Six
Rights of the Vulnerable
REHABILITATION OF PEOPLE DISPLACED BY MEGA PROJECTS
6.1 A number rf complaints were received by the Commission alleging inadequacies
or indifference m the rehabilitation of communities, more particularly the members
of disadvantagec groups, when they have been displaced or otherwise adversely affected
by mega development projects. The Commission is of the view that it is essential to
balance development with greater justice and equity, the national interest with the
interests and dignity of those who are required to yield their lands, and sometimes, the
very basis of thei individual and communal personality for the interests of the nation.
The CommissioB accordingly called for a comprehensive examination of the prevailing
rehabilitation pe-licies. It urged, in particular, that the Central and State Governments
examine and appropriately amend their laws, regulations and practices in order to ensure
that when it comes to the acquisition of land for the purpose of national economic
development, tLe provisions of the Constitution as expanded over the years by the
Supreme Court,and as contained in international instruments to which India is a party,
notably the ILO Convention 107, are respected.
6.2 In pursuance of the Commission's recommendation to formulate a comprehensive
national policy o» rehabilitation and resettlement, the Central Government has formulated
a draft policy, upon which the Commission has itself commented. This is, at present,
being considered by a group of ministers for fmalisation by the Government.
Kablnl Reservoir Pro^t, Kamataka
6.3.1 The Coronission had initiated action in respect of 108 affected tribal families
awaiting rehabilkation in this project. The Commission's Special Rapporteur undertook
a visit to the satlements of the affected tribals and held discussions with the State
Government offcials. Based on that, the Commission directed the verification of the
particulars of the persons who had been displaced but had not been compensated for
the loss of the la»d. The Commission also directed the State Government to check details
on whether the land released for rehabilitation was actually used for that purpose.