Inakshi Walia (MSW student Delhi School of Social Work)
Vikrant Nagaich (Law student, NLU Jodhpur)
(Writers were interning with Ghar Bachao Ghar Banao Andolan)
Slums are seen to be indispensable to any urban city. They are informal settlements by people who mostly migrate from rural to urban areas in search for jobs and a better source of livelihood. Protection of mangroves it has been seen as one of the reasons why slums are being ‘evicted’. Ironically, authorities have been overlooking land encroached by private builders.
Action taken by authorities: On private builders-
According to Mr. Stalin of Vanshakti, there are approximately 500 Public Interest Litigations (PIL) which have been filed by different action groups and individuals against destruction of mangroves land and CRZ violation. Ironically, when asked the Chief Forest Officer, Mr. Vasudevan, completely denied the possibility of any private building existing on mangrove land.
Repercussions of evictions on slum dwellers-
Loss of shelter/safety– One of the most severe impacts on the slum dwellers because of evictions is the loss of shelter. Most of them are forced to take up rented accommodations which take up more than half of the money that they earn. Rest of them who cannot afford a rented accommodation end up in small shanties made of plastic sheets and bamboos ultimately living under constant threat of eviction. To everybody a home is an identity and they are ripped off their identity. One of the victims of slum demolitions earns Rs. 10,000 a month and has seven other mouths to feed, which include his wife and 6 children. He is now paying Rs. 5,000 as rent for his new accommodation. He barely gets to save any money and the finances of their whole house have been affected. How fair it is for a family of 8 to survive on bare Rs. 5000?
Effect on education of children– Loss of shelter affects other important aspects for instance children’s education. One of the children in the Malavani No. 8 slum lost his home to recent eviction drive there. He was a class 12th student and this year happens to be the most crucial year in a student’s life. He is now homeless and is helping his father build another house nearby. Where is the right to education for such children?
Loss of adequate services– Adequate services include basic water and sanitation facilities. Though, the quality and standard of these adequate services (if they are at all available) is a far cry, still there is a possible access to these services when one lives in a community. Demolition leads to lack of access to these services and unfortunately they have to defecate in the open which makes them prone to deadly diseases, women having the greater chances of getting affected.
Loss of ‘Social Capital’– Social capital is based on the idea that ‘social networks have value’. It is based on the norms of reciprocity. It is the expected economic or collected benefits derived from preferential treatment and cooperation between individuals and groups. People depend on each other ‘socially’ which increases their productivity by satisfying their social needs.
Is slum eviction justifiable as per HC directives?
While we understand the importance of the mangrove forests and the ecosystem associated with it, we fail to understand the arbitrariness and the selective manner in which the order is being executed. It is claimed by the forest department that there have been no violations by private builders when it comes to encroachment into the mangrove forests. However, we have found numerous cases of private as well as government buildings which have been constructed in violation of the same order and crz regulations. A few examples would be Dhaval Developers, Sec 8, Charkop; Saibaba Housing Society, Charkop; Navi Mumbai Municipal Corporation building; Rising City, Ramabai Ambedkar Nagar. The list has many such names. The forest department has not issued a single notice to such buildings even when they have been constructed after clearing or encroaching upon vast areas of forest land after 2005.
The only demolition drives carried out by the authorities in the name of protecting mangroves have been in slums and houses for the underprivileged.
We understand that the intentions of the high court while introducing the order were the protection of the environment and the conservation of the fragile ecosystem. It must be noted that the fragile state of the ecosystem can be attributed to human activities as a whole and not just slum dwellers. The debris material from heavy construction sites, garbage dumped by contractors and industrial waste are a much bigger contributor. This has been widely accepted in many studies. However, there has been no crackdown on the same by the authorities. There is no reasonable basis for this differential treatment and hence, it is a violation of Article 14 of the constitution. (Transport and Dock Workers Union vs Mumbai Port Trust)
Every action of the state must be informed with reason and must be free from arbitrariness. That is the very essence of the rule of law and its bare minimal requirement. (Dayaram Shetty vs IAA)
Just as a malafide act has no existence in the eyes of the law, even so, unreasonableness vitiates law and procedure alike. The procedure must confirm to norms of justice and fair play. If the action is unreasonable, it means the procedure established by law is unreasonable. (Olga Tellis vs Bombay Municipal Corp.)
