Problems Of Internally Displaced Persons In Western Ghats Region

Author: LawSphereX

Category: General Law

Published: 2026-08-23T20:47:22.541264+00:00

Updated: 2026-08-26T17:10:02.25+00:00

PROBLEMS OF INTERNALLY DISPLACED PERSONS IN

WESTERN GHATS REGION

Dr. Chandralekha V, Assistant Professor, SDM Law College, Mangalore, Karnataka

ABSTRACT

Persons who are forced to leave their dwelling place and are found within the boundary of state are called internally displaced persons. Basic human rights of those people are in danger. It is the duty of state to protect them and supply the basic amenities of life in the name of rehabilitation. But unfortunately, such protection has been lacked on the part of government. There is no specific law to protect such IDPs. Recently government of India passed Land Acquisition and Rehabilitation and Resettlement Act, in which government or private individual whoever it, can acquire private property for public purpose activities and suitable measures should take to resettle those people. This law is applicable for development induced displaced persons. What about the persons displaced because of Naxalites activities, natural calamities etc?

Such IDP’s are at high risk of subject to exploitation and vulnerabilities. They are subject to various Crimes especially sexual assault, physical assault etc. They are deprived of adequate food, shelter, health and education services. The tribal population displaced from Western Ghats region under development activities, are also struggle to adjust in rehabilitated area. Keywords: Displacement, Developmental activities, Resettlement and Rehabilitation

1.1 Introduction

The Western Ghats region of Karnataka, and other southern Indian states, faces challenges related to the displacement of indigenous and local tribal communities due to natural disasters, environmental conservation projects and development projects. The fear of life or lack of livelihood is another reason for leaving their dwelling place or habitat. The rehabilitation and resettlement of development induced displaced persons and project affected people are crucial issue for every government as there is no proper policy by the central government. Because of this the internally displaced persons (IDPs) are facing multiple problems in India.

1.2 Methodology

1.2.1 Objectives

The objective of this study is to identify the reasons for the problems of IDPs and to give suitable solutions for the same. Another objective is to analyze the policy documents and identify the rights of IDPs.

1.2.2 Literature Review

Protecting Internally Displaced Persons in India, by Tanushree Rao1, The article gives theoretical framework for the definition of Internal displacement and legal measures for the protection of IDPs at international as well as domestic level. It is the responsibility of the state government to manage and monitor the rights of IDPs and there is no central government policy for the same. This paper includes case studies from the state of Jammu and Kashmir, Assam and Northeast. Further the paper gave more stress upon armed conflict and violence related displacements and compared the policies of state governments in protecting IDPs in those places. The article is useful to analyze the common problem faced by the IDPs and legal provisions to protect them in India.

Effects of Insecurity on the Internally Displaced Persons in Northern Nigeria: Prognosis and Diagnosis, by Abdul Rahman Adame & Zuwaira Haruna Rasheed2, this paper is based 1 Protecting Internally Displaced Persons in India, by Tanushree Rao, E-International Relations, (15 July, 2013) availableat,https://www. e-ir. info/2013/07/15/protecting-internally-displaced-persons-in-india/#:~:text= Incorporation%20into%20domestic%20law%20has,(IDMC%202011%3A%208). Visited on 2nd December 2024 2 Effects of Insecurity on the Internally Displaced Persons in Northern Nigeria: Prognosis and Diagnosis, by Abdulrahman Adamu & Zuwaira Haruna Rasheed, Global Journals of Human social Science, Vol. 16, Issue 1

on the case studies in North Nigeria, and very useful to identify and analyze the common types of insecurity faced by the IDPs in different places. It also highlights the causes for such insecurities among IDPs and possible solutions to remove the same. The article is useful to understand the importance of legal provisions to protect the IDPs and the necessity of such laws in India also.

1.2.3 Research Problems and Questions

From the perspective of Constitution of India, it is the duty of state to protect IDPs and supply the basic amenities of life in the name of rehabilitation. But such protection has been lacked on the part of government. The government of India passed Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013 in which government or private individual whoever it, can acquire private property for public purpose activities and suitable measures should take to resettle those people. But unfortunately, this law is applicable for development induced displaced persons. What about the persons displaced because of Naxalites activities, natural calamities etc? Such IDP’s are at high risk of subject to exploitation and vulnerabilities. They are subject to various Crimes especially sexual assault, physical assault etc.

