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421. 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

422. 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

423. 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

424. 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

425. 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

426. 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

427. The Inscription of Technology in Life

Author:
Rajshree Chandra
Publication Date:
05-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
With innovation in the genetic engineering now being rewarded in the form of intellectual property rights, there are new things that are beginning to count as property and as objects of human invention – plant varieties, seeds, germplasm, genetic sequences, DNA and so on. To bring the realm of “biology” within the ambit of intellectual property, to juridify aspects of the biological as products of human invention is to bring new epistemic objects into visibility. While these are revealed through practices of biotechnology, law translates it into a capacity for monopolistic appropriation for biotech innovators. The new correlatives of innovation and intellectual property re-engineer not just the biology of an organism, but the very categories that organized property and intellectual property. What instrumentalities of technology and law co-produce biotic property? I examine these instrumentalities in a two paper series: while the first paper seeks to lay out the work of technology in the creation of new biological artefacts, and consequently new economic spaces and property claims, the second paper would seek to examine the role of law in translating inventive claims as property claims.
Topic:
Science and Technology, Intellectual Property/Copyright, and Law
Political Geography:
South Asia, India, and Global Focus

428. Quality and Accountability in Healthcare Delivery: Audit Evidence from Primary Care Providers in India

Author:
Jishnu Das, Alaka Holla, Aakash Mohpal, and Karthik Muralidharan
Publication Date:
02-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
We present among the first direct evidence on the quality of healthcare in low-income settings using a unique and original set of audit studies, where standardized patients were presented to a nearly-representative sample of rural public and private primary care providers in the Indian state of Madhya Pradesh. We report three main findings. First, private providers are mostly unqualified but spent more time with patients, and completed more items on a checklist of essential history and examination items than public providers, while being no different in their diagnostic and treatment accuracy. Second, we identify the private practices of qualified public sector doctors, and show that the same doctors exert higher effort and are more likely to provide correct treatment in their private practices. Third, we find a strong positive correlation between provider effort and prices charged in the private sector, whereas we find no correlation between effort and wages in the public sector. Our results suggest that market-based accountability in the unregulated private sector may be providing better incentives for provider effort than administrative accountability in the public sector in this setting. While the overall quality of care is low in both the public and private sectors, these differences in provider effort may partly explain the dominant market share of fee-charging private providers even in the presence of a system of free public healthcare.
Topic:
Government, Health, Privatization, Health Care Policy, Social Policy, and Rural
Political Geography:
South Asia, India, and Asia

429. India’s Sustainable Development Led Approach to Climate Mitigation for Paris

Author:
Navroz K. Dubash
Publication Date:
08-2015
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
What should India put forward as the mitigation component of its climate contribution? India has dual interests in climate negotiations: safeguarding adequate energy for development, and promoting an effective international agreement to limit its climate vulnerability. To balance these interests, India should pledge well-developed sector-specific actions that maximize synergies across development and climate outcomes. This approach will avoid lock-in to a high carbon growth path while enhancing development. Sectoral actions could include an additional component conditional on availability of international climate finance. In addition, an updated emissions intensity target would serve as a useful complement to sectorally focused action.
Topic:
Climate Change, Development, Energy Policy, and Treaties and Agreements
Political Geography:
South Asia, India, and Global Focus

430. Physician Shortages in the Indian Public Sector

Author:
Anjali Chikersal
Publication Date:
06-2015
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
India is one of the few countries that has been estimated to have a “critical” shortage of health workers and therefore unlikely to be able to provide essential health interventions to its people (WHO 2006). The dire impacts of these shortages are evident from the fact that it has fallen short of meeting its MDG goals on several fronts. As the current discourse on Universal Health Care debates the means of expanding coverage to all citizens, the one aspect universally agreed upon is the persistent challenge that a shortage of health workforce in the public sector poses, and the pressing need to address this gap. This policy brief outlines the core issues at the root of the problem and examines the reasons for the severe shortages in the key element of this workforce, the physicians, in the Indian public sector. It then provides an overview of WHO’s Global Policy Recommendations to address this challenge and looks at the strategies that various Indian states have so far adopted. Finally, it offers a set of practical and goal oriented recommendations aimed at directly and urgently addressing the challenge in the Indian context.
Topic:
Health, Governance, Health Care Policy, Public Policy, and Public Sector
Political Geography:
South Asia and India