Tahe Essay

594 WordsMar 9, 20123 Pages
COURSE TITLE: FC5 LAW AND SOCIAL WORK 2011-2012 “A Bill to ensure a humane, participatory, informed consultative and transparent process for land acquisition for industrialisation, development of essential infrastructural facilities and urbanisation with the least disturbance to the owners of the land and other affected families and provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition and make adequate provisions for such affected persons for their rehabilitation and resettlement thereof, and for ensuring that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post acquisition social and economic status and for matters connected therewith or incidental thereto.” Does the Land Acquisition, Rehabilitation and Resettlement Bill as introduced fulfill the promise it makes in its preamble and provide social justice to the people? “...radical critiques of the law in India... teaches us to recognize that the law is an instrument of class domination, of disorganizing the disadvantaged, of fracturing their emergent unity, and disorienting the people's struggles for a just society“ (Upendra Baxi). Comment. Statute law determines the process by which the relationship between a community and its resources may be affected, even as it redefines rights. Discuss this in the context of any marginalised community. “The relationship between violence, power and the law is especially evident to those committed to democratic values. There is an overwhelming play of violence as power and power as violence, sometimes in breach of the law and sometimes as a tool for its enforcement. If violence in society is perceived as a breach of the law, the law itself is equally violent and in fact has an

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