Vous avez cherché: marginalization (Anglais - Hindi)

a perceptible marginalization of women in the economic process and their low level of control over resources have been major impediments in improving their status in kerala .
केरल की आर्थिक प्रक्रिया में महिलाओं की प्रत्यक्ष उपेक्षा और संसाधनों पर कम नियंत्रण उनकी स्थिति को सुधारने में प्रमुख बाधाएं रही हैं ।

one of the cornerstones of the approach in guatemala is responding to the rights of chil - dren from the indigenous mayan community which , despite forming half the population , suffers from significant discrimination and marginalization .
देश की आधी आबादी होने के बावजूद यह समुदाय भेदभाव का शिकार है और समाज के हाशिए पर जी रहा है ।

visthapan ke symasya infrastructural development projects frequently result in the displacement of peoples from home giving way to dams, highways, or other large-scale construction projects. this article focuses on applying an ethical analysis of the tension between the right to development, on the one hand, and the resulting risks to human security and their human rights, on the other hand. the authors argue that displacement is a multidimensional phenomenon, not confined to physical relocation. it reduces the "quality of life" of human beings into sub-human conditions. studies on the social impact of development projects suggest that displacement mostly affects indigenous people and ethnic minorities. unsystematic and piecemeal approach to development has resulted in depletion of the environment and loss of ecological balance. it is suggested that this unsystematic displacement of humans amounts to a gross violation of article 21 of the constitution of india. the judiciary has further played an important role in protection of environment by incorporating "right to clean and healthy environment" under article 21. the founding fathers of the constitution, under article 39, imposed a mandate on the state towards distribution of resources so as to subserve common good. however, the law which has been consistently invoked for land acquisition is a pre-constitutional law dated 1894 with 'compensation' as the only remedy for the persons affected by such acquisitions and having no provisions for rehabilitation and resettlement. also, the article lays emphasis on various international policy guidelines and mechanisms, designed to safeguard those who are internally displaced as a result of development projects. in the light of the above mentioned problems, the authors suggests that a comprehensive national policy on rehabilitation and resettlement (nprr) of displaced population be framed replacing the anomalies of nprr, 2007. introduction "being forcibly ousted from one's land and habitat by a dam, reservoir or highway is not only immediately disruptive and painful, it is also fraught with serious long term risks of becoming poorer than before displacement, more vulnerable economically, and disintegrated socially"1. development-induced displacement can be defined as the forcing of communities and individuals out of their homes, often also their homelands, for the purposes of economic development.natural resource extraction, urban renewal or development programmes and infrastructure projects such as highways, bridges, irrigation canals, and dams all require land, often in large quantity. one common consequence of such projects is the upheaval and displacement of communities. it is estimated that 10 million people were displaced annually by these so called "developmental activities." however, national leaders and policy-makers typically viewed these as legitimate and inevitable costs of development, acceptable in the larger national interest. pt. j.l. nehru said 'if you have to suffer, you should do so in the interest of the country'2. indigenous people and tribal disproportionately affected studies on the social impact of development projects suggest that indigenous people including tribals and women are disproportionately affected. the scheduled tribes constitute about 8.1 percent of the total population of the country according to 1991 census but they also constituted 55.16% of total displaced people which indicates victimization of the tribals. development for the nation has meant displacement, pauperisation, or, at its very best, peonage for the tribals.3 impact of displacement forcibly ousted from one's land and habitat carries with it many risk .some of the identified interlinked potential risks intrinsic to displacement4 are: 1. landlessness 2. joblessness 3. homelessness 4. marginalization. 5. food insecurity. 6. increased morbidity and mortality 7. loss of access to common property. 8. social disintegration.5 development- displacement and environment in achieving the so called "greater common good" or "the national interest" the long run adverse impacts on the natural resources are ignored. various developmental projects stands accused of the destruction of entire environments, including flora, fauna, landscapes, river systems, water quality, and shorelines as well as the creation of mercury contamination, greenhouse gases, water quality deterioration, downriver hydrological change, reservoir sedimentation, transmission line impacts, quarries and borrow pits. the large scale deforestation due to mining and establishment of industries has resulted in climate change and inconsistent weathers. big dams submerge huge area of forest cover causing irreversible loss to varieties of flora and fauna besides the land area. the pollution (air, water, soil and noise) caused by the