Those who are willfully destroying the mangroves of Mumbai do not face any consequences for the same. Hence, the displacement of the poor slum dwellers who are doing this out of sheer necessity, as they have nowhere else to go is not justified. In addition to the arbitrariness associated with the implementation of the order, there also the issue human rights violation of those displaced. In the case of Shivsagar Tiwari vs. Union of India, the court clearly laid down that life, livelihood and shelter are linked. Hence, depriving these people of their houses is also a violation of their rights under Article 19 and 21. While we realise the importance of the environmental rights of the community at large, it must be realised that in the case of Subhash Kumar vs State of Bihar, the court discussed and justified the active stance of the judiciary in Environmental law and its association with environmental rights and said that it was because the most serious costs of environmental damage fell upon the impoverished and illiterate. However, in the present circumstances the people suffering due the implementation of these laws are the very people for whose protection they were intended.
Suggestions:
The slum dwellers living near the mangroves can be made a part of a forest protection society as is the case with tribal in forest land. They can explain the importance of the mangrove forests to their existence and be asked to preserve and protect the same. Hence, they live harmoniously with the forests in a symbiotic relationship.
As this is a case of environmental rights vs. housing rights (both of which can be included under the right to life and liberty under article 21), the people being displaced must be given preferential treatment as was held by the court in the Doon Valley case (Rural Litigation and Entitlement Kendra vs. State of U.P), where the right to livelihood of the employees was violated due to closure of a limestone mine causing excessive pollution. As these employees were given preferential treatment in government job applications, similarly, the slum dwellers displaced must be given preferential allotment in government housing schemes.
The authorities need to work in congruence with each other. Before demolition of a particular slum area the forest department or the collector should inform the Slum Rehabilitation Authority so that the latter can conduct a survey in the area and those people are rehabilitated who have documents establishing that they had been staying in Mumbai prior to 2000.
List of structures built after 2005 on mangrove land:-
1. Rising city, Ramabai Ambedkar Nagar
Rising City is a residential habitat/township of 28 acres. According to a resident of Prem Jyot complex in Indian Oil Nagar which is in proximity to the Rising City, the area was covered entirely by mangroves back in the year 2000. The construction started after the year 2005. He along with others, went to the collector to complain about the massive exploitation of the mangroves by the builder but the former said that the land belongs to the Public Works Department. Considering, that the PWD works towards building assets in built environment which include hospitals, schools, colleges, technical institutes and others, the fact that the land was given to a private builder adds to questionable actions involved with the project.2. Park in Malavni No. 8, Mandala
The park was built by the MLA of the area, Mr. Aslam Ramzan Ali Sheikh. Though, the mangroves in the area were cut down before the order of 2005 but the park is still a private property. It is clear through the images that the area was getting extended by destroying mangroves even after the order of 2005. Also, the area between the boundary of the park and the pillar erected by the forest department is less than 50 metres. However, there has been no action has been taken against the MLA, who is the owner of the park. Also, there is a gym inside the park that has been constructed for private purposes.3. MHADA area next to park
Just adjacent to the park is another area which has belongs to MHADA as per the description on the board erected on the land by the authority. The pillar that was erected by the forest department is broken. The area is lying vacant as of now and a part of it is being used as a dumping ground.4. Dhaval Developers, Sector 8, Charkop
The structure was built after 2005 which is again a complete violation of the 2005 order. A PIL has already been filed by the NGO, Vanashakti but no action has been taken by the forest department so far.5. Sai Baba Housing Society Charkop
Sai Baba Society is also one of the structures which is resting upon land which earlier had mangroves. The society has been built after the order was passed and no action has been taken against it.6. Bhimchaya, Kannawar nagar, Vikhroli
As aforementioned, Bhimchaya slum in Kannawar Nagar was demolished in the year 2011 on the pretext of ‘mangroves’. However, there is a private gymnasium that was constructed right next to the slum site and was built in the year 2012. Since then, no action has been taken by the authorities.7. Navi Mumbai Municipal Corporation
The office of Navi Mumbai Municipal Corporation is another example. It is evident through the images that it is a complete and blatant violation of the 2005 order. Sakal, a Marathi and English daily had also published a news article regarding the same dated 17.1.2007.8. Kokilaben hospital staff quarters, Andheri west
Kokilaben staff quarters were built after the order was passed. The distance between Kokilaben staff quarters and the mangroves is certainly less than 50 km (which is required as per the order).
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