They are deprived of adequate food, shelter, health and education services. The tribal population displaced from Western Ghats region under development activities, are also struggle to adjust in rehabilitated area. The Indian Constitution provides fundamental rights for all the citizens and through directive principles of state policy, the state governments are directed to protect the economic rights of the people. But at present specifically there is no particular law which protects IDP’s exclusively. Day by day the number of IDP’s are increased and their problems are also increase still there is no proper machinery to protect those people.

1.2.4. Hypothesis

Lack of central policy for the protection of IDP is the reason for the problems of IDPs in India.

1.2.5 Data collection and limitations

The analytical method of study is adopted by taking primary and secondary sources of data available at https://globaljournals.org/item/5694-effects-of-insecurity-on-the-internally-displaced-persons-idpsin-northern-nigeria-prognosis-and-diagnosis Visited on 2nd December 2024

like Statues, Policies, books, journal, reports and web resources. The study is limited to problems faced by the IDPs in western ghats region and various policies concerning them. It does not include terrorism and armed conflict related displacements.

1.3 Meaning and Definitions of IDPs

Internally displace persons (IDPs) are those who are forced to flee their home but to remains within their own country’s boarder. IDPs remain in their own nation and expect protection from its government even though government has reason for their displacement. They lack the protection from the government and so their situation becomes vulnerable in the world. The government is under duty of arranging rehabilitation centers and IDPs struggle to get basic facilities in those rehabilitation camps.

According to the UN Guiding principles on internal displacement, “IDPs are persons or group of persons who have forced or obliged to flee or to live their homes, places of habitual residence, in particular has a result of or in order to avoid the effects of armed conflict, situations of generalised violence, violations of Human Rights or Natural or human made disaster and who have not crossed in international recognised boarder”3 It is very difficult to provide a comprehensive definition because sometimes we often confused between voluntary migrants and true internally displace persons.

It is difficult to determine when a person is no longer internally displaced, or when he or she has been “reintegrated” into their community4 Referring to economic and social Council resolution 78/1990; the Secretary General uses the term IDP to mean “Persons who have been forced to the flee their homes suddenly or unexpectedly in large numbers, as a result of armed conflict, internal strife, systematic violations of human rights or natural or manmade disasters; and who are within the territory of their own country”5 3 The demography of forced migration summary of workshop by national research council division behavioural and social sciences and education, committee on population, Holly reed, John Haaga an Charles Keely, (editors) Published by national Academy press, Washington DC, p 13

4 Id

5 Internally Displaced Persons by UNHR, available at https://www.unhcr.org/us/about-unhcr/who-weprotect/internally-displaced-people Visited on 6 February 2025.

1.4 Forms of displacement

1.4.1 Temporary Displacement and Permanent Displacement

The group of persons leave their home with the possibility or intention of returning in to home after certain period of time or removal of cause. This is one of the most visible forms of fight, caused by natural disaster such as cyclones, earthquakes, floods and volcanic eruptions.6 Permanent displacement- is one in which the persons move without any intention or possibility of returning. In this case displacement is caused, because of large scale development projects7 for example construction of Dam or of large scale distraction activities like dumping of nuclear contamination of other hazardous wastes.

1.4.2. Force full displacement and Voluntary displacement

Forceful displacement normally occurs when the people are not willing to leave their place but because of circumstances they were forced to leave their home. For example construction of dam, armed conflicts etc compels them to leave their home. Voluntary displacement normally occurs if there is lack of livelihood and other sources, or other suitable conditions. For example chronic water storage, agricultural failure, land- related problems etc. Generally people who move from their place of resident voluntarily within the country are called internal migrants and if it is forceful removal then it is termed as internal displacement.

