Subversion Of Due Process For Seeking The Consent Of Communities In Land Acquisition And Resultant Land Conflicts

Land rights of local communities are often threatened in the context of increased demand for land and natural resources. A community’s choice to give, or withhold, their free, prior and informed consent (FPIC) to a project or activity planned to take place on their land is a recognized right of Indigenous peoples under international law. Though India does not have a broad FPIC framework, some laws in India provides for legal spaces and clauses that protect indigenous people and other communities. It mandates government bodies and the promoters of projects to obtain the consent of Indigenous people and other communities before acquiring any of their land for large-scale projects. A widespread perception among corporations and India’s bureaucracy is that such consent, and the procedures required for obtaining it, are hindrances to economic development and progress. The paper explores through case studies that conflicts that hold up large projects arise not because consent is sought but due to lack of implementation, and violation or subversion of the consent provisions. It also uses land conflict watch report to substantiate the violations and conflicts and argues for a strengthened robust FPIC process.