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51. Mapping Dilutions in a Central Law

Author:
Kanchi Kohli and Debayan Gupta
Publication Date:
09-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Even as the Joint Parliamentary Committee’s report on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) is awaited, several states have already brought about changes that severely compromise the scope of clauses related to consent, Social Impact Assessment (SIA), food security and higher compensations. These changes also restrict the applicability of the 2013 law at state level. States have executed these changes through Rules under Section 109 of the Act, or have enacted their own state level land acquisition legislations using Article 254(2) of the Constitution of India. States, which have exercised the latter option, have managed to override the provisions of the central law. In the present case this has meant doing away with the provisions of consent and Social Impact Assessment. This paper traces how, and to what extent, the provisions of the central law have been diluted by the states.
Topic:
Security, Constitution, Land Law, and Legislation
Political Geography:
South Asia, India, and Asia

52. Comments on Draft National Energy Policy

Author:
Navroz K. Dubash, Partha Mukhopadhyay, Radhika Khosla, Shibani Ghosh, Ankit Bhardwaj, and Swetha Sridhar
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Draft National Energy Policy released by the Niti Aayog in June 2017 was a roadmap describing the priorities of the government with regards to India's energy future and a critical reference document for all actors working in this field. This working paper reflects the result of internal deliberations, aimed at understanding and reflecting on the draft NEP, with the aim of constructive feedback to NITI Aayog.
Topic:
Energy Policy, Environment, Government, Finance, and Legislation
Political Geography:
South Asia, India, and Asia

53. From Prior to Post: Legalising environmental violations?

Author:
Krithika A. Dinesh and Kanchi Kohli
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Between March 15 2017 and June 15 2017, 207 projects that violated the Environment Impact Assessment (EIA) Notification applied for an environmental clearance. These applications have come as a result of a notification that the Environment Ministry had passed on March 14th 2017 which gives an opportunity to projects that have violated conditions of the EIA Notification to apply for a clearance within a period of six months, ie by September 15. This notification was passed despite much criticism of the draft notification that was issued on 10 May 2016. The CPR-Namati Environmental Justice Program has analysed these applications to see what are the kind of geographical and sectorial spread of these violations and whether there are any trends emerging out of the applications that have come in till June 15. The Environment Ministry has already started looking at the applications through a Committee that has been set up for this. This Committee is headed by Dr SR Wate and had its first meeting on 22 June 2017. The Committee in its first meeting has examined ten applications. Out of these ten applications, the committee has already recommended seven for grant for a Terms of Reference subject to conditions. This working paper would be updated with the analysis of the applications that are coming in as well as the progress of these applications.
Topic:
Environment, Government, Natural Resources, Courts, and Legislation
Political Geography:
South Asia, India, and Asia