1.5 Internally Displaced Persons in Western Ghats

The Western Ghats are internationally recognized as a region of immense global importance for the conservation of biological diversity, besides containing areas of high geological, cultural and aesthetic values8. A significant characteristic of the Western Ghats is the exceptionally high level of biological diversity and endemism and it is recognized as one of the world’s eight ‘hottest hotspots’ of biological diversity9

6 Rites of passage: border crossing, imagined homelands, India's east and Bangladesh. by Sanjay

Hazarika (Penguin books pub. 2000) p 82

7 Id

8 Western Ghats, by UNESCO, (2012) available at, https://whc.unesco.org/en/list/1342/ Visited on 17 November 2024.

9 Id

The Western Ghats go across a length of about 700 kms in Karnataka. Its longest, widest and deepest forests are located in Karnataka. At its maximum, the Western Ghats is about 200 kms wide in Karnataka and these regions i. e the Western Ghats that runs through Karnataka is called as the Malnad10. The Western Ghats forests are endowed with large species and habitat diversity, which is nowadays under threat by increasing demographic pressure and changing land use. It also shelter for several Adivasi or tribal groups who are the channels for conservation of traditional knowledge also. The indigenous people of the Western Ghats, including the Particularly Vulnerable Tribal Groups, constitute 44. 2% of the tribal population of 6. 95% of Karnataka11. This tribal population includes communities like Gowlis, Kunbis, Halakki Vakkala, Kare Vakkala, Kunbi, and Kulvadi Marathi.

These tribes derive main substance from the forest by collecting Non-Timber Forest produce (NTFP) The Malnad region receives rainfall in the range of 1,000 mm to 2,500 mm every year. Thus much of the dense rain forest area of the state lies in this region, which is rich in teak, rosewood and bamboo. The people grow important commercial crops like coffee, areca nut, pepper, cardamom and rubber in this region. Nagarhole National Park, Bandipur Wildlife Sanctuary and Bhadra Wildlife Sanctuary are the better known Protected Areas of Karnataka. Bhadra has been identified by biologists as a ‘biodiversity hotspot’, with high levels of biological productivity, species diversity and endemism12

1.6 Causes For Displacements in Western Ghats

1.6.1 Naxalite Activities

Naxalites denotes to the group of people waging a violent struggle on behalf of landless poor labourers and tribal people against government, land lords etc. Chhattisgarh people displaced because of Naxalite conflict worked as daily labours in government run construction projects in the collection of forest plant13. In Andra Pradesh also the tribal people who had fled from Chhattisgarh to AP because of Naxalite conflict, some found work in farm labourers with men 10 https://www. satp. org/satporgtp/countries/india/maoist/documents/papers/socialcondition. htm Visited on 6 February 2025. 11 Western Ghats - Geography by Drishti Available at https://www. drishtiias. com/to-the-points/paper1/westernghats-4 Visited on 6 February 2025. 12 Conservation-induced Displacement: A Comparative Study of Two Indian Protected Areas by Asmita Kabra, available on JSTOR https://www. jstor.

org/stable/26392984? seq=1&cid=pdfreference#references_tab_contents

13 Internally displaced communities available at www.alcindia.org visited on 21st June 2024

earning for rupees 50 and women only rupees 30 per day14. How naxalite movement results in displacement of people is rightly explained by Mr Subash Mahapatra with an incident as follows. “In the summer he was called to meeting by salwa judum15 and told he would be beaten if he did not give up the names of Maoists in his village, he was not very interested in Maoists – he gave up the names two days later he was summoned to a meeting with the Maoists where he was beaten. In the autumn salwa judan returned with police and told the villagers to leave or they would be violently forced to leave. Salwa judan burnt the village. Now all the villagers from kotrapal live in a relief camp”16. There is a close linkage between environmental protection and human security in the Western Ghats in terms of the growing menace of the Maoist, or “Naxalite,” insurgency.

The people leave their habitat and work as daily labourers in city area. Some of the environmental management issues do play a role in driving displaced communities, particularly tribal communities, into the Maoist movement in the Western Ghats also17.

1.6.2 Developmental Activities

Development induce displacement can be define as the forcing of communities and individuals out of their homes, after the number of economic development.18 The increase in the number of development induced displaced population and their rehabilitation and resettlement is one of the major challenges for the central and state government. Due to the population it is difficult for a government alone to achieve welfare state. In order to achieve Jermy Beanthams concept of greatest happiness for greatest number, it is necessary to do certain scarifies by the people of particular region. Mining and establishment of large scale industries resulted in deforestation and displaced of several tribal populations and in construction of various dams for electricity

