Dimapur, July 10 (MExN): A memorandum submitted by LASS to the Deputy Commissioner of Karbi Anglong district has highlighted certain Articles of the Constitution of India that render the proposed acquisition by the military, as completely illegal by law. It cited Article 19 (1) (e) that entitles all its citizens “to reside and settle in any part of India” and Article 19 (5) which guarantees this fundamental right as unrestricted “for the protection of the interests of any Scheduled Tribe”. Article 21 states “No person shall be deprived of his or personal liberty except according to procedure established by law”. It also cited the Directive Principles of State Policy which constitutes the “Conscience of the Constitution” aiming at establishing a “Welfare State”.
Describing shelter as one of the most basic necessities of life, it alluded to Article 11 (1) which is widely recognised under international human rights law, including the right to be protected from forced evictions. Also Agenda 21 adopted by the UN Conference on Environment and Development states that people should be protected by law against unfair eviction from their homes or land and that various human rights’ bodies have declared forced evictions to be gross violations of human rights. It also states one report to the UN Commission on the status of women which says that forced evictions should be avoided since they particularly increase the vulnerability of women and children. Point 26 of the memorandum states “the most disturbing fact is that the indigenous, tribal and other minority inhabitants are apprehensive that the government of India is pursuing a policy of blatant, random and disproportionate land acquisitions in the NE region as compared to the rest of India, will deprive them and their future generations of their traditional homelands”.
