The current discussion on Land Law in India: Suggestions

This is an excerpt from a recent email of mine...i suggest that all the Legal Drafting that is required, to take these suggestions forward in their entirety, should begin without any delay:

The law and policy atmosphere that needs to be created to facilitate land acquisition (acquisition if at all), will need to necessarily deal with at least the following imperatives, failing which (and starting with the announcement of a time-specified intention to do so), it will only be logical to call for a total moratorium on all land acquisition everywhere, considering the daylight robbery it would amount to, in addition to the civilizational nosedives that the victims will be subjected to:

1. A bundle of reforms in the Neeti Ayog pertaining to the Economic Policy as per the hand-written Tasks note that i had written out for my party person who was made MoS Finance towards the end of the UPA 2 tenure. i cannot recall the details, and views have evolved with the evolving situation, happy to write a separate note or have another conversation on this...have also noted the potential of providing links to documents, as ably demonstrated in your article (which, regrettably, one shall have to click on at leisure). Have watched the current economic advisor's television interviews...i have been saying that the time has come, to re-define (and implement, practically), some basic principles that, surprisingly, modern-day economists seem to be bogged down by. Namely: that land-labour-capital and organization are needed for Manufacturing, and therefore, for creating jobs. (Land acquisition is often justified by the argument that jobs will be created)...although i was glad to note the economic advisor recently made a reference, on a TV interview, to the fact that manufacturing only needs a small bit of land compared to the jobs it creates, the crux is, like we all know, livelihoods and other intangibles/so-far-not-measured-aspects and differently-measured immesureables and other Intangibles (scope of definition to be expanded), that will do better in a Common Property environment, speaking in terms of National Wealth and income, and by extention and eventually literally, a global version of the same. Plus adequate and appropriate rights for Individuals.

2. Very importantly: A restructuring of all the Personal Law in the country to make it Constitution-of-India compliant (and therefore gender-just and taxation-friendly), starting with the Hindu Personal Law which is only the recent (civilizationally speaking), creation of the Indian parliament. (when it comes to tribal personal law, scheduled tribes are under no compulsion to follow the Hindu Law, though that's the default option, as it were, as stated in the Hindu Law...otherwise, all tribal customs and practices are only bound by the Constitution of India (and i might recommend it's spirit to others in similar situations). (Note: at the far end of the UPA 2 govt., Jains were freed of the shackles of the social obligation to adhere to Hindu Personal Law). All this becomes very relevant while ascertaining Social Impact of land acquisition on the Individual (promises to give one job to a family defies this Right). It would also enhance the (case-to-case) analysis of the Common Property/Resource impacts of proposed projects and take-overs of land, since the Commons are also to be accorded high priority to ensure a workable mix of individual rights, business and the imperatives of a just and humane world, reflected by the continued existence of a welfare state with a limited but uncompromiseable role.

3. The implementation of the Forest Rights Act as per my repeated suggestions. (Can write out my main points of approach and concern again, or speak to someone about it again, but have given the local ARTS NGO here in North Andhra my views on this a few weeks ago). 

4. The according of an impetus of great magnitude to the Earth Sciences Ministry, provided it is steered by the concerns expressed in this article. (as an aside, i would like to point out that i have consistently advocated for the so-called Indian industry to be put on the same footing as global industry when it comes to some aspects of access to traditional knowledge viv-a-vis India's Biological Diversity Act). If this can still be legally be accommodated as a part of the process that follows the budget speech, it would be ideal.

5. Well thought-out principles and priorities for a future roadmap for natural resource use, done in genuine consultation with all sectors. These to be crafted with absolute transparency, lack of partisanship, equal opportunity of articulation, in environments of trust and with the spirit of genuine governmental outreach and problem-solving. A good starting point would be a revisiting and updating of India's National Biodiversity Strategy and Action Plan that was, in fact, entitled Securing India's Future and does, in the current global scenario, dovetail into the area of geostrategic planning for world peace. This last recommendation, i make, in my capacity of having been invited by the Government of India, to have been an Independent Legal Advisor (and Observer), to the country's process connected to the planning of its biological resources at the turn of the century. Centre-state relations, including the role of local government, and International processes, and Technology would need to be accorded greater priority in the process as well as the substance this time round. However, by way of being an update, and keeping in view the urgency, it would need to be carried out in the space of a few weeks or months, rather than a few years. The Earth Science Ministry would be the most appropriate nodal agency. In terms of immediate action, specialized reporting from relevant persons in connection with the ongoing tour of the Foreign Secretary to the SAARC countries could be sought.