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101. Using Law to Combat Water Pollution

Author:
CPR-Namati Environmental Justice Program
Publication Date:
03-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Contamination of surface water sources due to the discharge of polluting substances has been a long standing problem in most parts of the country. In 1974, a legislation was specifically enacted to regulate and prohibit water pollution. The Water (Prevention and Control of Pollution) Act, 1974 established Pollution Control Boards at the Central and State levels and bestowed them with powers to prevent and control water pollution. Aside from the Water Act, there are also other laws which can be used to remediate water pollution. These include, environmental clearance conditions under the Environmental Impact Assessment Notification, 2006, public nuisance in the Indian Penal Code, 1860 and the licensing process under the Factories Act, 1948. Along with these, there are also certain state level legislations such as the Orissa River Pollution Prevention Act, 1953. How these laws can be used to find administrative remedies to combat water pollution has been put together in the form of two Information, Education and Communication materials by the Centre for Policy Research-Namati Environmental Justice Program, with support from the Duleep Mathai Nature Conservation Trust. The materials aim to give the reader an understanding of: The existing legislations; The kind of permissions which are needed; The various institutions which are available; The way in which evidence can be collected; The manner in which complaints can be framed; The various administrative remedies which are available; The materials focus on the states of Gujarat, Karnataka, Odisha and Chhattisgarh. Translations of the material are also available in Hindi, Gujarati, Kannada, and Odiya.
Topic:
Environment, Water, Legislation, and Pollution
Political Geography:
South Asia, India, and Asia

