Land Acquisition Ordinance : Government-Corporate nexus
against people and democracy
Prem Singh
The
Land Acquisition, Rehabilitation and Resettlement Act 2013 (LARR Act 2013) was
enacted in the parliament after incorporating suggestions from the BJP and with
its due support. Sumitra Mahajan, presently the speaker of the Lok Sabha, then
had headed the Parliamentary Committee, which okayed the law. The LARR Act 2013
which came into effect from January 2014 empowers land-owners, for the first
time, with the right to fair compensation for acquired land alongwith consent
right. As per the Act the provisions to pay fair compensation to the farmers
and seek their prior consent were to be implemented over and above the existing
13 laws in the matter within a year’s time. The LARR Act 2013 was meant to
replace the Land Acquisition Act of colonial times enacted in 1894. The
staggering destitution of peasants and tribals, social unrest and environmental
devastation resulting from the post 1991 new economic policies had forced the
UPA government to enact this law. This law mandates prior permissions of 70
percent land-owners in cases where land is acquired by the government, and
prior permission of 80 percent land-owners, in cases of acquisitions by private
companies. Alongwith this, Social Impact Assessment (SIA) has also been made
mandatory.
The
ordinance promulgated by the present government on the last day of December
2015 adds Section 10 A to the Act which undoes the rights which the land-owners
got in LARR Act 2013. As per this Section five areas – national security,
defence and defence production projects; industrial corridors projects; rural
infrastructure projects; infrastructure/social infrastructure projects, mostly fall
under the public private partnership (PPP); and housing projects for the poor –
will not require either prior consent or Social Impact Assessment. It is a
matter of speculation if any areas are left out of these five! For these five
areas, even fertile multi-crop cultivable land can be acquired straightaway.
The government decided to bring in this amendment to the LARR Act 2013 after
the winter session was over. When the president inquired into the reasons as to
the hurry regarding the matter, three ministers on the part of the government
clarified their reasons and the president’s permission was promptly obtained. Thus,
whatever role the peasants and tribals had come to have in the process of the
acquisition of their lands as per this law was snatched by this amendment and
placed back instead into the hands of bureaucracy and corporate houses. Whatever
justifications the BJP leaders are giving for this amendment, ought to have
been given at the time of its enactment. Explicitly, the government has arranged
for the support of the corporate houses in the Lok Sabha elections by bringing
the amendment in such hasty manner.
It
seems as if the corporate houses have placed their bet on Narendra Modi instead
of Manmohan Singh and Sonia Gandhi because they were aggravated by MNREGA, Land
Acquisition Act, Food Security Act and the like. Manmohan Singh was an
economist prime minister who followed the classicist approach towards neo-liberal
reforms whereas Narendra Modi is taking blind leaps. BJP’s propaganda against
Manmohan Singh as a weak prime minister is misleading; nonetheless, it proved
to be an effective winning campaign in the recently held general election. As
the progenitor and facilitator of neo-liberalism in India, Manmohan Singh will
be remembered as the strongest prime ministers ever. He removed India’s economic
policy and its goal from the axis of the Constitution and installed it instead
on the axis of various power stations of neo-liberalism like World Bank, IMF,
WTO, World Economic Forum, various multi-national companies and so on. He
believed in all wisdom that the capitalist way to growth is the only right way.
From the Harshad Mehta scandal to the numerous scandals in his tenure nothing
ever even brought the slightest shadow on his brow. This is because he honestly
believed that the path of capitalist development has to traverse through
corruption. Narendra Modi is an extension of Manmohan Singh because the same
policies and practices are being carried forward by his government too.
It
is inherent in the spirit of the Constitution as well as reiterated by the
Supreme Court in 1987 that amendments ought to be brought only during an
emergency or an extraordinary situation. It will be well to remember that the
sequence of ordinances had begun in Manmohan Singh’s tenure as finance
minister. The Vajpayee government swiftly carried it forward. The UPA 2 government
too was a government of ordinances promulgating at least 5 ordinances in a year.
