final-report of pucl ff team on slum eviction n r&r-13th jan 2011

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Organized by

People’s Union for Civil Liberties-Tamil Nadu and Puducherry

Hussaina Manzil, III Floor, 255 (old No. 123),

Angappa Naicken Street,

Chennai 600 001.

Phone: 91-44-25352459

President: Dr. V. Suresh General Secretary: S. Balamurugan

+91 94442-31497 +91 94432-13501

2010

Report of PUCL Fact Finding Team on Forced Eviction and Rehabilitation of

Slum Dwellers in Chennai

Page 1

Glossary

Part I – Preface p 6-11 Rationale Members of the Fact Finding Team Objectives Methodology

Part II – The Context p 11-15 Fact file on Slums in Chennai – An Emerging Need to

Focus on the Issues of the Urban Poor Housing for the Slum Dwellers – An Introduction Origin of the Relocation Settlements

Part III – Findings of the PUCL Fact Finding Team p 15-52

Planned subversion of the Principles of Adequate Housing and the National Rehabilitation and Resettlement policy 2007 in the Eviction Process

Failed Promises about housing and infrastructure facilities

Habitability of the elderly and Persons with disability

– A concern Security to Land Tenure – Insecure

Relocation affects prospects of employment

Inside this report

People from 78 urban settlements relocated to 2 sites

22,390 multi-storied tenements for 1,03,774 people

Eviction during peak monsoon and in the mid academic year – People made to stay in incomplete houses – Children drop out of school

Death due to improper electric connection

People to pay for 20 years to avail security to land tenure

Youths to avail police certificate to avail jobs



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Women and Children exposed to multiple vulnerabilities Water – Not a drop to drink Health care uncared for

o o o

Education a distant reality Food Security Schemes in Peril

Part IV – Policy Recommendations p 52-62 Part V – Current Updates p 62-68 End Notes p 69-70 Reference

Annexure

No PHC’s functioning in both these sites for a population of 1, 03,774 people

- Annexure 01 : Detailed Description of the Housing Schemes described in the Timeline

- Annexure 02 : List of Chennai Slums/Settlements Relocated to Kannagi Nagar and Semmenchery)

- Annexure 03 : Housing Schemes of TNSCB - Annexure 04 : Advance for Allotment – Receipt Copy - Annexure 05 : Monthly Rent – Receipt Copy - Annexure 06 : Rent Agreement Semmenchery Page 1 - Annexure 07 : Rent Agreement Semmenchery Page 2 - Annexure 08 : Relocation Certificate - Copy - Annexure 09 : CMWSS Notice – Kilpauk Water Tank - Annexure 10 : TNSCB ID Card – Kannagi Nagar - Annexure 11 : Rental Agreement – Kannagi Nagar - Annexure 12 : Media Clipping, Chetpet Eviction, TOI, Nov 15 th 09 - Annexure 13 : Media Clipping, Chetpet Eviction, DC, Nov 15 th 09 - Annexure 14 : Media Clipping, Egmore Eviction, Daily Thanthi, Nov 14 th 09 - Annexure 15 : Media Clipping, Relocation Scheme, The HINDU, Nov 15 th 09 - Annexure 16 : Media Clipping, Chetpet Eviction, Theekathir, Nov 16 th 09 - Annexure 17 : Media Clipping, Ethiraj Salai, TOI, Nov 14th 09 - Annexure 18 : Media Clipping, Puthupet Thinathanthi Evictions, Nov 8 th 09 - Annexure 19 : Media Clipping, Spurtank Rd,Thinamani, Nov 16 th 09 - Annexure 20 : Media Clipping, Vyasarpadi Eviction, IE, July 20 th 09 - Annexure 21 : Media Clipping, ICDS Issues Kannagi Nagar, IE Oct 6th 08 - Annexure 22 : Media Clipping, Post Card Campaign, IE, 11 th Nov 08 - Annexure 23 : Media Clipping, Women Sustain Families, The Hindu - Annexure 24 : Media Clipping, Relocated and relocated by State, Dec 08 - Annexure 25 : Media Clipping, School Children Issues, Sep 29 th 08 - Annexure 26 : Media Clipping, City Suicide Point, IE - Annexure 27 : Media Clipping, Human Dump yard, IE, July 26 th - Annexure 28 : Media Clipping, Slum Eviction Campaign, IE, Dec 24 th 09 - Annexure 29 : Media Clipping, Slum Eviction Children, IE, Nov 30 th 09 - Annexure 30 : Media Clipping, Thuraipakkam, IE, Nov 28 th 08 * TOI – Times of India; IE – Indian Express; DC – Deccan Chronicle



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- Annexure 31 : Media Clipping, Tamil Nadu Mum Over UNHRC Appeal, IE, April 5th 2010 - Annexure 32 : Media Clipping, Government may opt for Singapore Model of Resettlement,

IE, June 16th 2010 - Annexure 33 : Media Clipping, Government wakes up decides to form panel on slum

dwellers resettlement, IE, June 28th 2010 - Annexure 34 : Media Clipping, AIADMK warns off stir on Expressway, IE, July 31st 2010 - Annexure 35: Media Clipping, Elevated Expressway Opposed, IE, August 1st 2010 - Annexure 36 : Media Clipping, Jayalalitha to fight for the slum cause, Thinamalar, August

1st 2010 - Annexure 37 : Media Clipping, Government to construct in-situ houses, Thinathanthi,

August 1st 2010 - Annexure 38 : Media Link, TN Yet to reply on food security schemes’ status, May 25th 2010,

New Indian Express - Annexure 39 : Media Link, Wilbur Smiths Expressway Feasibility Report Run, March 11th

2010, New Indian Express - Annexure 40: Media Link, SC Commissioners Set Deadline for TN report, April 23rd 2010,

New Indian Express - Annexure 41 : Media Link, CBI probing expressway irregularities, March 21st 2010, New

Indian Express - Annexure 42 : Documents, Response of TN Government to the Supreme Court Food

Commissioners - Annexure 43 : Documents, Judgments referred in the fact finding report - Annexure 44 : Documents, Government’s written response to the slum dwellers’ protest - Annexure 45 : Documents, National Rehabilitation and Resettlement Policy 2007 - Annexure 46 : Documents, RTI Handbook of Tamil Nadu Slum Clearance Board - Annexure 47 : Documents, Housing and Urban Development Policy Note, 2009-2010 - Annexure 48 : Documents, Executive Summary, India: Urban Poverty Report 2009 (United

Nations Development Programme) - Annexure 49 : Documents, Seminar on Waterways, Government of Tamil Nadu - Annexure 50 : Documents, Presentation of CEO of TNUIFSL - Annexure 51 : Documents, National Human Rights Commission’s Letter to Government of

Tamil Nadu



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AWC : Anganwadi Centres AWW : Anganwadi Workers CCA : Chennai Corporation Area CDP : City Development Plan CHC : Community Health Centre CMA : Chennai Metropolitan Area CMWSSB : Chennai Metropolitan Water Supply and Sewage Board CRF : Citizens Rights Forum DDP : Desert Development Programme EB : Electricity Board EWS : Economically Weaker Section GOTN : Government of Tamil Nadu FLLRC : Forum for Securing Land and Livelihood Rights of the Coastal

Communities GH : Government Hospital GoTN : Government of Tamil Nadu HSCTC : High Speed Circular Transportation Corridors HUDCO : Housing And Urban Development Corporation Ltd, ICDS : Integrated Child Development Scheme INR : Indian Rupees IT : Information Technology JNNURM : Jawaharlal Nehru National Urban Renewal Mission MRTS : Mass Rapid Transit System MA&WS : Municipal Administration and Water Supply Department NGO : Non-governmental organizations NOC : No Objection Certificate NHAI : National Highways Authority of India NRRP : National Rehabilitation and Resettlement Policy, 2007 OMR : Old Mahabalipuram Road PDS : Public Distribution System PHC : Primary Health Centre PUCL : Peoples Union for Civil Liberties RTI : Right to Information Act, 2005 TDS : Total Dissolved Solids TN : Tamil Nadu TNSCB : Tamil Nadu Slum Clearance Board TNUDF : Tamil Nadu Urban Development Fund TUIFSL : Tamilnadu Urban Infrastructure Financial Services Limited TNUITCL : Tamil Nadu Urban Infrastructure Trustee Company Limited UN : United Nations WDC : Women Development Corporation

Glossary



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“We were shifted to Kannagi Nagar against our will. Our houses were demolished

by bull dozers and we had to accept the houses provided for us in the outskirts of

the city. We were shifted in Corporation Lorries just like how garbage is disposed in

the dumping yards, we are viewed as garbage and hence they shift us using these

corporation Lorries. We did not know why we were moved from our place of

habitation, there was no public consultation process held nor were the details of the

housing schemes explained to us. We were told that houses were constructed and

will be allotted for us free of cost however we were unable to even step inside the

houses without paying an advance of 1200/- rupees.”

-Latha, Kannagi Nagar

“Today my son has gone for an interview in a nearby company; they have asked him

to avail conduct certificate from the Police officials. He was unable to avail the

certificate as it is availed only by bribing the police or the councilor. He had to

return back home with no employment. My income is not sufficient and he has to

get a job soon”.

-Santhi, Kannagi Nagar

“In 2006, I lost my daughter Sulochana, aged 10, a heart patient, due to lack of

transport facilities to take her to the hospital. My daughter had survived the

tsunami but not this time…”

-Banu, Semmenchery

Voices Unveiled…



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The Tamil Nadu Slum Clearance Board (TNSCB)i has openly declared the status of the relocation settlements only after the various protests by the inhabitants, media coverage and the various official statements of both the ruling as well as the opposition parties in Tamil Nadu. These en masse housing projects for the Economically Weaker Sections (EWS) were constructed by the TNSCB in the suburban areas, towards resettling the urban poor inhabitants of Chennai City. Housing Settlements of Kannagi Nagar and Semmenchery (adjacent to the IT corridor in Kanchipuram District) were constructed in the peripheral areas of the city citing non availability of lands within the Chennai Corporation Area (CCA) limit as the prime reason. Despite the fact that these settlements are constructed in the outskirts of the city they have been considered as benchmark models for replication time and time again. In the year 2002 Okkiyum Thoraipakkam Scheme (Kannagi Nagar Settlement) was awarded the third prize in the All-India Low Cost Housing Competition on Squatter Settlement. Chairman and Managing Director of Housing and Urban Development Corporation (HUDCO) stated that “The TNSCB model was selected for the scale of its effort, a fairly good people’s participation and convergence of Government department and NGOs… Importantly, it is a solution that can be replicated in terms of cost and benefits for the people and the government.”ii In the same year, the judgement of the Writ Appeal {No. 1162 of 2002 (2002) RD-TN 373 (19 June 2001), Bharath Rathna Dr. B. R. Ambedkar Education Trust v. Union of India} in the High Court of Judicature at Madras reveals the following, “The alternative site Okkiyum Thuraipakkam put up by the Slum Clearance Board is what one could wish for at the most, in the present circumstances. Pucca constructions have been put up with broad roads and it is sufficient to extract the following passage from the order of

Part I – Preface

"MD (Managing Director), TNSCB (Tamil Nadu Slum Clearance Board) pointedout that when such huge resettlment projects are taken up there is a need forservice delivery; otherwise it brings a bad name to the government as well asrenders the entire process in-fructuous given that these people are the mostdisadvantages sections who have been deprived of their livelihood and also havebeen deprived of their livelihood and also have been moved out of their homeswithin the city... The Pricipal Secretary to Government, Home Department alsofelt that this kind of concentration of slum population in one place is notdesirable and that future programmes should esure that they are moredistributed and there is a mixed development. He requested that smaller extent ofland may be provided to TNSCB for R&R schemes at diffret places for this purpose"

- Minutes of the meeting held by the Chief Secretary to the Governmet in the Chief Secretary's Conference Hall, at 3:30 Pm on 1.03.2010, regarding the

infrastructure facilities to be provided in Okkiyum Thoriapakkam, Semmenchery and Perumbakkam Schemes of TNSCB.



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the learned single Judge:- "The photographs from pages 30 to 39 of the same typed book show the newly constructed houses and other facilities at Okkiyum Thuraipakkam. The perusal of all those photographs show that there is pucca living houses with all facilities. School and police stations are provided within the colony. Water taps are provided for water supply for every house. There is a provision store inside the Colony. Community Centre is also provided within the Colony and Co-operative Store is also there. Large play ground is provided within the Colony. All the tenements are having separate bath-cum-toilet within their building. The houses are surrounded by avenue trees and tar roads have been provided on all round. In such a circumstance, the proposed action of the respondents cannot be construed as "inhuman act." “In addition to those details it is also seen that there is an avenue of trees and Women's Co-operative Stores. The criticism that the site is far away from the existing place is not acceptable. Any one who is aware of the fact that there are no vacant areas over which the Government has any control in the central areas of the City and the high market price of the properties if the Government should choose to acquire private lands in central areas, would agree that it is inevitable that such facilities could be provided only by taking over lands wherever they are available as close as possible to the City. In fact even the land at Okkiyum Thuraipakkam was acquired by the Government to provide alternative sites for displaced persons. The city is expanding fast in the said direction and area and in a few years Thoraipakkam would become a part of the City. In a fast expanding metropolis, this is a usual feature. We would only wish that the Government will properly maintain and continue to maintain the same conditions of living in the said area in future also.” Despite the fact that these models were highly appreciated, six years down the line after the judgment, several newspapers reported of protests undertaken by the resettled habitants of these settlements complaining about the lack of adequate public and social infrastructure facilities. On 10.11.2008 the residents of Kannagi Nagar initiated a post card campaign to keep the government posted of their demands. Newspapers reported that the angry residents of Kannagi Nagar used more than 20,000 postcards as their weapon to turn the attention of the state bodies to the fact that people were not provided with basic amenities even eight years after their resettlement.iii The post cards were addressed to the Minister for Slum Clearance and Accommodation Control demanding clean and potable water, electricity connection to all dwelling units, hospitals, anganwadis, schools and burial ground.iv Furthermore certain media reports on the relocation settlements have been addressing these habitations as “City’s Suicide Point”v, “Human Dump Yard”vi, and Hellhole”vii emphasizing that the people are “Relocated and forgotten by the state”viii.



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Objections were also raised by the slum dwellers facing eviction and those who are to be relocated to these sites. On 29.11.2009 newspapers all across Tamil Nadu reported the news about the appeal sent by hundreds of children from Jyothiammal Nagar (slum located in Choolaimedu) appealing to the Hon. Chief Minster of Tamil Nadu not to evict them in the mid academic year. The children standing on a mound of rubble, containing remnants of the homes that were already

bulldozed, affectionately addressed the Chief Minister as “Tatha” (grand father) with fervent pleas to put an end to the eviction drive that forced them to move to the resettlement sites of Semmenchery and Kannagi Nagar that were more than 30 kilometres from their places of habitation. News reports described that the proximity to the place of work is a key to the survival of the slum dwellers. Therefore, moving them to far flung areas can result in loss of employment and livelihood. News reports also described that the education of the children was affected due to the constant fear of eviction and that children who have moved to Semmencherry after the recent evictions have been forced to drop out of schools because of the distance. On 23.12.2009, over 7,000 urban poor people from 24 locations including 17 slums, 4 coastal villages and 3 relocation sites (Kanchipuram and Thiruvallur) were involved in a massive protest rally challenging the forced eviction and the rehabilitation policies of the government. Media reports pointed out that the people were against the relocation settlements as they are located far from their places of work and are also devoid of basic amenities. Despite the various protests from those relocated and those on the brink of eviction, the state at several occasions has pointed out that the resettlement sites have been provided with all facilities. In a writ petition filed in the High Court of Judicature of Madras Dated: 8.12.2009 W.P. No. 23965 of 2009 and M.P. No. 1 of 2009 challenging the eviction of a slum at Appaswamy Street, Chetpet, one of the arguments of the Learned Counsel of the State was that - “even in Semmenchery wherein alternative accommodation is provided, all facilities such as transport, school and other facilities are available”. PUCL-Tamil Nadu has been noticing with concern the various accusations against the state on the eviction and resettlement drive. In view of the serious allegations of human rights violations occurring in the recent eviction cases and in the resettlement sites of Kannagi Nagar and Semmenchery PUCL decided to constitute a Fact Finding Team to visit the settlements, meet residents and others and to come out with a report of findings. Members of the Fact Finding Team: The fact-finding team comprised of the following members:

1. Dr. V. Suresh, Advocate and President, PUCL TN;



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2. Dr. K. Shanmugavelayutham, Professor, Department of Social Work, Loyola College, Chennai;

3. A. Narayanan, Editor, Paadam Magazine; 4. D. V. Natarajan, PUCL TN; 5. Saravanan Karunanidhi, PUCL TN; 6. Vidya Venkat, Independent Researcher and Writer; 7. Dharmesh Shah, Independent Researcher; 8. Amarantha, Writer and 9. Noor Basha, SCSTEDS

Research and Support Team

Citizens Rights Forum (CRF); Forum for Securing Land and Livelihood Rights of the Coastal Communities (FLLRC); Kannagi Nagar Podhu Nala Sangam and Kannagi Nagar Pengal Sangam

1. Alvino R. M

2. Ajai Kuruvilla

3. Ajai S. S

4. Balasundar

5. Balasubramaniam

6. Dilip Diwakar

7. Henry Joe

8. Jacintha Chitra

9. Joshua Jayaseelan

10. Jesudoss

11. Kumaran

12. Nandakumar S. 13. Perumal 14. Ramakrishnan

15. Shivani Chaudhry

16. Victor

17. Vanessa Peter

Objectives of the Fact Finding Mission: The various protests of the urban poor both relocated

and those living with the fear of eviction raise a number of issues of concern.

The governmental agencies, implementing the housing schemes for the urban poor

and those implementing the various development projects causing displacement, are

accused of being biased and adopting anti-poor policies. The phenomenon suggests

a pattern in urban development where marginalized people lose their right to dwell

within the city as well as their right to adequate housing and livelihood, and are

pushed to the outskirts.

While the government claims that the housing projects in the outskirts serve the

interest of the evicted slum-dwellers and provides them with decent housing, there

have been contrary claims about violation of livelihood rights and grossly inadequate

housing conditions.



