Rights of Dislocated Tribal in Development Projects and the Remedies Provided to Them

  • Zuhaib Habib and Saloni Kumar
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  • Zuhaib Habib

    Student at Symbiosis Law School, Noida, India

  • Saloni Kumar

    Student at Symbiosis Law School, Noida, India

Abstract

India is a developing country. The country is seeing growth at a very rapid rate with an exponential growth of development projects. The building of these developmental projects needs land. For this purpose, the state is forced to vacate lands that are inhibited by tribal and locals. Because of this, the people already living in these places are coerced to leave the spot. With the government having the power to displace them under the doctrine of ‘Eminent Domain’, these groups live with a constant fear of being uprooted from their residential spaces. The construction of these developmental projects has displaced more than 4.4million people till date since independence. Thousands of these displaced individuals are struggling to lead a better life. Our country, for a very long time, lacked a uniform code that could rehabilitate and resettle the affected groups. It was only in the year 2013 that The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act was introduced by the legislature to help these people. The researchers, in this paper, try to analyze as to what are the displacement-induced issues that the tribal are forced to face while exploring the protections that these groups have been given under the abovementioned statute. The researchers have also tried to critically analyze a few judgments in order to understand the role and opinion of the judiciary in this matter. This paper also tries to see if the protections that have been provided to these groups are actually effective while also trying to suggest a way for helping them better.

Type

Research Paper

Information

International Journal of Law Managment and Humanities,
Volume 4, Issue 2, Page 2324 - 2332

DOI: http://doi.one/10.1732/IJLMH.26512

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.

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