A 'capability approach' to understanding loses arising out of the compulsory acquisition of land in India

摘要

This research re-examines the nature and intensity of losses, associated with the compulsory acquisition of private land for public projects, through the lens of the 'capability approach.' Through in-depth interview of forty-seven landowners in and around Bengaluru city, whose land is currently under notification for compulsory acquisition for the Bangalore Mysore Infrastructure Corridor (BMIC) project, this research identifies eighteen functionings of land which are crucial to the well-being of the landowners. Together these functionings encompass the financial, social, political and personal aspects of landowners wellbeing and are grouped under five heads: (i) being able to secure basic necessities for life, (ii) being financially secure, (iii) being able to protect oneself from discrimination, exploitation, violence, and assault, as a fundamental human right, (iv) being able to establish social associations and harness personal, familial, and societal interests through these associations, (v) being able to maintain and enhance self-respect and identity. The role of land in providing access to food, shelter, income, and credit, for the poor and agriculturists, is identified as the most valuable functioning. Financial security arising out of using or leasing land is another very important functionings, particularly for those who are financially dependent due to physical disability, poor education, lack of employment, social discrimination, and other reasons. Among other most valuable functionings of land is the financial autonomy and physical security it grants to the women and Dalits, who are vulnerable to homelessness, landlessness, and physical violence. This research also brings out the crucial role of land ownership in safeguarding self-respect and self-identity of the landowners. Findings from this research pave the way towards designing a fairer mechanism of compensation through which all the valuable functionings of each affected landowner can be satisfactorily reconstructed or replaced.