Why AAP Opposes the Land Acquisition Ordinance: Part-I

This is the first post in a three-part series on the Land Acquisition Ordinance.

The Land Acquisition Ordinance has been brought in by the BJP-led Narendra Modi government bypasses all constitutional norms and rules of legislation, throwing Delhi’s farmers, agricultural community and citizens of rural Delhi to the whims of big business. Rural Delhi, like much of India’s agricultural community will bear the brunt of the government’s rush to accommodate exclusive development.

Delhi has 35 lakh rural citizens who have been consistently been neglected by the ruling powers. Their situation is at par with the aborigines in Australia and Native Americans in the United States, and has been one of the most systematically disadvantaged citizens of the country. Their land rights have been taken away by dystopian sections of the Delhi Land Reform Act and now the amended Land Ordinance. Huge chunks of North West, South West and South Delhi are affected by this land ordinance, and the Aam Aadmi Party firmly stands against this anti-people anti-constitutional ordinance and draconian outdated Delhi Act. We vow to repeal and rescind outdated sections of the Delhi Land Reform Act like Section 33, Section 81 when we come to power in Delhi. And we continue to give our unconditional support to Delhi’s farmers who are troubled by this anti-farmer Land Ordinance.

First of all, the Ordinance violates the basic spirit of why ordinance is needed. Ordinance route has been provided for in order to meet an emergency situation in-between two sessions of parliament. What was the emergency in this case? The next session is in the third week of February. Why could the government not wait till then?

Second, the amendment will nullify the hard earned gains of movements against forced acquisition and displacement. After a long struggle and negotiation, these movements had forced the government to agree to some basics:

• that the land acquisition must not take place without consent
• that land acquisition must not be permitted in multi-crop land where it goes against food security
• that acquisition must be preceded by an assessment of its impact not just on land owners but on the society as a whole

The government’s amendment would mean that now social Impact assessment, food security assessment & consent of 70% of land owners will not be required before acquiring land for five broad categories that the government has specified (more on these categories in point 2). Thus for all practical purposes, we are back to the draconian 1894 Act which peoples movements had fought to change.

Third, the government proposes to exempt five categories of Acquisitions from the procedural requirements of the 2013 Act. These five categories are: defence, industrial corridors, rural infrastructure, affordable housing including housing for the poor and any infrastructure including social infrastructure in PPP mode where the land is owned by the government. Just look at these four categories and imagine what greedy builders, politicians and bureaucrats can do with these five categories. Basically they would be able to fit every acquisition under one of these five categories. so, in effect the Amendment annuls the Act itself. Additionally, one of the many provisions of BJP amendments to the land acquisition bill affects only the purchase of land by the government or done through the government for public-private-participation projects. It does not affect at all private purchase of land under 50 acres urban or 100 acres rural; which is the vast majority of transactions leaving aside mega industrial projects. A private company can circumvent this threshold by purchasing multiple parcels of land, each under the prescribed limit, through other entities.

Fourth, the Act of 2013 was passed with support from most political parties including the BJP. Ms. Sumitra Mahajan, the current speaker, headed the parliamentary Committee that cleared the bill. What has changed since then?

Fifth, the Act has not got a fair chance so far. Most states have not framed Rules necessary for its implementation. How come it has been found to be impractical without even a trial?

The most important thing is to probably note that the BJP has made this a debate between farmers vs. growth and farmers vs. other citizens, when the simple truth is that the BJP has decided to favor big business and industry in the hope that the farmers will not understand or challenge its move. The simple truth is that it’s not just the farmers that lose, it is all citizens who will lose. For example, earlier, when land remained unutilized and compensation hadn’t been claimed, farmers used to get their land back. Now it is vested in the blatantly misused and politically influenced Gram Sabha instead of farmer’s having a share in the common land. It used to be used for ponds, greenery, environment and community-based enterprises, which all citizens could enjoy. This decision by the government is anti-farmer, anti-citizen and anti-India.

In a series of posts, I will attempt to deconstruct the land acquisition ordinance and justify AAP’s opposition to this land acquisition ordinance. Stay tuned for more.