102. The Legal Regime and Political Economy of Land Rights Of Scheduled Tribes in the Scheduled Areas of India

Author:
Namita Wahi and Ankit Bhatia
Publication Date:
03-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Context: India holds the unique distinction of being both the world's largest constitutional democracy and also one of its fastest growing economies. Critical to the process of India's economic development is state acquisition of land for infrastructure and industrial development. Creating a legal framework that ensures equitable and efficient acquisition of land by the state, through processes that are socially inclusive and politically feasible, has proved challenging. While the Indian Constitution guarantees property rights to all, it enshrines special protections for land rights of ‘Scheduled Tribes’, vis-a-vis the state and other communities, in geographically demarcated tribal majority areas known as ‘Scheduled Areas’ under the Fifth and Sixth Schedules of the Constitution. The currently designated Fifth Scheduled areas are in the states of Andhra Pradesh, Telangana, Gujarat, Jharkhand, Chhattisgarh, Himachal Pradesh, Madhya Pradesh, Maharashtra, Orissa, and Rajasthan. The currently designated Sixth Schedule areas are in the north-eastern states of Assam, Meghalaya, Tripura, and Mizoram. The Scheduled Tribes (STs) or adivasis consist of a number of heterogeneous tribal groups that have historically self-identified and been identified by the British colonial and independent Indian states, as lying outside the mainstream of Hindu society, partly because of their ’distinctive culture and way of life as a group’, and partly because of their ‘geographical isolation’. Currently, there are 750 tribes in 26 states and 6 union territories of India. The Constitution guarantees special protections for land rights of Scheduled Tribes in Scheduled areas because land is not only the most important source of tribal livelihoods, but it is also central to their community identity, history and culture. Many non-Scheduled area states have also created legal protections for protecting land rights of tribals. However, CPR Land Rights Initiative research shows that despite these special protections, Scheduled Tribes remain one of the most vulnerable, most impoverished, and most displaced of all groups in India. 47.1% of all STs in rural areas are below the poverty line as compared to 33.8% for the national average, whereas 28.8% of all STs in urban areas are below the poverty line as compared to 20.9% for the national average. Inspite of being the only group with constitutional protections for their land rights, 9.4 % of STs are landless compared to 7.4% for the national average. While STs constitute only 8.6% of the total population, it is estimated that they constitute 40% of all people who have been displaced during the period 1951 to 1990, some more than once, due to the construction of dams, mines, industrial development, and the creation of wildlife parks and sanctuaries. Only 24.7% of ST population that was displaced during this period was rehabilitated. Therefore, it is clear that these groups have disproportionately borne the burden of economic development. Why is this so? The CPR Land Rights Initiative report on ‘The legal and political economy of land rights of Scheduled Tribes in the Scheduled Areas of India’, offers some preliminary answers to these questions. Through a review of constitutional provisions, laws, and policies, governing the rights of Scheduled Tribes and the administration of Scheduled Areas, and the financial and administrative structures that effectuate these protections, the Report delineates a conflicting regime of protective and displacing laws, as well as conflicting policy narratives underlying these laws which facilitate the displacement of Scheduled Tribes and their corresponding landlessness. The Report also contains extensive primary data on the current mapping of Scheduled areas, and the current distribution of dams, forests, and mining activity, in the Scheduled areas. Key findings: Extent of geographical area, and distribution of forests, dams, and mining activity in Scheduled Areas: The Report establishes for the first time that as much as 13% of India’s geographical area is in the Scheduled Areas. Further, the Report finds that both the concentration of forest cover, and the concentration of dams, is significantly higher in Scheduled area districts (a little over two and a half times) as compared to non-Scheduled area districts. Finally, we find that 90% of all mineral wealth generated in India comes from states that have Scheduled Areas. Fragmented constitutional protections for Scheduled Tribes: The Report concludes that despite the centrality of land to the identity, economy, and culture of the Scheduled Tribes, the constitutional protections for Scheduled Tribes and Scheduled Areas are fragmented and contradictory. The creation of these fragmented protections was in turn a product of two factors. First, even at the time of drafting of the Constitution, many tribal communities were no longer located within the geographically isolated scheduled areas, while many non-tribal communities were resident there, some for several generations. The Constitution makers created safeguards both for tribal people resident in Scheduled areas and those that were residing outside Scheduled Areas, but these fragmented protections failed to fully safeguard the rights of STs. Second, they arose from an inherent contradiction in creating geographically protected areas for Scheduled Tribes, while at the same time imposing no restrictions on the movement of tribals outside those areas, or on the movement of non tribals to those areas. This enabled more dominant non-tribal communities to settle in scheduled areas and in practice displace STs. Special constitutional and legal protections for ST land rights negated by contrary laws: The Report concludes that special constitutional and legal protections for land rights of STs have been diluted by a contrary legal framework comprised of forests, mining, and land acquisition laws. While state land alienation prohibition laws prohibit transfer of land from tribals to non tribals, there is no prohibition on the state acquiring land in Scheduled Areas for its own purposes in the exercise of its power of eminent domain or assertion of its rights over forestland. State led lawfully sanctioned development in the form of dams, mines, industrial development, and wildlife parks and sanctuaries, has historically been the biggest displacer of STs. This is corroborated by data on the intensity of dams and mining activity in the Scheduled Areas as outlined in the Report. Fundamental contradictions between ‘identity based isolation’ and ‘development through integration’ policy narratives of the British and Indian states: The Report finds a fundamental contradiction between two narratives that have characterised the policies of the British colonial state and the independent Indian state. The first narrative, that the Report calls the ‘identity based isolation’ narrative, identifies the tribals as a ‘distinctive group outside mainstream Hindu society’ both in terms of their ‘cultural traits’ and ‘geographical isolation’, and argues that they are keen to preserve their distinctiveness and their isolation. The second narrative called the ‘development through integration’ narrative identifies the tribal way of life as backward, compared to mainstream Indian population and seeks to improve their economic and social indicators to ‘integrate’ or ‘assimilate’ them with the mainstream population. The Report concludes that while both the ‘identity based isolation’ and ‘development through integration’ narratives, characterised the drafting of constitutional protections for STs, post-independence policy making was guided primarily by the latter. STs have however, rejected the ‘development through integration’ narrative as paternalistic and patronising, alleging that it fails to capture their aspirations to ‘develop according to their own genius.’ Meagre financial allocations for ST welfare: Translating policy and legal protections into reality needs financial resources. Even though the Constitution envisages a centralised framework for the administration of tribal areas under the aegis of the President and Governors of states, the responsibility of financing the costs of progressive change increasingly vests with the states. The Report computes significant shortfalls in Planning Commission recommended financial allocations made by both central and state governments in Scheduled area states under the tribal sub plan. Misguided expenditure of allocated funds compounds the problem of shortfall of funds for tribal development.
Topic:
Political Economy, Law, Economies, Constitution, Ethnicity, and Land Rights
Political Geography:
South Asia, India, and Asia

103. Is the BJP in Trouble? Caste, Class, and the Urban-Rural Divide in Gujarat

Author:
Ashish Ranjan and Neelanjan Sircar
Publication Date:
12-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
After 22 years in power, the BJP is feeling the heat this year in Gujarat's election campaign. This paper analyses the reasons for this sudden frustration with the BJP – with a particular focus on caste mobilisation, urban-rural division, and emerging class politics in Gujarat.
Topic:
Politics, Urbanization, Elections, Class, Rural, and Caste
Political Geography:
South Asia, India, and Asia

104. On the importance of triangulating datasets to examine Indians on the move

Author:
S. Chandrasekhar, Mukta Naik, and Shamindra Nath Roy
Publication Date:
11-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Beyond summing up salient migration trends from existing data sources; a new working paper by researchers from Centre for Policy Research and Indira Gandhi Institute for Development Research (IGIDR) builds on a critique of the estimations made by the Economic Survey 2017 to outline fresh ideas for developing leading indicators that will help inform policy. This is particularly needed because even as Indian policymakers are increasingly recognising the linkages between migration, labour markets and economic development, the lack of frequently updated datasets limits our understanding of migration.
Topic:
Development, Migration, Labor Issues, Economy, and Social Policy
Political Geography:
South Asia, India, and Asia

105. 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

106. 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

107. 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

108. 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

109. 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

110. 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