Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai, India
Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai, India
Development and destruction are two halves of a whole. As nations undertake various development activities for larger public purposes, the inevitable result of such mega development projects is the mass displacement of the people. People are forced to leave their homes in a development-driven form of forced migration which is known as Development-induced displacement and resettlement (DIDR). Historically, the development occurs in the form of construction of dams, mining, agriculture, the creation of military installations, airports, industrial plants, weapon testing grounds, railways, road developments etc. Although it is universally accepted that every human has a right to just and sustainable development, development processes as they are implemented, affect vulnerable groups in numerous ways. Primary among these groups are the tribals and scheduled castes. When displaced persons lose their connection to historical, religious, symbolic or spatial locations resulting from forced migration it causes psychological stress, helplessness and distrust towards their government and humanitarian groups and diminishes cultural identity. About fifteen million people each year are forced to leave their homes because of public and private development projects and that number keeps on increasing as countries move from developing to developed nations. Compensation and rehabilitation policies designed to mitigate effects of displacement are often unsuccessful. This is largely due to corruption of bureaucrats, undervaluation of resources, and lack of involvement of displaced persons in the planning process. Tribal community’s rights to life, health and dignity are trampled because of land alienation, loss of access and control over forests, enforced displacement due to development projects and lack of proper rehabilitation. The State's right of "eminent domain"—the power of a State to take private property for public use—needs to be balanced with people’s right to home and property. Proper measures have to be taken for the compensation, rehabilitation and resettlement of the displaced community. This research focuses, primarily, on how Development-induced displacement and resettlement (DIDR) occurs, Secondly, on the protection of tribal communities’ rights against arbitrary development processes and thirdly, on policies adopted by the Government regarding compensation, rehabilitation and resettlement. Throughout the paper emphasis is laid on how the State has to balance people’s right to just and sustainable development with people’s right to home and property.
Research Paper
International Journal of Law Management and Humanities, Volume 7, Issue 4, Page 629 - 641
DOI: https://doij.org/10.10000/IJLMH.118038This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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