The ‘Voice’ of the Public during Social Impact Assessment (SIA): A Case Study of Teesta IV hydroelectric project in India

Malika Kukreja
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Abstract

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement 2013 Act (RFCTLARR Act) ensures that the ‘public’ is an integral part of the Social Impact Assessment (SIA) process. The law now mandates thattheir opinions would be considered in the report through a public hearing of the affected families. However, the inclusion of the affected people is often questioned in developmental projects such as hydropower projects, especially in hilly areas where the local people whose land is acquired are completely dependent upon it for their livelihood. Their resistance is also depicted through collective social action as aresult of their former experiences with the outcomes of public projects, due to which the public and private companies conducting the SIA studytend to neglect their views. The aim of this paper is to examine the role of public and its inclusion in the SIA process in India, using a case study methodology focusing on the SIA report of Teesta-IV hydroelectricproject submitted in 2018. Following a secondary data based approach, this study will argue that the local tribal communities do not equate the construction of dams with the concept of sustainable development. However, this does not cease the construction of those projects, thereby, questioning the notion of inclusionofthe local people. It is,therefore,recommended that the agencies involved in conducting the process of SIA must take into consideration the conflicting views of the affected families and train theirconsultants to be responsible legally and ethically for project approvals, thereby fostering accountability in the process of development.
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社会影响评估中公众的“声音”——以印度Teesta四号水电项目为例
《2013年土地征用、恢复和重新安置公平补偿和透明度权利法案》(RFCTLARR法案)确保“公众”是社会影响评估(SIA)过程中不可或缺的一部分。法律现在规定,他们的意见将通过受影响家庭的公开听证会纳入报告。然而,在水电项目等发展项目中,特别是在丘陵地区,受影响人群的纳入经常受到质疑,在这些地区,土地被征用的当地居民完全依赖土地为生。他们的反抗也被描述为集体社会行动,这是他们以前对公共项目成果的经验的结果,由于进行SIA研究的公共和私营公司往往忽视了他们的观点。本文的目的是研究公众的作用及其在印度SIA过程中的包容性,采用案例研究方法,重点关注2018年提交的testa - iv水电项目SIA报告。本研究将采用基于二手数据的方法,论证当地部落社区并不将水坝建设与可持续发展概念等同起来。然而,这并没有阻止这些项目的建设,因此,质疑当地人的包容概念。因此,建议参与进行新评估过程的机构必须考虑到受影响家庭的相互矛盾的意见,并训练他们的顾问在法律上和道德上对项目核可负责,从而促进发展过程中的问责制。
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