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Housing Mumbai's Poor Affordable, Alternative Housing Policy Globalisation and Impact on the Poor Polemics of Urban Space Strategies to Combat Post-Evictions

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Housing Mumbai's Poor Affordable, Alternative Housing Policy Globalisation and Impact on the Poor Polemics of Urban Space Strategies to Combat Post-Evictions garibi hatao se garibon ko hatao ... eviction watch india-H editors sushil george I suresh nautiyal human rights law network socio legal information centre new delhi-ll0014, india HRLN Vision To protect fundamental human rights, increase access to basic resources for the marginalised communities, and eliminate discrimination. To create a justice delivery system that is accessible, accountable, transparent, efficient and affordable, and works for the underprivileged. Raise the level of pro bono legal expertise for the poor to make the work uniformly competent as well as compassionate. Professionally train a new generation of public interest lawyers and paralegals who are comfortable in the world of law as well as in social movements, and who learn from social movements to refine legal concepts and strategies. © Socio Legal Information Centre* Published by Human Rights Law Network (HRLN) A division of Socio Legal Information Centre 65, Masjid Road, Jangpura New Delhi – 110014, India Ph: +91-11-24319854-56 E-mail: [email protected] ISBN 81-89479-16-4 Eviction Watch India-II: November 2006 (Second report) Compiled by Sushil George Edited by Sushil George | Suresh Nautiyal Cover Design Pavitra Tuladhar Layout Hardeo Sharma Cover photo: Section of the collage depicts a child dehoused. The municipal corporation of Delhi demolished more than 284 houses in Bhatti Mines' Indira Colony slum followed by the Supreme Court orders. (Courtesy- The Indian Express photo by Vikram Sharma April 21, 2006). Suggested contribution: INR 350, USD 35 Printed by HRLN at ................. publications. Disclaimer The views and opinions expressed in this publication are not necessarily the views of the HRLN. Although every effort has been made to avoid errors, omissions, and inaccuracies, the HRLN takes responsibility for inadvertent errors or discrepancies that may remain nonetheless. *Any section of this volume may be reproduced without prior permission of the Human Rights Law Network for public interest purposes with appropriate acknowledgement. This volume is dedicated to the memory of our colleague, comrade and friend Rajeev John George, who inspired several people enaged in the movement for housing rights. Rajeev had played a critical role in the national campaign against forced evictions. His vision was that all urban inhabitants should have their share of space, sky and basic civic amenities. Acknowledgments This book is an outcome of the collective work of the various organisations and individuals working towards right to housing and campaign against forced evictions in major Indian cities. We would, foremost, like to acknowledge Mr Colin Gonsalves for his intellectual support and encouragement for bringing out this publication. We would like to especially thank Mr PK Das, Ms Deepika D’souza, Dr Harsh Dobhal, Prof K Shanmugavelayutham, Mr Indu Prakash Singh, Mr Lalit Batra and advocate SH Iyer for providing constructive solutions, strategies and critical review of the present housing policies. We sincerely thank Ms Binda Sinha for collecting all international case laws on the right to housing and Ms Bedoshruti Sadhukhan for her vital inputs in bringing out the volume. We would also like to thank Mr Shantanu Duttagupta for his ideation with regard to visual inputs. Our many thanks to all housing rights activists and organisations who have helped us in the compilation of this volume, especially to: Mr Aswaq Mohammed and Mr Jeevan Kumar from CHATRI, Hyderabad; Kirity Roy from MASUM; Jan Sanhati Kendra and Ucchhed Birodhi Jukta Moncha, Kolkata; Ms D Leena from the Hazard Centre, New Delhi; Mr Sanjay Sangvai from the National Alliance of Peoples Movements; Mohd Pathan of the Sabarmati Nagrik Suraksha Samiti; Ms Beena Jadhav, ActionAid, Ahmedabad; and Mr M Venkateswarulu and Laxmi from Slum Dwellers Welfare Union, Visakhapatnam. (iv) Eviction Watch India - II Preface here has been an increasing consciousness among the global civil society groups on the seriousness of Thousing and displacement crisis, deepening especially in Asia, Latin America and Africa. It is, however, difficult to measure the seriousness of the problem if one does not look for an efficient means of solving it. At the start of the new millennium, India witnessed one of the largest urban displacements. In Mumbai 300,000 and in Delhi 150,000 persons have been brutally displaced. Similarly, in other cities and towns, forced evictions are driving millions of urban poor into homelessness, destitution and vulnerability. The demolition squades raze structures often without notices; arrive at