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The fact finding team therefore has chosen to examine whether human rights violations have

occurred in the eviction and relocation process of the state. Viewed thus, the following are the

main objectives of the fact finding mission:

Methodology: Prior to the fact finding visit preliminary efforts were undertaken to collate the

various evidential facts like the government data available in the public domain, information

acquired through the Right to Information Act – 2005, media sources and field verification of

the above to provide a holistic understanding on the situation prevailing in these settlements in

coordination with Citizens Rights Forum (CRF) and Forum for Securing Land and Livelihood

Rights of the Coastal Communities (FLLRC).

On April 30 and May 1, 2010, the fact finding team visited Kannagi Nagar and Semmenchery

respectively to interview the residents relocated here and assess the situation at the ground

level. The fact finding team divided themselves based on the issues.

Team Key Issues

Team 1 Housing, security of land tenure and adequacy of

infrastructure facilities

Team 2 Implementation of the food security schemes and availability

of livelihood opportunities

Irrespective of the consequence of the displacement, the process followed during

eviction, merits the attention of civil society, concerned citizens, government officials

and judicial authorities. The violation of human rights standards, lack of due process

and the use of coercion during the eviction and rehabilitation process as well as the

inadequacy of living conditions and basic amenities at the resettlement sites need to be

examined.

1. To examine the complaints regarding forced evictions of the urban poor and violation of basic human rights in Chennai undertaken in the late 2009 and early 2010 period.

2. To document the present status of relocation sites that is being provided by the state for the urban poor.

3. To document access of the incumbents of the relocation sites to various rights and entitlements that are guaranteed by the state as well as the Constitution of India and international human rights law.

4. To understand the policy rationale that provides for such inadequate housing and services in the relocation sites.

5. To understand the context of evictions and relocation of the urban poor in Chennai and alignment of current state practices with national and international standards and policies.



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Team 3 Access to education and early child care facilities

Team 4 Concerns of the marginalized sections (women, elderly and

persons with disability

The team began interacting with the resettled communities to understand and document the

living conditions of the people in these sites. Focused group discussions were conducted with

men, women, youth and children of both the resettlement sites. Random interactions with

people from various locations of these sites were also undertaken. House visits and interaction

with the local government staff as well as elected representatives were also included in the fact

finding visits. Moreover, the views of the concerned government departments were also

gathered by the PUCL fact-finding team members.

Fact file of Slums in Chennai – An Emerging Need to Focus on the Issues of the Urban

Poor: Tamil Nadu has emerged as the third largest economy in India because of the economies

of urban agglomeration associated with industrial and trade activities. In the recent past,

liberalisation has contributed to the accelerating economic development that enabled Tamil

Nadu to become the most urbanised state in India. The percentage share of urban population to

total population in Tamil Nadu stands as always, much above the national average.

The Census report of 2001 has revealed that 42.16 lakh persons are living in Chennai and among them 7,47,936 persons are living in slums. Slums account for 17.7% of Chennai City’s (Chennai Corporation Area - CCA) population.ix

As per the 2001 census, the total urban homeless population is 7,78,599 people with Delhi having 3.1% of the national level and Bihar and Tamil Nadu having 1.6% and 7.3% respectively. Extreme poverty topped the list of reasons for why people come to the streets with the highest being 73.75% in Chennai.x

The total number of “recognized” slums in Chennai city is 1473 of which 1231 are classified as “developed slums”xi and 242 slums in CCA (Chennai Corporation Area) with an additional 202 slums in the proposed CMA (Chennai Metropolitan Area)xii are classified as “underdeveloped”.

A survey entitled “Identification of Environmental Infrastructure Requirement of Slums in Chennai Metropolitan Area”xiii under the World Bank funded TNUDP II (Tamil Nadu Urban Development Project) clearly states that. Of the 242 slums within the Chennai Corporation Area, 122 slums (41,683 families) were classified under ‘Objectionable Slums’ and 120 slums (30157 families) as ‘unobjectionable slums.’

Part II – The Context



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Objectionable slums are those situated on river margins, road margins and the seashore, and are those whose lands are required for ‘public purposes.’ It is specified clearly by the Government that, “as the areas occupied by them are to be retrieved and handed over to the land owning department and further to implement programmes like road widening, desilting, and strengthening of bunds etc. to be carried out.”

Out of the 122 ‘objectionable slums,’ 33 slums (5425 families) were found along the road margins, 6 slums (2309 families) along the railway margins, 73 slums (29144 families) along waterways and 10 (4805 families) along the seashore.

Despite the fact that ‘objectionable slums’ form 20.36% of the total slum population in CCA and

4.17% of Chennai City’s population, “the benefits of the various onsite programmes

implemented by Tamil Nadu Slum Clearance Board (TNSCB) could not be extended to the

slums located in objectionable areas.xiv” The families living in the ‘objectionable slums’ that are

unable to access onsite housing programmes are those who are resettled in alternative locations

like Semmenchery and Kannagi Nagar.

Housing for Slum Dwellers – An Introduction: The government agency responsible for developing slums in Chennai is the Tamil Nadu Slum Clearance Board (TNSCB) with its 3 main broad strategies supposedly geared towards improvement of slums.

1. In situ Development – whereby the basic infrastructure/amenities like water supply, road and sanitation facilities are made available in the slums on site.

2. In situ Reconstruction – the dwelling units (multi-storied tenements) are constructed at the same location without any relocation of inhabitants.

3. Rehabilitation and Resettlement - provision of houses at alternative locations along with infrastructure, livelihood programmes with a holistic approach.

TNSCB has been one of the pioneer agencies to construct in situ houses for the slum dwellers.

However, in the recent past, TNSCB states that it is facing issues in implementing in situ

development as well as reconstruction schemes because of lack of adequate open space in the

urban areas for planned housing initiatives. It also state that in the event of insitu development

and in situ reconstruction the TNSCB is unable to claim the houses at alternative locations as

holistic rehabilitation because these sites lack space for establishment of public and social

infrastructure.xv

The construction of houses at alternative locations has been further justified by the TSNCB

stating that there is non availability of urban lands in the proximity of original housing and that

the provision of infrastructure facilities along with the housing is not possible in the

‘objectionable slums.’ They also highlight the fact that the houses constructed at alternative

sites are of ‘holistic nature’ as the houses are provided with all infrastructure facilities, planned

habitation with open space, access to education in the neighbourhood, livelihood activities to

make the people economically independent with availability of extended transport facilities.

TNSCB also admits the fact that the process of relocation has been complex because of various

critical factors like non availability of urban land, inadequate finance resulting in the high cost of

construction, lack of capacity of the local body to accommodate the additional population, lack

41,683 families of the ‘Objectionable Slums’ will be provided housing at alternative

locations as per government records.



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of people’s participation in maintenance and finally the non protection of land by the land

owning departments that further encourages encroachment. In view of these arguments of

TNSCB pertaining to housing for the slum dwellers, the fact finding report aims to bring about

clarity on the emerging conflicts with regard to the relocation of slum dwellers from the portals

of the city.

The origin of the Relocation Settlement: The massive housing plans of the TNSCB at

alternative locations are Kannagi Nagar and Semmenchery. The emergence of these settlements

could be traced back to the year 2000 when three thousand houses were constructed in Kannagi

Nagar at Okkiyum Thoraipakkam. The resettlement site of Semmenchery was initiated in the

year 2004. These settlements were constructed in a phased manner, Kannagi Nagar over a

period of 10 years. (REF: Annexure 1 for Detailed Description of the Housing Schemes described

in the Timeline)

Construction of Houses in

Semmenchery -Timeline

108 Tenements under Flood Alleviation Programme

Year 2004- 2005 – 3618 houses under the Chennai Metropolitan Area Infrastructure Development Plan

Year 2005 – 4058 Tenements for Seashore Fishermen/Slums affected by Tsunami

Construction of Houses in Kannagi Nagar - Timeline

Year 2000 - 3000 houses constructed under the Flood

Alleviation Programme

6500 Houses - Tenth Finance Commission

Year 2002-2003 – 1620 Tenements Constructed - Eleventh Finance Commission – Special Problem Grant

Year 2004- 2005 – 3618 houses under the Chennai Metropolitan Area Infrastructure Development Plan

Year 2005 – 1271 Tenements for Seashore Fishermen/Slums affected by Tsunami



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Housing/Demographic Details: As of April 2010, there are 15,656 houses constructed in

Kannagi Nagar of which 14,500 houses have been allotted to the people. TNSCB is in the process

of allotting 1,656 houses to the people. In the year 2009, TNSCB had plans for construction of an

additional 8,048 houses however the construction process has been temporarily stopped due to

a court case. TNSCB in response to a Right to Information (RTI) petition dated 15 March 2010

has stated that there are no plans for constructing additional houses at the site. In

Semmenchery 6,734 houses have been constructed and allotted to the people. There are no

plans for constructing additional houses in Semmenchery. As of April 2010 there are 22,390

houses constructed in both these sites.

In the petition filed under the Right to Information Act 2005 requesting for population data of

the number of families, men, women and children, the Tamil Nadu Slum Clearance Board has

requested the petitioner to get the information from the Survey and Settlement Department of

Tamil Nadu. This indicates that the Tamil Nadu Slum Clearance Board does not have

information about the demographic indicators of these sites, as revealed by the RTI petition.

There is very little information that is available on this community, though the settlement itself

started hosting its inhabitants as early as ten years back. However the population details of

these relocation settlements were availed from the local Panchayats.

Mr. Lazer, Office Assistant of Okkiyum Thoraipakkam Panchayat Office revealed that the total population of Kannagi Nagar Relocation Settlement is 76,750 as per the panchayat records.

Mr. Banukumar, Clerk of Semmenchery Panchayat Office, revealed that the total population of Semmenchery Relocation Settlement is 27,024 as per panchayat records.

Therefore the total population of these settlements is 1,03,774.

Kannagi Nagar near the Buckingham Canal Semmenchery Tenements

Kannagi Nagar: People once residing near the Buckingham Canal in Chennai

were shifted to a site near the Buckingham Canal in Kanchipuram District

Total Number of Houses Constructed in Kannagi Nagar: 15,,656

Total Number of Occupied Houses in Kannagi Nagar: 14500

Total Number of Houses yet to be constructed in Kannagi Nagar: 8,048

(temporarily stopped due to a court case)

Total Number of Houses Constructed in Semmenchery: 6,734



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People from Adayar, Taramani, Slaughterpuram, Parrys (Opposite Reserve Bank), Palavakkam,

hutments near Buckingham Canal (Mylapore, Natttan Kuppam, Chetpet), MTRS railway areas,

Teynampet, Doming Kuppam and those affected by the tsunami were resettled in Kannagi

Nagar. Discussions with the people revealed that people from 78 locations near the railway,

river, road margins as well as the tsunami affected people were relocated to Kannagi Nagar and

Semmenchery. (REF: Annexure 2 – List of Chennai Slums/Settlements Relocated to Kannagi

Nagar and Semmenchery)

For the purpose of analyzing the living conditions of the resettled communities the fact-finding

team has referred to the relevant policies concerning adequate housing and relocation and

through field verification has come to the conclusion whether the policies are being

implemented or not. The fact-finding team has also verified the various documents available

through the Right to Information Act as well as those in the public domain to confirm the claims,

the gaps, as well as the lies, so as to derive objective policy recommendations to the state.

1. Planned Subversion of the Principles of Adequate Housing and the

National Rehabilitation and Resettlement Policy 2007 in the Eviction Drive:

United Nations Treaty-Monitoring Bodies’ General Comments and General

Recommendations, Committee on Economic, Social and Cultural Rights, General Comment No.

7 (1997) on the Right to Adequate Housing (Art. 11 (1) of the Covenant): Forced Evictions

People from 78 urban settlements settled in 2 relocation settlements

Part III – Findings of the PUCL Fact Finding Team

Policy:

The term "forced evictions" as used throughout this general comment is defined

as the permanent or temporary removal against their will of individuals, families

and/or communities from the homes and/or land which they occupy, without

the provision of, and access to, appropriate forms of legal or other protection.

The prohibition on forced evictions does not, however, apply to evictions carried

out by force in accordance with the law and in conformity with the provisions of

the International Covenants on Human Rights.



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The Commission on Human Rights has also indicated that "forced evictions are a gross violation of human rights"

In its General Comment No. 4 (1991), the Committee observed that all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats.

In 1976, the United Nations Conference on Human Settlements noted that special attention should be paid to "undertaking major clearance operations should take place only when conservation and rehabilitation are not feasible and relocation measures are made".

In 1988, in the Global Strategy for Shelter to the Year 2000, adopted by the General Assembly in its resolution 43/181, the "fundamental obligation [of Governments] to protect and improve houses and neighbourhoods, rather than damage or destroy them" was recognized.

Agenda 21 stated that "people should be protected by law against unfair eviction from their homes or land".

In the Habitat Agenda, governments committed themselves to "protecting all people from, and providing legal protection and redress for, forced evictions that are contrary to the law, taking human rights into consideration; [and] when evictions are unavoidable, ensuring, as appropriate, that alternative suitable solutions are provided".

Article 17 of the International Covenant on Civil and Political Rights states that “[n]o one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence”, and further that “[e]veryone has the right to the protection of the law against such interference or attacks”.

The UN Basic Principles and Guidelines on Development-based Evictions and Displacement state that, Forced evictions constitute gross violations of a range of internationally recognized human rights, including the human rights to adequate housing, food, water, health, education, work, security of the person, security of the home, freedom from cruel, inhuman and degrading treatment, and freedom of movement. Evictions must be carried out lawfully, only in exceptional circumstances, and in full accordance with relevant provisions of international human rights and humanitarian law.

The NRRP (National Rehabilitation and Resettlement Policy) 2007 states that:

“Whenever it is desired to undertake a new project or expansion of an existing project, which involves involuntary displacement of four hundred or more families en masse in plain areas, or two hundred or more families en masse in tribal or hilly areas, DDP blocks or areas mentioned in the Schedule V or Schedule VI to the Constitution, the appropriate Government shall ensure that a Social Impact Assessment (SIA) study is carried out in the Project affected areas in such manner as may be prescribed.

The SIA report shall me made available to the public through a public hearing. The government shall notify the list of affected villages in the official gazette. The policy should be published at least in 3 daily newspapers two of which shall be in the

local vernacular. The notification should be affixed on the notice board of the Panchayats or municipalities

or in other prominent places in the affected area and in the resettlement area. Baseline survey to be taken especially with details on occupation, the families belonging to the Scheduled Caste or Scheduled Tribe. The survey has to be completed within 90 days and it has to reach all the people who are affected and their objections have to be recorded.



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Detailed draft resettlement document has to be prepared discussed in the gram sabha and in public hearings in urban and rural areas where gram sabhas don’t exist. After approving the rehabilitation and resettlement scheme the government shall publish it in the official gazette and then it will come into force”

Forced Evictions: Discussions with affected people during the fact-finding mission revealed

that the people were forcefully evicted, irrespective of their gender, age and health status. Sixty-

year old Pushpa Rani hates to recollect the day when she was brought to Kannagi Nagar. A

bulldozer engaged by the Corporation landed up unannounced before her modest house built

near the Aynavaram water tank one day, turning it to rubble within minutes. She barely had the

time to collect her belongings and run… Her family and several others living in that area were

then loaded along with their possessions into a garbage lorry or kuppavandi as she calls it, and

dumped in Kannagi Nagar.

Nowhere to go: In some places no immediate provisions were made for rehabilitation.

Discussions with the families evicted from Kilpauk Garden Road reveal the fact that “many of us

were staying in the streets for almost two weeks till

we received our allotment orders”. Women from

Mayor Ramanathan Street point out, “it was raining

heavily and our huts were demolished. We had to

shift our belongings in the rains, we had to battle

against all odds to safeguard our only belongings.

With great difficulty we reached Kannagi Nagar

only to find the place flooded completely and our

houses incomplete with no drainage connection.

The electric cables were immersed in water…it was

a nightmare for all of us…”

Families, especially children and aged people, suffered the most due to this criminal negligence

by the state. The trauma of eviction on children has left irreparable impacts on their mental

well-being. People reported that many of them are still recovering from shock and the memory

of the brutal eviction.

Resettlement: When people were moved to ‘resettlement’ colonies against their will, they

realized that these colonies lacked basic facilities required for dignified survival.

Pushpa Rani from Ayanavaram now residing in Kannagi Nagar, “When we came here many of

the families had not even been allocated a house. The house given to me was a stinking hole.

Some outsider had been using it as a free toilet and it took me hours to clear the mess before we

could start living in it…” she recalls. A month later, around 20 families brought from

Ayanavaram still do not have a house and sleep in the open corridors of the unoccupied

buildings here.

Fact:



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Latha who was shifted from Thideer Nagar, San Thome in the year 2005 states that, “We were

shifted to Kannagi Nagar against our will. Our houses were demolished by bulldozers and we

had to accept the houses provided for us in the outskirts of the city. We were shifted in

Corporation Lorries just like how garbage is disposed in the dumping yards, we are viewed as

garbage and hence they shift us using these corporation lorries. We did not know why we were

moved form our place of habitation, there was no public consultation process held nor were the

details of the housing schemes explained to us. We were told that houses were constructed and

will be allotted to us free of cost; however we were unable

to even step inside the houses without paying an advance

of 1200/- rupees”.

Sekar residing in Kannagi Nagar is a rag picker; he was

relocated from Rettamalai Srinivasanagar in Ethiriaj Salai

for the construction of Elevated Expressway from Chennai

Port to Maduravoyal. He along with four children were

shifted to Kannagi Nagar, they were provided with a one

time shifting allowance of Rs. 1000/-. They were shifted

to Kannagi Nagar 4 months back and they still do not have

Electricity Facility. “I have to get a No Objection Certificate

from the Slum Board to avail electricity, am unable to pay

since I have to feed my 4 children by picking rags.”

Violation of children’s right to education: Uma Selvam,

also from Ayanavaram, says both her children have dropped out of school because none of the

schools here are giving them admission. “My husband was running an auto previously, but now

he works as a watchman in an IT company. It was after much struggle that he managed to find

this job,” she says.

In the evictions that had taken place for the elevated expressway from Chennai Port to

Maduravoyal, the families were accommodated in incomplete houses in Kannagi Nagar.

