Image: Nikita Jain / The Citizen

Residents of a slum in Delhi's Tughlaqabad have been issued eviction notices by the Archaeological Survey of India (ASI) and given just 15 days to vacate their homes, leaving the community in fear and despair. Many of the residents have lived in the area for over 20 years and have nowhere else to go. They are questioning why they were issued Aadhaar and voter ID cards if their colony was deemed unauthorized. The eviction will affect around 20,000 people, many of whom are children who are suffering the most and unable to focus on their studies due to the uncertainty and stress of the situation. The residents are pleading for the government to spare their homes and find a solution for them

The Bengali colony, located near the historical Tughlaqabad Fort built in the 14th century, currently in ruins, is home to residents who have migrated primarily from West Bengal and Bihar. The community is diverse, with a mix of Hindu and Muslim residents. Over 2,000 houses in the area are at risk of being demolished, affecting nearly 20,000 people.

In 2017, the high court established a committee to survey the structures in the area, with the goal of determining which structures existed in 1993, as required by the judgement of the Supreme Court. The committee was formed with the understanding that it would be better to have oversight of the task.

According to media reports, Nirmal Gorana, Convener at Mazdur Awas Sangharsh Samiti, who is also overlooking the matter said that this is being done as India is organising G-20. “This is the government's last desperate attempt to clean areas as much as possible,” he said. He also stated that while the Central government has the power to acquire the land as it falls under the jurisdiction of the ASI, the needs and well-being of the displaced residents should be prioritized.

The writ petition also stated that the Tughlaqabad Fort and an area of 2661 bighas within its walls were transferred to the ASI by the Delhi Government for the purpose of protecting, preserving, and developing the area surrounding the monument. Additionally, 4435 bighas were transferred to the Delhi Development Authority (DDA) for maintenance. The court noted in 2016 that the land had been illegally occupied and construction had taken place with the involvement of government officials.

The Draft Resettlement and Rehabilitation Policy 2021 states that the government must handle the relocation of slum dwellers from undesirable poramboke lands, including water bodies, in a respectful and humane manner. Poramboke Lands refer to lands not recorded in revenue records. The policy includes three phases - Pre-Resettlement activities, Resettlement activities, and Rehabilitation - none of which have been implemented. Additionally, residents claim that they registered their houses under the Prime Minister's Unauthorized Colonies in Delhi Awas Adhikar Yojana (PM Uday) in 2019.

The PM-Uday plan, passed by the Lok Sabha and Rajya Sabha of Parliament, aims to regulate colonies and provide property ownership rights (Free Hold) to inhabitants. It also grants ownership rights to residents of 1731 unauthorized colonies in Delhi. Gorana stated that this is an important factor that should be taken into consideration by the government. Many residents claim that they purchased the land for a fee of Rs. 5000 years ago, but lack documentation. They question why they have voter cards from the area and why government dispensaries and schools up to 9th grade are present in the area. Suman, a resident of Bangali Colony, asks, when speaking to the media,  why the Prime Minister's promise of "jahan jhuggi wahan makaan" (where there is a shack, there is a house) was not fulfilled, and why schools were established if the colony is unauthorized. Suman and other residents, who are daily wage workers with small children, question where they are expected to go.

Meanwhile, taking suo-motu cognisance of ASI's Delhi Circle notice, on January 11, the Delhi Commission for Protection of Child Rights on Wednesday issued a notice, advising it to suspend the drive. The commission has expressed its concern on how within 15 days of issue of a notice, all actions including demolition or eviction under law will be taken against the said residents, without any relief or rehabilitation measures for children of the area. It has called for suspension of the drive till rehabilitation of all children is ensured.

“It is pertinent to mention that the order suffers from several infirmities. It speaks of no attempt or provision of rehabilitation of children. Taking away shelter from these families is nothing short of cruelty in such extreme weathers of Delhi.

“Further, the children have their education which will suffer on account of this removal drive. It is tragic that the Archaeological Survey is not concerned about the well-being of the children,” the notice to ASI, Delhi Circle, read. It added that this is against Section 75 of Juvenile Justice (Care and Protection of Children) Act 2015.

Under section 75 of Juvenile Justice (Care and Protection of Children) Act 2015, any abuse, exposure or willful neglect of the child which may cause mental or physical suffering to the child is a punishable offence with a imprisonment of 3 years or fine of Rs 1 lakh or both. “In lieu of the same, the Delhi Commission for Protection of Child Rights (DCPCR) in exercise of its powers under Section 130 and Section 14 of the Commissions for Protection of Child Rights Act, 2005 issues the present notice advising for suspension of the said demolition pending the rehabilitation of children,” the notice read.

According to DCPCR Chairperson Anurag Kundu, “Eviction of young children without proper rehabilitation measures is a violation of basic human rights. We urge the ASI to take necessary steps to ensure children's welfare. We will continue to monitor the situation closely."

The DCPCR has also directed the ASI to submit its correspondences to different authorities enabling them measures for rehabilitation of children.

The matter, which is still going on after the PIL was filed, was heard in the Delhi High Court on 16 January 2023 and the next date has been given 24 April, 2023.As of  now, there seems to be no relief for the residents, who are still fearful of what is going to come next. “We are not able to sleep at night,” cried Pooja, who has been living here for more than 30 years. On an appeal from residents, the All India Students Association (AISA) and All India Central Council of Trade Union (AICCTU) have called for a protest on January 20.

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