But the current government in its seven month tenure by bringing nine ordinances
during and after the parliament session has delivered the severest blow to the parliamentary
democracy till date. To say that amendments harm parliamentary democracy is –
as some other critics have observed –
merely a technical objection. The pertinent question is why did the previous ones
or the present government resort to it. The only possible answer is that
governments do so in the interest of the global bodies of corporate capitalism,
multi-national companies and corporate houses in the country. Thus, it is a one-sided
power play that ruins the already marginalized farmers and forest-dwellers.
In
the neo-liberal times, elections have become extremely expensive. According to
news reports, in the last parliamentary elections, the BJP spent twenty to
twenty five thousand crores and the Congress spent about ten to fifteen
thousand crores. This money comes from corporate houses. Prime ministerial
candidates openly participate in the conclaves and conferences of capitalists
and solicit their support saying ‘make us win and we will do your bidding’.
Indian democracy has, thus, been hijacked by corporate houses. The BJP
government under the prime ministership of Narendra Modi, just after its
formation, had made it clear that it intended to amend the 4 months old LARR
Act 2013. It considers the thirty percent mandate to be a gift of corporate
houses, not of the voters. In such a scenario, the interests of big business
houses become that of utmost importance to the government. The point is, if the
money of corporate houses is not kept out of elections, it will not be possible
to keep out the ordinances promulgated in their interest.
With
this ordinance the already complicated issue of water, forest and land (Jal, Jungle,
Jameen) will become even more confounded. Expensive compensations against
acquired lands do not ensure salvation for farmers and tribals. Most farmers
have small land holdings and that is their private property. With land acquisition,
they belong neither here nor there. The compensation is usually blown up in
frivolous expenditures and addictions. Very few people are able to invest the
compensation money judiciously for the future. Non-land-owners like dalits and craftsmen
castes who depend on farming land for their livelihood did not receive any
compensation amount, residential plots or jobs right from the times of the Land
Acquisition Act of 1894. In such a situation, land acquisition without prior
consent or any social impact assessment will invariably lead to social
discontent, and might even increase naxalite violence.
The
important lesson in the Land Acquisition Ordinance is that the supposedly
apolitical efforts of a few good people (who wish to bring respite to
farmers-tribals-labourers by working within the fold of neo-liberalism as
advisors to the governments) cannot be a permanent solution. They will have to
understand that the awareness and participation of the people that they talk
about in their NGO endeavour means nothing without active political
participation.
Most
parties, including the Congress, have opposed this ordinance. Many peoples’ organizations,
farmers’ unions and important citizens have also opposed it. Justice Rajindar
Sachar has expressed harsh criticism in his statements as well as columns. He is
equally opposed to the Insurance and Coal Mines ordinances. The farmer cell of the
BJP too has opposed the ordinance as its affiliate trade union Bharatiya Mazdoor
Sangh (BMS) participated in the token strike of the Coal Mines Workers Union
along with other trade unions against promulgation of the Coal Ordinance. This
protest is meaningful only if all these parties and organizations identify, recognize
and oppose the root cause. That is, the neo-liberal economic policies and the
capitalist model of development.
Alongwith
opposition to the ordinance, some important measures must also be taken.
Political parties must fight for the strengthening of the LARR Act 2013, and
they must also insist on the formation of a Land Use Commission, as has been
demanded by the Socialist Party (India). This commission must have
comprehensive representation of farmers, tribals and non-land-owners of
villages. The farmers have played an important role in the freedom movement. It
has had several important leaders and thinkers including Gandhi himself. In the
post independence era, from Chaudhary Charan Singh to Mahantha Devaru Nanjundaswamy,
Kishan Patnaik and Sachidanand Sinha, there have been people who have deeply
deliberated upon the nature and problems of agriculture and agriculturists
vis-a-vi industrialization in previously colonized countries including India. This
unique legacy must become a part of the present discourse of development/progress.
There are peasant movements and leaders world over, even in the Europe, who
oppose the conditions imposed by the WTO in the interest of certain multi-national
companies operating in agriculture sector. Lessons can be learnt from these
movements.
The author teaches Hindi at Delhi University, is
former fellow of the Indian Institute of Advanced Study, Shimla, and is General
Secretary of the Socialist Party.