Discussions with people evicted from Pudupet, Mayor Ramanathan Street and Ayanavaram

revealed the fact that the evicted people had to enter into Kannagi Nagar and stay back in the

streets as the houses had no electricity and water connections. The evictions in 2009 were

carried out without proper consultation process, in the mid academic year amidst pouring rains.

People were resettled in incomplete houses, many were given Rs. 1000/- and asked to find

houses for themselves.

Media reports also point out to the fact that many

people were left out in the streets to fend for

themselves. Elevated highway eviction: 433

hutments razed in Chetpet slumxvi: According to

officials, 433 families were staying near the

Chetpet junction out of which 275 families were

eligible for the resettlement and rehabilitation

package of the state government. The cut-off date

for eligibility criteria was June 2006. All eligible

families were given accommodation in the Tamil



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Nadu Slum Clearance Board (TNSCB) tenements in Thoraipakkam, near Rajiv Gandhi Salai.

TNSCB is in talks with the government to pay Rs 1,000 a month to each of the affected families,

for 21 months. “They will be 19accommodated in tenements that will come up soon in and

around the city,” an official said.

One of the most glaring issues that was revealed both in the discussion with the people and in

the media reports is the fact that the women and children were exposed to multiple

vulnerabilities in the eviction drive. Poor Facilities in Tenements Leave Families Out in the Cold:

(Vivek Narayanan, Deccan Chronicle): “In the last week of February, revenue and PWD officials

along with the police and corporation staff shifted over 100 families from Langs Garden and

gave them tokens to move into Slum Board Tenements in Kannagi Nagar.

The houses were in no condition to be occupied. “We are living out in the open with our kids.

Some of the children, exposed to the cold weather at night, have fallen ill,” said Nagalakshmi, a

resident. As there is no power; preparing for the board exams has become difficult for students.

“I study in class 12 at a government school in Chintatripet. Ever since I shifted here, I have not

been able to study as there is no power”. Women are forced to attend to the call of nature in the

open as there is no water. “Miscreants hide behind bushes and tease us.”

Responding to the people’s petition submitted to the Chief Minister’s Special Office, the Tamil

Nadu Slum Clearance Board has spelt out that “no one was forcefully evicted and that people

were consulted prior to the relocation.”

In the cases of the people displaced prior to 2009 and for those who have been resettled in the

year 2009 and 2010, the detailed processes mentioned in the NRRP are ignored, the absence of

Claim:

Gap:

Discussions with the People Reveals these below stated facts that were also

endorsed in the Media Reports

1. Evictions took place during the rainy season and in the mid academic

year

2. People have also been left out of the rehabilitation packages offered

3. People have been resettled in Kannagi Nagar even before the completion

of the construction work leaving the children and the women in increased

vulnerable situations

4. Children have dropped out of school because of evictions in the mid

academic year



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eviction notice and public hearings is evidence of the same. The schemes and the place of

alternative accommodation are pre-determined and hence public consultations are generally

given least priority. The detailed procedures as enlisted in the NRRP are clearly sidelined. In

many cases eviction notices were not issued to the people; that clearly states the fact that the

actions carried out by the state is “Forced Evictions” as per the United Nations Guidelines.

On 9 December 2009, the UN Special Rapporteur on adequate housing sent an urgent appeal to

the Government of India regarding forced evictions along the Cooum River in the city of

Chennai, Tamil Nadu demanding information regarding the measures that were taken to

provide the evictees with effective legal recourse; whether the affected families were given

adequate prior notice and adequate time to withdraw their belongings before the eviction; if

any complaint was lodged on the alleged forced evictions as well as on the alleged excessive use

of force by the police officers. Yet there has been no response either to the correspondence of

the UN Special Rapporteur or that of the affected people themselves.

The claim of the state is untrue as there has been inadequate consultation with the affected

people; the procedures of the NRRP have been violated. Further the people claim that the

officials had added a few lines stating the consent of the people, after they had availed the

signatures in the forms from the people. The houses constructed at the alternative sites were

preconceived/prefabricated and hence there was no opportunity for the people to even provide

their views, objections, and demands for better options.

People’s charge sheet on planned subversion of the Principles of Adequate Housing and the National Rehabilitation and Resettlement Policy 2007

Policies Status Fundamental obligation [of Governments] to protect and improve houses and neighbourhoods, rather than damage or destroy them

The people were provided with no options for housing; it was predetermined. No efforts undertaken by the state to ensure housing in the neighbourhood

Social Impact Assessment (SIA) study is carried out in the Project affected areas

People are unaware of the SIA, only an enumeration process was conducted.

The SIA report shall be made available to the public through a public hearing.

The people were unaware of the SIA

The government shall notify the list of affected villages in the official gazette. The policy should be published at least in 3 daily newspapers two of which shall be in the local vernacular.

Not followed

The notification should be affixed on the notice board of the Panchayats or municipalities or in other prominent places in the affected area and in the

Not followed

Lie:



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The UN Basic Principles and Guidelines on Development-based Evictions and Displacement

clearly lay out steps to be carried out before, during and after an eviction, all of which have

been violated by the Chennai authorities.

2. Failed Promises about the Housing and Infrastructure Facilities

The NRRP (National Rehabilitation and Resettlement Policy) 2007 states that:

In all cases of involuntary displacement of four hundred families or more en masse in plain

areas, or two hundred families or more en masse in tribal or hilly areas, DDP blocks or areas

mentioned in Schedule V or Schedule VI to the Constitution, comprehensive infrastructural

facilities and amenities notified by the appropriate Government shall be provided in the

resettlement area(s).

Such facilities and amenities shall, inter alia, include roads, public transport, drainage, sanitation, safe drinking water, drinking water for cattle, community ponds, grazing land, land for fodder, plantation (social forestry or agro forestry),

Fair Price shops, panchayatghars, Cooperative Societies, Post Offices, seed-cum-fertilizer storage, irrigation, electricity,

Health centres, child and mother supplemental nutritional services, children's playground,

resettlement area. Baseline survey to be taken especially with details on occupation, the families belonging to the Scheduled Caste or Scheduled Tribe.

Enumeration was done for the houses but people are unaware of even the forms used

The survey has to be completed within 90 days and it has to reach all the people who are affected and their objections have to be recorded.

Not followed

Detailed draft resettlement document has to be prepared discussed in the gram sabha and in public hearings in urban and rural areas where gram sabhas don’t exist. After approving the rehabilitation and resettlement scheme the government shall publish it in the official gazette and then it will come into force”

The schemes and the place of alternative accommodation are pre-determined and hence no importance provided for the public consultation process

Policy:

Each affected below poverty line family which is without homestead land and which

has been residing in the affected area continuously for a period of not less than three

years preceding the date of declaration of the affected area and which has been

involuntarily displaced from such area, shall be entitled to a house of minimum one

hundred square metre carpet area in rural areas, or fifty square metre (538.2 sq.ft)

carpet area in urban areas (which may be offered, where applicable, in a multi-

storied building complex), as the case may be, in the resettlement area.



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Community centres, schools, institutional arrangements for training, places of worship, land for traditional tribal institutions,

Burial/cremation grounds, and security arrangements.

All affected families shall be provided basic infrastructural facilities and amenities at the

resettlement site(s) as per the norms specified by the appropriate Government. It would be

desirable that provision of drinking water, electricity, schools, dispensaries, and access to the

resettlement sites, amongst others, be included in the resettlement plan approved by the

appropriate Government.

UN Guidelines: Evictions should not result in individuals being rendered homeless or

vulnerable to the violation of other human rights. The State must make provision for the

adoption of all appropriate measures, to the maximum of its available resources, especially for

those who are unable to provide for themselves, to ensure that adequate alternative housing,

resettlement or access to productive land, as the case may be, is available and provided.

Alternative housing should be situated as close as possible to the original place of residence and

source of livelihood of those evicted.

All resettlement measures, such as construction of homes, provision of water, electricity,

sanitation, schools, access roads and allocation of land and sites, must be consistent with the

present guidelines and internationally recognized human rights principles, and completed

before those who are to be evicted are moved from their original areas of dwelling.

Size of Houses: In both Kannagi Nagar and Semmenchery the houses are of similar design.

There is only a hall cum bedroom with a partition for kitchen. The only separate room that is

provided for in the settlement housing is that of a bathroom. The houses constructed under the

earlier schemes in Kannagi Nagar have one toilet for every two houses. In Semmenchery, in a

block of 4 houses, two houses have toilets inside the house and two outside the house causing a

source of contention. The Typical Design of Slum Clearance Board Tenements as provided in

the official website of the Tamil Nadu Slum Clearance Board clearly reveals the fact that the

maximum plinth area of the houses is 156 Sq. Ft (http://www.gotn-

tnscb.org.in/slum06/acwebpublish.htm)

Tamil Nadu Slum Clearance Board - Typical Design Size of the ground floor of a tenement - a design made to accommodate 6 houses in a floor (Size in Sq. Ft.)

Details House 1 House 2 House 3 House 4 House 5 House 6

Living Room 113.4 113.4 112.8 112.8 113.4 113.4

Toilet 25.2 25.2 25.2 25.2 25.2 25.2

Kitchen 15.81 15.81 18.8 18.8 15.81 15.81

Total 154.41 154.41 156.8 156.8 154.41 154.41

Fact:

http://www.gotn-tnscb.org.in/slum06/acwebpublish.htm

http://www.gotn-tnscb.org.in/slum06/acwebpublish.htm



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For a family of four members each member will be entitled to 39 Sq. Ft. of Living Space as

per the Typical Design proposed by the Tamil Nadu Slum Clearance Board.

Name of the Site Kannagi Nagar

(Tsunami

House) Sq. Ft

Kanngi Nagar

(Old Scheme) Sq.

Ft.

Semmenchery

Sq. Ft

Type of houses Multi Storied Multi Storied Multi Storied

Number of Floors G+2 G+1 G+1

Number of Houses in a Block 6+6+6 4+4 4+4

Hall cum Bedroom

with Kitchen Space (Carpet

Area)

135 103.78

136.5

Bathroom/Toilet (Carpet

Area)

27.75 One Bathroom of

22.78 for two

houses

15.9

Total Living Space (Carpet

Area)

162.75 152.4

Inhabitable/Unsafe Living Condition: In many streets in Kannagi Nagar, street lights do not

work or there are no lights at all. As a result people feel unsafe after dark. Many electricity

junction boxes on the streets are open and people say there have been cases of children and

others dying of electrocution. There are open wires posing threat during heavy wind and rainy

days. On 12th December 2009, S. Manikandan, a 24 year old man got electrocuted as the wire

had fallen on him when he was about to leave for his work in the morning. There is an

acceptance that illegal connections are given with the support of local line men. Open junction

boxes are the most common scene in the relocation sites; they pose threat to lives of the people

Mosquitoes and other insects breed freely creating a nightmare during monsoon time. As the

site is prone to water logging, the nonfunctioning of storm water drains adds to the misery of

the residents. E. Kala, a resident of Semmenchery said there were cracks on the roof of her

house and water seeps through during the rains.

Inadequate Infrastructure Facilities: Each household in Semmenchery is provided with a tiny

toilet cum bathroom of size 3’ x 6’. Absence of water supply means that most adults and children

use open spaces as toilets. The children not only use open spaces around the dwellings for

defecation but even storm water drains double up as a kind of pit latrine.

There does not seem to be any waste management system in the Semmenchery site. Plastic

carry bags and all other waste are dumped into the storm water drains just in front of the

houses. Even though there is a building complex with a name board of ‘Solid waste

Management’, enquiries with the residents revealed that the complex is non-functional. The



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residents complained that the garbage clearance is highly irregular and hence the entire locality

is filthy. The sewerage pipelines are of substandard quality. Already within three years of use,

the lines and the manholes are damaged and crumbling in many places. There is no doubt that

the sewerage lines will cease to function, in another three or four year’s time.

In Kannagi Nagar, it is residents themselves who clear their own garbage. We spoke to Parvathi,

53 and Karthai, 55, who started working with the NGO Hand-in-Hand around six months ago

and they collect waste from at least 1000 homes everyday. The work fetches them Rs. 3000 per

month. These women feel that their living conditions were far better in Santhome where they

previously lived.

Asaithambi, resettled from 'Stalin Nagar' of Nungambakkam says, “Many of the houses don't

have pipe lines laid to remove sewerage water. Septic tanks are overflowing and the roads are

flooded with sewerage. We cannot use the toilets. The park outside is used as a public toilet.

Women suffer more. There are no proper roads. Many of the houses are without doors and

windows.”

Kannagi Nagar and Semmenchery have police booths inside the settlement area. In

Semmenchery it often remains closed. The nearest police station is in Okkiyum Thoraipakkam

and the women’s police station is 5 kilometres away in a place called Neelankarai. Physical

verification revealed the fact the nearest police station to Semmenchery is in Sholinganallur that

is 4 kilometres away from the site.

As per the records available in the panchayat office, in Kannagi Nagar there are 671 streetlights

and in Semmenchery there are 460. Street wise verification of 9323 houses reveals that 353

street lights are present of which 146 (41.35%) is working and 207 (58.64%) is not working,

likewise a survey of 4120 houses in Semmenchery reveals the fact that 164 lights are present of

which 90 (51.87%) are working and 74 (45.12%) is not working. There is one community

centre in Kannagi Nagar and one in Semmenchery. There is one bus terminus inside

Semmenchery and Kannagi Nagar for a population of more than a lakh population. One

cemetery is located near Semmenchery and one near Kannai Nagar. There are two playgrounds

located in Semmenchery, and four in Kannagi Nagar. The nearest post office is seven kilometres

from Semmenchery and 3 kilometres from Kannagi Nagar. The nearest main road is about 2

kilometres from Semmenchery and 1 kilometre from Kannagi Nagar .

58.64% of Street lights are not in working condition in Kannagi Nagar and

45.12% of Street lights not in working condition in Semmenchery



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In the year 2002, the judgement of the Writ Appeal {No. 1162 of 2002 (2002) RD-TN 373 (19

June 2001), Bharath Rathna Dr. B. R. Ambedkar Education Trust v. Union of India} in the High

Court of Judicature at Madras reveals the following, “The alternative site Okkiyum

Thuraipakkam put up by the Slum Clearance Board is what one could wish for at the most, in the

present circumstances. Pucca constructions have been put up with broad roads and it is

sufficient to extract the following passage from the order of the learned single Judge:- "The

photographs from pages 30 to 39 of the same typed book show the newly constructed houses

and other facilities at Okkiyum Thuraipakkam. The perusal of all those photographs show that

there is pucca living houses with all facilities. School and police stations are provided within the

colony. Water taps are provided for water supply for every houses. All the tenements are having

separate bath-cum-toilet within their building. The houses are surrounded by avenue trees and

tar roads have been provided on all round. In such a circumstance, the proposed action of the

respondents cannot be construed as "inhuman act"

In the writ petition filed in the High Court of Judicature of Madras Dated: 8.12.2009 W.P. No.

23965 of 2009 and M.P. No. 1 of 2009 challenging the eviction of a slum at Appaswamy Street,

Chetpet, one of the arguments of the Learned Counsel of the State was that - “even in

Semmenchery wherein alternative accommodation is provided, all facilities such as transport,

school and other facilities are available”.

The NRRP 2007 clearly highlights that the carpet size of an individual house to be provided

for the people should be 538.2 Sq. Ft. However in all the construction work undertaken in

both the relocation sites, the standard is violated, the houses provided are just 160 Sq. Ft.

Moreover the policy also clearly states that comprehensive infrastructure facility inclusive

of post office, community centres, playgrounds and health care facilities should be

provided. The discussion with the people clearly states that facilities are not provided in

accordance with the population who are relocated in the sites.

The response of the state in the various writ appeals mentioned above clearly states that

the government has provided ample infrastructure facilities, but this is untrue.

1. Houses do not have individual water connections, as against the claims of the government that state that every house has water connection facility.

2. All houses are not provided electricity. There are conditions applicable for availing electricity facilities, for example, people have to receive the no objection certificate from the TNSCB for availing it and they also need to pay a deposit amount varying form Rs. 2000/- to Rs. 4000/- to avail connections.

Claim:

Gap:

Lie:



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3. Not all houses have separate bath cum toilet facilities. 4. There is no police booth inside the settlement that challenges the statement of the

government as early as 2002 stating that police stations are established in the settlements.

People’s charge sheet on Violation of Polices/Failed Promises regarding Housing and Infrastructure Facilities

Policies Violation Each affected below poverty line family which is without homestead land and which has been residing in the affected area continuously for a period of not less than three years preceding the date of declaration of the affected area and which has been involuntarily displaced from such area, shall be entitled to a house of minimum one hundred square metre carpet area in rural areas, or fifty square metre (538.2 sq. ft) carpet area in urban areas (which may be offered, where applicable, in a multi-storied building complex), as the case may be, in the resettlement area.

The carpet area of houses is just 160 Sq. Ft.

Such facilities and amenities shall, inter alia, include roads, public transport, drainage, sanitation, safe drinking water

Not all houses have drinking water facilities, drainage and sanitation facilities.

Provisions for security arrangements Exposed wires in the settlements do not guarantee safety. Deaths due to electrocution confirm the same. The settlements are in darkness as 58.64% of street lights are not in working condition in Kannagi Nagar & 45.12% of street lights are not in working condition in Semmenchery

The UN Guidelines on Evictions, in paragraph 55 state: Identified relocation sites must

fulfil the criteria for adequate housing according to international human rights law. These

include: (a) security of tenure; (b) services, materials, facilities and infrastructure such as

potable water, energy for cooking, heating and lighting, sanitation and washing facilities, means

of food storage, refuse disposal, site drainage and emergency services, and to natural and

common resources, where appropriate; (c) affordable housing; (d) habitable housing providing

inhabitants with adequate space, protection from cold, damp, heat, rain, wind or other threats to

health, structural hazards and disease vectors, and ensuring the physical safety of occupants; (e)

accessibility for disadvantaged groups; (f) access to employment options, health-care services,

schools, childcare centres and other social facilities, whether in urban or rural areas; and (g)

culturally appropriate housing. In order to ensure security of the home, adequate housing

should also include the following essential elements: privacy and security; participation in



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decision-making; freedom from violence; and access to remedies for any violations suffered.

However these are denied for those in the relocation settlements.

3. Habitability of the Elderly/Persons with Disability– A Concern:

Universal Declaration of Human Rights (1948), Adopted and proclaimed by United Nations

General Assembly resolution 217A (III) on 10 December 1948.

