National and Regional Laws and Policies
on Internal Displacement

INDIA

Background

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North and north-eastern India in particular have witnessed several decades of conflict, resulting in the internal displacement of over 600,000 people. A further estimated 2.7 million were displaced by the tsunami of December 2004 and several million more are displaced each year as a result of floods and other natural disasters. By far the greatest number of internally displaced, however, are as a result of development projects. According to some estimates more than 21 million are internally displaced due to development projects in India.

National Policy on Resettlement and Rehabilitation for Project Affected Families (2003)

Purpose: To provide relief to the rural poor and support rehabilitation efforts of ‘small’ and ‘marginal farmers’, as defined, and women who have been displaced by large scale development projects (defined as projects involving displacement of 500 families or more in plan areas and 250 families or more in hilly areas (section 4.1)).

Responsibilities: The central government is responsible for implementation of the Policy in relation to projects executed by it. In turn, state governments are responsible for projects executed by them. A National Monitoring Committee, chaired by the Department of Land Resources, is responsible for monitoring the implementation of the Policy (Chapter VIII). Funding for resettlement and rehabilitation is to be provided by the company, institution, organization or government acquiring the land (section 5.15).

India Laws and Policies
	Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict

Content: The Policy details the administrative and other procedures to be carried out in the event that a large scale development project is commenced (Ch. IV, V, VI).

Provisions of note include:

• consultation mechanisms for project affected families (section 4.5(ii));
• public declaration of affected zones (sections 5.1, 5.2);
• acquisition of private property for resettlement (section 5.11(b));
• consultation with affected families, including women (section 5.14);
• maximum land allotments determined (section 6.2);
• additional financial assistance for project affected families living below the poverty line (section 6.3);
• re-training facilities for entrepreneurial skills and self-employment (section 6.18);
• special provision for scheduled tribes with particular attachment to the land (section 6.21).