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Ahead of the Lok Sabha elections due next year,the UPA government is ready with another flagship,entitlement-based programme,this time promising homes to the rural homeless.
The draft National Right to Homestead Bill,2013,which hopes to enable this welfare measure is ready for inter-ministerial consultation and will be circulated among ministries and states on March 18.
The Right to Homestead Bill is being readied,even as another ambitious entitlement-based legislation the National Food Security Bill,2011 continues to hang fire and is yet to get Parliaments nod. Both laws could be electorally crucial for the Congress ahead of key state elections this year and Lok Sabha polls due next year.
The Homestead Bill is part of the charter of demands made by the Ekta Parishad an activist movement comprising thousands of community-based organisations and individuals in Agra last year,to which Rural Development minister Jairam Ramesh had agreed. We are fulfilling an important commitment made as part of the Agra agreement, Ramesh said. The Bill has been drafted in consultation with the Ekta Parishad.
The draft,prepared by the Rural Development ministry,promises every landless and homeless poor family in rural areas a homestead of not less than 10 cents (0.1 acre or 4,356 sq ft),much on the lines of its marquee Mahatma Gandhi National Rural Employment Act (MGNREGA) that promises 100 days of employment to each rural household every year.
The ministry hopes to introduce the bill in the monsoon session of Parliament.
The draft Homestead Bill,a copy of which is with The Indian Express,says the right to a homestead has to be enforced within a specified time period,but not exceeding five years from the date of enactment of the law.
Homestead is defined as a land area of not less than 10 cents,consisting of a dwelling with adequate housing facilities. Each rural poor family that does not hold any agricultural land or homestead will be eligible under the proposed legislation,including families living on rent.
However,the eligibility criteria devised excludes families that own land in other parts of the country,those who pay income-tax,government employees and those in private jobs with an annual salary of over Rs 1 lakh or as prescribed by the state government.
According to the eleventh plan document,an estimated 13 to 18 million families in rural India are landless,of which about 8 million dont have homes.
Adequacy of housing,as defined by the draft,includes access to basic services,appropriate location,accessibility,cultural adequacy as well as right to basic services and civic amenities such as drinking water,electricity,roads and public transport,among others.
The Bill proposes that the title to the homestead would be in the name of the adult woman member of the family and that priority in allotment will be given to marginalised women,and members of other marginalised communities including transgenders.
The homestead will be inheritable by next of kin,but preference will be given to daughters. In another attempt to promote equality,the draft proposes that such plots have to be equitably allocated to ensure social integration within the village so that members of all castes have equal rights and access. The allocation of homestead plots must,under no circumstances,perpetuate discrimination and social segregation of communities within rural areas, the draft says.
The proposed scheme will be on a 75:25 cost-sharing basis between the Centre and state governments and the latter will have the right to acquire land for the programme if it is satisfied it is necessary to acquire land using provisions of the Land Acquisition Act,1984.
The state government has to also make an inventory of land – government,ceiling surplus,unutilised land acquired for industry,land on which lease has expired and other such land – to make it available for allotment.
The gram sabha will be responsible for identifying homeless poor families and preparing the priority list. The draft also provides for monitoring and evaluation measures and checks like grievance redressal mechanisms and social audits.
FOR A HOME
EVERY landless and homeless poor family in rural India will get a homestead of not less than 10 cents (0.1 acre or 4,356 sq ft),consisting of a dwelling with adequate facilities. Families living on rent will also be eligible.
BILL may come in Parliaments monsoon session. Scheme will be enforced within five years of laws enactment.
8 MILLION of Indias estimated 13 million-18 million landless rural families are homeless,according to the Eleventh Plan document.