14 Id

15 It literally means “peacefull hunt”. It is a government supported counter in surgency movement against Naxalite in the name of spontaneous, self-initiated peaceful people movement 16 Conflict induced displacement in Chhattisgarh analysis and situation report on the displacement camp in Dantewada by Subash Mohapatra, available at www.mcrg.ac.in visited on 21st June 2024 17 What’s Worth Saving? Maoists, Forests, and Development in India’s Western Ghats By Dhanasree Jayaram (2013) https://www.newsecuritybeat.org/2013/06/whats-worth-saving-maoists-forests-development-indiaswestern-ghats/ Visited on 1st July 2024 18 Development Induced Displacement by Ms Shilpi Jain, Available at www.manupatrafast.com visited on 19th July 2024

generation, takes away agriculture land form farms. These agriculture farmers after receiving merger amount of compensation from the respective government will settle in different parts of India. There is no doubt about the developmental benefits of any planned projects, but these cannot be weighed against human rights19 The supreme court of India in Olga Telles case20 upheld the right to livelihood under article 21 and condemned the unjustified displacement of people from their land and once again SC held in 2000 that, the rehabilitation must be provided before actual displacement and not after that. But the government of India has taken a firm stand that the rehabilitation would not be a prime consideration while acquiring land for public interest21. Since independent development induced displacement is very common in India.

There were people who were subjected to multiple displacement in a single generation. As mentioned by Mr. Parshuram Ray “one of the interesting cases is that of displaced of singrauli who are part of the over two lakh people first displaced by the Rihand dams in 1964. Nearly ten thousand of people in the absence of any resettlement programmes settled on the banks of reservoir cultivating the land and were subsequently displaced by thermal power plants, coal mines, Railways, Industries, and urbanisation. Found displacement for an incomprehensible fifth term in a single generation or think temporary settlement are to be evicted to make way for urban, road and rail transport and afforest ration projects22.

Globalisation has been another threat to indigenous as private conglomerates (Including foreign multi nations) encroach upon rural lands, hitherto the domain of tribal and other indigenous communities, to build the governments desired industrial infrastructure. 23 The Western Ghats have been at the center of several controversies due to a host of developmental projects inside the range or on its fringes. In the case of Kudremukh National Park, the national government uprooted the tribal population forcefully from their traditional habitat and took away their livelihoods to protect the forests. It is in situations like Kudremukh that the government needs to take effective measures to prevent conflict by either peacefully 19 Development indeed displacement by Ms shilpi Jaint Yogesh Dixena a/at www. manupatrafast. com visited on 19th July 2024

20 1986 AIR 180/ 1985 SCR. Supl (2) 51.

21 Internal displacement and the development debate by Dr. Pallavi Hazarika, International journal of science and research (online) vol.6 issue 1 January 2017, page 696. Available at www.ijsr.net visited on 19th July 2024 22 Development induced development in india by Parshuram Ray, sarwatch , Journal of south Asian refuge watch vol 2, No-1 July 2000 apt course. Arch. Vt.edu p36.

23 Internal Displacement In India Causes, Protection And Dilemmas by Mahendra P. Lama available at

www.fmreview.org visited on 20th July 2024

resettling the tribes or declaring them as a biodiversity asset so they will not be deprived of their rights to use the forests in traditional ways under the Forest Rights Act of 2006 (e.g., collecting “minor forest produce” – non-timber forest products, such as medicinal and aromatic plants, oil seeds, fiber and floss, bamboo, reeds, grasses, and so on.24

1.6.3 Conservation induced displacement

Another such case occurred under the Bhadra Land Acquisition and Resettlement and Rehabilitation (LA and R&R) Project of the Government of Karnataka. Declaration of the Bhadra Wildlife Sanctuary as a Project Tiger Reserve resulted in growing attempts by the Karnataka Forest Department to ‘manage’ this Protected Area scientifically, and to reduce human disturbances within the area of the Sanctuary. According to forest department, the resettlement of villages from this Protected Area was posited as a ‘win–win’ solution to the problems of conservation and development in the Bhadra Wildlife Sanctuary. But this plan was resisted by the people due to poor experiences of other resettled people nearby, especially those resettled during the construction of the Bhadra dam and reservoir.

