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Involuntary Displacement and Resettlement — Policy and ... - CEPA

Involuntary Displacement and Resettlement — Policy and ... - CEPA

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l<strong>and</strong> with a small house. The house has neither electricity nor water. Sheis waiting for another grant to pay for this infrastructure. Mrs. Swarnadurai’ssituation is of consequence as it highlights the importance ofjointly-registering new houses. Datta (2006) in her study of joint titling inurban informal/ squatter settlements in India found that when housing unitswere regularised <strong>and</strong> joint titles given to both spouses, women felt that theyhad more control over household-level decision making (2006: 278-279);were given exposure to new arenas such as banking, the financialbureaucracy <strong>and</strong> local politicians (281); that their husb<strong>and</strong>s would be lesslikely to ab<strong>and</strong>on them as they maintained some control over the house(283); that they got more respect from their husb<strong>and</strong>s or at least felt moreequal to them (287); <strong>and</strong> finally, they felt that they could take legal actionagainst a husb<strong>and</strong> if he tried to sell the house unilaterally (289). While theexperience of women in squatter settlement in urban India is not exactly thesame as in Colombo, there are the parallels − a lack of control over assets,no access to collateral, indebtedness, <strong>and</strong> ab<strong>and</strong>onment. While Datta admitsthat intra-household equality might have not been completely achieved withthis initiative <strong>and</strong> that husb<strong>and</strong>s might harass or otherwise coerce their wivesto sign a deed in order to sell a house, her study provides some evidencethat women in poor urban communities can benefit from joint propertyownership.Women in Sri Lanka have the right to hold <strong>and</strong> dispose of property. A recentpublication points out, “each family unit has its own unique way of distributingfamily responsibilities <strong>and</strong> this should be taken into account” (COHRE 2006:3), which is why houses are sometimes written only in the wife’s name. OtherSri Lankan scholars have shown that women play such an important role inhousehold reproduction strategies that the idea that a man/husb<strong>and</strong> is the‘sole authority’ in a household is a misnomer (Ruwanpura 2006; Kottegoda2004; Goonesekera 1990). Yet, it is st<strong>and</strong>ard administrative practice toconsider the man as the authority figure <strong>and</strong> subsequently deem him the‘head of household’ through which legal <strong>and</strong> financial goods <strong>and</strong> services arechannelled. Thus, his name is placed on the list or the title is written only inhis name. In order to secure more rights for women in general <strong>and</strong> for goods<strong>and</strong> services in particular, ‘head of household’ as a concept needs to berejected. Yet, due to policy biases <strong>and</strong> the attitude of government officials thisrejection alone might not be enough.Sri Lanka’s house-to-house tsunami policy is complicated by the nature ofwhat constitutes a legal family. The house-to-house policy is not a house perfamily policy which is why some persons living in joint family situations188

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