Skip to main content

Need to put up demand to send Land Acquisition Bill to Parliamentary Committee

By Venkatesh Nayak*
The Government of India officially announced in the Lok Sabha on April 30, 2015 that it will table the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Bill, 2015 (Land Bill) next week to replace the Ordinance that was promulgated for the second time on 03 April, 2015. This Land Ordinance is already operational and the Bill seeks to replace the Ordinance which amends the Land Acquisition Act (LARR Act) passed by Parliament in 2013 in many crucial areas. There are only three days left for the Lok Sabha to conclude its business next week starting May 5.
No formal public consultation yet on the amendment proposals. Neither the Department of Land Resources which has the responsibility for all matters relating to land acquisition law under the Allocation of Business Rules, 1961 nor any other department of the Government of India has sought people’s views on the proposals to amend LARR Act. This is a violation of Government of india’s own Pre-Legislative Consultation Policy (PLCP) adopted in January 2014 (click HERE to read).

The PLCP makes it mandatory for every department to:

  • “2… publish/place in public domain the draft legislation or at least the information that may inter alia include brief justification for such legislation, essential elements of the proposed legislation, its broad financial implications, and an estimated assessment of the impact of such legislation on environment, fundamental rights, lives and livelihoods of the concerned/affected people, etc. Such details may be kept in the public domain for a minimum period of thirty days for being proactively shared with the public in such manner as may be specified by the Department/Ministry concerned.
  • Where such legislation affect specific group of people, it may be documented and disclosed through print or electronic media or in such other manner, as may be considered necessary to give wider publicity to reach the affected people….
  • The summary of feedback/comments received from the public/other stakeholders should also be placed on the website of the Department/Ministry concerned….
  • The summary of pre-legislative process should also be placed before the Department Related Parliamentary Standing Committee by the Department/Ministry concerned when the proposed legislation is brought to the Parliament and is referred to the Standing Committee.
  • If the Department/Ministry concerned is of the view that it is not feasible or desirable to hold pre-legislative consultation as detailed above, it may record the reasons in the note for the Cabinet.”
So the requirement under PCLP is to place all details of the likely impact of the amendment proposals and seek people’s views. To the best of my knowledge no formal effort has been made in this regard. Further, there is no call for discussing the amendment proposals on the much touted public consultation platform. Instead one interesting topic mooted for discussion on this platform amongst several is: “Share your views for promotion of fabrics for fashion industry”. If readers know of any formal effort to seek people’s comments on the Land Bill, please enlighten me.
Apart from not complying with the requirements of PLCP, the Department of Land Resources has also refused to disclose the Cabinet Note relating to the Land Ordinance despite many of us asking for it under the RTI Act.

What can citizens do to demand formal public consultation on the Land Bill?

While there are many critics of the proposed changes to the land acquisition law, there are several others who support it. Parliament must have the benefit of all views and opinions on the subject before it makes an informed decision on the amendment proposals – whether to approve, further amend or reject.
Parliament has also created a mechanism for seeking people’s views on fresh Bills or proposals to amend existing laws- namely, referral to the Department-related Standing Committee. In this case the appropriate mechanism is the Department-related Parliamentary Standing Committee on Rural Development chaired by Shri Hukum Dev Narayan, MP (BJP). This committee has 21 members from the Lok Sabha and 10 members from the Rajya Sabha belonging to all major political parties click HERE to read).
As citizen taxpayers who are likely to be affected directly or indirectly by the proposals to amend the land acquisition law, everybody in India has the right to demand that the Land Bill be referred to the Standing Committee on Rural Development. The Speaker of the Lok Sabha has the power to refer the amendment Bill to this Committee if there is enough demand from the MPs and concurrence from the Government of India.
Here are several things you can do:
1) Tweet the message below from your Twitter account NOW:
“Land Bill must be sent to the Rural Development Parliamentary Committee” (70 characters)
2) Email the message below to the Lok Sabha Speaker’s Office at this address: speakerloksabha@sansad.nic.in and cc to s_mahajan@nic.in NOW
“Madam Speaker,
WE, THE PEOPLE OF INDIA, have not been consulted on the land acquisition amendment Bill. So, we urge you to send this Bill to the Department-related Parliamentary Standing Committee on Rural Development for deeper discussion and wider public consultation.
(Your name)”
Please feel free to translate this message into your language before emailing it.
3) Fax this message to the Lok Sabha Speaker’s Office at: 011-23792927,NOW
“Madam Speaker,
WE, THE PEOPLE OF INDIA, have not been consulted on the land acquisition amendment Bill. So, we urge you to send this Bill to the Department-related Parliamentary Standing Committee on Rural Development for deeper discussion and wider public consultation.
(Your name and signature)”
Please feel free to translate this message into your language before faxing it.
4) SMS this message to your Lok Sabha MP, NOW:
“Please urge the Lok Sabha Speaker to send the Land Acquisition Bill to the Parliamentary Standing on Rural Development for wider consultation.” (141 characters)
Please feel free to translate this message into your language before SMSing it.
5) Those of you who are registered on the Prime Minister’s website (pmindia.gov.in) please send the following message, NOW:
“WE, THE PEOPLE OF INDIA, urge you to recommend to the Lok Sabha Speaker to send the Land Acquisition Bill to the Parliamentary Standing Committee on Rural Development for widespread public consultation.”