The documents pertaining to the Bhadra Land Acquisition and Resettlement and Rehabilitation Project do not explicitly set out the scientific basis for the decision to relocate villages. There was no official surveys, studies or reports of the Forest Department are available to support this claim, and no other studies by independent researchers have been cited in the Relocation Plan or other official documents to justify the need for village relocation25.

1.6.4. Natural Calamities in Western Ghat and displacement

The Western Ghats, a mountain range in India, is highly susceptible to natural disasters such as floods, landslides, and cyclones, which have led to the displacement of people living in the region. The Wayanad landslides of 2024, have caused substantial damage, disrupting the lives of plantation workers and their communities, resulting in material loss, economic decline, and long-term environmental degradation26. In some natural disasters, IDPs do not have the option 24 What’s Worth Saving? Maoists, Forests, and Development in India’s Western Ghats By Dhanasree Jayaram (2013) https://www. newsecuritybeat. org/2013/06/whats-worth-saving-maoists-forests-development-indiaswestern-ghats/ Visited on 1st July 2024 25 Conservation-induced Displacement: A Comparative Study of Two Indian Protected Areas by Asmita Kabra, available on JSTOR https://www. jstor. org/stable/26392984?

seq=1&cid=pdfreference#references_tab_contents Visited on 1st July 2024 26 Wayanad Landslide Disaster: Impact, Response, and Implications for Future Resilience, by Azad, salim, et al. available at https://www. econstor. eu/handle/10419/301067 Visited on 12th December, 2024

of return to their home, e.g. those displaced by riverbank erosion or land slide etc.

1.7 Problems of ID persons

IDPs face several problems in various fields, internally human right abuse due to the low priority given to displacement issues by both central and state government and the absence of a clear-cut government policy on pre and post displacement situations, an immediate solution to internal displacement, and the plight of the internally displaced appears, unlikely in the foreseeable future. 27. In case of development induced displacement, IDPs are made to struggle to get either compensation or alternative arrangement. They are compelled to settle in an unknown place and from the beginning all the works and documentation they must do to represent as citizen of India and to get further benefits from the government if any. In the process of resettlement several conflicts and difficulties faced by the IDPs of Western Ghat and often it led to the further displacement in search of lively hood.

The people are forced to adopt certain occupation which is totally new to them. For example, the households living inside the Bhadra Wildlife Sanctuary depended for subsistence on a combination of agriculture, forest-based extraction and processing of resources. The shift to an area outside the sanctuary reduced their access to forest resources, and made agriculture their prime source of livelihood. They suffered due to loss of resources and raw materials that were earlier obtained for free from the forest, but now have to be purchased at the relocation site28. Displaced communities specially Adivasis of western ghats, often faced social exclusion and marginalization in their resettled area.

The displacement of indigenous communities from the Western Ghats has had significant impacts on their cultural and social identity, as they are often separated from their ancestral lands and traditional way of life29. Most of their traditional knowledge and practices associated with biodiversity’s will be discontinued.

1.8 Laws relating to IDPS

In India there is no specific legal framework or national policy to protect the rights of IDPs. 27 Internaly displaced people; A lobal survey by global IDP survey 2nd Edition ( Earthscan publication Ltd, London)

28 Supra Note 22

29 Development definitions of internally displaced people and the government: A study of Chenchu tribe in Nallamala forest of Southern India by Malavika Jinka Ramamurthy and David M Hoffman, Available at https://www.frontiersin.org/journals/conservation-science/articles/10.3389/fcosc.2023.1126168/full visited on 6 February 2025.

The basic human rights are enumerated in the constitution of India as Fundamental Rights are equally available to the IDPs. The Directive principles of State Policy impose obligation upon the Government to protect the economic rights of IDP and to provide basic humanitarian facilities to them. In Olga Tellis & ors v. Bombay Municipal Corporation & ors30, the Supreme Court held that the pavement dwellers and slum dwellers had a right to life which includes right to livelihood and other basic humanitarian facilities cannot be curtailed without due process of law and procedure. There are some general legal provisions that may apply to safeguard the rights of IDPs. For instance, the Constitution of India guarantees fundamental rights to all citizens, including the right to life and personal liberty31, which can be interpreted to include the right to shelter and livelihood.

