Int. J. Human Rights and Constitutional Studies, Vol. 10, No. 2, 2023 163
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Protection of human rights of oustees in India:
a review
Rajesh Kumar Karna
Dr. S.R.K. Government Arts College,
Yanam, Pondicherry, 533-464, India
Affiliated to: Pondicherry University, India
Email: rajeshkarna68@gmail.com
Abstract: In this age of human rights, the rights of development-induced
displaced persons deserve proper attention hitherto consciously ignored by both
state and international regimes. Unlike other internally displaced sections, the
rights of oustees have been violated by its own state in the name of public
purpose. Unfortunately, they never attract international attention despite
constituting a major portion of internally displaced persons. Paradoxically, the
state that bears the responsibility as protector of human rights has become its
sole violator and does not even care to rehabilitate. Using published literature
on various cases of development-induced displacement, this paper examines
how different human rights of oustees protected under various international
covenants are being violated and constantly side-lined, particularly in India. It
concludes that oustees who suffer in the name of nation-building are often
called ‘beneficiaries’ of the very project that destroyed their livelihood while
the state responds opportunistically by breaching national and international
human rights regimes.
Keywords: human rights; development; displacement; state; oustees; internally
displaced persons; IDPs; rehabilitation; India.
Reference to this paper should be made as follows: Karna, R.K. (2023)
‘Protection of human rights of oustees in India: a review’, Int. J. Human Rights
and Constitutional Studies, Vol. 10, No. 2, pp.163–175.
Biographical notes: Rajesh Kumar Karna is currently teaching political
science in the Dr. S.R.K. Government Arts College (affiliated to Pondicherry
Central University), Yanam, Puducherry, India. He is also pursuing his PhD
research on ‘Politics of land acquisition and dispossession’ in the Department
of Political Science, University of Hyderabad. His research areas cover politics
of land acquisition, involuntary displacement including migration, human
rights, public policy and statehood movements in India.
1 Introduction
Displacement, mainly forced, always raise serious human rights concern. Indeed, the
cause and nature of displacement and extent of human rights violation vary, depending
upon the context. Data indicates that persons displaced by violence, natural calamities,
human-made disasters like ethnic cleansing, development projects supersede the
displacements of great wars. As per United Nations (UN) High Commissioner for