the residential sites during night or early in the morning, even when menfolks are away for their daily works and only children are at homes. In New Delhi and other major cities, such people are denied tenurial rights and are either forced to become homeless or are dumped 40-50 kilometres away at remote places. Globally, about one billion people are living in slums and informal settlements. Slum dwellers make up over 40 percent of the total population in the cities of Asia, Africa and Latin America. According to the Census 2001, India’s total urban population is 285.35 million, with approximately one-third characterised as the poorest and most vulnerable in terms of housing and basic amenities. The Human Rights Law Networks (HRLN), in collaboration with different organisations, has been advocating and campaigning for the right to housing through workshops, campaigns and legal interventions. The first report of Eviction Watch India (EWI) was released in January 2003 at the Asian Social Forum in Hyderabad. This volume provides trends of forced evictions taking place in major cities like Mumbai, Delhi, Chennai, Kolkata, Hyderabad, Ahmedabad and Visakhapatnam. The second edition of the EWI also hopes to facilitate the establishment of a network and linkage with organisations of other cities by providing basic information for advocacy and campaigns to consolidate solidarity with urban struggle groups across India. This volume presents to the global civil society the magnitude of the problem of forced evictions and associated economic and human costs rendered by such inhuman actions. The articles included in the volume are contributions of professors, lawyers, professionals, journalists, planners, architects and activists, who have recommended a comprehensive strategy to protect housing rights in accordance with the provisions of the Constitution of India and the various United Nations Resolutions for adequate housing to all sections of society, as this can bridge the gaps in policies and practices related to housing. We express our sincere gratitude and acknowledgment to Late Rajeev John George who had played a significant role in releasing the first report of the Eviction Watch India. His memory, solidarity and valuable contribution to the housing rights struggle will always be imprinted in our minds and hearts. Sushil George Housing Rights Initiative Human Rights Law Network, India (v) Eviction Watch India - II Contents Acknowledgments.......................................................................................... (iv) Preface............................................................................................................... (v) List of acronyms and special terms.......................................................... (viii) List of tables.................................................................................................... (ix) List of annexures............................................................................................ (x) Introduction..................................................................................................... (xi) Executive summary........................................................................................ (xiii) Section I: City overviews 15. Strategies to combat forced evictions 1. Right to housing – the Indian experience Dr K Shanmugavelayutham 89 Colin Gonslaves 5 Section III: The JNNURM critique 2. Dehousing the poor from the national capital 16. The Jawahar Lal Nehru National Urban Delhi report 17 Renewal Mission 93 3. Rehabilitation no solution Bedoshruti Sadhukhan 25 17. Mission imposed on the people! Sushil George 95 4. Demolition spree in Mumbai Mumbai report 31 18. Urban renewal or urban apartheid? Lalit Batra 99 5. The World Bank Inspection Panel report 41 19. Pro-poor city planning 101 6. Rehabilitation in disarray Chennai report 48 Section IV: The court judgments 20. Judicial activism and rights of the poor 7. No rehabilitation for the displaced SH Iyer 107 Kolkata report 53 8. Struggle of Mussi river inhabitants 21. The judgments 114 Hyderabad report 57 Section V: The housing legislations 9. Costal regulatory zone violations 22. The legislations 126 Visakhapatnam report 61 Section VI: International instruments 10. Grabbing the riverside land 23. International laws Ahmedabad report 63 Binda Sinha 129 Section II: Review papers 24. The housing rights case laws 151 11. Housing Mumbai’s poor – myths and realities 25. The UN Housing Rights Programme 165 Deepika D’souza 70 26. Guidelines on development-based evictions 12. Affordable alternative housing policy and displacement PK Das 75 Milloon Kothari 166 13. Globalisation and impact on the urban poor Harsh Dobhal 77 Section VII: The Declarations 14. Polemics of urban space 27. Delhi Declaration 171 Indu Prakash Singh 80 28. World Charter on the Right to the City 174 References 182 (vii) List of acronyms and special terms AAA Ashrai Adhikar Abhiyan
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