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1. Policy Note: Dialogues On Sanitation: Legal Perspectives on Sanitation in Urban India

Author:
Scaling City Institutions for India: Sanitation
Publication Date:
03-2019
Content Type:
Policy Brief
Institution:
Centre for Policy Research, India
Abstract:
The event was organised as a part of ‘Dialogues on Sanitation’ series and specifically focused on the legal and regulatory regime pertaining to urban sanitation. The event brought together senior policymakers, city and state level implementers, technocrats, members of the civil society and legal experts to brainstorm towards bettering the regulatory regime on urban sanitation. Several aspects such as the role of law and regulation in Faecal Sludge Management, rights of sanitary workers, and public-private participation in Urban Sanitation were discussed during the course of the workshop.
Topic:
Government, Law, Regulation, Urban, and Sanitation
Political Geography:
South Asia, India, and Asia

2. Synthesis Report on State of Water: A Look at the Legal and Regulatory Framework Governing Water Services across Jurisdictions

Author:
Maanav Kumar and Parag Mohanty
Publication Date:
03-2019
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
This study looks at the development of legal and regulatory framework governing drinking water and sanitation services in South Africa, England and United States. Around 780 million worldwide do not have access to clean drinking water and almost 2.5 billion people lack access to improved sanitation according to data published by Centers for Disease Control and Prevention. In such a situation, it becomes extremely important to study the legal and regulatory measures used internationally to control, manage and improve these resources. This study, covering South Africa, England and USA, sets out to identify, comprehend and analyze these legal frameworks and structures; examine the control exercised by national, state/provincial as well as municipal governments over water and sanitation-related questions; and the responsive measures being taken by them to preserve the water resources and their quality for future generations. The authors have observed that in presence of varying geographical, historical and social factors, while it would be impossible to compare each model against the other on the basis of merit, it becomes increasingly important for governments to balance the individual’s right to water with the planet’s ecological balance.
Topic:
Environment, Government, Natural Resources, Water, Law, Regulation, Legislation, and Sanitation
Political Geography:
South Asia, India, Asia, and Global Focus

3. White Paper on Regulating E-Commerce in India: Need for Principles-based Approach

Author:
Ananth Padmanabhan and Arjun Sinha
Publication Date:
03-2019
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
E-commerce has come under heavy regulatory intervention in the past few months. From data localisation to mandatory sharing of data, and a catch-all definition of e-commerce itself to regulatory barriers for inventory-based business models in all these sectors, these recent proposals leave limited room for natural evolution through market competition. Pushing back against these proposals, this White Paper argues that a principles-based rather than rule-based approach must be adopted to regulate this sector. This can be operationalised through a four-step process: the first step is to identify critical sectors where a policy is required in the first place; the second requires prioritising concerns that regulation needs to address immediately rather than crystal-gazing; the third is to explore possible models of co-regulation; and the final step is to focus on effective enforcement of the limited number of areas where state intervention through policy would exist because of adherence to the first three steps.
Topic:
Science and Technology, Regulation, Internet, Business, and Trade
Political Geography:
South Asia, India, and Asia

4. Closing the Enforcement Gap: Community-led Groundtruthing of Environmental Violations in Mormugao, Goa

Author:
CPR-Namati Environmental Justice Program
Publication Date:
12-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
The Mormugao Port is located at Vasco bay in the Mormugao taluka of Goa at the point where the Zuari river meets the Arabian Sea. This region is home to thousands of fisherfolk from the Karvi community who live along the beaches of Mormugao, Salcete and Tiswadi talukas. It is a natural harbour that provides safe haven for ships and fishing vessels during storms, like it did in 2017 when cyclone Okchi hit this coast. The lives and livelihood of these fisherfolk are intrinsically linked to the activities of Mormugao port as they have had to share their customary livelihood areas – the sea and the beaches – with the port. This has resulted in them competing for space for their daily activities like fish landing, boat parking, net mending, and even housing with the port and its infrastructure development on the landward side, and competing with larger shipping vessels for navigation space and access to certain parts of Vasco bay. It was in this backdrop, that a community led groundtruthing study was initiated in April 2018 by Old Cross Fishing Canoe Owners Co-op Society Ltd, Baina Ramponkar, Fishing Canoe Owners Society, Destierro Fisherman Association – Vasco, Goenchea Raponkarancho Ekvott (GRE) and the Centre for Policy Research (CPR)-Namati Environmental Justice Program with support from concerned citizens of Vasco and the Federation of Rainbow Warriors.This groundtruthing study is also an attempt by the affected community members to understand the environmental impacts of these berths, link them to the regulatory requirements and then push for compliance of the same.
Topic:
Environment, Law Enforcement, Law, and Regulation
Political Geography:
South Asia, India, and Asia

