In defense of land rights: A monitoring report on land conflicts in six Asian countries
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There are laws enacted in India that are meant to protect the rights of the
indigenous groups and farmers. These laws include the Forest Rights Act
of 1927, Land Acquisition Act of 2013, the Nazool Land (Transfer) Rules of
1956, and the Punjab Village Common Land Act of 1961. However, poor
implementation of these laws seems to be the major complaint of the affected
parties and land reform advocates. Weak implementation results in land
rights violations. The most common violations are encroachment on tribal
lands, land grabbing, and illegal acquisition of private and community-owned
lands. These result in the evacuation and displacement of farmers and forest
dwellers, denying them of their habitat and source of livelihood. In some
cases, physical and psychological human rights violations are also committed,
such as harassment, damage to property, and even killings.
THE ECONOMICS OF LAND CONFLICT AND CONCLUSION
According to a 2016 study by Rights and Resources Initiative (RRI) and Tata
Institute of Social Sciences (TISS), around 12 trillion rupees (approximately
US$ 170M) worth investment was tied-up in various land conflicts in India.
According to another study by RRI and Bharti Institute of Public Policy, Indian
School of Business (ISB), 14 percent of almost 40,000 projects initiated
between January 2000 and October 2016 were stalled due to land acquisition
conflicts. This study notes that projects most likely to be stalled are power
projects (including dams), followed by various industrial projects and mining
activities (RRI and ISB, 2016).
While most of the conflicts analyzed in this study have been going on for up to
ten years, there are also many conflicts that have been festering for decades.
Such long delays usually lead to the huge increases in the costs incurred by
the companies making the investment. Further, out of the entire initial cost of a
project, proper land acquisition should not cost more than two to five percent.
However, this aspect is often overlooked, and new methods are devised to get
around with the rights of the people under the Land Acquisition Act of 2013.
ANGOC
Also, whenever a development project is being undertaken by ignoring the
rights of people, a new class of landless poor population is created in the
country. Landlessness pushes people into poverty and most of the time, they
remain as targets for displacement again and again. Although land investment
projects lead to higher GDP, the real situation in terms of per capita income
remains very bleak. This is one of the most important factors behind the
widening economic inequality in the country.
The government is trying to attract as much foreign investment as possible,
and for this reason it is always trying to circumvent policies that defend the
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