Skip to main content

Apex Court order to evict ex-mine workers 'unjustified', violates housing right: NAPM

Counterview Desk 

Condemning the “unjustifiable” order of the Supreme Court to evict around one lakh residents of Khori Gaon, Haryana, without rehabilitation in the middle of the pandemic, India’s civil rights network, National Alliance of People’s Movements (NAPM) has said that right to housing of working class people living in precarious conditions is inalienable, and ‘environmental protection’ cannot be an excuse to deprive vulnerable people of shelter.
In a statement, NAPM said, execution of the apex court order will impact more than 10,000 households belonging predominantly to migrant labourers, who had been working as mine workers in Aravallis when mining activities were taking place in the region. They lost their livelihoods as mining was rightly prohibited to conserve the environment.

Text:

National Alliance of People’s Movements denounces the ill-timed and grossly arbitrary order of the Supreme Court on June 7, 2021, directing Faridabad Municipal Corporation to demolish the entire Housing Board Society of Khori Gaon, rendering homeless about 1,00,000 people (as conveyed by the locals) in the middle of the pandemic. We also condemn the clamping down on legitimate citizens’ protests against demolition without prior rehabilitation, particularly the use of lathi charge and the detention and arrest of protestors.
Execution of the order of the Apex Court within the stipulated time period of maximum 6 weeks from July 7 will impact more than 10,000 households belonging predominantly to migrant labourers, who have been living on the land for over two decades. 
Many of the residents came to work as mine-workers in this part of the Aravallis, when mining activities were taking place in the region. They lost their livelihoods as mining was rightly prohibited, over the years, to conserve the environment. Many of them have also been more recently and seriously affected by loss of work during the extended time of the pandemic.
The residents claim that they have time and again shown in court that they bought the land on which the houses are constructed, around two decades back. However, the Supreme Court refused to adequately acknowledge the need for their proper rehabilitation. The court Order sees the people as ‘encroachers’ on forest land falling under the Punjab Land Preservation Act (PLPA), thereby pitting against each other, environmental and social justice rights. 
Ironically, though not unusually, the drastic measures are taken against residents of the 15 colonies, who are labourers and working-class migrant workers, whereas various high-end hotel complexes built on the same land are said to be left undisturbed and illegal mining activities continue in the area.
Following earlier demolitions in April 2021, the residents, who have been fighting cases against eviction for a decade, had approached the Supreme Court for protection and rehabilitation before demolition. However, the Supreme Court Order advised ‘no compromise’ in their removal from the land and permitted the use of the police force if needed.
In the latest, ongoing protests, following the Supreme Court order on July 7, the residents appeal to the Haryana government and Supreme Court on humanitarian grounds, demanding that ‘protection of the environment’ not be used as a stick to beat an already struggling community, which includes over 20,000 children below 18 and 5,000 pregnant, lactating and single mothers. The local people claim that the authorities have already cut their water supply and electricity. 
Women protesting on June 14 spoke of the disproportionate gendered impact the displacement is going to have, leaving single women, and other vulnerable women bereft of community support, as well as on the older people currently living in the community. Evicting them now would be signing their death sentence, people say.
While the Supreme Court order prescribes strict action against the working-class communities living in Khori Gaon, construction work continues unabated adding to the over 500 farm houses, hotels, and multistorey buildings and illegal mining that takes place with no legal action against those responsible for destroying the environment.
Protesting women spoke of disproportionate gendered impact of displacement, leaving vulnerable women bereft of community support
National Alliance of People’s Movements (NAPM) is deeply concerned about the right to life, safety, health and housing of the affected communities. While we fully subscribe to the need to save the Aravalli Forest cover from mining, real estate and other destructive activities, we also emphasize the need to protect constitutional and human rights of vulnerable populations and hold accountable the organized mafia that has a much bigger role in the destruction of the forest for profit.
We stand in solidarity with the ongoing protests of the people of Khori Gaon, led by women of the community and with other networks, groups and concerned citizens raising their voices against the damaging Supreme Court Order and demolition drive. We demand the following:
  1. The Supreme Court must immediately stay its Order on the demolition of the 10,000 households, at least during the pandemic period. The principle set by the Apex Court itself on previous occasions of ‘no displacement, without rehabilitation’ must be upheld under all circumstances.
  2. No forced evictions or demolitions must be undertaken by the Govt of Haryana, during the pandemic, especially when the National Disaster Management Act is in force.
  3. Haryana Govt must put in place a structured and transparent mechanism and Plan of Action for the full and fair rehabilitation of the over 1,00,000 residents of Khori Gaon: (a) The 2,545 houses already constructed under JNNURM and lying vacant since 2011 must be allotted on priority to the residents. (b) All other people should be recognized and provided rehabilitation through Pradhan Mantri Aawas Yojana (PMAY). (c) Persons who don’t have necessary documents to fall under PMAY should be seen as migrant workers and provided rehabilitation in rental housing.
  4. Transit camps, with all requisite amenities, including food, water, health care, sanitation, covid safety measures, must be made available for the residents, during the process of shifting.
  5. Any pending cases against the protestors must be withdrawn immediately and no further punitive action be taken against them.
  6. Legal action must be initiated against those who sold land which falls under PLPA to the current residents of Khori Gaon, starting two decades back, in unauthorized ways.
  7. A High-Level Independent Committee must be set up to inquire into the more than 500 farm houses, hotels etc. also occupying this land.
  8. The Parliamentary Standing Committee must initiate a dialogue with the concerned departments of the Govt. of Haryana and the Union Govt. to arrive at a more environmentally just legal plan for the long-term protection of the Aravalli forests and to protect the housing and livelihood rights of the poor who have settled in these government lands over time. The use of the PLPA Act must be carefully investigated before vulnerable people are treated as ‘encroachers’.
---
Click here for signatories

