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1. Pursuing a Clean Air Agenda in India During the COVID Crisis

Author:
Santosh Harish and Shibani Ghosh
Publication Date:
07-2020
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Air quality was gradually gaining political salience in India in the last few years, but COVID-19 and the deepening economic recession may now change the speed, and possibly the direction, of progress. The aim of this report is to begin the process, even amidst uncertainties, of understanding the effects of the COVID crisis on the air quality discourse in the country, and on the mitigation efforts already underway. We begin with a brief overview of the air quality improvements observed during the lockdown, and then identify some likely implications of the pandemic on how we frame the air quality problem. In view of state actions and public response during the COVID crisis, how should we, if at all, adapt our current framing of air pollution as a public health crisis? In the next section, we discuss broad financial, regulatory and institutional implications: in particular, the need to engage with the available funding channels to initiate and sustain measures to improve air quality amid significant fiscal constraints. There is a worrying erosion of environmental safeguards, which may – in part – be justified as a prerequisite to restarting the economy, and facilitating “ease of doing business”. Given that air quality management in India needs a multi-pronged approach across disparate sources, we then reflect on how the disruptions affect each of the major sources, and the resultant opportunities and challenges.
Topic:
Environment, Governance, Pollution, Public Health, and COVID-19
Political Geography:
South Asia and India

2. Closing the Enforcement Gap: A community led groundtruthing of the expansion of a National Highway Project in Uttara Kannada

Author:
Centre for Policy Research
Publication Date:
12-2019
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Linear projects like highways have the potential to change existing land use of large areas. These changes are not limited only to the stretches made for transportation of vehicles. The effects of construction are also visible on landscapes on both sides of highways. This study presents the findings of a two-year long groundtruthing study carried out between June 2016 and August 2018 along 187 kilometres of National Highway 66. The study is a collaborative effort of the Centre for Policy Research-Namati Environmental Justice Programme and communities from towns and villages situated between Karwar and Kundapur, especially the 27 Panchayats, in the district of Uttara Kannada in Karnataka. The study presents evidence of non-compliance of environmental safeguards resulting in social, economic and health impacts on the local communities in the project areas. It also highlights several aspects that were not taken into account in the project’s impact assessments. The study includes a broad assessment of the project’s scale of direct impacts. During the course of the study, the following types of non-compliance were identified: Permissions for blasting, groundwater and river water withdrawal were not taken; Dumping soil on wetlands and creeks caused flooding and salt water intrusion; The construction caused soil erosion and landslides along embankments; Non-submission of six-monthly compliance reports by the project proponent; Non-compliance of other laws and compensation agreements; The report includes a case study of a stone crusher unit operating in Bogribail village and causing water and dust pollution.
Topic:
Development, Environment, Infrastructure, Law, Social Policy, and Pollution
Political Geography:
South Asia, India, and Asia

3. Ethnography of Sanitation in Small Towns: A Study of Angul and Dhenkanal, Odisha

Author:
Ranjita Mohanty and Anju Dwivedi
Publication Date:
09-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
In the current sanitation policy discourse, cultural norms of purity and pollution are considered as major obstacles to toilet behaviour leading emphasis on behavioural change to orient people to use toilets. This study conducted in 21 slums in Angul and Dhenkanal, two small towns in Odisha, explores the sociocultural norms, behaviour and practices that influence sanitation in small towns. The study shows that culture doesn’t operate in isolation. Cultural interacts with multiple factors such as physical space in urban areas, resources people have to invest in toilet, essential infrastructure such as water, and cost effective technology that people can access. Culture influences these aspects of sanitation as well as gets influenced by them. The study highlights that people adapt in various degrees to their physical environment, thus compromising on cultural norms and beliefs but there are certain non-negotiable norms that are not compromised. This calls for decoding the cultural determinants of sanitation. The study suggest that for effective governance of sanitation, policies need to take the above mentioned factors into consideration, and create scope for understanding how culture works in a particular context and influences sanitation behaviour, choices, and practices of the poor. The study was conducted by the Centre for Policy Research, New Delhi, under the Scaling City Institutions for India (SCI-FI) Project on Urban Sanitation, supported by the Bill and Melinda Gates Foundation.
Topic:
Social Policy, Ethnography, Urban, Sanitation, and Pollution
Political Geography:
South Asia, India, and Asia

4. Caring for the coast- Building regulatory compliance through community action

Author:
CPR-Namati Environmental Justice Program
Publication Date:
04-2018
Content Type:
Case Study
Institution:
Centre for Policy Research, India
Abstract:
Across the globe, the “development experience” of communities varies depending on their socioeconomic and political backgrounds. As a result of advancing developmental projects, a few communities are invariably made to pay a disproportionate share of the environmental costs in the form of exposure to toxic waste, loss of livelihood, and restrictions on mobility or access to common resources. This injustice, more than often not, is an outcome of active noncompliance and violation of environmental regulations by the projects . The Centre for Policy Research–Namati Environmental Justice Program is an effort towards closing this environment regulation enforcement gap. We have created a network of community-based paralegals, called as enviro-legal coordinators (ELCs), who work with affected communities using an evidence-based legal approach. As a part of this approach, the ELCs combine their understanding of the law, negotiation and mediation skills, and understanding of local contexts to assist affected communities in the use of the law to resolve environmental conflicts. They help the communities to understand relevant laws and environmental regulations and support them in engaging with institutions using these laws for better enforcement of regulatory compliance on the ground. This approach also develops a collaborative space for institutions and citizens to craft practical and sustainable remedies for the impacts that communities experience. This publication is a compendium of a few cases undertaken by the CPR–Namati Program’s ELCs working across the coastal belt in Gujarat and North Karnataka. These case stories capture the process of our work and illustrate the systematic, evidence-based legal approach followed by the ELCs along with the affected coastal community members to resolve conflicts arising from noncompliance or improper implementation of environmental regulations. These case stories are divided into three major thematic sections as follows: Section 1: Establishment and Activation of Gujarat’s District-Level Coastal Committees (DLCCs) as per Coastal Regulation Zone (CRZ) Notification, 2011: This section includes case studies from Gujarat, where ELCs worked towards establishing or activating District-Level Coastal Committees, an institution set up for better implementation of CRZ regulations and protection of rights of traditional coastal communities. Section 2: Securing Housing Clearances for Coastal Communities under Coastal Zone Regulation Notification, 2011 in North Karnataka: This section includes case studies from Uttara Kannada, a district in North Karnataka, where ELCs supported members of coastal communities in securing housing clearances under the coastal protection law. Section 3: Legal Empowerment in Practice: Two Case Stories: This section has two case stories from our field sites in Gujarat that illustrate the process and outcomes of legal empowerment though our work with communities.
Topic:
Development, Environment, Natural Resources, Law, Oceans and Seas, and Pollution
Political Geography:
South Asia, India, and Asia

5. 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

6. 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