Article 25(1) states: Everyone has the right to a standard of living adequate for the health and

well-being of himself and his family, including food, clothing, housing and medical care and

necessary social services, and the right to security in the event of unemployment, sickness,

disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

Accessibility: Adequate housing must be accessible to those entitled to it. Disadvantaged

groups must be accorded full and sustainable access to adequate housing resources. Thus, such

disadvantaged groups as the elderly, children, women, the physically disabled, the terminally ill,

HIV-positive individuals, persons with persistent medical problems, the mentally ill, victims of

natural disasters, people living in disaster-prone areas and other groups should be ensured

some degree of priority consideration in the housing sphere. Both housing law and policy

should take fully into account the special housing needs of these groups.

It must also be highlighted that the TNSCB officials have shown utter disregard for the needs of

physically challenged and elderly people while allocating houses.

D. Manikkam and his wife Gajalakshmi, residing in Kannagi Nagar were evicted from

Palavakkam. Mr. Manikkam did not expect to be allotted a flat on the first floor as he is

physically challenged (severely affected by polio). For the past eight years he has been trying

very hard to get his allotment transferred to ground floor, but in vain. Even after a series of

requests and directions from the Chief Minister's special cell (letter dated 19.6.2007), District

Disability Rehabilitation Centre, Chengalpattu (letter dated 28.6.2007), Tamil Nadu Federation

of Associations for Physically Challenged (letter dated 01.02.2008) etc. to transfer his allotment

to the ground floor, Tamil Nadu Slum Clearance Board has not considered his situation at all.

This negligence is despite the Government of Tamil Nadu (GoTN) creating a separate

department for the welfare of persons with disability.

Manikkam has two children and his wife Gajalakshmi has a speech and hearing impairment.

Back in Palavakkam, he was assured of daily wages but here he earns his livelihood by selling

Kola Mavu (Rice Flour). He earns about 60 rupees once in two days. But, during the rainy season

even that amount is not guaranteed.

Policy:

Fact:



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28

An elderly couple Kannayiram (91) and

Chellammal (82) who can barely walk without

support have been allocated a house on the

second floor. Evicted from Taylor’s Road in

Kilpauk, Kannayiram said he would ask God

everyday what sins he had committed to suffer

thus in his old age. For those who had lived their

entire life in the city, they are unable to cope

with the life Kannagi Nagar has to offer. “These

days I try to find solace by reading the Bible and

praying to God that he must take us away soon,”

he says, tears welling up his eyes.

Nagamanni (88) is living with her daughter-in-law

Palaniamma who is a domestic worker. Palaniamma is also

a widow and it is only with her income that her entire

family is supported. Nagamanni resides in the second floor

of the constructed tenements. She moved into Kannagi

Nagar after the tsunami in the year 2005 from Thideer

Nagar in San Thome. Nagamanni points out that “Due to my

age now I am completely immobile, I have to literally crawl

to climb down from the second floor as I cannot walk. For

the last 10 years I am in this situation as my legs will not

support me. Now after being resettled in Kannagi Nagar I

am trapped on the second floor, I have to wait for my

daughter-in-law who comes home only around 8 or even 9

o’clock in the night as she is working as a domestic worker

in Mylapore. She comes home late because of the distance

from Mylapore to Kanagi Nagar. I am completely dependent on my daughter-in-law and my

grandchildren, even to fetch water from the hand pump and carry it all the way to the second

floor. It is very difficult for me as in case of any emergency I am unable to act on my own; I have

to wait for my daughter-in-law. I still have to go all the way back to Thideer Nagar to avail the

pension. Ten years ago, I used to have a fruit shop back in Thideer Nagar, now I have to travel to

get my pension as it the only safeguard I have to survive. But travelling all the way to Thideer

Nagar in the crowded bus is difficult. I have requested the officials to provide me a house on the

ground floor but my pleas only fell on deaf ears. I cannot climb

down from my house, I am helpless.”

Valli (60) is residing in Kannagi Nagar on the first floor. She was

shifted to Kannagi Nagar from Thideer Nagar. She is unable to

walk because of her age and has other health complaints like

mouth cancer. “It is very difficult for me to climb up and down

the stairs… water is available only in the hand pumps and I have

to request my neighbours to help me avail water. Everyone has

less water in Kannagi Nagar and when I request them to help

sometimes they help me avail water but many a times there has

been no one around to help me out. I have had a surgery in



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29

Royapettah Hospital and I am still under medication for the same. I have to travel all the way to

Thideer Nagar to collect my widow pension. I live all by myself and hence I use a stick to

support me and travel in the crowded buses to both Thideer Nagar to avail my pension and to

the Royapettah hospital for treatment. There is no government hospital in the nearby area

where I can be treated. It is difficult for me to travel all the way. If I have to go to the Royapettah

hospital I have to board the bus as early as 5 or 6 o’clock in the morning when the buses are not

too crowded”.

The houses constructed for the displaced people are pre-determined; there is hardly any

consultation process and as a result the worst affected in the process are the elderly and

persons with disability who are not even provided allotments on the ground floor. This

clearly indicates the violation of human rights in the relocation process.

In a recent meeting conducted by the Tamil Nadu Slum Clearance Board for the

construction of houses in Perumbakkam (new integrated township for Tamil Nadu Slum

Clearance Board), when questioned about allotment of houses for the vulnerable groups

like the elderly and persons with disability, TNSCB pointed out that there has been no such

instance where the most vulnerable are not provided houses on the ground floor.

The houses constructed in these sites are predetermined and hence the public consultation

process is not given due importance. That is one of the main reasons that the most

vulnerable people like the elderly and the persons with disability are not allotted houses

on the ground floor.

Moreover, there are also issues regarding the transfer of social security schemes for these

vulnerable groups . Lack of medical care facilities are also adding to the burden faced by

these groups. This clearly indicates that the specific needs of the elderly and the persons

with disability are sidelined in the rehabilitation process.

The state has been brushing the problems aside, and the written response of the state to

the protest undertaken by more than 7000 people is that they have made ample

arrangements to ensure that the infrastructure facilities are intact and complete in these

sites.

Claim:

Gap:

Lie:



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4. Security to Land Tenure - Insecure:

States must ensure that protection against forced evictions, and of the human right to adequate

housing and secure tenure, are guaranteed without discrimination of any kind on the basis of

race, colour, sex, language, religion or belief, political or other opinion, national, ethnic or social

origin, legal or social status, age, disability, property, birth or other status.”xvii

“All persons, groups and communities have the right to resettlement, which includes the right to

alternative land of better or equal quality and housing that must satisfy the following criteria for

adequacy: accessibility, affordability, habitability, security of tenure, cultural adequacy,

suitability of location, and access to essential services such as health and education”xviii

People have to pay for 20 years to avail security of land tenure and this is subjected to

various conditions. (REF: Annexure 3: Housing Schemes of TNSCB). Discussion with the

people revealed the fact that for houses that were constructed prior to 2003, Rs. 150 is

collected by the TNSCB on a monthly basis and for those constructed after 2003; Rs. 250 is

collected on a monthly basis. An additional amount of Rs. 50 is also being collected towards

maintenance. The above mentioned amount is collected so that the people can claim ownership

of the allotted houses. The people have to pay for 20 years in instalments to receive the “titles”

from the Tamil Nadu Slum Clearance Board. Interaction with the people also revealed the fact

People’s charge sheet on Inhabitable Living conditions for the Elderly and the Persons with Disability

Policy Violation Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age. (Article 11.1 of the International Covenant on Economic, Social and Cultural Rights)

The elderly and persons with disability are unable to access water, and their movement is restricted because they are allotted houses on the first, second and third floors; They do not have access to medical facilities because there are no facilities in the sites; They are still availing social security schemes from their previous place of habitation.

Both housing law and policy should take fully into account the special housing needs of the disadvantaged group Could also cite the UN Convention on Rights of Persons with Disabilities here

No special consideration has been provided for the most marginalized groups in the consultation as well as the allotment process

Policy:

Fact:



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that the allotment documents are provided on an initial basis and the titles are provided only

after completion of the payments. The allotment is provided in the joint name of the man and

the woman in the family. There are various clauses by which an allotment can be terminated

and non payment is one major aspect.

Vasuki (35) was resettled to Kannagi Nagar from Doming Kuppam, San Thome. She remarks, “I

am unable to pay the rent as it is difficult for me to manage my family with the income I receive

as a domestic worker. “The TNSCB officials pointed that I have a due of Rs. 11,700 yet to be

paid, as they threatened to seal the house. I had to borrow Rs. 2500/- for high rate of interest

and pay it to the Slum Board. I am a domestic worker and I have to travel all the way to San

Thome to earn my living. Now I have stopped going to work as the people are not very happy to

hire me because I hail from Kannagi Nagar. My husband is an auto driver and he starts to work

as early as 4 AM and gives me some amount of what he earns to meet the needs of my family. I

am unable to pay the rent as I have no income, my husband’s income is hardly sufficient to feed

my children. Moreover, I have to stay in the house without going to work so that the TNSCB

officials do not seal the house. The officials usually come in the morning for verification of the

houses and when they see the house locked they either brand it ‘unoccupied’ or ‘sold.’ I am on

guard the entire day to ensure that the officials do not find the house locked. I cannot go to work

because of the fear. I have to fight battles everyday; this is a cursed place”

Marykalyani, aged 55, now settled in Semmenchery from Thiurvanmiyur Kuppam, says, “Often

officials come for sudden verification to check if the houses are occupied. They do not provide

any prior information for the same. We still go back to the city for our work, as there are no

employment opportunities for us in the local area. We leave for work taking our children with

us and after our work we pick our children back from schools and by the time we reach home it

is late in the evening. When the houses are locked the officials mark them as unoccupied or sold.

It is really difficult to live in such a situation, we have to live in constant fear of the officials, is it

a crime to lock our house and go to work?”

“The officials usually come in the morning for verification of the houses and when

they see the house locked they either brand it unoccupied or sold. I am on guard the

entire day to ensure that the officials do not find the house locked. I cannot go to

work because of the fear.”

“When the houses are locked the officials mark them as unoccupied or sold. It

is really difficult to live in such a situation, we have to live in constant fear of

the officials, is it a crime to lock our house and go to work?”



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Discussion with the people and verification of documents reveals the following information

related to the required payments to be made in the relocation sites:

An interview with Mr. Ravi, Estate Officer, Kannagi Nagar, Tamil Nadu Slum Clearance Board,

pointed out that Rs. 150 is the monthly instalment that is being paid by the people for whom the

Description Kannagi Nagar Semmenchery

Scheme 1 Oldest

Scheme 2 Latest

Scheme 1

Amount paid as advance

Rs. 600/-+ Rs. 150

Rs. 1000/-+ Rs. 200/-

Rs. 1000/-+ Rs. 500/-

Duration of the payment of advance

The amount has to be paid 7 days before the house allotment is issued



Amount paid as rent

Rs. 150 per month Rs. 250 per month Rs. 250 per month

Amount paid towards electricity connection

Rs. 250 for availing the No Objection Certificate from the slum board, and people have paid up to Rs. 4750 for the cables and other fixing charges (entire amount not billed)

Rs. 250 for availing the No Objection Certificate from the slum board and people have paid up to Rs. 4750 for the cables and other fixing charges (entire amount not billed)

Rs. 3000/- as charges for providing electricity supply

Is it legal or illegal connection

Illegal electricity is also being used in the settlement



When was electricity paid for, before or after being settled there.

Electricity supply will be provided only after paying the above mentioned charges



Electricity charges per month

Rs. 150 to 300/- Rs. 150 to 300/- Rs. 150 to 200/-

Maintenance charges per month

Rs. 50/- Rs. 50/- Rs. 50/-

Number of years it will take to get ownership

20 years 20 years 20 years

Titles are provided in whose name

Joint titles in the name of men and women





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houses were constructed prior to 2003. For those whose houses were constructed after 2004

they are charged Rs. 250 as monthly instalments. The people who were resettled under the

tsunami scheme do not have to pay the monthly instalments and the people who were evicted

under the elevated expressway scheme are charged Rs. 150 as monthly maintenance charges.

People who are resettled under all the above four schemes need to pay Rs. 50 as maintenance

charges.

The policies for housing for the urban poor that emphasise conditional land titles are the

major gap in the entire rehabilitation process. It has to be understood that the people are

moved from the place of habitation where their livelihood options thrive thus inadequate

rehabilitation has an adverse effect on the income of the family (see next

section).Conditional land titles do not serve the purpose as there are many defaulters

because of the fact that they are unable to pay for these houses.

People’s charge sheet on the violations of the principles of Security to Land Tenure

Policy Violation States must ensure that protection against forced evictions, and of the human right to adequate housing and secure tenure, are guaranteed without discrimination of any

The principle of security of land tenure, which is conditional for housing to be adequate, is violated because of the policy of conditional land titles that is being implemented for the displaced communities

Allotment order provided by the TNSCB does not ensure security of land tenure; sale deed can be availed only after 20 years.

There are conditional rules for securing the land tenure and it is also determined by the ability for a family to pay the monthly installment at the right time. If the family loses the ability to pay for the monthly charges the allotment can be terminated without prior information.

The people who have lost their employment opportunities because of the relocation and women headed households find it difficult to make the monthly installments and pay the advance amount.

People are made to pay for all the services including electricity deposits and for general maintenance, there are complex procedures like availing no objection certificate for availing basic amenities like electricity connection that is a burden for the resettled who depend on their daily wages for their survival

The slum board clearly states that the maintenance charges collected (Rs. 50/-) will be managed by the residents association that will be formed. It is 10 years since the construction of Kannagi Nagar, yet there is no residents association formed.

Allotment order provided by the TNSCB does not ensure security of land tenure; Sale Deed can be availed only after 20 years.

Gap:



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5. Relocation Affects Prospects of Employment:

Article 39 Certain principles of policy to be followed by the State

The State shall, in particular, direct its policy towards securing – (a) that the citizen, men and

women equally, have the right to an adequate means of livelihood;

- Indian Constitution -

The preamble of the National Rehabilitation and Resettlement Policy 2007 (Ministry of Rural

Development, Dated: 31st October 2007) states the following: “There is imperative need to

recognise rehabilitation and resettlement issues as intrinsic to the development process

formulated with the active participation of the affected persons, rather than as externally-

imposed requirements. Additional benefits beyond monetary compensation have to be provided

to the families affected adversely by involuntary displacement. The plight of those who do not

have legal or recognised rights over the land on which they are critically dependent for their

subsistence is even worse. This calls for a broader concerted effort on the part of the planners to

include in the displacement, rehabilitation and resettlement process framework not only those

who directly lose land and other assets but also those who are affected by such acquisition of

assets. The displacement process often poses problems that make it difficult for the affected

persons to continue their earlier livelihood activities after resettlement. This requires a careful

assessment of the economic disadvantages and social impact of displacement. There must also

be a holistic effort aimed at improving the all round living standards of the affected people.”

People living in this area have been branded as ‘criminals’ and ‘rogues’ and on several occasions

denied jobs. Sometimes, employers ask for a Police Certificate to prove that there is no criminal

case against the person. K. Santhi who markets dish washing powder for a living says, “Today

my son has gone for an interview in a nearby company, they have asked for Police Certificate

and he has returned home. We can only get police certificates by bribing either the police or the

Councilor. My income is not sufficient and my son has to get a job soon”.

Logamma from Thideer Nagar, now living in Kannagi Nagar states, “Five of us went to a

company nearby as there was a job vacancy. Everything was near finalization when the

Supervisor asked for our residence proof. The moment he knew that we are from Kannagi

Nagar, we were sent off with no jobs.”

R. Anandhi, who relocated from Santhome six years ago, says she was working at a software

company nearby as housekeeping staff but stopped after some men in the office started making

lewd gestures at her. “Somehow the assumption is that a woman from Kannagi Nagar is of loose

morals. I felt so unsafe that my husband asked me not to go for work,” she says.

Policy:

Fact:



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T. Bhavani, who was previously living in Kilpauk, was earning Rs. 8000 as a counter staff

member at a Health and Glow store. She speaks confidently in English and helped her family

overcome poverty, but now it is a slip back. “It takes two hours to reach Kilpauk from here, so I

left my job. I have a child to attend to. Now only my husband goes to work. Our family income

has halved…” she says, disappointedly.

There are many women in Kannagi Nagar and Semmencherry who were previously working as

domestic help in the city. Most of these women have given up their jobs after resettlement as

their place of employment is very far off and inaccessible. In Semmencherry, one comes across

elderly women who have to leave as early as 4 a.m. in the morning for work for jobs such as

flower vending, house keeping, and come back by late afternoon. Not only do they spend

considerable time commuting, but for instance from Semmencherry to Koyambedu, they end up

spending as much as Rs. 40 a day on conveyance alone.

Asaithambi from Semmencherry who works as a mason says he finds it difficult to get regular

jobs in his neighbourhood as here he has to compete with workers from Bihar, Rajasthan and

Orissa. “Workers from other states are willing to work for very low pay and I do not find

many opportunities to work,” he says.

Jayachitra (32) form Ganeshapuram, Mylapore residing in Kannagi Nagar states, “My husband

was working in a company in Madavaram and he was earning very well. After we shifted here

he lost his work because he was late for his work. Now he has to work in a courier company for

meagre income.”

All in all, the lives of the evicted and resettled families have been upset by the whole

resettlement process and they are struggling to get on their feet again. Most residents living in

the colony refer to Kannagi Nagar as having a poor reputation, which affects their prospects for

employment.

The State on many occasions has clearly spelt out that the resettlement sites are near the IT

corridor and hence the people will be able to find jobs in these companies.

The two major issues that the resettled families in these settlements face are:

1. Loss of livelihood: The livelihood of the urban poor is essentially location specific. For example, the people residing in a slum near the Central Railway Station work as porters and the women sell flowers and fruit near the railway station. Moving them near the IT corridor has no meaning as they have to travel more than 30 kilometres to go back to their places of work. These people engaged in the unorganized sector are unable to find employment near the IT Corridor that demands skilled workers. Most of the office assistant/house keeping work in these companies is also outsourced to the private companies and thus these people are unable to avail of employment opportunities in these localities. Moreover for a population of more than one lakh, all the unskilled

Claim:

Gap:



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labourers are brought together in a single location and thus there is supply of labour but no demand. Even those who get employed have to agree to work as cheap labour as there is lots of supply sans demand.

