What Can You Do to Stop Forced Evictions and Seek Justice?

1. Conduct an 'Eviction Impact Assessment'

Housing and Land Rights Network (HLRN) has developed an 'eviction impact assessment tool'that builds on the requirement in the UN Basic Principles and Guidelines on Development-based Evictions and Displacement for 'eviction impact assessments' to be conducted prior to the finalization and sanction of any project. HLRN has developed the modalities for conducting such 'eviction impact assessments.'

The HLRN tool could be used as a mechanism to prevent evictions, and in cases where evictions have already taken place, to ensure just and adequate restitution, rehabilitation and compensation. The tool aims to assess both material (for example loss of property and household items) and non-material (for example loss of education and healthcare) costs / losses incurred during a forced eviction. The tool can be adapted to the local situation and can be used to determine the real impacts of an eviction on individuals, families, the community and society. The findings could be used for advocacy with the government, to determine compensation and to prevent evictions, and could also be used in court to support any litigation related to the eviction.

2. File a Writ Petition / Public Interest Litigation

A Public Interest Litigation (PIL) is a petition that can be filled by any member of the public for any matter of public interest, for redress of public wrong or injury. In cases related to forced evictions, any affected person may approach a lawyer to submit a petition in state high courts or lower courts for any injury caused as a result of such evictions.

A Writ Petition may be fi led by an aggrieved person(s) to seek legal remedies for violation of fundamental rights. According to the Constitution of India, the petition can be filled under Article 226 before a High Court or under Article 32 before the Supreme Court of India.

Steps to be taken for filing a Writ Petition / PIL :

• Approach a public interest lawyer or organization to file the case.
• Collect necessary documents such as title deeds, proof of residence, identity proof, notice, resettlement policy if any, and photographs of the eviction.
• List names and addresses of all aggrieved parties approaching the court.
• List names and addresses of government agencies from which relief is sought.
• List facts giving rise to violations of Fundamental Rights.
• List dates indicating the duration of stay at the site, when the eviction took place, when and if an eviction notice was provided, and other important details related to the eviction.
• Clearly mention the 'prayers' or the relief being sought from the court.

3. Document the Eviction and Resulting Violations of Human Rights

• Click photographs of the eviction/demolition.
• Film the eviction / demolition with a mobile phone/camera, if possible.
• Write a detailed report of the events related to the eviction, including the aftermath of the eviction and impacts on different groups of affected persons – women, children, minorities and others.
• Conduct fact-finding missions. Affected communities could approach an institution/organization to help conduct a fact-finding mission that would collect accurate facts, evidence and testimonies regarding the forced eviction. The aim of such a mission would be to document the violations and propose recommendations to seek justice. The report of such a fact-finding mission could then be used for advocacy purposes.
• Use the reports as evidence in court and send them to the media, civil society organizations, the National Human Rights Commission, other relevant national human rights institutions, the UN Special Rapporteur on adequate housing, and other relevant UN Special Procedures.

4. Issue Urgent Actions / Organize Communication Campaigns

• Write and send letters, e-mails and faxes to central and state government ministries and relevant government agencies / officials to take urgent action against the forced eviction, to stop and prevent human rights violations, and to provide justice.
• Contact human rights coalitions and networks in the country and abroad to pressure the central and state government to take immediate action at the local level to ensure access to remedy for the affected persons / communities.
• Communicate with elected representatives to intervene to stop evictions, and provide adequate compensation, resettlement and rehabilitation.
  • Lobby with Members of Parliament (MPs) or Members of State Legislative Assemblies (MLAs) to intervene in demolitions / forced evictions, and ask them to raise pertinent questions on housing and eviction issues in the Parliament or State Legislative Assembly.
  • Send information on the eviction, including on applicable laws, policies and standards, and their violations, to elected representatives.
  • Request a meeting with local government representatives as well as central government officials, where possible, to discuss the eviction and options for remedy from the state.
• Initiate a petition or send an online letter / statement to an extensive mailing list explaining the issue and requested action from the state, and encourage people to circulate and endorse the letter / statement.
• Send postcards to relevant authorities expressing major concerns and demands. In December 2012, about 180 students from government and Municipal Corporation of Delhi (MCD) schools in Shahabad Dairy, West Delhi, sent postcards to the Chief Justice of the High Court of Delhi to draw attention to the lack of basic amenities and poor quality of education in their schools.