industries accentuate the miseries of the present as well as the generations to come. no wonder that the environmental impact assessment of most of the big and mega projects reveal that such hyped and appreciated mega ventures are nothing but surviving at human and environmental costs6. it is high time we realize the need of transforming our developmental policies to answer the larger human and environmental requirements until it becomes too late. human rights challenges that arise in relation to development-induced displacement there is no doubt about the developmental benefits of any planned project, but these cannot be weighed against human rights. human rights thus have to be considered independently. in 1986, the un general assembly adopted a declaration on the right to development7. the heart of the problem is that people displaced by development projects are generally seen as a necessary sacrifice on the road to development. the human rights that are affected : right to life the right to life and livelihood is threatened by the loss of home and the means to make a living when people are displaced from habitual residences and traditional homelands. the right to life is protected in the udhr (article 3) and the iccpr (article 6)8. in indian context, the supreme court in ollega tellis case envisaged right to livelihood under the aegis of article 21 and condemned the unjustifiable displacement of people from their land. right to life doesn't mean merely animal existence but living with human dignity and all that goes along with it like right to shelter9. moreover, unsystematic and piecemeal approach to development has resulted in depletion of the environment which "makes life worth living, materially and culturally10."and so it has lead to violation of right to clean and healthy environment. right to own property the rights to adequate housing and security of the person and property serve to protect individuals and communities from being arbitrarily displaced from their homes and land. the right to own property and not to be arbitrarily deprived of this property is spelled out in the udhr articles 17 as well as in article 6 of the icescr. rights to residence the eviction or displacement of persons unlawfully amounts to violation of the rights to freedom of residence11. article 19(e) of the indian constitution asserts right to residence as fundamental right. all these rights and many others are of direct relevance in the case of large-scale displacement of people. indeed, in a number of cases, not only socio-economic rights such as the right to housing that are at stake but a number of civil and political rights, from the right to be informed about the displacement procedures to the freedom of expression, may be violated if the government tries to coerce people to move out from their homes12. defects in compensation, rehabilitation and resettlement policy for the government and its agents of development, cash compensation seems to be the only panacea for the problems induced by displacement and only policy for rehabilitation. it's hard to believe that how land, natural resources, means of livelihood, social and cultural loss resulting from displacement can be quantified and compensated in monetary terms? moreover, the manner in which the law is framed and interpreted ensures that the displaced land-owner or house-owner is always the loser. the limited provisions in the land acquisition act to challenge the rate of compensation are, in practice, inaccessible to the indigent and illiterate oustees. even, only those landowners who were familiar with the legal details of the land acquisition took their cases to court. the value of the land is calculated as on the date of the gazette notification and interest is liable to be paid only from the date of taking possession up to the date of payment of full compensation. the laa thus does not take into consideration the escalation of the market value between the time of notification and the date of actual possession. the ill-effects of the displacement induced by development ought to be taken care off by the state and necessary arrangement thereof made, i.e. the displaced persons be resettled in a safe habitat wherein they can start their life afresh. however, this would require more than mere allocation of certain piece of land for resettlement or mere construction of make shift camps for temporary settlement. what is needed is the "rehabilitation" of the persons affected by the projects; rehabilitation means to "restore to the former condition", and thus, all that was lost by displacement, the emotional, cultural, social, political and economic losses must be restored at a priority basis than to the project itself, which is the cause of the impoverishment. the ethics of development induced displacement and rehabilitation (didr) in dealing with issues of development and displacement, important ethical questions are raised such as why is displacement often considered morally objectionable? under what conditions, if ever, can a development project justify displacement? is it ethically just to displace people so long as they are compensated? if so, what type of compensation is owed to displacees? according to peter penz,13 three broad ethical perspectives that can be used to justify development-induced displacement are public interest, self-determination, and egalitarianism. the public interest perspective, embodied in cost-benefit analysis, supports the decision that brings the greatest net benefits to the population as