5. Building Regulations For Faecal Sludge Management: Review of Building Regulations From Indian States

Author:
Arkaja Singh
Publication Date:
12-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Getting approvals under the various building regulations applicable to any particular jurisdiction is often the first step in construction and development. The Report ‘Building Regulations for Faecal Sludge Management: Review of Building Regulations from Indian States’ seeks to understand how these building regulations address on-site sanitation, what kind of standards do they impose on developers, and how well do they incorporate mechanisms to enforce these standards. In this report, we look at six states: Andhra Pradesh, Odisha, Rajasthan, Tamil Nadu, Maharashtra, and Uttar Pradesh. We also look at other standards that are applicable to on-site containment of Faecal sludge, and the manner in which these standards get incorporated into the building regulations. We find that context-specific attention to On-Site Containment of Faecal Sludge is only given in very few states, at least within our sample size. Usually, Building Regulations seem to rely on already existing standards such as the National Building Code, 2016. Additionally, the inconsistencies within the bye-laws exhibit a lack of understanding on the issue of FSM, amongst the policy-makers. As Faecal Sludge Management is an issue at the interface of environment, sanitation, and public health, a lack of convergence between various departments of the government is also noticed.
Topic:
Environment, Government, Health, Regulation, and Sanitation
Political Geography:
South Asia, India, and Asia

6. Renewable Energy in India: An Analysis of the Regulatory Environment and Evolving Policy Trends

Author:
Megha Kaladharan
Publication Date:
08-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
India emerged as a key player in the recent international climate talks in Paris. On the global stage, India reiterated its commitment towards clean energy and reducing carbon emissions.1 India’s increased thrust on renewable energy is outlined in the 2015 national budget, which set a five-fold increase in renewable energy targets to achieve 175 GW by 2022. This comprises 100 GW solar, 60 GW wind, 10 GW biomass and 5 GW small hydropower capacity, supported by a substantial budgetary allocation. The existing generation capacity is dominated by conventional coal-fired thermal power (211 GW as of May, 2016, 70% of total capacity). State distribution companies (Discoms) are by far the largest purchaser of electricity, including that from renewable energy sources. Therefore, the ability of the Discoms to purchase such power lies at the heart of the success of the national level directional shift from conventional to renewable power. However, presently, Discoms are reeling under massive debts and their actions are often dictated by local political factors rather than the achievement of operational and technical efficiency. Working towards the ambitious national renewable energy targets necessarily requires a revamp of the electricity distribution sector. Major legislative amendments and policy changes have been made and are underway at the central level to create an enabling environment for the nationwide growth of renewable energy. This paper proposes to analyse the existing constitutional and regulatory framework within which Discoms and other key stakeholders in the renewable power sector operate. The implications of the recently proposed amendments to the Electricity Act, 2003 (Electricity Act), the National Tariff Policy and provisions of the Draft Renewable Energy Act will be discussed in detail. A discussion on renewable energy is incomplete without an understanding of the legislative and judicial trends that govern the Renewable Purchase Obligation (RPO) imposed on Discoms. The paper offers an insight into the perspectives of Discoms, regulators and governments on RPO compliance. Further, the larger debate surrounding electricity sector reform and its implications for the renewable power sector have been analysed.
Topic:
Climate Change, Energy Policy, Regulation, and Renewable Energy
Political Geography:
South Asia, India, and Asia

7. 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