Comments

TRENDING

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

1857 War of Independence... when Hindu-Muslim separatism, hatred wasn't an issue

"The Sepoy Revolt at Meerut", Illustrated London News, 1857  By Shamsul Islam* Large sections of Hindus, Muslims and Sikhs unitedly challenged the greatest imperialist power, Britain, during India’s First War of Independence which began on May 10, 1857; the day being Sunday. This extraordinary unity, naturally, unnerved the firangees and made them realize that if their rule was to continue in India, it could happen only when Hindus and Muslims, the largest two religious communities were divided on communal lines.

Spirit of leadership vs bondage: Of empowered chairman of 100-acre social forestry coop

By Gagan Sethi*  This is about Khoda Sava, a young Dalit belonging to the Vankar sub-caste, who worked as a bonded labourer in a village near Vadgam in Banskantha district of North Gujarat. The year was 1982. Khoda had taken a loan of Rs 7,000 from the village sarpanch, a powerful landlord doing money-lending as his side business. Khoda, who had taken the loan for marriage, was landless. Normally, villagers would mortgage their land if they took loan from the sarpanch. But Khoda had no land. He had no option but to enter into a bondage agreement with the sarpanch in order to repay the loan. Working in bondage on the sarpanch’s field meant that he would be paid Rs 1,200 per annum, from which his loan amount with interest would be deducted. He was also obliged not to leave the sarpanch’s field and work as daily wager somewhere else. At the same time, Khoda was offered meal once a day, and his wife job as agricultural worker on a “priority basis”. That year, I was working as secretary...

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

Fate of Yamuna floodplain still hangs in "balance" despite National Green Tribunal rap on Sri Sri event

By Ashok Shrimali* While the National Green Tribunal (NGT) on Thursday reportedly pulled up the Delhi Development Authority (DDA) for granting permission to hold spiritual guru Sri Sri Ravi Shankar's World Culture Festival on the banks of Yamuna, the chief petitioners against the high-profile event Yamuna Jiye Abhiyan has declared, the “fate of the floodplain still hangs in balance.”

Two more "aadhaar-linked" Jharkhand deaths: 17 die of starvation since Sept 2017

Kaleshwar's sons Santosh and Mantosh Counterview Desk A fact-finding team of the Right to Feed Campaign, pointing towards the death of two more persons due to starvation in Jharkhand, has said that this has happened because of the absence of aadhaar, leading to “persistent lack of food at home and unavailability of any means of earning.” It has disputed the state government claims that these deaths are due to reasons other than starvation, adding, the authorities have “done nothing” to reduce the alarming state of food insecurity in the state.

From triple centurion to master coach: Bob Simpson’s enduring legacy

By Harsh Thakor*  Former Australia cricket captain and coach Bob Simpson has died in Sydney aged 89. He leaves behind an indelible legacy, having shaped Australian cricket for more than four decades as a player, captain and coach. Beyond the field, he also served the game as a law-maker, referee and commentator, carving a permanent niche among the all-time greats of Australian cricket.

Proposed Modi yatra from Jharkhand an 'insult' of Adivasi hero Birsa Munda: JMM

Counterview Desk  The civil rights network, Jharkhand Janadhikar Mahasabha (JMM), which claims to have 30 grassroots groups under its wings, has decided to launch Save Democracy campaign to oppose Prime Minister Narendra Modi’s Vikasit Bharat Sankalp Yatra to be launched on November 15 from the village of legendary 19th century tribal independence leader Birsa Munda from Ulihatu (Khunti district).