Summary
In a
demolition drive that began on 8 December 2004 and still
continues, the Maharashtra government and the Brihan
Mumbai Corporation (a municipal government body)
demolished 70,000 huts, which they claimed illegal. In
the process, 306 acres of land were cleared, dislocating
over 300,000 people and affecting thousands of others.
People are suffering in cold nights, children were
exposed to health hazards and school attendance in
various areas nearby dropped drastically.
On 8 February 2005, the Chief Minister of Maharashtra, Mr.
Vilasrao Deshmukh announced the plan to beautify Mumbai
into an international city like Shanghai - an ambitious
plan totalling 315 billion rupees (US$7.6 billion) for
better roads, public transport and removal of
encroachment. This contradicts the promise of the
Congress Party in its election manifesto in the recent
assembly elections - to protect slums built before 2000,
a promise widely believed to have garnered electoral
support among Mumbai's poor.
Unless immediate steps are taken, slum dwellers will
continue to be exposed to cold nights and other physical
dangers. The government, instead of providing basic care
to its people, is planning to de-list them from the
electoral rolls.
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Sample
Letter
We are shocked to learn about the recent
demolition of slums in Malad, Kurla, Mankhurd,
Cuffe Parade, Chembur, Govandi and other areas in
Mumbai by the government of Maharashtra and the
Brihan Mumbai Corporation, in an attempt "to
turn Mumbai into Shanghai". It is believed
to be one of the largest demolition drives in the
city, causing a lot of suffering for the 300,000
evicted, including children and the elderly.
We are aware that the action contradicts the
promise that the government made to its people
for 'reforms with a human face'. In October 2004,
the Congress-NCP coalition secured a majority of
assembly seats in Mumbai on the promise that all
the pre-2000 slums in Mumbai would be protected
and regularised. However, after the election,
Chief Minister of Maharashtra, Shri Vilasrao
Deshmukh of the Congress Party has ordered the
demolition of all post-1995 slums in the city.
It is sad that reports show the government of
Maharashtra, instead of taking immediate action
to remedy the suffering, plans to remove slum
dwellers from the electoral rolls. Such refusal
to hear its people's voice, is an embarrassment
and is surely not pleasing to your Excellency.
May we also remind your good government's
ratification to the International Covenant on
Economic, Social and Cultural Rights in 1979,
which states that "The States Parties to the
present Covenant recognize the right of everyone
to an adequate standard of living for himself,
including housing." (Art. 11)
In order to fulfill the promises and obligations,
we request your Excellency to intervene and
ensure your State Chief Minister:
-- devises a proper resettlement plan before
civic body begins further demolitions; and
-- makes urban development and rehabilitation
plan more people-friendly, e.g. involving
cooperative societies and local bodies in the
Slum Rehabilitation Scheme of Slum Rehabilitation
Authority and planning urban development that
will benefit the poor. |
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Background
Lack
of Proper Housing Policy in India
According to the Maharashtra State government
data quoted in Economic Political Weekly on 5 February
2005, around 60 per cent of Mumbai's population live in
slums; 73 per cent of its households live in one-room
apartments and 18 per cent in two-room structures.
There has been no standing policy to deal with housing
for the working class and the poor. A city of commerce
and enterprise, Mumbai has always been a magnet for those
looking for work not only in Maharashtra but also from
other parts of India. Over time, vacant land has been
encroached, marshland has been reclaimed and the homeless
have occupied pavements, and empty strips along railway
lines and water pipes.
Instead of increasing affordable housing facilities in
the city, successive governments have resorted to
piecemeal solutions to the problem. The most popular one
has been setting a "cut-off" date - i.e.
settlements built after the "cut-off' date will not
be entitled to alternative accommodation. According to
the Slum Redevelopment Scheme (SRS) brought in by the
Maharashtra Government in 1998, those who can establish
that their houses are set up before the "cut-off"
date are entitled to free alternative accommodation if
the land is re-developed by contracted developers or used
for other public purposes. It was premised that slum
dwellers had invested in developing the land and the
structures, thus they will be compensated with "free"
houses. However, often the slum dwellers have to pay
charges to the housing society once they moved into the
arranged accommodation. These housing societies are
registered entities under a societies registration act,
and comprise of households within a single or multiple
storey structure or a cluster of them. Members of housing
society are required to share the land tax. Often, slum
dwellers cannot afford this tax and are forced to sell
the premises and return to slums.
