Qui
custodiet custodiens? goes the Latin saying, or ''who
will guard the guardians''? In today's India, what
does it take to make a government obey the law? In
the case of the Madhya Pradesh government and the
Narmada Control Authority, defining and restating
the law and getting very clear orders from the Supreme
Court is clearly not enough.
The
pleas of those who have been unjustly displaced and
provided no compensation are obviously of no interest.
Nor is peaceful mass protest by thousands of ordinary
people of the region of any use in changing unlawful
decisions, apparently. Even knocking at the gates
of the powerful in Delhi, or going on indefinite hunger
strike in protest at blatantly illegal actions does
not seem to be enough.
Yet all that is being asked, from the government,
is that the laws of the land be upheld and the Supreme
Court's orders be respected. Even this appears to
become something to be extracted as a huge concession
after endless requests and ever increasing social
pressure.
Consider the recent facts relating to the construction
of the Sardar Sarovar Dam. This controversial project
has been under question for more than ten years, as
all of its intended benefits have been questioned
at different levels. It is the hugest such project
in recent years, involving thousands of hectares of
land and displacing well over three lakh families.
From the original chosen height of 80 metres, it has
gradually been raised to 120 metres, and each increase
has involved ever more extensive displacement.
Not only are the supposed gains for the farmers in
dry areas of Saurashtra and Kacch still unclear, but
the huge human and ecological costs of submergence
and displacement have been inadequately measured and
certainly not compensated for. There have also been
scathing reports from the Comptroller and Auditor
General's office on the financial practices of the
project.
Yet the recent furore relates not to the project per
se, but to specific measures which blatantly go against
both administrative and judicial norms. The evidence
is overwhelming of completely inadequate rehabilitation,
in contravention of previous promises, declared procedures
and court strictures. And what is even more alarming
is that on 8 March this year, the Narmada Control
Authority unilaterally took the decision to raise
the height of the Sardar Sarovar Dam from its present
height of 110.64 metres to 121.92 metres.
This decision was taken even though the Supreme Court
in a 2005 judgement had expressly said that raising
of the dam's height would not be permitted unless
the rehabilitation programme, which was found to be
lacking, had been carried out in full. In fact, almost
all reports, even from official sources, confirm that
the rehabilitation process thus far has been a disaster.
The core rehabilitation principle in the Sardar Sarovar
Project is land for land, rather than cash compensation.
The onus has been placed upon the state to ''acquire
and allot'' cultivable land to all eligible affected
families. According to the Narmada Tribunal Award,
rehabilitation sites should have been developed and
ready for occupation one year before the date of submergence,
and notices for shifting to the developed sites must
be issued to each and every project affected family.
Yet in fact, in Madhya Pradesh, hardly any families
have been resettled with cultivable land. Instead,
some families have been offered or sent off to occupy
lands which are already encroached upon by others,
or of such poor quality as to be uncultivable, or
simply non-existent. Other sites have no house plots
and the areas themselves have no amenities. For many
thousands of other affected families, there is even
no stated site that has been decided upon. And this,
according to the government's own affidavits filed
before the Supreme Court!
Instead, the state government created a new (and illegal)
Special Rehabilitation Package, under which a cash
package is given to project affected families instead
of land. Usually the amount given is so small that
there is no question of purchasing new cultivable
land with that money, so that the people are rendered
not only homeless but also without livelihood. Even
in Maharashtra and Gujarat, many affected families
are still to be either compensated or rehabilitated.
The Grievance Redressal Authorities are barely functioning,
in any of the three affected states.
The situation with respect to rehabilitation is so
evidently dire that even the Union Minister for Water
Resources, Prof. Saifuddin Soz, issued a statement
on 10 March indicating his lack of confidence in the
rehabilitation process thus far. He conceded that
in this context the decision of the Narmada Control
Authority to raise the height of the dam was premature,
and said he would convene a meeting of the Review
Committee for Narmada Control Authority to consider
the case.
It might be expected that after such an admission,
there would be no question of continuing the work
of raising the height of the dam. Yet this is apparently
too naïve an expectation, since even as late
as the first week of April, nearly a month after the
statement was issued, no such meeting has yet been
convened and work at the dam site continues apace
in complete disregard of all protestation.
All this forced the most recent protest in Delhi,
where Medha Patkar and some other activists of the
Narmada Bachao Andolan went on hunger strike. This
did indeed get some publicity, certainly far more
than the months of continuous protests within the
region by the affected people, but at the time of
writing it was still not enough to force the government
to stop immediately all work on what is a completely
illegal exercise at the Sardar Sarovar Dam. Instead,
the government only promised to ''examine the matter''
through a field visit!
We have in place a central government that thus far
has viewed a significant aspect of development as
necessarily involving the sale of land - to agribusinesses,
to urban land developers, to big projects in general.
On the day of writing this, the same government that
would not stop the height of the dam from being illegally
raised signed a huge deal selling off land to a consortium
of private companies for developing Delhi and Mumbai
airports in what is an extremely dubious and murky
privatisation deal, in the process breaking their
promises to airport workers that they would be heard
before a final decision. Despite coming into power
on an anti-communal and pro-poor platform, it has
stubbornly refused to exercise the most elementary
discipline on rogue state government like that in
Gujarat, even in this matter of respecting the basic
rights of its citizens, especially the weak and assetless.
It should be noted that most of the displaced families
are adivasis, and were already among the poorest and
most vulnerable communities in India. Dispossession
from their meagre resources leaves them no alternative
existence. At the Jantar Mantar in New Delhi where
many of the activists and affected people had gathered
along with local supporters, there was a stark question.
We are thrown out of our land and not welcome in cities
or villages, so where do we go? How do we continue
to exist?
Nearly 150 years after the first war of Indian independence,
it seems that it is not only freedom which is of concern.
Our state not only cannot ensure for many of its citizens
their right to exist, its market-obsessed economic
priorities seem even to have deprived it of the basic
political sense that a democratic state should at
least be seen to be caring for those at the receiving
end.