54. Gender and Urban Sanitation Inequalities in Everyday Lives

Author:
Susan Esme Chaplin
Publication Date:
06-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Even though sanitation was established as a separate human right by the United Nations General Assembly in January 2016, there has an been overall failure to reduce by half the proportion of the global population without access to basic sanitation (Millennium Development Goal 7, Target C). The Sustainable Development Goals have targets of gender equality, and the sustainable and universal provision of sanitation. Hopefully this will mean increased attention being given to the interests and well-being of poor women and girls living in slums and informal settlements who still lack access to adequate sanitation. The sanitation needs of women and girls are different from those of men and boys because of the former’s requirements of personal safety, dignity and menstrual hygiene; there is also the issue of the disproportionate burden of unpaid labour in managing household sanitary needs. These inequalities in urban sanitation access have a great impact on the health, well-being and socio-economic status of women and girls. These inequalities continue to exist despite efforts to make the needs of poor urban women and girls an integral part of sanitation policies and project planning, implementation, monitoring and evaluation. Despite the emphasis of low-income countries on gender inequalities and sanitation in their development goals, programmes and projects, there is still only a limited number of qualitative and quantitative evidence-based research articles available focusing on gender and sanitation continue to be available. This number further decreases when it comes to gender and urban sanitation in the Global South. The grey literature is more numerous, particularly that commissioned by international development agencies and non-government organisations. Missing from much of this evidence-based and grey literature are studies on the broader social, economic and environmental impacts on poor women and girls of daily life without access to adequate and safe sanitation. This means that there is very little evidence-based literature which examines how these inequalities in sanitation access affect the lives of poor women and girls who have to queue each morning to use public toilets, or decide which open defecation (OD) sites are the least dangerous to use. Also missing are studies on the socio-economic, health and well-being impacts on and coping strategies of women working in the informal sector, poor women and girls with a disability, elderly women, adolescent girls and homeless women or those living on the pavements, who all lack access to adequate and safe sanitation facilities. These sanitation inequalities are exemplified by the time poor women and girls have to spend each morning queueing to use the toilet or getting up earlier to go with other women to OD sites. The necessity for such actions furthers gender inequalities because it puts at risk the time women have available for paid employment and other household responsibilities. Truelove (2011, p. 148) has argued that this ‘curtailment of opportunities (from income to education) due to water and sanitation activities reinforces a further level of physical insecurity and emotional violence, as some women become locked in a feedback cycle that brings them into distinct spaces and networks in order to access water and sanitation’. Women and girls living in slums often report instances of gender-based violence, shame and loss of dignity when walking along badly lit narrow paths to poorly designed and maintained community toilets or places of OD (Bapat & Agarwal 2003, Lennon 2011, McFarlane 2015, SHARE 2015 and Amnesty International 2010a). Phadke, Khan & Ranade (2011, p. 85), in a study of women and risk in Mumbai, have suggested that ‘[what] the lack of public toilets says is that women are less equal citizens than men and don’t deserve the same consideration’ in the design of urban spaces and the provision of urban infrastructures such as sanitation facilities. These gender inequalities continue to exist despite the use of the concept of ‘gender mainstreaming’ in water and sanitation projects since the mid-1990s, which was designed to make the needs of women and girls an integral part of sanitation policies and project planning, implementation, monitoring and evaluation. Instead, gender has become a term that is widely used in project documents and organisational policy documents ‘but is little theorised and ill-defined in most projects and supporting policy documents’ (O‘Reilly 2010, p. 49). Gender, according to the Water and Sanitation Program (2010, p. 9): is a concept that refers to socially constructed roles, behaviour, activities and attributes that a particular society considers appropriate and ascribes to men and women. These distinct roles and the relations between them may give rise to gender inequalities where one group is systematically favoured and holds advantages over another. Inequality in the position of men and women can and has worked against societies.
Topic:
Gender Issues, Water, Urbanization, Women, Inequality, and Sanitation
Political Geography:
South Asia, India, and Asia

55. Becoming Homeless, Surviving Homelessness: The lives of six working homeless men in Yamuna Pushta, Delhi

Author:
Ashwin Parulkar
Publication Date:
04-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
This working paper from CPR’s and TISS' Understanding Metropolitan Homelessness project tells stories of six migrant homeless men from Uttar Pradesh and Nagaland who live, for various durations, in shelters along the western bank of the Yamuna river in North Delhi, locally referred to as ‘Yamuna Pushta’. Through tracing their journeys from villages and towns to Delhi’s streets, the paper explores how these men became homeless and how they survive homelessness in Delhi. This project, which is funded by ICSSR and is being conducted by CPR and TISS is led by Partha Mukhopadhyay and Ashwin Parulkar at CPR and Tarique Mohammed at TISS. A key objective of the project in general, and this paper in particular, is to better understand the structural causes of homelessness (e.g. poverty, unemployment) and how these are interlinked – through capturing the lived experiences of the homeless in their voice. This research aims to inform successful policy and implementation responses to address the current ineffectiveness of outreach efforts to homeless people in Delhi, despite interventions by the Supreme Court and support schemes designed by the government. The six stories in the paper uncover conditions, and combinations, of extreme poverty and physical abuse experienced by these men in their native places before they left home. It traces how they secure jobs, and survive, in daily wage, informal economies without housing, as well as access social services like shelter, health and drug de-addiction programs to endure the streets of Delhi. According to a 2010 United Nations Development Programme (UNDP) survey, 87% of nearly 55,955 homeless adults worked jobs in the informal economy, entailing ‘the most rigorous activities which are essential for movement and building in the city.’ This paper describes in detail the varied experiences these six men have in such jobs that they find through contractors in informal labour ‘markets’ (mandis); as cooks and servers in small eateries (dhabas), and as wedding catering party workers. Through their trajectories, Parulkar also explores differences between working homeless men who return home to support families and those who have no ties with their native places and live on the streets indefinitely. For a sense of how these men became homeless and the work conditions they experience while homeless, listen to audio samples of interviews (above) conducted during field research.
Topic:
Migration, Poverty, Social Policy, Unemployment, and Homelessness
Political Geography:
South Asia, India, and Asia

56. Horizontal and Vertical Inequalities Explaining Disparities in Access to Urban Sanitation

Author:
Aditya Bhol
Publication Date:
04-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Burgeoning urbanisation coupled with policy implementation gaps have resulted in growing disparities in the provision of public infrastructure services in urban areas of India. Apart from the impact of this, a household’s ability to procure basic amenities is also subject to its economic and social condition and the prevalence of social or spatial inequalities. This paper considers a basic household amenity – toilets – and using survey data gauges a household’s likelihood of owning one based on economic and social conditions and infrastructural parameters such as water supply and drainage using a binary multivariate logistic regression model. Horizontal or social group-based inequalities, which are often neglected in the sanitation discourse in India, are found to have a significant impact on access to toilets along with the existence of disparities based on consumption expenditure and drainage. The findings ascertain the existence of multidimensional disparities at the state level, refuting centralised programmes adopted to meet Sustainable Development Goals.
Topic:
Infrastructure, Urbanization, Inequality, Sustainable Development Goals, and Sanitation
Political Geography:
South Asia, India, and Asia

57. Out of school children in India: Some insights on what we know and what we don't

Author:
Kiran Bhatty, Radhika Saraf, and Vrinda Gupta
Publication Date:
03-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The focus of the study, and the analysis in this paper, is on the issue of student attendance, in order to capture its extent – both continuous and sporadic - as well as to highlight its relevance in the larger meaning of an “out-of-school child”. The analysis is focused on possible household and school factors that can explain the variation in attendance across social groups and gender as well as across school type. In other words, this paper is an attempt to i) provide a more accurate estimate of OOSC using both household and school level data on children as well as an expanded definition of dropped out by including sporadic attendance data; ii) document the variation in attendance patterns by social groups and iii) unpack reasons for low attendance based on a set of household and school level factors. Accordingly, after describing the research and data collection, the paper is divided into two parts: Part I describes the survey findings and estimates of OOSC and attendance patterns of students and teachers. Part II provides an analysis of the links between child attendance and various household and school level factors.
Topic:
Education, Infrastructure, Children, and Child Poverty
Political Geography:
South Asia, India, and Asia

58. The Learning Generation: India’s Education Policy and Its Development Over Time

Author:
Kiran Bhatty and Ambrish Dongre
Publication Date:
01-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Even as the reach of education has expanded enormously in India in the last few decades, it has been accompanied by differential access and the continuing spectre of inequalities. This inequality could take various forms but the extent to which opportunities, access, and outcome are distributed across different sections of the population, broadly describes a measure of the inequality that exists. There are different causes of inequality in education – the most common being the consequence of inequality in income, wages and living standards. But, in addition, social parameters also affect access to education. While some of these, such as caste, tribe and religious minority affiliation, might have bases in economics as well, others such as gender run across economic and social categories. Needless to say, girls from lower caste or tribal communities, thus suffer the burden of multiple disadvantages. While outcomes have dominated the discourse on education in recent years, in order to understand inequality more comprehensively, it is important to move beyond measuring inequality as the difference in the final outcomes and encompass the differences in equality of opportunity as well. The latter approach pays greater attention to the wider social, political and economic circumstances, which hinder individuals from accessing and competing at the same level. Various sets of contingencies affect the real opportunities people have, generating variations in the process of converting economic resources or social contexts into educational achievements. This approach follows the shift in twentieth century thought on inequality and justice, which made a distinction between “outcomes” (i.e., utility and welfare) and “opportunities” (i.e., primary goods; capabilities etc.). 2 The main arguments in this system of thought are that the process of acquiring outcomes must also be considered in determining justice (Dworkin, 1981) and that the process is dependent not only on initial endowments but on individual agency as well. This shift from a utilitarian approach, which focused on equality of outcomes to one that highlighted equality of opportunity as the basis for social justice marked a major shift in the philosophical traditions surrounding social policy. Not only did it give primacy to the “original position” (Rawls, 1971) it brought in the idea of individual responsibility, which had been the major criticism of anti-egalitarian thought. However, in recognizing the extent to which individuals are responsible for the outcomes they enjoy allowance must be made for the fact that outcomes may also be determined by factors beyond individual control. This is especially so for children, where inequalities experienced by them are predominantly due to their circumstance, and thus mostly beyond the pale of their agency. Primary and secondary education, for instance, take place when the person is still, arguably, below the age of consent, that is, the age at which children could be held at least partially responsible for the various choices they make (Paes de Barros et al 2009, Reomer 1998). In other words, the contribution of this tradition is to suggest that a just society could be achieved through ensuring equality of opportunity by providing “primary goods” (Rawls, 1971) or a set of “capabilities” (Sen, 1980) that would enable every citizen to achieve his/her life plan. Following this approach, we examine the broad trends in education in India to unpack the implications for social policy with respect to the objective of equality of opportunity.
Topic:
Development, Education, Infrastructure, Inequality, and Social Policy
Political Geography:
South Asia, India, and Asia

59. Plugging In: A Collection of Insights on Electricity Use in Indian Homes

Author:
Radhika Khosla and Aditya Chunekar
Publication Date:
12-2017
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Electricity use in Indian homes – from lights, ceiling fans, televisions, refrigerators, among other appliances – has increased 50 times between today and 1971, even though India’s per capita residential electricity consumption is less than a third of the world average. Residential electricity now outpaces growth in industrial, commercial and agriculture sectors. This striking statistic is on the increase, as India moves towards one of the largest urban transitions in history in the coming decades. What is the implication of this transition for household electricity use, as the urban population grows and income levels rise? What do we know about how electricity is currently used in homes across the country? And what drives our dramatically changing consumption patterns?These questions form the basis of a series on residential electricity consumption, jointly authored by the Centre for Policy Research, New Delhi and the Prayas (Energy Group), Pune. The collected insights that formed the series are compiled in this document.
Topic:
Demographics, Energy Policy, Urbanization, and Electricity
Political Geography:
South Asia, India, and Asia

60. Paralegals for Environmental Justice (Version 2.0)

Author:
CPR-Namati Environmental Justice Program
Publication Date:
12-2017
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Large parts of the world, irrespective of their level of economic development, are at the cusp of severe environmental crises. In these regions, the operations of extractive projects such as large scale plantations, mining and industrial development have negated or worsened the economic, social and physical well-being of communities in their neighbourhoods and beyond. Their robust national and regional laws and institutions for the protection and governance of the environment and natural resources have remained on paper and the non-compliance by governments and corporations has had profound effects on community livelihoods, health, access to land and quality of life. CPR-Namati's Practice Guide for Environment Justice Paralegals is a step in the direction of closing this environmental enforcement gap. The guide provides a methodology for community mobilisers, activists and citizens groups to shift their attention from stating the problem to getting grievances addressed by environmental institutions. The guide is based on four years of work done by the paralegals of CPR-Namati Environment Justice Program to assist affected communities file complaints and seek remedies in over 150 cases of non-compliance in India. We hope that this guide will help local organisations and community groups to address environmental conflicts and seek useful remedies for affected people.
Topic:
Development, Environment, Law, and Justice
Political Geography:
South Asia, India, and Asia