*Programme Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative, New Delhi

Comments

TRENDING

70,000 migrants, sold on Canadian dream, face uncertain future: Canada reinvents the xenophobic wheel

By Saurav Sarkar*  Bikram Singh is running out of time on his post-study work visa in Canada. Singh is one of about 70,000 migrants who were sold on the Canadian dream of eventually making the country their home but now face an uncertain future with their work permits set to expire by December 2024. They came from places like India, China, and the Philippines, and sold their land and belongings in their home countries, took out loans, or made other enormous commitments to get themselves to Canada.

Kerala government data implicates the Covid vaccines for excess deaths

By Bhaskaran Raman*  On 03 Dec 2024, Mr Unnikrishnan of the Indian Express had written an article titled: “Kerala govt data busts vaccine death myth; no rise in mortality post-Covid”. It claims “no significant change in the death rate in the 35-44 age group between 2019 and 2023”. However, the claim is obviously wrong, even to a casual observer, as per the same data which the article presents, as explained below.

PM-JUGA: Support to states and gram sabhas for the FRA implementation and preparation and execution of CFR management plan

By Dr. Manohar Chauhan*  (Over the period, under 275(1), Ministry of Tribal Affairs has provided fund to the states for FRA implementation. Besides, some states like Odisha, Chhattisgarh and Maharashtra allocated special fund for FRA implementation. Now PM-JUDA under “Dharti Aaba Janjatiya Gram Utkarsh Abhiyan(DAJGUA) lunched by Prime Minister on 2nd October 2024 will not only be the major source of funding from MoTA to the States/UTs, but also will be the major support to the Gram sabha for the preparation and execution of CFR management Plan).

Operation Kagar represents Indian state's intensified attempt to extinguish Maoism: Resistance continues

By Harsh Thakor Operation Kagar represents the Indian state's intensified attempt to extinguish Maoism, which claims to embody the struggles and aspirations of Adivasis. Criminalized by the state, the Maoists have been portrayed as a threat, with Operation Kagar deploying strategies that jeopardize their activities. This operation weaves together economic, cultural, and political motives, allegedly with drone attacks on Adivasi homes.

How Amit Shah's statement on Ambedkar reflects frustration of those uncomfortable with Dalit assertion, empowerment

By Vidya Bhushan Rawat*  Dr. B.R. Ambedkar remains the liberator and emancipator of India’s oppressed communities. However, attempts to box him between two Brahmanical political parties betray a superficial and self-serving understanding of his legacy. The statement by Union Home Minister Amit Shah in the Rajya Sabha was highly objectionable, reflecting the frustration of those uncomfortable with Dalit assertion and empowerment.

This book delves deep into Maoism's historical, social, and political dimensions in India

By Harsh Thakor*  "Storming the Gates of Heaven" by Amit Bhattacharya is a comprehensive study of the Indian Maoist movement. Bhattacharya examines the movement's evolution, drawing from numerous sources and showcasing his unwavering support for Charu Mazumdar's path and practice. The book, published in 2016, delves deeply into the movement's historical, social, and political dimensions.

Ideological assault on dargah of Sufi Saint Khwaja Moinuddin Chishti will disturb pluralistic legacy: Modi told

Counterview Desk Letter to the Prime Minister about "a matter of the utmost concern affecting our country's social fabric": *** We are a group of independent citizens who over the past few years have made efforts to improve the deteriorating communal relations in the country. It is abundantly clear that over the last decade relations between communities, particularly Hindus and Muslims, and to an extent Christians are extremely strained leaving these latter two communities in extreme anxiety and insecurity.

Defeat of martial law: Has the decisive moment for change come in South Korea?

By Steven Lee  Late at night on December 3, soldiers stormed into South Korea’s National Assembly in armored vehicles and combat helicopters. Assembly staff desperately blocked their assault with fire extinguishers and barricades. South Korea’s President Yoon Suk Yeol had just declared martial law to “ eliminate ‘anti-state’ forces .”