In addition, the cut-off date has been manipulated by the
present State Government in Maharashtra (Congress and the
Nationalist Congress Party). During pre-state election
period (August- September 2004), they promised that the
cut-off date would be extended up to 2000, but it was
instead hastily backtracked to January 1995 after
election victory in October 2004.
Lack of Empathetic Approach and Rehabilitation Plan
Demolitions were conducted in abrupt manner that
cares little for the settlers. In the past, the
demolition squad would come with sticks and axes and
manually break down structures. This gave the settlers
time to save their belongings. Recent demolitions,
however, took place with bulldozers and earthmovers
appearing overnight, aided by the police. Structures are
flattened within few hours, providing little time for
settlers to save their belongings, including papers that
prove huts existed before the cut-off date.
Life of the evicted settlers was deeply affected since
the recent demolition drive in December 2004. Children's
health and education were badly affected. According to
Indian Express of 25 January 2005, civic schools near
demolition sites across Mumbai are witnessing a drop in
attendance, implying thousands of children failed to
attend formal education. Several children were recorded
to have died from pneumonia after suffering the cold
nights, while some experienced bad stomach and vomit due
to unhygienic food and water exposed under open area.
Adults were also affected: parents are afraid to go to
work and old people are suffering the cold nights without
indoor accommodation.
Instead of considering rehabilitation measures for the
affected, the government further attempted to disregard
slum dwellers' opinion. In an article dated 22 January
2005, State Home Minister of Maharashtra, Mr. R. R. Patil
was quoted: "When we launched the (demolition)
drive, we never thought of their rehabilitation. Legally
speaking, that is not the responsibility of the
government." According to a report in the Indian
Express dated 11 February 2005, the Election Commission (EC)
plans to remove squatters from the electoral rolls. The
EC has reportedly asked the Brihan Mumbai Corporation to
send in a list of "illegal" slum dwellers, who
have moved in after the "cut-off" date or those
who have no proof (e.g. government ration card,
electricity bills, bank accounts) of residence prior to
1995. These people will be removed from the electoral
rolls. The Chief Electoral Officer Mr. Madan told the
media that according to the Representation of Peoples Act
1950, voters' names could be deleted from the electoral
rolls if they cease to be residents of the city.
Current Situation
Since the demolition began over 300 acres of
land have been recovered, but the government has not
announced any future plan for these vacant lands. The
civil society criticized that such failure to develop
lands is the exact reason why these lands were encroached
in the first place.
Local groups have been struggling with this battle
without much support in the last 2 months. Only recently,
the movement has started getting momentum with further
pressure from trade groups and political groups. Meetings
and protests were held at various locations across the
city to discuss the issue. However, the struggle goes on.
Narmada Bachao Andolan (NBA) leader Medha Patkar and
social activist, Vidya Chauhan were arrested on 12
February 2005, along with 120 others while protesting the
demolition of slums. On 21 February, Medha was arrested
again with 8 others and still being detained.
The demolition has stalled since 19 February 2005. Upon
the insistence of the Congress Party leader, Ms. Sonia
Gandhi, the cut-off date has been set at 2000, as
promised in the election manifesto. It is reported that
talks on rehabilitation of the evicted are being carried
out.
Sources:
Local newspapers: Indian Express, Times of India, The
Hindu
Magazines: Economic Political Weekly, Outlook, Frontline
Websites: Infochange.com, NDTV, Rediff.com
For photos and interviews, please visit "Slum Bay-
Found & Lost" http://specials.rediff.com/news/2005/jan/14sld7.htm
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