ABSTRACT
Land rights are quite complex zones in the constitutional spaces. Property rights have been reviewed from the right to development of community, its abuse by the government by exercising the provision of eminent domain, its implications on multitude of individual rights and by conducting a time and area-specific study to find the impact of development-induced displacement on land and livelihood. The themes the chapter will attempt to explore are, first, land to be an indispensable element for the fundamental right to life, even though the right to property has been eroded from the fundamental rights under the constitution of India. Secondly, it also questions the state power on eminent domain at moral as well as at the legal level. The chapter takes the social economic and political perspective for the interpretation of law and takes development-induced displacement and its impact on individual rights as the context of study. Third, the chapter infers that development-induced displacement being termed a ‘necessary evil’ is just a façade. Since land rights are so interwoven with right to life, it cannot be touched upon except with minimal disturbance to human life and dignity. The way state exercises its prerogative of eminent domain leads to a compromise of human life and dignity. Fourth, the way the state exercises its power is different than the legislative debates on land rights. Hence revisiting the legislative debates will help to synchronise right to land without compromising developmental needs. The chapter explores the journey of land rights within the Indian legal framework while measuring the role each of legislature, executive and judiciary in arriving at its conclusions.
