Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

between preservation of the environment and economic development has not


proved easy or uncontroversial, as the Vedanta and Posco project operations in


the state of Orissa show.^100 The Planning Commission has set the following targets


for the eleventh five-year plan: to increase forest and tree cover by five percentage


points, to attain the WHO standards of air quality in all major cities by 2011 – 12 ,to


treat all urban waste water by 2011 – 12 in order to clean river waters, and to increase


energy efficiency by 20 per cent by 2016 – 17.^101


Acquisition of land by the government for development purposes raises a


number of human rights issues and has proved to be quite controversial in the


recent past, e.g. the acquisition of land by the West Bengal government in Singur


for Tata’s car manufacturing unit.^102 Currently, this power is governed by the Land


Acquisition Act of 1894. This law empowers the government to acquire


private land ‘for public purposes’ or ‘for companies’ by following the procedure


laid down therein and on payment of compensation. The government had intro-


duced a bill in 2007 to address some of the criticisms levelled against its land


acquisition practices.
103
The bill, however, lapsed. The government has now


introduced the Land Acquisition, Rehabilitation and Resettlement Bill 2011.
104


This bill seeks


to ensure a humane, participatory, informed, consultative and trans-


parent process for land acquisition for industrialisation, development


of essential infrastructural facilities and urbanisation with the least


disturbance to the owners of the land and other affected families and


provide just and fair compensation to the affected families whose land


has been acquired.^105


It also proposes ‘to make adequate provisions for such affected persons for their


rehabilitation and resettlement’.


There are several other bills on important issues that have been introduced and/


or passed in parliament in the last few years. The National Food Security Bill 2013


seeks to provide adequate and safe food to the selected groups of people ‘through-


out the life cycle’ (i.e. from pregnancy to old age). Special provisions are proposed


to ensure a supply of free food to destitutes, homeless people, those affected by


disaster or people living in starvation. If properly implemented, this law should go a


long way toward providing food to a significant population that stands to be


excluded from reaping the benefits of the free-market economy.


(^100) See International Commission of Jurists (ICJ),Access to Justice: Human Rights Abuses
Involving Corporations – India(Geneva: ICJ, 2011 ), pp. 44 – 7 , 70 – 2.
(^101) Planning Commission of India,Mid-term Appraisal,p. 453.
(^102) See Suchita Mazumdar, ‘Development through displacement: a study of Singur, West
Bengal’, in K.R. Gupta (ed.),Special Economic Zones: Issues, Laws and Procedures(New
Delhi: Atlantic Publishers, 2008 ), p. 88.
(^103) See ICJ,Access to Justice,p. 67. (^104) Bill No 77 of 2011. (^105) Ibid., Long Title.


The Indian constitution in the twenty-first century 359

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