1 Editorial? The subsequent decades after independence have seen a process of institutionalisation of a democratic A fter India got independence in 1947, there were political society, but the class character of the state various pronouncements about the likelihood of it has remained feudal and hierarchical, with a clear collapsing, becoming a failed state, and breaking up continuation moreover, of colonial structures and again, on account of the weight of its own internal cultures of governance. Simultaneously however, those contradictions. The scale of the attempt to establish, who have historically been at the margins of social, in such a huge, diverse, and deeply segmented society, political, and economic power - Dalits, landless formal democracy with all its paraphernalia of a farmers, the marginal peasantry, Adivasis, and workers, parliament, universal franchise, an independent and women - have, all over the country, and through judiciary, was something that had never been tried myriad actions, constantly challenged the power and before. Sixty-two years on, India survives as a legitimacy of this feudal, hierarchical, and colonial state democracy (some say ‘thriving’, others are more and underlined its constitutional responsibilities. restrained), and is now even touted widely as an These struggles have been expressions of the needs emerging super power on the world stage. The of the time and of interest groups and developments reasons for this happening are many, but one of the at the local, regional, national, and global levels. And important – little recognised but crucial – has been the they have on several occasions and in several contexts contributions that numerous people’s movements expanded upon and given new meaning to rights, have made over the decades to the democratisation of justice, freedoms, and development. state power and traditional social hierarchies and to a The development path followed over the years has vibrant civil society and media, and to the catered only to a small section of population while the implementation of the principles of rights, justice, and affected majority comprising of small farmers, landless freedom that are enshrined in the Indian Constitution. workers, artisans, labourers, slum dwellers, dalits, è Contents......... Farce of R&R Bill and Land Acquisition Amendments 03 Editorial Team SEZ’s, a Sell-Out to the Powerful 06 S.R.Darapuri The Lavasa Hill Township Project : Company Raj 08 Joe Athialy Madhuresh Kumar Opening Space for Sexual Minority Rights 12 Mukta Srivastava Love in the Age of ‘Moral’ Policing! 15 C.Balakrishnan Clifton D’Rozario Free Market and Right to Education 17 Siddharth Narrain Fishing for the Food Safety Net 21 Rahul Pandey People Caught Between the State and Maoists in Lalgarh 22 è On the Birth Centenary of Dr. Lohia 23 Advisory Team Sri Lanka: What Lies Ahead? 26 Medha Patkar Manmohan Singh Breaks New Path in Indo-Pak Relations 27 Aruna Roy A T Babu’s Martyrdom: Anti-Liquor Movement in Karnataka 28 Sister Celia S.G.Vombatkere Reports & Statements (Narmada, Forest, Metro, Right to Food, Garbriele Dietrich S.R.Suniti Climate Policy, Dalits, Assault on Shamim) 31-53 Sandeep Pandey From Mainstream Media 54-57 U.R.Ananthamurthy Trilochan Sastry NAPM News 58 Ajit Sahi Where Do We Go From Here 60 Neelabh Mishra è Movement of India è June - September, 2009 1 2 adivasis and women have consistently sacrificed those who are affected by it and in whose names it is whatever little they had. While they have been being justified. It is important that any genuine process contributing to the nation’s growth and wealth with their of people-centred development should summarily labour, the rich and powerful continue to amass wealth, understand people’s traditional and customary capture more power and keep feeding the middle ownership rights over natural resources. Article 243 of classes. Independent, sovereign and modern India has the Constitution and the 73rd and 74th amendments failed to recognize and even attempt to record the should be the corner stone for developing a humane, number of people who were forced to sacrifice their just and sustainable development policy. lives, livelihood and dignity in the pursuit of constructing This issue of MOI is an attempt in contributing to dams, mines, highways, railways, industries and other the development debate, the struggles against infrastructure development. This has been further displacement at various fronts and our critiques of this accelerated with the process of economic globalization blind folded path of no return followed by our and liberalization, which are driving forces in shaping governments. We hope you would appreciate the effort our development paradigm. The sad reality is that as a and look forward to hearing from you. The editorial team nation we have failed to undo the historical injustice is trying hard to bring the magazine with regularity so meted out to the marginalised and the poor, who have thanks for bearing with us in this transitory phase. continued to sacrifice for ‘national development’. Zindabad ! The process of development planning cannot be lopsided. 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Phone: +91 97317 38131; Email: [email protected] + In case of outstation (outside Bangalore) cheque please add Rs. 55 towards Bank charges 2 June - September, 2009 è Movement of India 3 Old Wine in New Bottle - The farce of R&R Bill and Land Acquisition Amendments Vijayan M J A n old adivasi elder from the Narmada valley one “public purpose” has been subsequently used once asked a group of eminent citizens visiting the for another and the status of the rehabilitation of the valley a pertinent question, pointing to an old tree. displaced persons as a result of such acquisition. He asked them whether it was possible for the Gov- In a democratic country, this much is a must before ernment to rehabilitate the tree, by cutting it from enacting any amendments in LAA or bringing in the the place, taking it to another location and replant- R&R Bill in the Parliament. ing the old tree’s roots and stem. The Land Acquisition Act, 1894 is a colonial Then with both tears and de- legacy which successive gov- termination in his eyes, the tribal ernments of post-colonial India elder added; “adivasis are like this have refused to shrug off. It is tree, you cannot replant us any- based on the principle of ‘Emi- where else, without killing us”. nent Domain’ which essentially Using the renewed mandate, refers to the power possessed UPA government led by Dr. by the state over all property Manmohan Singh is abusing the within its territory, specifically ‘Aam Admi’ to give cover for the its power to appropriate private interests of the corporates and the property for a ‘public purpose’. elite class. The way the new draft The Act and the principle have legislations of Resettlement & Re- A banner at a demonstration in Delhi been defended so far by stat- habilitation (R&R) and amend- ing the Welfare state’s primacy ments to Land Acquisition Act (LAA) are drafted over all natural resources as opposed to the right to and the way in which definitions like ‘Public Pur- individual ownership. Historically however, the leg- pose’ have been redrafted to accommodate inter- islation and the concept of ‘eminent domain’ have ests of Private Companies and individuals, it is clear been used to deprive the poor of the meagre re- that UPA is using its renewed mandate to eliminate sources of livelihood, render the agriculturists land- the very people who elected them to power. less and to take away the rights traditionally exer- Issues relating to Land Acquisition as well as cised by local communities over all natural re- Resettlement & Rehabilitation have been discussed sources. Recent years have seen a growing con- and debated for several years now. However no pro- cern on the manner in which this power has been cess of thorough stock taking has yet been initi- exercised by the Government only for the benefit of ated by the government on the embarrassing his- private corporations and commercial interests and tory of 62 years of displacement in this country. In profits. The proposed amendments to the Act are a fact, the most basic information which is vital for an clear indication to the validity of these concerns. effective assessment of the lacunae in the present The Land Acquisition (amendment) Bill has re- polices and Acts is not avail- defined ‘public purpose’ able – regarding the number The government will do well to bring out a by delisting community of people who have been dis- White Paper on all the land acquired using requirements like social placed since independence the Land Acquisition Act in past, current infrastructure etc from the and what has happened with land acquisition provisions all that land acquired.