people from their lands – causing them not only to lose their homes and sources
of livelihood but also shattering their culture and kinship linkages built over
several generations.
Businesses undertake large-scale displacement of rural families without
rehabilitation owing to their interests in Special Economic Zones (SEZs). For
large infrastructure projects, including dams, ports, mines, and environmental
conservation projects, large and tax-free areas are designated as such. Majority of
resource-rich areas are inhabited by indigenous peoples who face the onslaught
of natural resource extraction projects. States like Chhatisgarh, Jharkhand,
Andhra Pradesh, Odisha, and the north-eastern States of Manipur, Meghalaya,
Sikkim, Arunachal Pradesh, Mizoram, and Tripura, in particular, face acute threats
of displacement due to such projects. The Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest Rights) Act of 2006, aimed at recognizing
rights of forest dwellers, is not being adequately implemented and many tribals
are being denied their right to forest resources.
Rehabilitation measures extended to affected communities have been
unsatisfactory and inadequate. The living conditions of those displaced remain
deplorable, characterized even by lack of basic facilities.
Since the early 2000s India has witnessed an alarming number of farmer
suicides with a baseline of 15,000 each year primarily due to indebtedness and
agrarian distress. Hunger among the producers of food is a reality in a country
that ranks second worldwide in farm production. Liberalized trade, patenting of
agricultural products, and the introduction of Genetically Modified Organisms
(GMOs) under the draft Biotechnology Regulatory Authority of India Bill, could
further aggravate India’s food crisis.
It is because of these factors weighing heavy upon the basic human rights of
the farmers that a comprehensive Business and Human Rights (BHR) framework
is required in India’s agricultural sector. In keeping with the context of the three
pillars of UNGP BHR:
1. There is an urgent need for the State to take responsibility to protect
the human rights of the marginalized farmers and tribals against
abuse by third parties. As there is a lack of a legal framework and
zero accountability, business enterprises continue with the rampant
exploitation. There is a need for the State to have a framework wherein
it can prevent, investigate, punish, and redress the abuse by private
actors.
ANGOC and KPA
45
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