IND: Comparative Analysis of India Legal Framework and ADB Safeguard Policy Statement Involuntary Resettlement

The following is based on the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (Act No. 30 of 2013) (hereafter LARR)which received the assent of the President on 26th September 2013. The Act was amended by The LARR (Amendment) Ordinance, 2014 (Act No. 09 of 2014), and further amended by the LARR (Amendment) Ordinance, 2015 (No. 04 of 2015) which repealed the 2014 Ordinance.Thereafter LARR (Amendment) Second Ordinance, 2015 was promulgated with provision that it is deemed to have come into force on 31.12.2015.The LARR (Amendment) Second Ordinance repeals the LARR (Amendment) Ordinance, 2015 (No. 04 of 2015).However, it appearsthattheseamending ordinance have now lapsed.

The Act provides in several areas for certain requirements to be prescribed. Accordingly, the Department of Land Resources of the Ministry of Rural Development issued LARR Rules relating to Social Impact Assessment and Consent on August 8, 2014. The Rules of 2015 have been formulated in December, 2015.

Section 2 of the Act sets out the scope of application of the said Act. It indicating that the provisions of the Act apply, when the appropriate Government acquires land for its ownuse, hold and control, includingfor Public Sector Undertakings and for public purpose, for purposes including for infrastructure projects, which includes projects involving agro-processing, supply of inputs to agriculture,warehousing, cold storage facilities, marketing infrastructure for agriculture andallied activities such as dairy fisheries, and meat processing, set up or owned by the appropriate Government or by a farmers' cooperative or by an institution setup under a statute or project for industrial corridors ormining activities, national investmentand manufacturing zones, as designated in the National Manufacturing Policy, or project for water harvesting and water conservation structures,sanitation. It should be noted that the LARR and LARR Rules include provision that are not required by the ADB SPS Objectives or Policy Principle for Involuntary Resettlement. Noteworthy among these is the requirement for the government to obtain the “consent” of affected persons and communities prior to taking action to acquire land in certain specified instances, not limited to lands occupied or used by Indigenous Peoples. It should also be noted that the LARR and LARR Rules are recent documents and are subject to further amendment and elaboration with respect to particular issues, such as monitoring and evaluation of resettlement impacts and both affected people and host communities. In addition, the Act provides that States may enact legal instruments that pertain to their particular circumstances but that cannot provide any less protectionto project affected people than the standards set forth in national law.This document discussed about the appropriate extent and type of environmental assessment so that appropriate studies are undertaken commensurate with the significance of potential impacts and risks.