2. Stigmatization: There prevails an existing notion that the residents of these sites are thugs and thieves. The state has not taken efforts to change these beliefs. Thus the stigma attached to the sites also has an impact on the employment prospects of these people for whom their income is their only means for survival.

3. Does Providing Transportation Solve the Problem? The state has tried to address the issue of loss of livelihood by providing transportation to the people, however, there are various dimensions to the livelihood issue beyond transportation.

Adequate Transportation: Public Transportation is the only means for the men, women and

school going children to reach their destinations. However, the bus services need to cater to

several thousands of people on a daily basis. Information received from the Metropolitan

Transport Corporation (Chennai) Limited on the buses was verified at the field level and it

revealed two different levels of problems, the first is the inadequacy of the transportation and

the second is the faulty information that was provided under the Right to Information Act.

Field Verification in Kannagi Nagar reveals the following information:

Bus Route

No.

From To Total

Trips as per

government

records

Actual

trips

made

Difference

5 G Kannagi Nagar T. Nagar 34 18 16

M19B Kannagi Nagar T. Nagar 52 18 34

T21 Kannagi Nagar Broadway 130 110 20

M21C Kannagi Nagar Central 52 44 8

M70S Kannagi Nagar CMBT 52 44 8

From To Route No Trips as per

the

government

records

Actual

trips

made

Balance

Semmenchery Adayar 19 D 32 17 15

Semmenchery Broadway H21/ 92 37 55



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21 H

Semmenchery Thiruvanmaiyur

21 H 12 1 11

Semmenchery CMBT M70Et 9 4 5

Semmenchery Guindy I.E M119/M

119B

168 92 76

Semmenchery T. Nagar M119 A 96 42 54

The above table reveals the fact that there are discrepancies in the number of trips as per the

government records and field verification.

Crucial Issues that have been ignored:

1. People who are engaged as fish, flower and fruit vendors need to be in the market in the city by 4 AM. A journey time of 2 hours is required to reach their destination and this would mean that they have to start around 2 AM to go for work. This is nearly impossible.

2. People from 72 locations are resettled in these sites, it means that people have to go to 72 different locations where their employment thrives. Even if a minimum of 30-40 people have to travel to 72 different locations it is not possible for the state to make such travel arrangements. The people have to travel to a common point and from there they need to adopt different modes of transportation to reach their destinations. Thus, a domestic helper who was previously working in 5-6 houses will now have to spend most of her time traveling and she is not able to work in all the houses and that means a substantial decline in her income.

3. The people in the resettlement sites are engaged in the unorganized sector. For example, a domestic worker will have to reach the house where she works before the people leave for their work. She would then have to start her travel earlier so that she reaches her destination in time. Thus she has to travel in the early hours of the day, spend money for transportation and also has to return home early so that she can return home to cook for her children. This results in an increased burden for the women.

People’s charge sheet on the fact that relocation affects employment prospects of the relocated

Policy Violation The State shall, in particular, direct its policy towards securing – (a) that the citizens, men and women equally, have the right to an adequate means of livelihood.

The state has created a massive housing site where there are problems in availing employment because of the distance from their place of work. The state has failed to address the issue of stigma



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6. Women and children exposed to multiple vulnerabilities:

Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place

of birth (3) Nothing in this article shall prevent the State from making any special provision for

women and children. (4) Nothing in this article or in clause (2) or article 29 shall prevent the

State from making any special provision for the advancement of any socially and educationally

backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

Article 42: Provision for just and humane conditions of work and maternity relief. The

State shall make provision for securing just and humane conditions of work and for maternity

relief.

- Indian Constitution

Unsafe Settlements: Residents in both Kannagi Nagar and Semmencherry complain about anti-

social elements using the unoccupied houses here for criminal activities. In many streets in

Kannagi Nagar, street lights do not function or there are no lights at all. As a result people feel

unsafe after dark. Women who go out for work and return in the evenings also complained

about sexual harassment and other safety-related issues.

Anthony Amma (60) residing in Kannagi Nagar, shifted from Ayanavaram Water Tank states, “I

have a 28 year old mentally ill daughter. I am unable to leave my child alone in the house

because of fear. There are lots of instances one hears in Kannagi Nagar about how women are

harassed and I do not want to leave my daughter alone in the house. I have stopped working and

have to take care of her.”

Solomon from Kilpauk Garden residing in Kannagi Nagar states, “My sister was beaten up by 8

youth in the bus because she spoke back to them when they started using abusive language at

the girls… This place is unsafe. We are not employed if we say that we are from Kannagi Nagar…

We want to tell the whole world that we are not thieves and robbers.”

attached to these sites. The displacement process often poses problems that make it difficult for the affected persons to continue their earlier livelihood activities after resettlement. This requires a careful assessment of the economic disadvantages and social impact of displacement. There must also be a holistic effort aimed at improving the all round living standards of the affected people

The displaced people point out that the State has not resorted to any assessment that has quantified the impact of their loss of livelihood and were thus removed from their previous place of habitation without any remorse.

Policy

Fact



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It is women who mostly bear the brunt of water woes.

As the water is not supplied at fixed timings, women find it difficult to go for work. If at all they

are going for work, then before they leave, they have to fetch water from sumps (water storage

facility) which are usually crowded in the morning hours. This is after finishing all other

domestic chores. Resident E. Valarmathi says, “In the month of April, I’ve gone to work for only

12 days”.

Though it is not a very common practice, some families resort to stopping their young girls from

going to school to fetch water so that other family members can go to work. R.Vijayalakshmi

who was studying in the eighth standard till recently says, “Four months back I stopped going

to school as my mother also started going for work along with my brothers”. She has to fetch

water, among other things.

In ‘Tsunami Nagar’ at Semmenchery, women said they have to block the lorries carrying Metro

water during the middle of the night to get few pots of water. While running to stop fast moving

lorries, some of the women even get hurt. They have to stay awake for hours together to get

water. Now tokens are issued to each block and whichever block gets the token is provided with

water. Each house gets five to seven pots of water once in two to four days. For this they have to

pay Rs. 70 as rent to the lorry owner. Even this water is of poor quality.

It is not surprising therefore that in both Kannagi Nagar and Semmenchery there is a war-like

situation over accessing quality water. Women complain about having to wait for long hours for

the water lorry to arrive, which also affects their employment prospects.

Women have to go all the way to Kasturba Gandhi Hospital in Triplicane for maternity care as

there are no Primary Health Centres available within the settlement.

There is a private clinic near the bus stop. But it is small and looks after basic health issues.

Same is the case with a big hospital named Isabel’s Health Centre which claims to be a 24x7

Hospital. Interaction with Sister Elsie Francis, one of the administrators at the health centre

shows that no doctor stays during night and no special surgeon comes regularly. She says, “We

don’t entertain pregnant women whose delivery seems complex because we don’t have the

doctors to deal with those cases”.

In Kannagi Nagar and Semmencherry there are many stories of women

giving birth to babies on the road side or inside autorickshaws, on the

way to the hospital, as the journey is long and tedious. Even ambulances

take an hour to reach if called..

Amul Devi, 21, lost one of her twin babies a year ago, as she delivered her children on the

roadside near the Kasturba Gandhi Hospital in Triplicane. Her mother was rushing her to the

hospital in a shared autorickshaw. Amul’s first child, a girl, was born three years ago in an

autorickshaw as well. Her mother laughingly says that they have named the girl ‘Nandini’ after

the name of the clinic outside which she was born... But the issue itself is nothing to be laughed

about.



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R. Anandhi shared with the team the traumatic experience of losing her first baby through

miscarriage due to lack of timely medical attention:

“I was going for regular check-ups at Kasturba Gandhi Hospital. Everything was alright, the

doctors said. But during the ninth month, I started bleeding one day and suffered intense pain in

my abdomen. My husband called for the ambulance, which took almost an hour to reach. He did

not want to take me in an autorickshaw as it would be jerky. By the time I reached the hospital,

it was too late perhaps…When the doctor asked me to feel my tummy and tell him if the baby’s

movements were regular, I could feel nothing… My husband had to pay a bribe of Rs. 50 to the

ward boy to get me transferred to the Operation Theatre. Because it was a male child, the

hospital staff demanded another Rs. 300 after the operation to let us have a glimpse of our baby

kept inside a kannadi petti (incubator). After two hours we were told that the baby was dead…”

Many women also complained about not being able to claim the maternity assistance they are

entitled to under the Janani Suraksha Yojana. Chandira Sonia, who has a 2-month-old male

baby, said nurses at the Thoraipakkam Primary Health Centre dissuaded her from applying for

maternity benefits from the government scheme saying the funds for the programme were

over.

The State has failed to take into consideration the marginalized sections, especially the

women; the overall problems in the sites have much greater impacts on the women.

1. The people in the slums lived as a community, however in the relocation process the allotment of houses is made on a random basis. The community setup that was a protective mechanism for the women is now disturbed in the relocation process. There are only strangers surrounding the area and hence the women do not have any known persons near by to take care of their children.

2. Back in the city there was ample protection because of the services available near the slums. However, as 54% of the settlements are devoid of streetlights the women find it difficult to even go and buy necessary goods from the shops. Pharmacies are also located only on the main road. Lack of emergency health care facilities adds to the woes of the women.

3. The vacant houses in these settlements are breeding grounds for anti-social elements and this poses a bigger threat to the safety of women.

4. Lack of police stations inside the settlements and absence of women police officers adds to the security issues faced by women.

People’s chargesheet on the fact that Women and Children Face Multiple Vulnerabilities

Policy Violation Nothing in this article shall prevent the State from making any special provision for women and children (source?)

Security provisions for women and girl children are ignored in the sites, absence of police stations adds to the problem

The State shall make provision for securing The lack of PHC in the site for

Gap:



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7. Water – Not a drop to drink:

Habitat Agenda (1996), Adopted by the second United Nations Conference on Human

Settlements in 1996 states, “Everyone has the right to an adequate standard of living for

themselves and their families, including adequate food, clothing, housing, water and sanitation,

and to the continuous improvement of living conditions.”

Availing safe drinking water is one of the most critical issues in both the resettlement sites. As

pointed out in the previous sections, the non availability of adequate water has an adverse effect

on women and girl children, especially on their health, security and livelihoods. There are safety

issues related to the scarcity of water. Women and children run behind the water lorries to avail

water; women have to stop the water lorries at midnight to avail water; girl children are made

to stay at home just to be able to access water. There are areas that have not received water

supply for the last 8 years in Kannagi Nagar. Life for these families is an ordeal as women have

to walk long distances to the common pipes in the neighbourhood to avail water.

just and humane conditions of work and for maternity relief.

emergency medical help and women have to travel 20 kilometres seeking medical help has increased the vulnerability of women.

Details Kannagi Nagar Semmenchery

Number of water pots

available per day

7-10 pots once in every

three days

Everyday water supply is

ensured for 2 hours.

Is the water free or paid

for

The water is free but due

to the scarcity they have

to buy water from the

private players who

charge upto Rs. 4 per pot

Free but the metro water

supply charges Rs. 1/- a

pot and private agents

charge Rs. 4/- per pot

Is it potable It is not potable. One of

the biggest complaint is

that if the water is stored

for more than a day there

are worms in it

The water could be stored

Do the houses have

individual water supply

No, there are hand

pumps provided and they

is used

No, water tanks are placed

in front of the houses

Policy:

Fact:



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42

Some families buy canned water for drinking purposes. On an average they buy 5 cans per week

and spend Rs. 400-500 per month. Many of these families earn only Rs. 2500 per month, which

means one-fifth of their income is spent in buying water alone.

K. Kala who is one of the suppliers of water cans to this area says that sometimes people use the

canned water for other purposes too if there is no water supply at all from TNSCB. Usually there

is one public tap provided for every sixteen houses.

Water Supply In the Settlements: At a glance

Street wise verification of 9323 houses in Kannagi Nagar reveals that 412 hand pumps are

installed, of which 347 are working and 65 are not working. A survey of 4120 houses in

Semmenchery reveals the fact that 82 water pipes are provided of which 72 are working and 10

are not working. The 72 pipes that are working are those made by the people themselves, as the

government laid pipes are not in working condition.

The ground water is also not used because of the poor quality. The Environment Impact

Assessment carried out in Semmenchery for construction of new tenements revealed that, “A

Total Dissolved Salt value of 86,004 ppm (parts per million), Chloride at 48,212 ppm and

Sulphates at 67,020 ppm. Iron also is present with 9.3 ppm concentration. Comparing the

concentration of various parameters specified for drinking and construction water, it is found

that the water quality is not suitable for either of the purposes.xix

In Semmenchery as the government laid pipes are not working properly people dig a hole and

have another pipe connection so as to avail water facilities. It is also alleged by the people that

they have to stop the lorries carrying water to Semmenchery in the middle of the night so as to

avail water. The police, in order to control the law and order situation, issues tokens to the

people

One of the basic complaints of the residents of Kannagi Nagar is the fact that their water supply

is contaminated.

According to the information received through the Right to Information Act 2005, tenements in

Kannagi Nagar and Semmenchery have been maintained and developed by TNSCB. Chennai

Metropolitan Water Supply and Sewerage Board (CMWSSB) is providing bulk water supply to

Kannagi Nagar and Semmenchery on payment as detailed below:

Claim:

The water from Kannagi Nagar was given for testing to Data Inspection and

Analytical Laboratory. The results of the water testing are as follows, there is

presence of Coliforms, Faecal Stertococci, E. Coli, Faecal Coliforms and

Pseudomonas Aeruginosa. The water testing results of Kannagi Nagar show

that the, “Submitted sample is not suitable for consumption as per Indian

standards.”



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43

Kannagi Nagar receives 9.2 lakh litres of water daily through pipe line and 5.0 lakh litres water daily through water tankers supplied by CMWSSB.

Semmenchery receives 5.0 lakh litres of water daily through pipe line and 1.8 lakh litres water daily through water tankers supplied by CMSSB.

Internal distribution of water to the tenements is made by TNSCB.

In another petition filed under the Right to Information Act 2005, the Tamil Nadu Slum

Clearance Board has clearly spelt out that a family in Kannagi Nagar receives 30 pots of water

on a daily basis and through 3 sumps in the settlement. In Semmenchery the water is supplied

on a daily basis through tankers that fills the tanks in the settlement.”

It is to be noted that the water supplied by CMWSSB is used both for drinking and other

purposes. The calculation of the water supplied to Kannagi Nagar and Semmenchery based on

the government records reveals that one person receives one pot of water for all purposes on a

daily basis. (REF: Table Below)


Total population 76,750 27,024

Total litres of water on a

daily basis (litres) 14,20,000 6,80,000

Water per individual

per day (litres) 18.5 25.2

Total Family 14,500 6,734

Total litres of water on a

daily basis (litres) 14,20,000 680,000

Water per family

per day (litres) 97.85 101

Water per family in pots

15 lit per pot 6.5 6,955,098,701

Gap:



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44

As per CMWSSB’s RTI response, one family in Kannagi Nagar receives only 7 pots of water on a

daily basis (used for drinking and other purposes). However, as per TNSCB’s RTI response, a

family in Kannagi Nagar receives 30 pots of water. Contradicting information is provided under

the RTI. Field Verification reveals the fact that a family receives 7-10 pots once in every three

days.

8. Health Care Uncared For:

Article 47: Duty of the State to raise the level of nutrition and the standard of living and

to improve public health

The State shall regard the raising of the level of nutrition and the standard of living of its people

and the improvement of public health as among its primary duties and, in particular, the State

shall endeavour to bring about prohibition of the consumption except for medicinal purpose of

intoxicating drinks and of drugs which are injurious to health.


According to Indian Public Health Standards for Primary Health Centres, a typical Primary

Health Centre covers a population of 20,000 in hilly, tribal, or difficult areas, and 30,000

population in plain areas with 4-6 indoor/observation beds. It acts as a referral unit for 6 sub-

centres and refers cases to CHC (30 bedded hospital) and higher order public hospitals located

at sub-district and district levels. The PHC should have provisions for in-patients and maternity

care.

There is a government sub centre functioning in Kannagi Nagar at house 301 and 202, there are

2 staff members working in this centre. Only the immunizations for pregnant mothers and

children are carried out in this centre. There is no maternity facility in this centre. Discussion

People’s charge sheet on the fact that Safe Drinking water is unavailable for the resettled

Policy Violation “Everyone has the right to an adequate standard of living for themselves and their families, including adequate food, clothing, housing, water and sanitation, and to the continuous improvement of living conditions.”

The people get only 6 pots of water for all purposes on a daily basis. The water received is also contaminated and is unfit to drink.

Lie:

Policy

Fact



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45

with the people reveals that the sub centre often remains closed. On the day of the fact-finding

the centre was closed. There is also a centre run by a NGO in house no. 305 and 306. In

Semmenchery the polyclinic is functioning, though not on a daily basis. Times Foundation has

completed the construction of a rupee one crore worth building for a health centre. However

TNSCB in its RTI response states that there is no primary health centre functioning either in

Kannagi Nagar or Semmenchery.

There is a private hospital named Isabella Hospital functioning in 8th Avenue in Kannagi Nagar

and a private polyclinic is functioning in house numbers 3333 and 3334 in Semmenchery. The

nearest government hospital is five kilometres from Semmenchery and three kilometres from

Kannagi Nagar. The nearest government hospital is situated in Okkiyum Thoraipakkam about

three kilometres from Kannagi Nagar. The people have to either travel to this PHC in a bus or

shared autos. Checkups are done there and immunization work is also carried out in this

hospital. There are two people employed in the hospital; there is no maternity care or any

provision for beds.

In Semmenchery, residents complain about suffering from viral fever often. We came across a

few children with skin infections all over their body. There is no primary health centre in this

locality and no medical help available. There is a free medical outreach centre run by a nearby

private medical college-cum-hospital but almost all the residents say that most of the patients

who go to so-called free centres are invariably referred to their medical college hospital as in-

patients.

There is no primary health centre in Semmenchery A health centre built by the Times

Foundation is ready but yet to be opened. Banu, residing in Semmenchery says, “In 2006, I lost

my daughter Sulochana, aged 10, a heart patient, due to lack of transport facilities to take her to

the hospital. My daughter had survived the tsunami but not this time…”

These poor families have to spend a substantial amount of money, month after month, on

treatment for illnesses like viral fever, leave alone major ailments. Pregnant and nursing

mothers too do not enjoy access to quality medical care and many of them depend on some

NGOs for this. The situation, in this regard, is similar to that of Kannagi Nagar.

