Hotline Asia Urgent Appeals -- UA050225(1)

Respect Rights of Slum Dwellers, Devise Resettlement Plan
~ INDIA ~
25 February 2005

Action Requested || Sample Letter || Background
Please respond before 10 March 2005
update

 

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.

 

Action Requested

Please write polite letters condemning this demolition drive in Mumbai and request the authorities to:

  • Devise a proper resettlement plan before government authorities begins further demolitions.

  • Make urban development and rehabilitation plan more people-friendly by involving cooperative societies and local bodies in the Slum Rehabilitation Scheme of Slum Rehabilitation Authority, and planning urban development that will benefit the poor.

Send letters to:    
Prime Minister of India
Hon. Mammohan Singh
South Block, Raisana Hill
New Delhi 110011, INDIA
Fax:


Email:
(91) 11-2301-9545
(91) 11-2301-6857

manmohan@sansad.nic.in
pmosb@pmo.nic.in

Send copies to:    
Shri Vilasrao Deshmuk
Chief Minister of Maharashtra
Vilasrao Deshmuk, 6th floor
Mantralaya, Mumbai 400 001, INDIA
Fax: (91) 22-2363 3272
The Chairman
National Human Rights Commission
Faridkot House, Copernicus Marg,
New Delhi-110001, INDIA
Fax: (91) 11-2338 4863
Ms. Sonia Gandhi, Chairperson of the Congress Party
Email: soniagandhi@sansad.nic.in
Diplomatic Representatives of India in your country.    
 

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.
 

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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