However, the lack of IDP-specific legislation means that there are no clear accountability mechanisms or equity and human rights measures tailored to address the unique challenges faced by IDPs32. There are other laws and policies at state and national level like Protection of Human Right Act 1998, Land acquisition Act, the Disaster Management Act, the National Policy on Disaster Management, and the National Rehabilitation and Resettlement Policy, etc to protect IDPs. Under these policies, it is the responsibility of state government to provide the resettlement or rehabilitation facilities to IDPs At the international level, General Assembly of United Nations Organization adopted a Guiding Principle on Internal Displacement, addresses the specific needs of internally displaced persons worldwide33.

This Guideline identify the rights and guarantees the protection of persons from forced displacement and assistance during displacement as well as during their return or in resettlement or in reintegration34.

1.9 Analysis and Suggestions

There was no comprehensive law in India to protect the displaced persons. In case of

30 AIR 1986, SC 180, available at https://indiankanoon.org/doc/709776/

31 Art. 21 of Indian Constitution

32 Evagora-Campbell et al., Legislation for advancing women’s leadership in the health sector in India and Kenya, 2024, available at: https://gh.bmj.com/content/bmjgh/9/7/e014746.full.pdf, visited on 6 February 2025. Guiding principles on Internal Displacement by Walter Kalin, (2008) Available at https://heinonline.org/HOL/LandingPage?handle=hein.journals/stdtlp38&div=7&id=&page= , visited on 6 February 2025.

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development related displacement, The Land Acquisition Act of 1894, says that the IDPs should get rehabilitation facilities by the Government. But there were many loopholes in that enactment. The rehabilitation policies of government do not cover landless labourers, fisherman, artisans, tribal people, etc. The rates of compensation paid for the land acquired are also scanty amount. So, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is passed with the aim of limiting the large scale displacement as far as possible. This is the very first law that links land acquisition and the accompanying obligations for resettlement and rehabilitation. But in cases of displacement, other than developmental induced displacement people who suffer loss are not protected under any law or policy.

There is no any exclusive law which gives protection to those IDPs. They are treated as ‘migrant labourers’ and deprived with basic facilities. In order to get benefits from the government, it requires some document to show them as citizens of India. The IDPs who lost such documents will be in the situation equivalent to refugees. Without basic food, clothing, shelter, health and education facilities, their life became miserable. Such people will be subject to the re displacement. Only the constitution of India through the concept of fundamental rights can grant rights and protect to them Thus, there is a need for the passing of one central law applicable to entire country so that the uniform resettlement policies and procedures can be followed.

In case of Naxalites or natural disaster induced displacement the state and central government should provide all humanitarian facilities to IDPS. The IDPs can be provided with preferences in government jobs and suitable training so that they can start earning their livelihood. In case of developmental induced or conservation induced displacement, voluntary resettlement can be encouraged by the government. Privately funded voluntary resettlement process by various NGOs helped several families to settle in a new place. For example, in Kudremukh, the NGOs have focused on identifying smaller settlements located deep in the reserve whose relocation would successfully consolidate large blocks of wildlife habitat35. After identifying suitable alternate agricultural land at locations of their choice, many families voluntarily moved for resettlement in 2003 and 200636.

Thus, the government can encourage 35 Lessons from Voluntary Resettlement in the Western Ghats by Dr. Ullas K Karanth, 2011, available at https://www. conservationindia. org/articles/lessons-from-voluntary-resettlement-in-the-western-ghats, visited on

4 March 2025.

36 Id

for voluntary resettlement through NGOs to avoid various legal complications occurred due to lack of laws. The young generation living in remote forest or conserved or Naxalite affected areas are attracted towards modern life amenities, better opportunity to earn income, easier lifestyle, etc and voluntarily agree for resettlement process in developed areas. The law should encourage it and should provide basic amenities to such families. Thus a comprehensive law that exclusively deals with the protection of basic human rights of IDPs and to encourage voluntary resettlement in certain case is the need of the day.

1.10 Conclusion

In India legal provision concerning IDPs is suffering from significant gaps. The absence of specific laws for the protection of IDPs who are forcefully displaced from their habitat, may contribute to the exploitation of this vulnerable population. To address this issue, the Indian government could consider developing a comprehensive national policy and legal framework for IDPs, incorporating best practices and ensuring accountability mechanisms for effective implementation. It is important for the government to create awareness among the people to understand that they are free to move out of certain place for their better life.