In Gujarat, the 2002 riotaffected families continue to reside in relief colonies without legal ownership recognition for the houses where they were rehabilitated. The 2002 Gujarat riots killed over one thousand people in the violence and displaced about two lakh people, the majority of which belong to the Muslim community. While some of these families returned to their homes after the riots ended, others found new accommodation in mainly Muslim neighbourhoods. According to a 2012 Janvikas NGO survey, the Muslim charities and NGOs resettled 16,087 Internally Displaced People (IDPs) in 83 colonies across Gujarat. It also found that in at least 48 of the 83 colonies, the ownership was still not transferred to the resettled families. Moreover, the majority of the households in these colonies lacked access to basic amenities, primary health care centres and schools. Reportedly, there are 17 such colonies in Anand district followed by 15 in Ahmedabad, 13 in Sabarkantha, 11 in Panchmahals, eight in Mehsana, six in Vadodara, five in Aravalli and four each in Bharuch and Kheda. However, many of these colonies still lacked amenities, such as internal roads, street lights, schools, sewage lines, drinking water connections and hospitals. In 2006, released a press note reprimanding the state government for the conditions of the IDPs living in these colonies after following a complaint from two social activists. Subsequently, in 2007, the affected families collected under the banner of Aantarik Visthapit Hak Rakshak Samiti (AVHRS) to voice their demands, one of which was the regularisation of the rehabilitation colonies. In 2008, Gagan Sethi of Centre for Social Justice NGO filed a Public Interest Litigation (PIL) in Gujarat High Court to demand the full implementation of the relief package. However, in its final judgment pronounced on September 09, 2011, the Gujarat High Court dismissed the PIL. It held that the state government had disbursed the amount received from the central government. Since then, the organisations representing the affected families have continued to appeal for accountability and intervention from the state government. In February 2018, AlpSankhyak Adhikar Manch, representing the displaced claimed, claimed that the Gujarat government still hasn't transferred ownership rights of the houses. They organised a public gathering to voice the concerns of the IDPs. At the event, independent MLA, Jignesh Mevani, called for a march to protest the delay in transferring rights. An Ahmedabadbased advocate and activist told The Wire that the resettled families feared displacement again as they lacked any legal proof of ownership. Reportedly, in some cases, the previous owners of the lands were threatening the residents of these relief colonies to vacate the land. However, the resettled families were helpless as they lacked proper documentation. Moreover, for these residents getting loans and availing of other facilities is a big challenge because they cannot furnish residence proofs, as reported. Meanwhile, though civil society organisations such as Janvikas have continued to support affected families in getting ownership of their house, the government is still inactive.
Demand/Contention of the Affected Community
Demand for legal recognition of land rights
Demand for rehabilitation
Complaint against procedural violations
Other Demand/Contention of the Affected Community
Region Classification
Urban and Rural
Type of Land
Both
Non-Forest (Grazing Land), Non-Forest (Other than Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
106.57
Type of investment:
Investment Made
Year of Estimation
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Other
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Non-rehabilitation of displaced people
Lack of legal protection over land rights
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Gujarat High Court; Supreme Court of India
Case Number
SCA/14664/2008; SLP(C) No. 015284 / 2012
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Displacement
Whether criminal law was used against protestors:
Reported Details of the Violation:
16,087 persons who were displaced during the 2002 Gujarat Riots are identified as Internally Displaced Persons living in the relief colonies
Date of Violation
February 27, 2002
Location of Violation
Gujarat
Government Departments Involved in the Conflict:
Gujarat State Government
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
No
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Bhartiya Janta Party, United Progressive Alliance
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Aditi is a freelance development researcher. She has a Master’s in Development Studies from the Entrepreneurship Development Institute of India. She has previously worked with WWF India on forest-based livelihoods and international wildlife trade. She has also worked on the Forest Rights Act in Dangs district in Gujarat. Her paper, “Forest-based livelihoods, Malki practice and Forest Rights Act in Gujarat: The case of Adivasis in the Dangs,” has been published in the book, Adivasis in India: Livelihoods, Resources and Institutions, by Bloomsbury India.
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