EVICTION

The workshop aimed to understand the term and processes of 'Eviction' and presented below are the different definitions of Eviction which reveal its complexity

Office of the United Nations High Commissioner for Human Rights (2014:5) states

“Not all evictions [are] prohibited under international human rights law. The prohibition of forced eviction does not apply to evictions carried out both in accordance with the law and in conformity with the provision of international human rights treaties. For instance, it may be necessary to displace people from hazard-prone land to protect lives.”

Various elements, separately or combined, define a forced eviction: – A permanent or temporary removal from housing, land or both; – The removal is carried out against the will of the occupants, with or without the use of force; – It can be carried out without the provision of proper alternative housing and relocation, adequate compensation and/or access to productive land, when appropriate; – It is carried out without the possibility of challenging either the decision or the process of eviction, without due process and disregarding the State’s national and international obligations.
Committee on Economic, Social and Cultural Rights, general comment No. 7 (1997) on the Right to Adequate Housing: Forced Evictions states:

Forced eviction is “the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection”
Housing and Land Rights Network (HLRN) states:

The practice of forced evictions involves the involuntary removal of persons from their homes or land, directly or indirectly attributable to the state. The right not to be forcibly evicted is an element of the human right to adequate housing.
The UN Basic Principles and Guidelines on Development-based Evictions and Displacement (2007) further expanded the definition of forced evictions to mean:

Acts and / or omissions involving the coerced or involuntary displacement of individuals, groups and communities from homes and / or lands and common property resources that were occupied or depended upon, thus eliminating or limiting the ability of an individual, group or community to reside or work in a particular dwelling, residence or location, without the provision of, and access to, appropriate forms of legal or other protection.
In Resolution 2004/28, the Human Rights Commission recognized that:

The often violent practice of forced eviction involves the coerced and involuntary removal of persons, families and groups from their homes, lands and communities, whether or not deemed legal under prevailing systems of law, resulting in greater homelessness and inadequate housing and living conditions.

RESETTLEMENT

Resettlement is the process of moving people to a different place to live, because they are no longer allowed to stay in the same area. In cities, the informally built settlements are found to be evicted due to various reasons including urban development, infrastructure development, urban beautification projects, property market forces, political reasons etc.

Delhi has a long history of policies designed to remove Jhuggi-Jhopri (JJ) clusters from the city centre and relocate their residents to the city's periphery, a recent one being the ‘Delhi Slums and JJ Rehabilitation and Relocation Policy, 2015’. The earlier policies provided the affected households with the land parcels whereas this approach has now shifted to the provision of constructed flats.
The resettlement colonies are supposed to be planned to provide basic services to the residents which are often absent in the JJ clusters. As they often include households from various settlements around the city, they become a heterogeneous a mix of communities.

While resettlement benefits many, it also disrupts communities and affects livelihoods severely. During the workshop, two resettlement colonies were studied along with the impact of resettlement on people's lives: Madanpur Khadar which was resettled 15 years back and Dwarka Sector 16 which was resettled just a year back. The documentation of both the settlements can be viewed here (Madanpur Khadar) and here (Dwarka)