5. Organize Public Events

a) Organize public hearings/people's tribunals

A public hearing or people's tribunal could be organised at the evictionsite or at another strategic venue. Independent experts such as retiredjudges, lawyers, human rights activists, academics and other eminentpeople could be invited to be part of the jury of a public hearing /people's tribunal. During the event, affected persons could testify beforethe jury and recount the event and human rights violations involved.The testimonies could highlight the differential impacts of the evictionon women, children, older persons, minorities, persons with disabilitiesand others. After the presentation of testimonies, the jury could be calledupon to issue a statement. Once the final jury statement is released, thecommunity could use it for advocacy purposes with relevant governmentauthorities, courts and independent human rights institutions, and alsodisseminate it to the media.

Such events are useful in generating awareness on human rightsviolations related to forced evictions; in documenting facts throughtestimonies from affected persons; in obtaining independent opinionsand recommendations of experts; and in creating pressure on the stateto take preventive and remedial action.

b) Organize a rally or event at a government office/public location

The affected community, in collaboration with human rights organizationsand activists, could organize a public rally or an event / action outsidethe office of the responsible government official/s or at a public location.Participants could hold banners or placards highlighting the major issuesrelated to the forced eviction and their demands. The media could beinvited to the event. During or after the event, the affected communityand its support organizations could submit a letter to the governmentstating violations of laws and human rights, and their demands.

c) Organize temporary road blocks

An effective and simple strategy to generate public awareness on the issue is to block traffic at a particular junction or road for a few minutes. During this time, fliers or pamphlets on the eviction and its impacts couldbe distributed to the public, including those in vehicles. This would helpspread information on the eviction and related human rights violations,and could be used to create indirect pressure on the government to meetdemands of affected persons.

d) Observe a local or national (if possible) day of protest

Human rights organizations and activists could organize solidarity events– locally or nationally – to generate support for the affected communityand to raise media awareness. A specific day could be selected forthe solidarity action and information on the event could be publicized in advance. During the day of action, members of the public could beurged to carry placards or wear badges or sign letters to express theirsupport for the affected community, to demonstrate their resistance, andto register their dissent over government action and / or inaction.

e) Organize street plays and music events

These could be held at sites where communities face eviction threats aswell as in schools, colleges and public spaces, to spread awareness onthe human right to adequate housing as well as on human rights violationsresulting from a forced eviction. The street plays could link the right tolife with other human rights and demonstrate adverse effects of forcedevictions and involuntary displacement on the human rights to adequatehousing, work / livelihood, education, health, environment, food, water,and security of the person and home. Music, including songs in locallanguages, could also be used to spread awareness on human rightsviolations and the need to prevent forced evictions.

6. File a 'Right to Information' Application to Seek Information on the Eviction and Resettlement Process

Under the Right to Information (RTI) Act, 2005 any Indian citizen can request information from a government office, department or official. The Act mandates the timely provision of information to all citizens.

The Act empowers applicant citizens to:

• Ask questions or seek any information;
• Obtain copies of permissible governmental documents;
• Inspect permissible governmental documents; and,
• Inspect permissible governmental works and obtain samples.

The RTI Act prescribes the following steps to seek public information:

• Application: Write an application specifying the particulars of the information sought. This may be handwritten, typed and also sent as an e-mail. Send the application to the concerned Public Information Officer (PIO) or Assistant Public Information Officer (APIO) of the concerned public authority. In case an applicant has difficulty in writing the application, she / he can verbally request the PIO or the APIO who is duty bound to put the request in writing.
• Language: The application may be written in English, Hindi or the official language of the area.
• Fees: A payment of Rs 10 as application fee needs to be made along with the application. The payment could be made online or sent as demand draft, banker's cheque or Indian Postal Order or given as cash to the Accounts Officer of the department. An applicant is also required to pay an additional fee, which is the cost of providing the information, calculated and informed by the Public Information Officer (PIO).
• Deadlines: A reply should be provided within 30 days. In case the RTI application involves questions of life or liberty, the reply should be provided within 48 hours. For human rights abuse details from listed security / intelligence agencies, the deadline is 45 days.
• Appeal: An appeal may be fi led if the applicant does not receive the information sought within 30 days or is aggrieved by the decision of the PIO. An appeal may be drafted on a blank paper addressed to First Appellate Authority of the department along with the copy of the original application.
• Second appeal: If information is not received even after the first appeal, then a second appeal may be filed with the Information Commission.