a whole. the self-determination perspective privileges freedom and personal control. in its form, forced displacement (at least of those who legally own property) is unjust because it violates property rights. the egalitarian perspective privileges actions that reduce poverty and/or inequality14. theoretically, can be justified here if it benefits the poor at the cost of the wealthy, but questions are raised when a project benefits an under-privileged group at the cost of another such group. as penz points out, is an ethically complex issue, in which public interest and distributive concerns stand in tension with self-determination and individual rights. he concludes that there are conditions under which can be justified, but that these conditions must be strong15. they include the avoidance of coercive displacement in favour of negotiated settlement, the minimization of resettlement numbers, the full compensation of displacees for all losses, and the use of development benefits to reduce poverty and inequality. unfortunately, in most cases of didr, these conditions have been violated. international and national organisation and policies over the past decade, different international legal entities and institutions have responded to the human rights impacts and risks of development-induced displacement by formulating a variety of guidelines, laws and best practices. some of the most important international guidelines and practice on this issue are: • the un guiding principles on internal displacement. • the oecd's guidelines for aid agencies on involuntary displacement and resettlement in development projects, 1992. • world bank's operational directive 4.30 on involuntary resettlement. • united nations and other international organizations- different agencies of un work as cluster and have sectoral responsibility to deal with the issue of development-induced displacement rehabilitation and resettlement. a. the representative of the secretary-general on idps the report formed by this agency is the basis for the provisions in the guiding principles on protection against displacement. b. internal displacement unit using the guiding principles as an overall framework, the unit identify and draw attention to gaps in the response to internal displacement c. world food program the essential condition for the provision of wfp food is the food insecurity of displaced people. d. un development programme undp in particular has become increasingly involved in programs involving the resettlement and reintegration of internally displaced populations. e. un-habitat the twin goals of the habitat agenda are "adequate shelter for all" and "sustainable human settlements development in an urbanizing world. recommendations ill-consequences of the displacement lead to the requirement of policies and legislations that address the issues of not only development induced displacement, but also about rehabilitation and resettlement. following are some suggestion and recommendations to deal with problem of displacement caused by development : 1. states should ensure that eviction impact assessments are carried out prior to the initiation of any project which could result in development-based displacement, with a view to fully securing the human rights of all potentially affected persons, groups and communities. 2. states should fully explore all possible alternatives to any act involving forced eviction. 3. sufficient information shall be provided to affected persons, groups and communities concerning all state projects as well as to the planning and implementation processes relating to the resettlement concerned, including information concerning the purpose to which the eviction dwelling or site is to be put and the persons, groups or communities who will benefit from the evicted site. 4. the state must provide or ensure fair and just compensation for any losses of personal, real or other property or goods, including rights or interests in property. 5. resettlement must occur in a just and equitable manner and in full accordance with international human rights law. 6. states should ensure that adequate and effective legal or other appropriate remedies are available to any persons claiming that his/her right of protection against forced evictions has been violated or is under threat of violation16. 7. to make new law on rehabilitation and change the laa (1894), since it goes against the rights of the poor. rehabilitation should not be separated from land acquisition and that the laa (1894) should be changed in such a manner as to minimize displacement and turn rehabilitation into an integral part of such acquisition. 8. the very basis of the land acquisition policies in its legal premises is required to be compatible with constitutional frame of fundamental rights, directive principles of state policy and special provisions for the scheduled castes / tribes and weaker sections. the effects of displacement spill over to generations in many ways, such as loss of traditional means of employment, change of environment, disrupted community life and relationships, marginalization, a profound psychological trauma and more. the issue of displacement is an example of how law has to be consistent with socioeconomic and political circumstances, and it appears to have failed in doing so. to conclude, there is a strong need to put legal thought into issues concerning the land acquirers as well as to thoroughly investigate issues regarding removing the imbalance from the system.
visthapan ke symasya