Most hospitals in the vicinity of Kannagi Nagar and Semmenchery are private hospitals catering

to the rich and upper class. The residents of these resettlement colonies cannot even dream of

going to these hospitals for health care.

For a population of 1,03,774 there should be at least 3 PHCs in these sites but there are none.

People’s charge sheet on the fact that health care is uncared for Policy Violation According to Indian Public Health Standards for Primary Health Centres, a typical Primary Health Centre covers a population of 20,000 in hilly, tribal, or difficult areas and 30,000 populations in plain areas with 4-6 indoor/observation

The sites should have at least 3 Primary Health Centres with 4-6 indoor/observation beds. However there is none. The one constructed in Semmenchery is not opened yet. Lack of

Gap



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46

9. Education a Distant Reality:

Article 45: Provision for free and compulsory education for children

The State shall endeavour to provide, within a period of ten years from the commencement of

this Constitution, for free and compulsory education for all children until they complete the age

of fourteen years.

Article 39: Certain principles of policy to be followed by the State

The State shall, in particular, direct its policy towards securing –

(e) that the health and strength of workers, men and women, and the tender age of children are

not abused and that citizens are not forced by economic necessity to enter avocations unsuited

to their age or strength;

(f) that children are given opportunities and facilities to develop in a healthy manner and in

conditions of freedom and dignity and that childhood and youth are protected against

exploitation and against moral and material abandonment.


In Kannagi Nagar there are three Government Panchayat Union Primary Schools and one

Government Higher Secondary School. We approached one primary school for the collection of

data. The headmistress declined to give any information. She informed the fact-finding team to

get permission from the Assistant Education Officer. There is no Information Board in the

school regarding the strength of the students and number of teachers.

Tulasi is a ninth standard drop out, she is residing in Kannagi Nagar for the last 4 months since

she was relocated form Rettamalai Srinivasanagar, Ethiraj Salai. Her parents are both rag

pickers. There are 7 members in her family and after relocating from the previous place of

habitation she as well as her younger brother have dropped out of school. She is interested in

going to school but unable to travel all the way back to the old place of habitation where she

studied. Vinod (10) and Pooja (8) who are siblings have also dropped out of school after the

relocation from Kilpauk Water Tank to Kannagi Nagar.

Parvati (33) residing in Kannagi Nagar was relocated from Shanmugapillai Street, and states,

“My daughter Divyalakshmi is studying in St. Anne’s School in Santhome in her 7th class. If she is

beds. It acts as a referral unit for 6 sub-centres and refers out cases to CHC (30 bedded hospital) and higher order public hospitals located at sub-district and district level. The PHC should have provisions for in-patients, maternity care.

maternity care units in the vicinity are depriving mothers of proper maternity care.

Policy

Fact



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47

late by an hour because of the bus she is sent back from school. It is not safe for girls to use the

public transportation because there are people who tease them and the buses are extremely

crowded.”

Amudha (31) residing in Kannagi Nagar, was relocated from Visalatchi Thotam and states, “My

daughter is studying in ninth standard in corporation school back in the previous place of

habitation. Because of the discomfort she faced in the bus she refused to go to school. There is

no control over what happens in the bus as it is too crowded.”

At Semmenchery too, the poor quality of schooling is glaring. The population of school-going

children is over 6000 children. But there is only one primary school up to 5th standard and

another separate school for children of 6th to 10th standard.

The primary school may have around 600 children on its roll. This information is based on the

input from the notice board of the school and based on the figure given by the field worker of

the NGO Arunodaya Child Labour Centre. Being holiday time, the team could not meet anyone

from the school except the watchman. But, the number of rooms is grossly inadequate for taking

classes for the children.

The toilets were found to be broken, filled with rubbish and without doors. The children, it is

learnt, defecate in the open as there is no water tap in the school campus. Water of substandard

quality is being purchased from outside even for cooking mid-day meals. Some parents

complained that teachers are very irregular and children come back from school after a few

hours. The quality of teaching and supervision in the school is substandard as per the testimony

of parents.

The secondary school here consists of only five rooms. The record in the school says about 330

students are on the rolls. When cross-verified with the woman (temporary staff) who cooks

mid-day meals in that school, she said on an average she cooks for only 200 students. It appears

then that some 130 students on the rolls simply do not attend classes. The absenteeism works

out to a high 40%. One of the class rooms doubles up as the storeroom for food items. The

‘kitchen’ is a structure without a proper roof in an open ground.

In schools there is no water available for toilets or for drinking or

cooking.

The school buys about six pots of water from outside (for both for cooking and drinking). Only

one set of uniforms is given. The team learned of the case of a girl child discontinuing school

because she had no uniform to wear. Quite a few parents are concerned about the future of their

children. They are forced to put them in private schools or Corporation schools in the city for

which much money has to be spent for fees or commuting.

It is estimated that more than 60% of children in Semmenchery are out-of-school both at the

primary and secondary level. The information is corroborated by NGO volunteers and SHG (self

help group) members. Many adolescents and children as young as 12 or 13 years old are

employed in hazardous industries like chemical units, nut and bolt making, plastics, needles etc.

An NGO Arunodaya Child Labour Centre was started about 2 months ago in an attempt to reach



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48

out to the school-drop outs and mainstream them back to school. The quality and adequacy of

mid-day meals scheme and anganwadis could not be inspected as it was a holiday.

Many children here continue to attend the schools where they previously studied prior to

relocation. The fact-finding team spoke to E. Manikandan, P. Harikumar and G. Mayee, students

of Class 8 at the Raja Muthiah School in Mandeveli who complained about the problem of

commuting to school. To reach their school in time they need to leave home at 7 am only to

return at 6 pm. Due to transportation problems they have been late to school on several

occasions. The boys said that monsoons made life extremely difficult because buses stopped

coming and students had to wade their way to the Old Mahaballipuram Road. It is also very

dangerous because of all the exposed power cables. There is only one playground in the area for

several thousand children and absolutely no other recreational activities.

It is also necessary to mention that many parents feel that the atmosphere at the resettlement

colony is not congenial for children to grow. They fear that their children, be it girls or boys,

would pick up wrong habits and get misled by anti-social elements.

In Semmenchery some parents said school going children were taken to participate as captive

audience for T.V. programmes like “Deela no deela” everyday. They were taken in a bus and

given Rs. 120day for their participation.

10. Food Security in Peril:

The norms for setting up Integrated Child Development Services (ICDS) spelt out by the Women Development Corporation, Tamil Nadu, states that for every 800 population an ICDS centre should be present. (source: http://wcd.nic.in/icds.htm).

People’s charge sheet on the fact that education is a distant reality

Policy Violation Provision for Free and Compulsory Education

Increasing drop out in both the sites is a major cause of concerns; The lack of safety in the sites and during transportation is resulting in girl children dropping out of school; The parents live in fear that their children be it boys are girls are living in a circumstance where they would pick up wrong habits or get misled by anti-social elements who are awaiting to exploit the situation of the displaced communities; Inadequate schools catering to the children in the relocation sites; Prevalence of child labour is a concern.

Policy

http://wcd.nic.in/icds.htm



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49

The Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982, states that “Every family residing in the State of Tamil Nadu will be entitled to a ration card.”

Keeping the population of Kannagi Nagar in mind, which is over 70,000, the

projection of number of children under the age of six years is 12%, that is 8400

children. Going by this number, a total of 150 ICDS centres are required. However, the

existing number of centres is only 32 (Including the private creches)

ICDS: Statistics of early childhood care centres in Kannagi Nagar:

S. No Sponsors Number of

Centres

Building

1. Government

ICDS centres

12

Anganwadis

Separate

Building: 6

2. Asha Nivas

Creche

15 centres Residential

House -15

3 ICCW Creche 5 centres Separate

Building - 5

The existing ICDS services are of poor quality. Out of 12 centres only in six centres full-fledged

Anganwadi workers (AW) are present. Only one centre has cooking gas facility. Almost all the

centres do not have pre-school educational materials. Only 22.5% of the centres have toilets and

25% have access to clean drinking water. Sometimes the neighbours provide drinking water to

the centre. The AW helpers complain about scarcity of cooking vessels. Around 60% of AWs said

there was scarcity of equipment like tables, chairs, first aid boxes, education kits, toys etc.,

which interferes with the functioning and compromises the quality of the programme. In almost

all the centres there is a discrepancy between the official data and the reality on the ground.

There is also a glaring contrast between the enrolment recorded in the registers of Anganwadi

centres and the number of children actually found attending, which suggests absenteeism.

For Kannagi Nagar alone a separate Child Development project office should be established.

Around 50 centres are functioning in residential houses which are unfit to use. When the fact-

finding team discussed this with the officials of ICDS they pointed out that it is the responsibility

of the Tamil Nadu Slum Clearance Board to construct the ICDS centres. In Semmenchery there

are just 3 centres functioning

PDS: There were five fair price shops in Kannagi Nagar and two in Semmenchery as of April

2010. The information received through the RTI reveals the following facts:

Fact



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50

S. No Name of the

Settlement

Number of

the Outlet

Address No of ration cards

issued

1 Semmenchery KD 121 Kanchipuram PDS Outlet,

Semmenchery – 1, TNSCB,

Semmenchery, Chennai 119

2,019

2 Semmenchery KD 127 Kanchipuram PDS Outlet,

Semmenchery – 2, TNSCB,

Semmenchery, Chennai 119

2,076

Total 4,095

3 Kannagi Nagar KDG 022 Adayar Women Road,

TNSCB, Kannagi Nagar,

Chennai 96

1,815



Chennai 96

1,327



Chennai 96

1,310



Chennai 96

1,945



Chennai 96

1,243

Total 7,640

The above facts clearly reveal that the full-time Fair Price Shops in Kannagi Nagar and

Semmenchery have violated the norms that state that “every Fair Price shop shall have the

minimum of 800 cards and maximum of 1,000 cards in Municipal Corporation and Municipal

Areas”.

In Kannagi Nagar, a majority of the population depends on the Public

Distribution System for their supply of essential commodities. But of the

estimated 14, 500 families residing in the colony, only 7,640 families get

ration supplies at the fair price shops here.



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51

The other families have not been able to get their family ration cards transferred from their

previous areas to Kannagi Nagar due to procedural delays. This is a serious problem as these

families are mostly poor and cannot afford to purchase essential commodities and food from the

market, especially with the current high inflation rate pushing up prices.

There is a virtual war outside the PDS shop everyday as people jostle with one another to collect

their share of rations. Being daily wage labourers, many of the residents complained that

collecting rations required an entire day, forcing them to miss a day’s wage. Women and elderly

citizens were the most affected by the long queues outside the ration shop, which is usually the

order of the day, according to residents.

On April 30, 2010, when the team visited Kannagi Nagar, the fair price shop KDG022 was closed

for auditing. This information had not been displayed outside for the general public. Most of the

residents here complained that kerosene supply was usually less than what was designated for

them. Also kerosene was usually supplied only in the afternoon, when it was difficult for the

residents to find time to visit the shop. They also complained about diversion of PDS goods for

selling at market rates. In Semmenchery there are only two ration shops for over 7000 families.

This implies that people have to wait for hours to get their provisions.

There are 15 ICDS centres functioning in the two relocation sites with a population of 1,03,774

people. As per the norms these sites should have 129 ICDS centres.

Seven fair price (PDS) shops are present in Kannagi Nagar and Semmenchery. In Kannagi Nagar,

6,860 families residing in the settlement do not have cards linked to the fair price shops and

2,639 families residing in Semmenchery do not have their ration cards linked to the fair price

shops. This could also be related to the fact that there is a need for obtaining a ‘no objection’

certificate from the Tamil Nadu Slum Clearance Board for change of address and in most cases

the cards in the previous place of habitation get cancelled automatically after the eviction.


Total number of

Families 14,500 6,734

Total Ration Cards

Linked 7,640 4,095

Cards not Issued 6860 2639

People’s charge sheet on the fact that education is a distant reality

Policy Violation The norms for setting up ICDS As per the norms these two resettlement

Gap



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The findings of the PUCL fact finding team clearly depicts the fact that the practice and policy of

eviction and relocation adopted by the State of Tamil Nadu is against the spirit of the

Constitution of India enshrined in Article 38 whereby it is the duty of the state to secure a social

order for protecting the welfare of the people, which categorically states that, “(2) The State,

shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate

inequalities in status, facilities and opportunities, not only amongst individuals but also

amongst groups of people residing in different areas or engaged in different vocations.” The

massive relocation of slum dwellers, legal citizens of India, that deprives them of the right to

reside in the city is not a “welfare” measure. It only reiterates the fact that the cities as ‘engines

of development’ cater to the growth of the rich and the powerful while depriving the poor of the

right to their existence and survival that is city centric.

The findings of the PUCL fact finding team also shatter some of the existing myths about the

current relocation trends.

Myth One: The resettlement sites are benchmark models for replication.

Fact: The resettlement sites have a host of critical problems, right from the planning process;

22,390 houses were constructed by the TNSCB with inadequate space allocation for ICDS

centres, PHCs and schools within the settlements as per the state’s norms. The size of the

houses constructed is a violation of the NRRP 2007 guidelines.

Basic amenities are not in place as the town Panchayats (in the resettled area) do not take up

responsibility for the resettled population and no budgetary allocation is made for town

Panchayats to carry out the maintenance. The duty vests with the TNSCB to provide

maintenance services for the area, however TNSCB does not have the capacity to provide

maintenance services nor is the power transferred to the local bodies. Thus, the responsibility

of maintaining these settlements ultimately has become the responsibility of none. The TNSCB

has time and time again has accepted the inadequacy of the report.

spelt out by the Women Development Corporation, Tamil Nadu states that for every 800 population a centre should be present. (source: http://wcd.nic.in/icds.htm).

sites should have 129 ICDS centres, however there are just 15 centres

The Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982, states that “Every family residing in the State of Tamil Nadu will be entitled to a ration card.”

Seven fair price shops are present in Kannagi Nagar and Semmenchery. In Kannagi Nagar 6860 families residing in the settlement do not have cards linked to the fair price shops and 2639 families residing in Semmenchery do not have their ration cards linked to the fair price shops.

Part IV- Policy Recommendations

http://wcd.nic.in/icds.htm



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53

The only source of water made available for the resettled is that supplied by CMWSSB,

purchased by TNSCB. There are no alternative arrangements provided. The water/sewer

connections should have been well planned – some areas do not get any water as they are

constructed on higher platforms than the other houses.

Placing people from 62 different locations in one settlement results in conflicts and strained

relations among those resettled from various areas. The aspirations of youth and children

growing up in these localities are crushed due to the lack of access to educational facilities and

the stigma attached to the site. Back in the city the children saw the lifestyle of the city and had

aspirations to develop despite the fact that they were in the slums but now all that they see

around them is an inconducive environment.

Moreover the unorganized sector workers in the sites are not able to avail of employment

opportunities in the IT corridor. As a result of such massive relocation of the urban poor, the

unorganized work force is accumulated in one area where the demand for their labour is

lessand the supply is more. People compete for the few available opportunities in the area, often

also with the host communities, and this further increases the strained relations between the

relocated and the host communities. Whereas within the city from where these people were

relocated – the demand for their labour still exists.

Most important, a strong social fabric existed in their slums. The non slum dwellers depended

on the slums for domestic help, vegetables/fruit sale and delivery, laundry services, baby sitting,

rickshaw driving, porters, door delivery services, plumbing, carpentry and construction work,

among other services. And the slum dwellers in turn depended on these people for their income,

guidance and support; thereby a strong sense of bonding occurred between these two sections

of society. If relocated in the neighbourhood the bonding would still be intact but relocating

them completely from the city to a suburban area has only alienated the urban poor from the

mainstream society.

Finally, there are 329 Corporation Schools in Chennai and 95% of the school population has

children from the slums. If the slums are being relocated why is it that the schools in Chennai

are not being relocated proportionately to that of the population of slum dwellers?

Infrastructure created already for the slum dweller will also be wasted within the city. These

are the various reasons why the model should not be further replicated.

Myth Two: The slum dwellers were living in inhuman conditions and resettling them in

concrete houses ensures a better standard of living.

Fact: Relocation of the urban poor to alternative suburban locations results in much worse

living conditions for them than in the slums in the city.

Infrastructure in the original slums Infrastructure in the alternative sites

A higher percentage of slum households than non-slum households use piped drinking water according to the National Family Health Survey III (2005-06). The 2001 Census survey indicates that 26% of the slum

One person accesses one pot of water on a daily basis; That too water contaminated with sewer waste. One hand pipe is provided for 16 houses. There is no alternative mechanism designed for availing water supplies. Unlike in



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population had access to drinking water within their premises. 55% of the slum population had access to drinking water within 500m of their premises. 19% of the Slum population had to go more than 500m to access drinking water. Hand pumps (42%) are the main source of drinking water in slums. Tap water is available to 31% and a sizeable proportion (20%) is serviced by “other sources”.

Chennai where the water connection is provided by Metro Water, in the relocation sites TNSCB procures water and arranges for its circulation.

The Slums boast a sex ratio (968) that is healthier than the non slum population of Chennai (945).

With abject poverty situations prevailing in these areas and the lack of pre-post natal care facilities there is more chance of the sex ratio slowly dwindling down as signs of neglect of girl children in emerging.

The literacy rate at 80.09% (with female literacy rate at 74.21%) within the slums is higher than the state average.

The fact finding reveals that the girl children are dropping out of school because of lack of provisions for schooling within the sites and the distance they have to travel to access education back in the cities and the safety issue they face while travelling to school.

While electricity is available to 97% of the non-slum population, only 79% of the slum population has this facility.

Even after 10 years there are families who are unable to avail electricity because of the procedural delay

There are 329 Corporation Schools in Chennai and 95% of the school population have children from the slumsxx.

When slums from more than 70 areas are relocated there are only 4 schools set up in Kannagi Nagar and 2 in Semmenchery

With regard to access to health related infrastructure, Chennai slums boast an immunization coverage that is higher that the rates seen in the non slum population (89% vs. 79%). The same is further seen with regard to family planning where it is 72% (while it is just 68% in the non slum population. Many of the families in the slums are being enrolled for coverage under the new health insurance programme that has been floated under the Chief Ministers name. There is further good access to primary health care as well as secondary and tertiary level care that is being provided by the three large Government Medical College Hospitals in the city.

