to encompass a holistic understanding of the losses suffered by displaced communities.

1. Pre-Displacement Measures & Social Impact Assessment (SIA)

  • Comprehensive SIA: Mandatory and independent Social Impact Assessments (SIAs) should be conducted *before* project approval, not merely as a formality. These SIAs must assess not only economic losses but also social, cultural, and environmental impacts. The SIA should be publicly available and subject to scrutiny.
  • Minimizing Displacement: Project planning should prioritize minimizing displacement. Explore alternative designs and technologies that reduce land acquisition requirements.
  • Informed Consent: Free, prior, and informed consent (FPIC) of affected communities must be obtained before any land acquisition process begins. This requires culturally appropriate communication and genuine consultation.

2. Fair and Just Compensation

  • Market Value + Enhancement: Compensation should be based on the current market value of the land *plus* a significant enhancement (e.g., 30-50%) to account for the loss of livelihood, emotional distress, and future potential.
  • Resettlement Assistance: Beyond land value, provide resettlement assistance covering housing, transportation, and relocation expenses.
  • Indexation: Compensation amounts should be indexed to inflation to maintain their real value over time.
  • Joint Ownership: Where possible, offer options for joint ownership of land in resettlement areas, allowing displaced communities to retain a stake in the development process.

3. Sustainable Rehabilitation & Livelihood Restoration

  • Livelihood Training: Provide comprehensive skill development programs tailored to the local context and market demands. These programs should be demand-driven and offer guaranteed employment opportunities.
  • Alternative Livelihood Options: Explore and support alternative livelihood options beyond traditional agriculture, such as handicrafts, tourism, or small-scale enterprises.
  • Access to Credit & Resources: Facilitate access to credit, microfinance, and other financial resources to enable displaced families to start new businesses or engage in income-generating activities.
  • Infrastructure Development: Ensure adequate infrastructure in resettlement areas, including schools, healthcare facilities, sanitation, and access to clean water.
  • Land for Land: Prioritize ‘land for land’ resettlement wherever feasible, providing equivalent or better quality land in a suitable location.

4. Community Participation & Grievance Redressal

  • Community Ownership: Involve displaced communities in the planning and implementation of rehabilitation programs. Establish community-based monitoring committees to oversee the process.
  • Transparent Grievance Redressal: Establish a robust and transparent grievance redressal mechanism with clear timelines and accessible procedures.
  • Legal Aid: Provide free legal aid to displaced persons to ensure they can effectively assert their rights.

5. Legal & Institutional Framework

  • Strengthening the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Address loopholes and ambiguities in the 2013 Act through amendments and judicial interpretations.
  • Dedicated Rehabilitation Authority: Establish a dedicated national-level Rehabilitation Authority with sufficient powers and resources to oversee the implementation of the policy.
  • Regular Monitoring & Evaluation: Conduct regular monitoring and evaluation of rehabilitation programs to assess their effectiveness and identify areas for improvement.

Example: The Sardar Sarovar Dam project in Gujarat exemplifies the challenges of displacement and inadequate rehabilitation. Despite legal provisions, many displaced families faced prolonged delays in compensation and struggled to rebuild their lives. A more proactive and community-centric approach, as outlined above, could have mitigated these negative consequences.

Conclusion

Addressing the ethical concerns surrounding displacement requires a paradigm shift from a purely economic perspective to one that prioritizes social justice and human dignity. A comprehensive compensation-cum-rehabilitation policy, grounded in the principles of equity, participation, and sustainability, is essential. Investing in the well-being of displaced communities is not merely a moral imperative but also a crucial step towards inclusive and sustainable development. The policy must be dynamic, adapting to the specific needs of each situation and ensuring that the benefits of progress are shared by all, not just a select few.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Social Impact Assessment (SIA)
A process of analyzing, managing and mitigating the social consequences of planned interventions (policies, programs, projects) to ensure that the potential adverse impacts are minimized and the benefits are maximized.
Resettlement and Rehabilitation (R&R)
The process of relocating displaced persons and providing them with the means to rebuild their lives, including compensation, housing, livelihood opportunities, and access to essential services.

Key Statistics

According to a 2018 report by the Rights and Risks Analysis Group (RRAG), India has displaced over 65 million people since independence due to development projects.

Source: Rights and Risks Analysis Group (RRAG), 2018

A study by the Indian Council of Social Science Research (ICSSR) found that approximately 25% of displaced persons in India live below the poverty line after resettlement.

Source: Indian Council of Social Science Research (ICSSR), 2010 (Knowledge Cutoff)

Examples

Narmada Bachao Andolan

The Narmada Bachao Andolan (NBA) was a social movement opposing the construction of large dams on the Narmada river, highlighting the displacement and environmental impacts faced by local communities.

Frequently Asked Questions

What is the role of the state government in land acquisition?

State governments are primarily responsible for implementing land acquisition laws and policies. They are responsible for identifying land, negotiating with landowners, and providing compensation and rehabilitation benefits.