of public purpose, human rights are often
Gaps in land policies and
violated. Unfair compensation, threat to
administrative hindrances
life, and use of force to push people out
of the area to be acquired are some of the
have increased with more
instances of human rights violations. The
agricultural investment for
arbitrary manner of land acquisition leads
corporate benefits. This has
to land conflict.
resulted in human rights
There are 660 land conflicts currently
abuses among agricultural
ongoing in India (Land Conflict Watch, n.d.).
farmers and indigenous
Most land acquisition schemes are carried
communities.
out in common lands, which affects a
large number of people. The area of lands
acquired varies from five to fifty lakhs (500 thousand to 5 million hectares).
The Land Acquisition Act of 1894 is in place, but it is full of loopholes and
has undergone many amendments. The National Human Rights Commission’s
stakeholders’ report for India’s Second Universal Periodic Review (UPR) states
that “usually those displaced are given neither adequate relief nor the proper
means of rehabilitation” (Chodavadiya, n.d.).
Even the Constitution of India, under Article 46, provides that the State
shall promote with special care the education and economic interest of the
disadvantaged members of the population, and in particular the Scheduled
Castes and Scheduled Tribes, and shall protect them from social injustice and all
forms of exploitation. In almost all land acquisition cases, the victims of land
acquisition are the marginalized. Hence, if they get evicted from their land, there
would be great social injustice towards them (Debbarma, 2015).
Rise of Business and Human Rights Violations in the Agricultural Sector
Gaps in land policies and administrative hindrances have increased with
more agricultural investment for corporate benefits. This has resulted in human
rights abuses among agricultural farmers and indigenous communities.
Various basic and heavy industries were created in order to boost India’s
economic growth. While these projects boosted productivity, they gave rise to
a spate of violations of human rights of farmers and tribal communities as their
lands were converted for industrial purposes. These projects no doubt helped
a lot in achieving the goals of the State like power generation, flood control,
and irrigation. However, these projects physically uprooted a sizable number of
44
Upholding Land Rights amidst the Land Rush
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents