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141. How Effective are Environmental Regulations to Address Impacts of Industrial and Infrastructure Projects in India

Author:
Krithika A. Dinesh, Meenakshi Kapoor, Kanchi Kohli, Manju Menon, and Preeti Venkatram
Publication Date:
11-2016
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
People around the world live in areas that have been altered for industrial, infrastructure or mining projects. Their lives and occupations are being negatively impacted by problems of access, encroachment or pollution. Though governments in many countries have regulatory procedures for implementing environmental and social safeguards that are applicable to such projects so that problems can be minimised or mitigated, the qualitative difference of such regulatory systems depends on the efficacy of their compliance safeguards. Typically, in countries where compliance is low, projects meant for development have also resulted in substantial environmental and social costs. Governments and investors fear the implementation of environmental policies and claim that these are bottlenecks or speed breakers to growth. Several new studies show that stringent compliance of environmental policies will neither affect competitiveness nor slow down GDP growth. On the contrary, it may result in bottom line benefits at the level of projects as well as sustain economic growth by enhancing efficiency and innovation. India promulgated a series of environmental legislations between 1980 and 2005 to ensure that environmental and social impacts of land use change, infrastructure development and industrialisation are kept in check and timely mitigation is undertaken. The laws establish detailed procedures for assessing the environmental impacts of the proposed projects that are likely to cause land use change. The laws also involve the laying of conditions that are attached to the approvals granted to these projects. These conditions are meant to mitigate or prevent damage or impacts to the extent ascertained by the project proponents and the government or regulator. Since the time these laws were first designed, there have been numerous amendments to them to change the scope of applicability of these laws, the time taken by regulators for decision-making and the sharing of responsibility between state and central governments in implementing these laws. However, one aspect of these laws that has seen minimal change is in their monitoring and compliance regimes. What happens to the projects once they are granted approvals? Do they comply with all the conditions imposed on them for mitigating or minimising environmental and social impacts? Who oversees these processes and what is the extent to which compliance is achieved? This report is the outcome of a research project undertaken to understand the efficacy of conditional compliance, institutional monitoring and enforcement of environmental regulations to address the impacts faced by communities living around industrial and infrastructure projects. The project identified the institutions responsible for monitoring and compliance under various environmental laws, their procedures and practices by which these roles are realised. While it has been known that government agencies and regulatory bodies hold the formal duties of monitoring, the project also focused on how affected communities engage these institutions for greater compliance and remedies in case of environmental and social impacts of various kinds, such as encroachment or damage to common or private property, loss of livelihoods and loss of access to public spaces. By analysing the efforts made by affected parties to engage with environmental institutions to craft remedies for existing environmental impacts, this research aims to highlight regulatory ingredients that are necessary for sound environment regulation and better outcomes through compliance. If translated into concrete policy on environmental monitoring and compliance, these lessons could address the chasm between enforcement of environmental regulations and the ever-growing difficulties of meeting environmental challenges.
Topic:
Environment, Industrial Policy, Natural Resources, Infrastructure, and Legislation
Political Geography:
South Asia, India, and Asia

142. Schizophrenic Subregionalism? Method and Madness in India’s Border Fencing Project

Author:
Nimmi Kurian
Publication Date:
04-2016
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
A problematic set of binaries stands at the heart of India’s narrative on borders, one that has rendered its political signaling contradictory as well as virtually unintelligible. India’s border fencing project is a stark metaphor of this conflicted discourse, perching uneasily as it were between the feel-good narrative of rethinking borders as bridges on the one hand and an almost pathological fear of open borders on the other. This binary is what characterises India’s schizophrenic subregionalism, a discourse virtually in morbid fear of itself. The paper argues that this twisted logic runs the risk of turning against itself to subvert India’s subregional project itself. Its political fate is also critically linked to the larger question of how India perceives its role in the region and the extent to which it prioritises subregional integration as a regional public good.
Topic:
International Relations, Border Control, Regional Integration, and Borders
Political Geography:
South Asia, India, and Asia

143. Urban Sanitation in India – Why Brazil Matters

Author:
Anjali Chikersal and Aditya Bhol
Publication Date:
01-2016
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Since the launch of the Swachh Bharat Mission in October 2014, sanitation issues in India are receiving immense attention from policymakers, media and civil society alike. The sector however received enormous funds even before this scheme with little positive results. This paper argues that the translation of the current hype into the right policies and practical schemes for amelioration of the poor conditions depends upon a complete rethinking of the entire approach to the issue. Brazil has gone through a series of transformations in the sector that provide a useful lens to India to examine the issue with. It will need similar radical changes, starting from recognition of sanitation as a basic human right to effective regulation, for India to begin to address this massive challenge.
Topic:
Human Rights, Infrastructure, Regulation, Social Policy, Urban, and Sanitation
Political Geography:
South Asia, India, Brazil, and South America

144. Flows and Flaws: Diverting the Debate on Water with China

Author:
Nimmi Kurian
Publication Date:
01-2016
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
China’s growing water thirst lends an urgency to understand China’s resource choices, the possible conditions under which it is likely to exercise these choices and the ripple effects these are likely to have across the borders. While overinterpretation and hysteria has tended to take the place of informed scholarship and media, India’s official narrative has largely tended to downplay many of these concerns. The paper argues that the debate has also unwittingly ended up being a single-issue debate fixated on water diversion, in the process inadvertently diverting attention away from other equally important issues. Can we frame the water debate with China in ways that can create institutional entry points for a whole set of missing issues that are currently invisible to the mainstream policy and research gaze? India and China’s willingness to begin a subregional conversation on regional public goods could pave the way to designing norms of benefit sharing, negotiating trade-offs, and allocating risks and burdens on collective goods and bads in the region.
Topic:
International Relations, Regional Cooperation, Natural Resources, Water, and Negotiation
Political Geography:
China, South Asia, India, and Asia

145. Reforming the Liability Regime for Air Pollution in India

Author:
Shibani Ghosh
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The recent uproar about the toxic levels of pollution in the country’s national capital region has once again brought to fore the failure of the regulatory and legal mechanisms in India to control air pollution. Despite an early legislative acknowledgment of the issues relating to air pollution, and regulatory mechanisms set up consequently, India has not been able to restrict the sharp upward trajectory of air pollution. While several issues with regard to the legal and regulatory regime governing air quality in the country deserve serious and urgent consideration, this paper focuses on one issue in particular – the liability regime for violation of air quality standards. The paper is divided into three parts. The first part discusses the relevant provisions of the law pertaining to liability - civil and criminal - for causing air pollution. The second part identifies three critical issues that have emerged in the current liability regime: (1) the Pollution Control Boards do not have the power to levy penalties; (2) criminal prosecution is not an effective solution; and (3) the National Green Tribunal Act does not provide complete relief. The third and final part of the essay proposes a way forward. It is suggested that the Pollution Control Boards need to be granted additional enforcement powers, and administrative fines for violations should be introduced, albeit with certain conditions.
Topic:
Environment, Health, Governance, Law Enforcement, Law, Reform, and Pollution
Political Geography:
South Asia, India, and Asia

146. Channelling household savings to productive uses through the capital markets

Author:
Geetima Das Krishna, Vardhana Pawaskar, and Ankit Bhardwaj
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Savings provides the means for investments. Typically, investments are primarily funded through domestic savings and the rest through foreign capital inflows. Domestic savings are from three sources -- households, private and public sector. Household savings form the largest part of total savings. As domestic savings contributes the most to capital formation, it can also be a limiting factor to investments. The paper deals with changing pattern of Household savings, its shift away from capital (financial) markets towards unproductive assets like gold and possibilities of channelization household savings to investment rather than speculative assets. The paper looks at the current policy incentives in terms of tax to boost capital market investment and whether it has served the purpose of long term capital formation. The current savings environment indicates a high proportion being in physical rather than financial assets. Within financial assets derivatives are preferred over the cash equity. We propose that an investment of incentive structure should support a pyramid where the small investors would hold maximum in the less risky assets and reduce the holdings as they move towards risky assets. Our paper is organized as, section (2) studies trends in current macro-economic scenario in terms of the savings; section (3), deals with, the capital formation and share of capital markets in terms of raising new capital. In section (4), we look at the current investment pattern in Indian capital markets and the incentives provides to boost trading in the equity and derivative products. Section (5) we give our proposal on the layered approach to investment architecture. Finally, section (6) concludes the paper.
Topic:
Finance, Economy, Capital Flows, and Investment
Political Geography:
South Asia, India, and Asia

147. How Will Bihar Shake Out?

Author:
Neelanjan Sircar, Bhanu Joshi, and Ashish Ranjan
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The exit polls are out in Bihar, and we are none the wiser. It is seemingly a photo finish between the Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA) and the Janata Dal United [JD(U)]-Rashtriya Janata Dal (RJD)-Congress Grand Alliance. The Bihar election is ending as it began, full of theatre and intrigue. We can only guess how it ends. We were making our way to East Champaran; we didn’t realise Narendra Modi’s rally would be in Gopalganj district that day. The rally was over, but traffic had stopped moving 2 km from the rally site; we would be stuck at the same spot for the next few hours. Nowhere else to go, we got out of the car and started chatting with rally-goers. An exuberant BJP supporter exclaimed, “We have 8-10 lakh people today!” This was clearly an overestimate, but the crowd was bigger than we had seen elsewhere. We stopped in at a roadside stand where 4-5 men were being served their thalis and asked from where they had come to attend the rally. “Dewaria,” responded one man (Dewaria is in Uttar Pradesh (UP), not Bihar). He went on, “None of us are from Bihar. People are coming from Gorakhpur, Kushinagar, Allahabad. The Party gives us enough money to eat lunch as well.” The Muslim shopkeeper who was cooking for them, the only person there who would actually be voting in Bihar, was clearly supporting the Grand Alliance, but he was happy for the extra money generated from the rally. The real reason for the traffic bottleneck then became clear. The road had narrowed to a single lane. While we headed further into Bihar, bus after bus, each with a “UP” license plate, was headed the other way. We analysts often mistakenly use rallies to gauge the hawa for a party. But, ultimately, rallies are about theatre and spectacle, while elections are won on the strength of the ground-level campaign. Privately, a section of BJP workers have been telling us that they can now see the NDA losing in this election, not something we heard in the first couple of weeks of the campaign. In our previous piece, using available data, we argued that the NDA would have to do very well in the third and fourth phases of this five-phase election if it is to win, something that even BJP leaders have now said publicly. Given that the NDA was well ahead in 2014, the NDA might still pull off this victory. It is clear, however, that the Grand Alliance has run a stronger ground campaign than the NDA, and that the campaign has had a major impact on changing voters’ minds. The NDA now seems unlikely to get near the 172 assembly constituency (AC) segments it won in 2014. In the remainder of this piece, we assess the structure of the Grand Alliance, how it shaped the campaign, as well as how the campaigns, for both NDA and the Grand Alliance, conducted themselves during this election.
Topic:
Government, Politics, and Elections
Political Geography:
South Asia, India, and Asia

148. Elaborating in the INDC context

Author:
Neha B. Joseph
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Several countries have embarked on nationwide processes to devise their ‘contributions’ towards a new global climate agreement set to be adopted at Paris in 2015. Sixty-two countries have already communicated their contributions to the UNFCCC, in pledges covering around 62.9% of global emissions in 2012. These contributions, formally known as ‘intended nationally determined contributions’ (INDCs) are expected to be the bedrock of post 2020 climate action and the building blocks of the 2015 climate deal, that is currently being negotiated by Parties. This paper discusses the emergence of this concept and outlines some of the legal and technical aspects of a contribution and their implications on ambition, adequacy and political feasibility. Section 3 analyses pledges in the submitted INDCs, with a special focus on G20 countries. The term ‘INDC’ first emerged in 2013 at the Warsaw negotiations of the Conference of Parties (COP) in a decision inviting Parties “to initiate or intensify domestic preparationsfor their intended nationally determined contributions….. and to communicate them well in advance of the twenty-first session of the Conference of the Parties (by the first quarter of 2015 by those Parties ready to do so)” For developed countries, INDCs will replace their Kyoto Protocol commitments; for developing countries, Nationally Appropriate Mitigation Actions (NAMAs) will continue to be in force as implementation tools supporting the mitigation component of their INDCs. Over the past year, countries have been negotiating to iron out differences on issues like differentiation, legal nature, scope, form and review of contributions with varying levels of success on each front.
Topic:
Climate Change, Diplomacy, Environment, International Cooperation, Treaties and Agreements, and Legislation
Political Geography:
South Asia, India, Asia, and Global Focus

149. Exclusion, Informality, and Predation in the Cities of Delhi

Author:
Cities of Delhi Team
Publication Date:
08-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Delhi is India’s richest city and as the capital of the nation has long enjoyed favourable treatment from the Centre. As the home to the country’s national bureaucracies, it also benefits from a large base of secure, well-paid, government jobs. Over the last decade the city has grown at an average real rate of 10 percent, and has benefitted from a dramatic increase in large-scale infrastructure development. Yet, despite these advantages, Delhi is a deeply divided city marked by layers of social exclusion. In the modern imaginary, the city represents the promise of freedom and opportunity. It marks a social space that is less constrained by traditional identities and one in which greater social interaction and density support economic dynamism. If development must, as Amartya Sen has so influentially argued, be based on strengthening basic capabilities, then the city can surely be a privileged site of capability-enhancement. Indeed, the migrants who flood the city often come in search of better livelihoods, education, health, and basic services. But as any resident of Delhi knows, the quality of such services varies dramatically across neighbourhoods, and the part of the city one lives in significantly impacts one’s ability to take full advantage of what the city has to offer. The Cities of Delhi (CoD) project starts with the simple recognition that India’s capital is marked by different settlement types, defined by diverse degrees of formality, legality, and tenure, which taken together produce a highly differentiated pattern of access to basic services. This report provides an overview of the findings from CoD. It builds directly on the place, process, and institution reports available at citiesofdelhi.cprindia.org, but in no way substitutes for these reports, all of which stand on their own as original empirical contributions. This overview is instead a synthesis, an effort to tie together the findings from the reports, to paint a broad picture of patterns of unequal access to basic services in the city and to provide an analysis of how these patterns of inequality are linked to structures and practices of governance.
Topic:
Development, Urbanization, Inequality, Economy, and Capital Flows
Political Geography:
South Asia, India, and Asia

150. The Institutionalisation of Climate Policy in India: Designing a Development-Focused, Co-Benefits Based Approach

Author:
Navroz K. Dubash and Neha B. Joseph
Publication Date:
05-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
While there is growing attention to climate policy, effective coordination, design and implementation of policy require attention to institutional design for climate governance. This paper examines the case of India, organized around three periods: pre-2007; 2007–2009 and 2010-mid-2014, providing institutional charts for each. Several key themes emerge. First, the formation of climate institutions have frequently been driven by international negotiations, even while filtered through domestic context. Second, once established, institutions tend not to be stable or long-lasting. Third, while various efforts at knowledge generation have been attempted, they do not add up to a mechanism for sustained and consistent strategic thinking on climate change. Fourth, coordination across government has been uneven and episodic, reaching a high point with a specialised envoy in the Prime Minister’s Office. Fifth, the overall capacity within government, in terms of specialised skills and sheer numbers of personnel remains limited. Sixth, capacity shortfalls are exacerbated by closed structures of governance that only partially draw on external expertise. Seventh, institutional structures are not explicitly designed to enable India’s stated objective of climate policy in the context of development, which implies specific attention to co-benefits and mainstreaming.
Topic:
Climate Change, Environment, Government, Policy Implementation, and Institutions
Political Geography:
South Asia, India, and Asia