Those who once accessed the General Hospital because of the proximity, are now suffering from lack of basic health services because of no PHCs and ICDS centres in these settlements. Still the displaced people have to access the hospitals back in Chennai travelling for almost 2 hours to do so.

This comparison is only to show that the standard of living is worse off in the resettlement sites

than in the slums. We are not endorsing the notion that people should continue to live in

inadequate conditions in slums. There should be measures to undertake situ slum upgradation

in consultation with the slum dwellers to ensure an adequate standard of living.

Myth Three: Resettlement houses are low cost housing with better quality



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Fact: The government records state the fact that “clearance and relocation of slums costs 10

times more than upgrading at the existing sites”xxi. Accepting the fact that upgrading slums at

the same location is feasible, visible, immediate, and makes a significant difference in the lives of

the people; the City Development Plan proposes alternative sites stating the only fact that

“relocation minimizes the disturbances to the social and economic life of the community”. In the

same report they have stated that the alternative to moving people or replacing their homes is

upgrading, and upgrading rejuvenates the existing community with minimum disruption and

loss of physical and social assets. Thus, even according to the government, relocating people to

alternative locations is not feasible economically or socially.

Myth Four: The resettled people were consulted before the houses were allotted, but they are

always demanding more.

Fact: The massive housing demolition and relocation process undertaken by the state was

preconceived and it was the only option provided to the slum dwellers. The people were not

consulted at any stage.

Therefore:

1. with the destruction of their homes, the slum dwellers had no option but to move to the resettlements sites built by the government.

2. if the slum dwellers refused to accept the offer of the state they would be forced to become homeless.

Moreover, the resettled slum dwellers are asking only for what is due to them, as schemes and

services are not implemented in the settlements. If they don’t demand for adequate water the

only option they have is to die of thirst. These are basic human rights and entitlements that the

state is legally obligated to provide to them. The act of demolishing their homes and resettling

them in grossly inadequate living conditions, is a gross dereliction of state duty and violation of

national and international law.

Myth Five: Those in the resettlement sites are ‘thieves’ and ‘thugs.’

Fact: Slum dwellers are hard there are many people from the slums who have attained great

heights, every slum dweller has an aspiration for the child, and the children have dreams. When

they were back in the slums, many in the city entrusted their houses and children in their care.

Just because they are moved out of the city for no fault of theirs than being poor, they are

branded as thieves and thugs. They are as human as we are.

The issues of concern of the PUCL fact-finding team are:

1. Increased eviction threats in the city – Violation of the rights of the poor person to reside in the city, and their human rights to an adequate standard of living, adequate housing, work/livelihood, health, food and water.

2. Creation of similar massive housing relocation programmes for the urban poor without rectifying/addressing the issues in the houses and settlements already occupied.

3. Eviction of the urban poor out of the city to cater to the interests of the rich and the powerful.

4. Disempowerment of local governance structures and mechanisms in the name of ‘public private partnerships.’

5. Lack of democratic planning processes. 6. Violation of national and international law.



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Increased Eviction Threats in the City: The fact-finding reveals the fact that there is an

inadequacy of amenities, as well as loss of livelihood options in the relocation process, yet the

onslaught of eviction unleashed against the slums is ever increasing. Each of the “development”

projects is resulting in mass displacement of the slum dwellers from their places of habitation.

The proposed Chennai High Speed Circular Transportation Corridor (HSCTC) is one of the most

harmful proposals. The high speed corridor consists of 9 roads (6 Roads Proposed by Adayar

Poonga Trustxxiii namely the Adayar Corridor 15.846 kilometres – Estimated Cost 1430 crore

INR; North Buckingham Canal Corridor – 12.3 kilometres – Estimated Cost 740 crore INR;

Central Buckingham Canal Corridor – 2.860 Kilometres – 170 crore INR; Connectivity Corridor –

5.140 Kilometres – 350 crore INR; Mambalam Canal Corridor – 5 kilometres – 195 crore INR;

Inner Ring Road Corridor – 5.95 kilometres – 25 crore INR; National Highway Authority of India

(NHAI) proposed 2 road projects namely the Chennai Port to Maduravoyal Corridor – 19

kilometres – 2090 crore INR that is under construction and the Chennai Bypass Corridor – 32

kilometres – Under Construction and finally the East Coast Elevated Expressway – 9.7

kilometres – 430 crore INR for the first phase work proposed by the Tamil Nadu State

Highways), of which the work on the four-lane Chennai Port to Maduravoyal Corridor is being

implemented, for which the recent eviction drive has been unleashed.

The Social Impact Assessment (Chapter 8) of the report entitled “Consultancy Services to Carry

out Feasibility Study Cum Preliminary Design for Final Feasibility Report, 4 lane elevated

expressway from Chennai Port to Maduravoyal on NH-4”, prepared by Wilbur Smith Associates

Pvt. Ltd. for the National Highways Authority of India, clearly states that 11,193 families from

the various slum areas are the ‘Project Affected Families’ and hence will be eligible for

resettlement and rehabilitation (R&R) assistance. 39 slums from Chetpet, Choolai, Egmore,

Aminjikarai, Pudupet, Annanagar and Pallavan Nagar are earmarked for the eviction process, of

which Pudupet slums and some areas in Egmore and Chetpet are already evicted. Slum dwellers

from the other areas are knocking the doors of the High Court seeking justice.

Forced evictions are carried out by the state during the mid-academic year and during the

monsoon. The trauma that women and children face is indescribable. The principles of NRRP

are being sidelined for hastening the construction of such projects that will be in the interest of

the rich in the city. The poor will be moved to the outskirts of the city in a habitat socially

engineered for the poor.

Proposed Slum Eviction Projection xxii 11,193 Families– Chennai Port to Maduravoyal

Project 15,354 Families – Buckingham Canal Project

9,562 Families – Cooum River 6,624 Families– Adyar River

3,105 Families – Mambalam Canal Total of 36,276 Families (More than 1.8 lakh slum dwellers) are facing

immediate eviction threats under 6 projects.



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Massive Housing Process Initiated for the Poor: The urban poor living in ‘objectionable

slums’ will be resettled in various locations in Chennai. These houses are constructed under the

JNNURM (Jawaharlal Nehru National Urban Renewal Mission) towards making the mega cities,

slum free by 2013. Under this scheme, tenements are to be constructed as “integrated

townships” in Chennai. Under Chennai Ezhil Nagar Scheme, 6000 houses are to be constructed

in Okkium Thoraipakkam and 3,936 at Perumbakkam. The work at Okkium Thoraipakkam has

been temporarily stopped due to court orders whereas the work in Perumbakkam is in

progress. 10,452 houses are to be constructed in Perumbakkam in the initial phase. As the slum

dwellers have approached the court and obtained a stay order, the work has been delayed. The

stay has now been vacated and the work has commenced. The second phase of Perumbakkam

consists of 9,476 houses and the tenders are yet to be obtained (Housing and Urban

Development Department, Demand No. 26, Housing and Urban Development Policy Note 2010-

2011).

The Economy of Eviction - Why are these projects being implemented? Besides the

implementation of these projects, another looming threat is the ever increasing invasion of the

private forces on the urban finance paradigm. Since the initiation of various Externally Aided

Projects like the Tamil Nadu Urban Development Project (TNUDP – World Bank funded),

affected citizens of the city have had little say in the course of events and development projects

that have been planned in the very sites where they have been living for generations.

The current funds for urban development are managed by TNUDF (Tamil Nadu Urban

Development Fund). TNUDF is a Trust established under the Indian Trusts Act, 1882, by GoTN,

ICICI, HDFC and IL&FS with a line of credit from the World Bank. TNUDF, in short, is a trust fund

engaged in the development of urban infrastructure in the state of Tamil Nadu. This trust was

created as part of a restructuring exercise of an existing World Bank credit to the Government of

Tamil Nadu (GoTN) in September 1996. TNUDF is the first public-private partnership providing

long term debt for civic infrastructure on a non-guarantee mode, with contribution from

Government of Tamil Nadu along with financial institutions. The purpose of TNUDF is to

broaden the scope of the fund so as to attract private capital into urban infrastructure, and

facilitate better performing Urban Local Bodies to access capital markets. TNUDF has been in

existence for eight years and the fund has disbursed Rs. 8 billion as loans so far.

TNUDF is formed by 72 per cent funding from the state (GoTN – Rs. 143 crore; ICICI – Rs. 23 crore; HDFC - Rs. 17 crore and IL&FS – Rs. 17 crore). Despite the fact that the state funding is the highest in TNUDF, this is being administered by a Corporate Trustee viz., Tamil Nadu Urban Infrastructure Trustee Company Limited (TNUITCL – Finance Institution – 51% and GoTN – 49%) with Tamil Nadu Urban Infrastructure Financial Services Limited (TNUIFSL Finance Institution – 51% and GoTN – 49%) as the Fund Manager. The participation of Government of Tamil Nadu in the equity of TNUIFSL has been kept to the minimum. Majority holdings by All Indian Financial Institutionsxxiv sentence incomplete?? These private-public entities are now making all the decisions with regard to the ‘development

of the city’ including preparation of the feasibility study and the environmental and social

impact study of the project. The government is also further endorsing TNUIFSL by legally

agreeing to the ESF (Environmental and Social Framework) prepared by Tamil Nadu Urban

Infrastructure Financial Services, Chennai, in association with Wilbur Smith Associates Private



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Limited, Chennai (through G.O.Ms.No.115, Dated: 6.10.2006). This clearly highlights that the

state is pro-rich and has no qualms violating the rights of the poor. Why should the private

players be given space to determine the environmental social framework?

Disempowering Urban Local Bodies: There is also a constant fear that these private entities

are wielding excessive control over the policies of the state and over urban local bodies. In a

presentation of Vikram Kapur, MD & CEO of TNUIFSL, Chennai the following structure is

mentioned.

The presentation also sates that, “Policies and procedures are prescribed by TNUITCL and not

the State Government (arm’s length). This needs to be sorted out. Can a corporate trustee have

control over the local governance mechanism of the state?

Role of International Finance Institutions: The World Bank’s spending pattern clearly explains the fact that the World Bank has turned its funding towards housing policy and housing finance. Housing finance of the World Bank has increased from 15% (1972-1986) to 49% (1987-2005) and another 11% additional expenditure towards housing policy from 1987-2005). The housing policy of the state of Tamil Nadu went from a gradual transition from in situ development to alternative accommodation in line with the motive of the World Bank stated below: The motive of the World Bank is clearly expressed in its Housing and Land policy, which states, “The World Bank Group focuses on assisting national and local governments in formulating policies and programs on two aspects of the sector: linking real estate market development to overall economic development in client countries and focusing on how to make the housing market more efficient to provide adequate shelter for all city dwellers.”

Govt

Minister for Local Administration

Secretary MA&WS Water Supply and Drainage Boards

TUFIDCO & TNUDF

Chennai Corporation

Commissioner and

Mayor

Commissioner of Municipal

Administration Director of Town

Panchayats

Chennai Corporation Municipalities Chairperson Panchayat President



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The World Bank and other externally aided funds are managed by private players (especially those banks providing housing loans) who make profit out of it by lending money to Urban Local Bodies and other government agencies. They are also the same ones who benefit when there is a boom in the real estate market when the invaluable lands vested with the slum dwellers are cleared of the slums and the lands are put to use for commercial purposes. It is also convenient for these players to use the funds vested with them to provide alternative accommodation for the slum dwellers whose lands are expensive and coveted for real estate development. Thus well planned orchestrated efforts are carried out to remove the poor from the city and capture the various lands within the portals of the city that are vested with the urban poor. Why should private entities be given the right to draft the ESF for the projects and why are government orders passed to endorse them? Once the other projects commence, slums in the various localities, including areas like Kotturpuram (Malligaipoo Nagar, Ambedkar Nagar, Sathya Nagar, Sooriya Nagar), Saidapet, Korrukupet, Basin Bridge, Wall Tax Road, Walajah Raod, Bharathi Salai (Victoria Hostel Backside – Sivarajapuram Stretch), Besant Road, Dr. Radhakrishnan Road, Triplicane etc. The desilting work of the Buckingham Canal in the name of beautification of Chennai will result in further displacement of slums near the water bodies. None of these high speed transport corridors are eventually going to benefit the low income groups or the lower middle class; they are designed to serve only those who constitute a small percentage of the population in Chennai. Are we moving away from the welfare approach of the State so as to cater towards the vested interests of the powerful?

Experts believes that to construct an Express Highway, if it all it is necessary, does not always

require dislocating the poor from their traditional homelands. This is a gross human rights

violation committed by the Government of Tamil Nadu. Very rarely does the Government of

Tamil Nadu choose to build such farcical Express Highways, elevated Highways, Six lane roads,

Flyovers passing through the vicinity of the propertied and rich. Why should the state target the

poor when, in conditions of heavy rains when their earnings are very poor, they should also be

uprooted from their homes, social and cultural networks, and livelihood.s There is a need to

make the voices of the voiceless urban poor heard.

“Urbanisation is generally associated with lower levels of poverty, certain aspects of economic

development and changes associated strongly with the process of urbanisation in India have

created a backwash effect for poor urban communities. Similarly, slum demolition drive in some

cities has made urban poor more deprived and stressed. The relationship between economic

development and urban poverty is complex. Though large cities have lower levels of poverty the

backwash effect of new development may become even harsher on the urban poor. Cities do

need blue collar workers and in the interest of an orderly and inclusive development, cities need

to integrate the poor and informal sector workers into the main city system.” (Chapter One:

Economic Development and Urban Poverty, S. R. Hashim, India: Urban Poverty Report 2009 –

UNDP).



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Based on the above observations, the PUCL fact-finding team makes the following

recommendations:

Evictions:

State should not resort to Forced Eviction as it a gross human rights violation. Blanket ban on eviction and relocation at alternative sites till the feasibility of the existing sites is reviewed by the state in consultation with the public and civil society actors.

The proposed construction of houses at alternative locations, including Perumbakkam and those in other locations should be stalled until the state makes provisions for those who have already been uprooted, and unless living conditions in the current resettlement sites are not brought in line with human rights standards of adequacy of housing (see General Comments 4 and 7 of the UN Committee on Economic, Social and Cultural Rights, and the UN Basic Principles and Guidelines on Development-based Evictions and Displacement).

The process of public consultation should be strengthened. The urban poor are seldom consulted about the size, location, cost and design of the houses. The houses are predetermined and the people have no choice but to accept the housing. The massive sites are planned and implemented and the only choice that the poor get to make is whether they want to live in the streets in the city or to accept the house that the state provides.

If the urban poor residences are in dehumanized condition, adequate housing (with physical and social infrastructure facilities) should be provided within 3 kilometres radius of their original place of habitation.

Any housing process should commence only after extensive community consultation involving representatives from the various social groups and communities in the settlement, including women, and persons with disabilities.

Housing should be provided for all including tenants, as the rich and powerful at times rent their huts in slums and in times of the housing process only the owners are provided with the compensation.

People Resettled:

Steps to be taken to provide adequate infrastructure facilities for those already residing in the resettlement sites, as they are devoid of basic amenities. All housing sites to have basic services and infrastructure both physical (water, roads, sanitation and sewerage, transportation) and social infrastructure (clinics, schools, training facilities, primary health centres, fair price shops, etc)

Livelihood of the already uprooted population should be compensated within a fixed period.

Future Housing Programme:

Under the city development plan, provisions should be made to review the existing and proposed land use patterns. Steps should be taken to ensure mixed usage of land with special emphasis on upgrading housing for the urban poor residents in their original place of habitation and minimal allocation of land for commercial, private, and other public purposes.

The current land usage map of CCA and CMA indicating the vacant lands and ownership details should be made public. The map of the “upgraded slums” specifying the name of the urban poor habitat and location should also be released to the public.



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A complete survey consisting of the socio-economic profile of the urban poor habitats should be conducted together with the urban poor communities.

Steps should be taken to provide in situ entitlements for the urban poor communities with security of land tenure. The urban poor should not be forced to pay for their houses under the Hire Purchase/Land-cum-lease Scheme.

It is important to fulfill the suggested recommendations as the very Motto of the Tamil

Nadu Slum Clearance Board is that - “In the smile of the poor, we see God.”

However the recent happenings reveal that the resettled urban poor has forgotten to smile.

In summary:

The urban poor are declared ‘unfit’ to live in the cities because of their economic status;

Babies are born on the roadside;

Children have died due to the inability to access basic health services and timely medical assistance;

People have died due to improper electricity wiring in the sites;

Youth are branded as thieves and thugs;

Women are construed as ‘loose characters’ because they hail from the sites;

Children are dropping out of schools due to mid-year evictions and the distance from the sites;

Mental trauma, fear and other psychological effects of eviction and relocation greatly impact children. The aspirations of children are destroyed for no fault of theirs;

People still living in darkness with no electricity;

Breakdown of social networks and community life;

Long-term effects on health and livelihoods of women.

The displaced poor will not die of hunger – thanks to our state government for the subsidized

rice; but they are dying of shame and disgust, disgust of being thrown out of the city. The youth

and the children had aspirations and dreams of attaining great heights. They saw the city life

and it inspired them to develop now all that they see are children and unemployed youth living

around them sharing the same thoughts of disgust. They are pushed to the extremities of

desperation and despair. What crimes did the children commit? They appealed to the Hon. Chief

Minister to give them an opportunity to be in the city and study in the best schools.

We did not mind them being there when the cooum was dirty but we do not want them there

when the cooum will be made like the Thames…



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These are the people who help us to enjoy our comfortable lifestyle; they are our domestic

workers, they do our laundry; iron our clothes; they deliver paper to us on time; they drive the

auto rickshaws; they deliver flowers, fruits and vegetables when we needed them the most; they

took care of our children while we were away on work; they ran the errands for us; they

celebrated our success and consoled us when at loss;

Now they are thrown out of the city… where are we?

