The Struggle For Justice Is Indivisible, Pg6

Key Highlights:

• Divya Ahirwar, an elected ward councillor, was arrested and later granted bail by the High Court of Madhya Pradesh on fabricated charges of attempted murder, stemming from her activism against displacement.
• Social activist Amit Bhatnagar, founder of the Jai Kisan Sangathan, also faced arrest for leading protests against three major projects in Madhya Pradesh.
• The protests are centered in the Panna and Chhatarpur districts, opposing the Majhgaya dam, Runjh dam, and the Ken-Betwa river-linking project.
• Thousands of Adivasi and Dalit families face displacement due to these projects, alleging flagrant violations of their rights and inadequate compensation.
• Affected communities have adopted the chita andolan (funeral pyre movement) and other forms of Satyagraha to protest the forced displacement and lack of justice.

Detailed Insights:

• The Majhgaya and Runjh dams are medium irrigation projects in Madhya Pradesh, nearing completion after more than a decade, but hundreds of affected Adivasi families still await fair compensation.
• Authorities allegedly disregarded Section 38(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which mandates rehabilitation six months prior to submergence.
• Issues include incomplete surveys, underestimation of compensation, refusal to revise the 2018 cut-off date, and denial of entitlements to adult minors.
• The Ken-Betwa river-linking project is India's first river interlinking project under the National Perspective Plan, aiming to transfer surplus water from the Ken River to the Betwa basin to irrigate the drought-prone Bundelkhand region.
• This project involves constructing the Daudhan Dam and a 221 km canal, impacting 6,000 hectares of forest land, including a significant portion of the Panna Tiger Reserve.
• In 2019, the Supreme Court-appointed Central Empowered Committee (CEC) questioned the project's viability, environmental clearances, and the felling of an estimated 2.3 million trees.
• The project faces allegations of violating the Forest Rights Act (FRA), 2006, particularly Section 4(5), which prohibits eviction until forest rights are recognized and verified.
• There are also concerns regarding non-voluntary relocation from core tiger reserve areas, contrary to the Wildlife (Protection) Act, 1972, and the absence of Gram Sabha consent.
• Displaced families report receiving inadequate plots, lacking basic infrastructure, and being issued worthless slips of paper instead of proper land titles.
• The broader struggle is framed as an "undeclared war on Adivasis," challenging fundamental constitutional rights such as the Right to Life (Article 21) and the Right to Vote (Article 326).

Key Concepts Involved:

• Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013): Indian law governing land acquisition, compensation, rehabilitation, and resettlement for affected persons.
• Forest Rights Act (FRA), 2006: Legislation recognizing and vesting forest rights and occupation in forest-dwelling Scheduled Tribes and other traditional forest dwellers.
• Wildlife (Protection) Act, 1972: Indian law providing for the protection of wild animals, birds, and plants, and for matters connected therewith.
• Gram Sabha: The basic unit of democratic decentralization in India, comprising all adult residents of a village, responsible for local governance and decision-making.
• Ken-Betwa River Linking Project: India's first river interlinking project under the National Perspective Plan, designed to transfer water between the Ken and Betwa rivers.
• Central Empowered Committee (CEC): An expert body constituted by the Supreme Court of India to monitor and ensure compliance with environmental laws and advise on forest-related matters.