Citizens of Chennai, the poor in Kannagi Nagar and Semmenchery are no more smiling thanks to

all the misfortunes bestowed on them for the virtue of being poor…

The PUCL fact finding team had worked for months together towards compilation and

verification of all the data mentioned in the fact finding report. The team had also tracked the

changes in the policies related to Housing and Urban Development. To ensure that the data

provided in the fact finding report are updated, Saravanan Karunanidhi, one of the members of

the fact finding team along with the research and support team revisited the settlements on 7th

January 2011 to verify the existing status of these habitations.

Issue Status during the fact finding mission

Updated Status Comments

Inadequacy of ICDS centres

12 ICDS in Kannagi Nagar and 3 in Semmenchery. There are crèches run by private NGO’s and the government is also taking it into consideration. These private run crèches can by no means substitute the ICDS that is holistic in nature.

There are five new centres newly introduced this is after the dictum issued by the Supreme Court food advisors to the Tamil Nadu Government.

In Kannagi Nagar 5 new ICDS centres (House nos. 12599, 12600, 13553/13554, 15263/15264, 15500) are opened in the last 6-8 months. 4 centres are run in 2 buildings (centre no 13553 and 13554 are run in one building and centre no 15263 and 15264 are run together in one building). On an average there are only 15 children in each centres. On the day of visit, one ICDS (13553&13554) was closed. Enquiry says that it is non functional. In two ICDS centres (15263/15264, 15500),

The state government has replied to the Supreme Court Food Commissioners that 6 centres have been recently opened in Kannagi Nagar and 1 in Semmenchery. The field verification reveals that there has been only 5 centres opened in Kannagi Nagar. 1 additional centre is opened in Semmenchery.

The government claims that there are 31 crèches functioning in these areas. However private run crèches cannot be considered as substitutes for ICDS centres

Part V- Current Updates



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food is not prepared within the premises. It is prepared elsewhere and brought to these places.

In Semmenchery Mr. Dhusyanthan, Executive Engineer for Construction and maintenance points out that the total number of ICDS in Semmenchery is 12 centres (8 ICDS centres and 4 crèches) he acknowledges that there was just 6-8 before six months.

As per the population as stated by the panchayat there should be at least 150 ICDS centres in these sites

PDS centres There were 5 PDS outlets in Kannagi Nagar and 2 in Semmenchery

After the letter from the Supreme Court Food Commissioners 1 PDS outlet is opened in Kannagi Nagar (shop no. 21/KG061) and 2 in Semmenchery

In response to the Supreme Court Food Commissioners the government acknowledges that there are only 7837 PDS cards in Kannagi Nagar and 4615 in Semmenchery. Whereas the total number of occupied houses in Kannagi Nagar is 14,500 and the total number of occupied houses in Semmenchery is 6734. Even if we were to take into account one family per house there is still huge shortage of cards I these sites.

Water Supply

Kannagi Nagar was receiving 7-10 pots of water once in every 3 days. Semmenchery was receiving water two hours a day but was not sufficient. The water available in both sites were not potable.

In Kannagi Nagar the block where there was no water supply for the past 8 years two new hand pumps are installed. Now water is supplied three hours once in two days but the issues of quality prevail. Residents complain of worms in the water. In Semmenchery people state that water supply is more regular as it is supplied once in two days but they also complain of worms found in water.

By no means the quality of the water supplied to the people can be of poor quality. Moreover the claims of the state in the litigation regarding resettlement is that each houses have individual water supply. Why should the services for the poor be substandard, why not individual water supply for each houses as there are 3 floors constructed in Kannagi Nagar and it is an additional burden for the women to carry water for all purposes.



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PHC No PHC in both sites

One new Govt. PHC (Building by Times Foundation-Isha) is functional (Opened in Dec. 2010) in Semmechery. According to Mr. Dhusyanthan, Executive Engineer, Construction & Maintenance, Semmanchery, there are 6 Doctors and 12 staff nurses are working in the PHC. However the people point out that only 1 or 2 doctors are in the PHC during the morning hours. People also point out that the quality of the treatment is not good. Hence they visit private hospitals in OMR. Around 3pm on 7th Jan.2011, there were no doctors found in the hospital premises. Only one staff nurse and 3 workers were present. No patients were found. People say only normal deliveries are handled here; Cesarean deliveries are not handled.

There is no PHC established in Kannagi Nagar yet due to the lack of cooperation from the Panchayat for establishing a CHC in the settlement

The state cannot justify the non existence of PHC by stating that the Panchayat is refusing to cooperate for the same.

Electricity Connection

Illegal Electricity supply exist in Kannagi Nagar

According to Mr. D. Ranjan, EE(Maintenance) Kannagi Nagar, Deposit amount has been paid to EB by the TNSCB to give electricity connection to (those houses which do not have legal connections) 10,481houses. The deposit amount of Rs.2200 for each house will be collected later as onetime payment or in instalments (The residents were asked to pay onetime instalment before to get electricity connection) This is done to check illegal connections and the revenue loss to the government.

Graveyard Interaction with Graveyard workers, Mahalingam, Ayyadurai and Sundaram reveals that the burial space is

These are issues that needs to be addressed the people do not have dignified existence when



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There were several concerns raised by the Secretaries of Tamil Nadu in the meeting held by the

Chief Secretary to Government on 1st March 2010 regarding the infrastructure facilities in the

settlements. It is an embarrassment that the state woke up to certain basic questions after eight

years of establishing the resettlement site.

Key Issues Views of the State Queries

Who is to provide infrastructure facilities for the settlements?

Secretary to Government Housing and Urban Development: “TNSCB has created infrastructures like roads, street lights, storm water drain, underground sewerage system etc and handed them over to the concerned local bodies for maintenance. However, the local bodies are unable to maintain them. Therefore, this infrastructure and also solid waste management are being looked after by TNSCB. TNSCB has neither the infrastructure or the staff to maintain the facilities since it is not a local body. He said if it is not possible for RD ad PR Department to maintain it TNSCB should be authorized to maintain the infrastructure and given necessary funds” Secretary to Government RD and PR: “Panchayats are basically unable to deliver the services due to two reasons, i.e.. (1) they do not have the necessary funds or staffs since this was decided based on the Census 2001 and the SFC grants which should not be increased now (2) they were unable to tax the residents to fund service deliver’

Why were the relocated invisible in the eyes of the state for over 8 years? How is it that TNSCB wakes up to a stark reality after 8 years to realize that they do not have the infrastructure or the staff to provide the basic infrastructure for the people, despite the fact that they claim to have built several thousands of houses for the urban poor? Why should procedure be a hindrance for displaced communities to avail basic services?

very limited and dead bodies are buried one over the another. Young women/ adult girls committing suicides is becoming a routine here. Murdered bodies are also buried (with out postmortems or enquiry) after getting signatures from 50 or more people (relatives and neighbours).

they are alive nor after their demise.



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How will the resources be mobilized for providing the basic infrastructure?

Secretary to Government RD and PR: “Taxes should be collected by the TNSCB and paid or paid by TNSCB and it should not be necessary for the Panchayats to collect the taxes from the individual residents. Also there was the legal issue of ownership which needed to be decided. The principal Secretary to Government Home Department: “Taxes can be collected by TNSCB and given to the RD Department” The Collector of Kanchipuram District: “The Panchayats’ access is anyway meager and so the collection would not yield much” Managing Director, TNSCB: “The Tenements constructed by TNSCB have been allotted on hire purchase basis (and not on rental basis) and in many cases ownership had been transferred to the residents by way of issue of sale deeds and hence TNSCB was not liable to pay taxes. Also, the question of taxes and the legal issues, etc., should not be linked to delivery of services since in any case as pointed out by the Collector of Kancheepuram, the taxes are two meager to fund the service delivery. MD, TSCB also pointed out that when such huge resettlement projects are taken up there is a need for service deliver, otherwise it brings a bad name to the Government as well as renders the entire process in-fructous given that these people are the most disadvantaged sections who have been deprived of their livelihood and also have been moved out of their homes within the city” The principal Secretary to Government Home Department: “There was a special need for special dispensation for such schemes wherein all infrastructure facilities should form part of the original scheme itself including the cost of setting up and maintaining and operating facilities.

Despite deliberation over the issue of resources for infrastructure, the Secretaries had concluded that there will be a policy guideline derived for housing more than 5000 households (25000). No concrete decision was taken as to how the lives of the displaced people will be made better. The delay for the last 8 years have resulted in loss of lives, babies born in streets, countless unable to access the food security schemes, lack of water facility, health care facilities and the relocated whom the government recognizes as “most disadvantaged sections who have been deprived of their livelihood and also moved out of their homes within the city” will ever be compensated for their innumerous loss? The displaced communities have suffered due to the lack of foresighted planning on the part of the state. Many more are planned to moved to such types of housing projects. How can the government evict people despite the fact that they have not resolved any of the systemic problems raised in the resettlement process?



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The Chief Secretary: “It may be possible to include infrastructure cost in the project but, it is not possible to include the operating and maintenance cost in the project”

How can there be more coordinated efforts between the various agencies of the State?

The Principal secretary to Government, Health and Family Welfare Department said that G. O has been issued for one CHC (30 bedded) at Okkium Thoraipakkam and that the Panchayat has been identified lands for this. MD, TNSCB clarified that the proposal has been mooted and sent by TNSCB and orders were issued sanctioning CHC based on the TNSCB’s proposals. But, the Panchayat is now unwilling to locate the CHC in the site within the R&R scheme Kannagi Nagar.

Lack of coordination has resulted in delayed health care facilities? There are many victims to the lack of health care facilities how will the state compensate them for their loss?

Seeking answers to the various queries the only potential answer that the State has arrived is to

wash off its responsibilities… The variation to the approved Second Master Plan for the Chennai

Metropolitan Area, 2026 under Tamil Nadu Town and Country Planning Act was endorsed by

G.O. Ms. No 161, Housing and Urban Development (UD-I) 15th July 2010 states the following,

“The slum dwellers residing at lands owned by Government Departments or agencies, who are

to be resettled to bring the encroached land to its original status or to make the land available

for any public use are eligible for award of Special Transfer of Development Rights in the form

of FSI to the extent and on conditions set out below… Tamil Nadu Slum Clearance Board shall

play the role of a co-ordinator-cum-facilitator, between the slum households to be evicted, the

private developers of alternate accommodation and the CMDA that has to issue Special Transfer

of Development Rights Certificate.”

The concerns of the PUCL fact finding team are as follows:

Permitting the private players for the construction process will not solve the

purpose of providing better quality houses as the previous resettlement process

reveals the fact that the gaps were related to systemic problems in the system of

the state’s agencies not merely to the physical construction of the houses

Further construction of more houses in Kannagi Nagar (6000 houses under

JNNURM and 2000 under ETRP) should not be permitted. The replication of mass

housing schemes in Perumbakkam should not be continued as the State has

acknowledged the following:

“The Commissioner of Police, Chennai informed that as far as Kannagi Nagar

(Okkium Thoraipakkam) is concerned, it is a crime prone area due to large

concentration of slum population which was not desirable. The Principal Secretary

to Government, Home Department also felt that this kind of concentration of slum

population in one place is not desirable and that future programmes should ensure



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that they are more distributed and there is a mixed development. MD, TSCB stated

TNSCB is continued to take up schemes wherever land is made available. He

requested that smaller extent of lands may be provided to TNSCB for RR schemes at

different places for this purpose. The Chief Secretary to Government said, Revenue

Department can be addressed for the purpose”

There should be more coordination with the various departments for allocation of land

within the city for the housing for urban poor. As moving them to one place in the

outskirts of the city devoid of livelihood only creates new slums. If there are lands

procured for projects of national interest why not for the poor, welfare of the poor

should be viewed also as interest of the nation. The State should resort to housing

within the city guaranteeing the right to city for the urban poor based on the principles

enshrined in Article 38 of the Indian Constitution that points out that it is the duty

of the State to secure a social order for the promotion of welfare of the people

(1) The State shall strive to promote the welfare of the people by securing and

protecting as effectively as it may a social order in which justice, social, economic

and political, shall inform all the institutions of the national life.

(2) The State shall, in particular, strive to minimise the inequalities in income, and

endeavour to eliminate inequalities in status, facilities and opportunities, not only

amongst individuals but also amongst groups of people residing in different areas

or engaged in different vocations. Therefore the state shall not forego its

responsibility and reduce its role just as a facilitator for evicting and re-housing the

people.

There is a need to understand that the concerns of the displaced urban poor are not related to

adequate housing but it is about their Right to City. The livelihood option of the urban poor are

location specific, they need the access to city for their sustenance. However, the eviction and

resettlement process denies the people of their access to cities rendering them uprooted from

the place where their livelihood option thrives. The people are resettled in the peripheral areas

of the city where as the prime lands where the people resided are now converted for various

development projects. This is leading to inequitable usage of the urban spaces for the welfare of

the urban poor. Therefore the team concludes that the recent urban evictions and the

resettlement process is not related to adequacy of housing as projected by the state but it is an

issue of social justice and equitable development of the urban poor that should be promoted as

enshrined in Article 38 of the Constitution of India.

The PUCL team also brings to the notice of the government for the implementation of the

directions issued to the state government of Tamil Nadu (Case No

1353/22/13/2010/UC).

Immediately all eviction of the slum dwellers should be stopped

If evictions are required in public interest, people are to be resettled within 3

kilometers of their homes so that their livelihood is not affected

Provisions of basic amenities and health facilities, safety of women, livelihoods,

education for children should be ensured in the resettlement areas.



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i Tamil Nadu Slum Clearance Board was set up for the clearance and improvement of slum areas of Chennai city and subsequently extended to all the Corporations and Municipal Towns in Tamil Nadu in a phased manner from 1984. ii ‘TNSCB Thoraipakkam model bags low-cost housing prize,’ Feroze Ahmed, April 26 2002, The Hindu, http://www.hinduonnet.com/thehindu/2002/04/26/stories/2002042604270300.htm iii ‘Post Card Campaign against Slum Board,’ Nalini Ravichandran, November 11 2008, The New Indian Express, http://expressbuzz.com/States/tamilnadu/postcard%20campaign%20against%20slum%20board/18380.html iv ‘Residents keep government posted on their demands,’ Staff Reporter, November 11 2008, The Hindu. v ‘City’s Suicide Point,’ Sangeetha Neeraja, July 28 2009, The New Indian Express First Published : July 28 2009, 03:20:00 AM IST. Last Updated : July 28 2009, 11:00:54 AM, IST, http://expressbuzz.com/news/city’s-suicide-point/88529.html. vi ‘Human Dump yard,’ Sangeetha Neeraja, July 27 2009, The New Indian Express.

vii ‘Hell Hole Called Kannagi Nagar,’ Ranjitha Gunasekaran, First Published : December 21 2009,

03:31:00 AM IST, http://expressbuzz.com/news/hellhole-called-kannagi-nagar/132414.html.

viii ‘Relocated and Forgotten by State,’ Nalini Ravichandran, December 28 2008, The New Indian

Express.

ix Pg 66, Development Plan for Chennai metropolitan Area, April 2006

x Pg 28, Executive Summary, India Urban Poverty Report: 2009,

http://data.undp.org.in/poverty_reduction/IUPR_Summary.pdf

xi Slums that were upgraded under the MUDP and TNUDP (Madras Urban Development

Programme and Tamil Nadu Urban Development Programme)

xii Municipalities, upgraded ULBs (erstwhile Town Panchayats) and the Village Panchayats in

and around CCA

xiii Pg 78, Development Plan for Chennai Metropolitan Area, April 2006

xiv Pg 76, Development Plan for Chennai Metropolitan Area, April 2006 xv Resettlement and Rehabilitation of objectionable slums on waterways - Role of TNSCB,

Thiru T.K.Ramachandran,I.A.S., Managing Director, TNSCB, Seminar on Waterways conducted by

the Chennai Metropolitan Development Agency 4th and 5th March 2010,

xvi Elevated highway eviction: 433 hutments razed in Chetpet slum,’ The Times of India,

http://timesofindia.indiatimes.com/city/chennai/Elevated-highway-eviction-433-hutments-

razed-in-Chetpet-slum/articleshow/5231473.cms.



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xvii Basic principles and guidelines on development-based evictions and displacement,

(E/CN.4/2006/41, March 2006), United Nations - Annex to report of the Special Rapporteur on

adequate housing (Miloon Kothari), UN Human Rights Council. P. 4. Also see, Convention on the

Elimination of All Forms of Racial Discrimination (CERD).

xviii Basic principles and guidelines on development-based evictions and displacement,

(E/CN.4/2006/41, March 2006), Annex, Report of the Special Rapporteur on adequate housing

(Miloon Kothari), UN Human Rights Council

xix 2006. “Environment and Social Assessment for construction of Tenements at Okkiyam

Thoraipakkam, Final Report, E 126, Volume 4, December 2006.” World Bank India.

http://www-

wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2007/09/21/000020439_

20070921100326/Rendered/PDF/E11260vol.04.pdf

xx A Statistical Insight into Health & Education in Chennai Slums by Vydyanathan Lakshmanan -

CCS Working Paper No. 177

xxi Pg 8, “The alternative to moving people or replacing their homes is upgrading. Upgrading

rejuvenates the existing community with minimum disruption and loss of physical and social

assets.” “Pre-Feasibility Study for Identification of Environmental Infrastructure Requirement in

Slums in Chennai Metropolitan Area, Final Report - Chennai Corporation Area, VOLUME-I MAIN

REPORT, September 2005

xxii Pre-Feasibility Study on the Proposed Road Alignment Along Water Courses of Chennai –

Final Report Prepared by Tamil Nadu Urban Infrastructure Financial Services Limited by

Division of Transportation Engineering, College of Engineering, Anna University

xxiii HIGHSPEED CIRCULAR CORRIDOR: DRAFT INTERIM REPORT - PRIOR TO PUBLIC

CONSULTATION - http://www.tnudf.com/downloads.asp

xxiv Presentation of Vikram Kapur, MD & CEO TNUIFSL Chennai, to the Associated Chambers of

Commerce and Industry of India (ASSOCHAM), 28th November 2007, New Delhi.

http://www.assocham.org/events/recent/event_213/VikramKapur.pdf

http://www.tnudf.com/documents/HSCC_DIR.zip

http://www.tnudf.com/documents/HSCC_DIR.zip

http://www.tnudf.com/downloads.asp

final-report of pucl ff team on slum eviction n r&r-13th jan 2011

Documents

fifty square

bharath rathna

peoples charge

fair price

human dump

flood alleviation

solid waste

typed book