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971. Paralegals for Environmental Justice (Version 2.0)

Author:
CPR-Namati Environmental Justice Program
Publication Date:
12-2017
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Large parts of the world, irrespective of their level of economic development, are at the cusp of severe environmental crises. In these regions, the operations of extractive projects such as large scale plantations, mining and industrial development have negated or worsened the economic, social and physical well-being of communities in their neighbourhoods and beyond. Their robust national and regional laws and institutions for the protection and governance of the environment and natural resources have remained on paper and the non-compliance by governments and corporations has had profound effects on community livelihoods, health, access to land and quality of life. CPR-Namati's Practice Guide for Environment Justice Paralegals is a step in the direction of closing this environmental enforcement gap. The guide provides a methodology for community mobilisers, activists and citizens groups to shift their attention from stating the problem to getting grievances addressed by environmental institutions. The guide is based on four years of work done by the paralegals of CPR-Namati Environment Justice Program to assist affected communities file complaints and seek remedies in over 150 cases of non-compliance in India. We hope that this guide will help local organisations and community groups to address environmental conflicts and seek useful remedies for affected people.
Topic:
Development, Environment, Law, and Justice
Political Geography:
South Asia, India, and Asia

972. Infrastructure, Gender and Violence: Women and Slum Sanitation Inequalities in Delhi

Author:
Susan Esme Chaplin and Reetika Kalita
Publication Date:
10-2017
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
In Delhi, as in many other Indian cities, millions of men, women and children who live in slums and informal settlements haveto daily confront the lack of adequate sanitation facilities. These sanitation inequalities have a greater impact on the health and socioeconomic status of women and girls because of their greater social vulnerability to sexual violence; there is also the role played by biology in their need for privacy, safety and cleanliness. Men and boys, on the other hand, tend to use public urinals and open defecation (OD) sites generally more frequently, because their need for privacy during these sanitation activities is not such a cause for concern. In addition, women and girls are forced every day to risk using precarious spaces for their sanitation activities that may expose them to gender-based violence and harassment and not satisfy their biological and socio-cultural needs. These urban sanitation inequalities also negatively impact the time women have available for paid employment as well as their daily domestic responsibilities, as they have to spend each morning queuing for toilets or getting up earlier to go with other women to OD sites. For adolescent girls this can often mean being late for school, which threatens their education and future life choices. India failed to meet Millennium Development Goal No. 7 (adopted by the United Nations in 2000) relating to halving the proportion of people without access to basic sanitation. In terms of toilet usage across India, the Census 2011 found that 81 percent of urban households had a private toilet or latrine. But when it came to slum households, only 66 percent had a toilet, meaning that 34 percent had to either use a community or public toilet or resort to OD (Ministry of Housing and Urban Poverty Alleviation & National Buildings Organisations 2013, p. 60). In reality, there are an estimated 41 million urban dwellers still practising OD because of a lack of access to improved sanitation (WaterAid 2016). OD is a compulsion, not a choice, and creates particular risks and imposes a variety of harms upon women and children that men and boys do not suffer. Who or what is responsible for such socioeconomic consequences of the lack of adequate sanitation infrastructure in Indian cities which perpetuate gender inequalities? How do harms like gender-based violence impact the everyday lives of women and girls living in slums in particular? This project report examines these issues using the notion of infrastructural violence and then examines the harms and suffering caused by a lack of sanitation infrastructure in two long-established localities in Delhi: Mangolpuri and Kusumpur Pahari. Mangolpuri is a resettlement colony in the northwest region of Delhi with an estimated population of more than 350,000. It is interspersed with eight JJCs clusters of varying sizes. Kusumpur Pahari is located in the heart of south Delhi, near Jawaharlal Nehru University, and now has five blocks of JJCs and an estimated population of nearly 50,000.
Topic:
Development, Gender Issues, Health, Children, Women, Income Inequality, and Sanitation
Political Geography:
South Asia, India, and Asia

973. Youth in India: Prospects and Challenges

Author:
Bhanu Joshi and Eesha Kunduri
Publication Date:
07-2017
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
India is the youngest country amongst the BRICS. It is estimated that by 2020 the working age population in India would be about 592 million, second to that of China’s (776 million). Theorised in terms of the ‘youth bulge’ or ‘demographic dividend’, this holds out prospects as well as challenges for a developing country like India. This note approaches the question of youth in contemporary urban India by shedding light on a variety of perspectives: the institutional structure and governance framework for young people in India, the involvement of and interest of young people in politics, employment-unemployment amongst youth, aspirations, and everyday politics of the youth. By considering both formal politics and political representations among youth as also more everyday forms of politics and aspirational dimensions of youth engagement, this note attempts to develop a holistic snapshot of contemporary urban youth.
Topic:
Demographics, Development, Politics, Employment, Youth, Urban, and Unemployment
Political Geography:
South Asia, India, and Asia

974. Migrants in construction work: Evaluating their welfare framework

Author:
Shamindra Nath Roy and Mukta Naik
Publication Date:
06-2017
Content Type:
Policy Brief
Institution:
Centre for Policy Research, India
Abstract:
More than two decades after the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the Building and Other Construction Workers Welfare Cess Act, 1996 came into force, the efficacy of this framework remains in question. Correctional steps have the potential to extend social benefits to construction workers, especially migrants who face particular vulnerabilities. Available data regarding implementation of the Acts by States presents a picture of overall tardiness and delay with wide variations. States need to ramp up worker registration; data suggests that lowering entry barriers for migrants improves registration and consequently, access to welfare benefits. While collection of cess funds has improved and is broadly proportionate to construction activity, their utilisation remains dismal. States need to think strategically on how to spend accumulated cess funds—especially on housing, occupational health and safety, grievance redressal and legal aid—and sustain welfare provisions over time. Accumulated unspent funds offer an opportunity for big-ticket, one-time expenditures. Examples from some States show that collaboration with civil society organisations could improve outreach, particularly to migrants.
Topic:
Migration, Labor Issues, Legislation, Labor Policies, and Welfare
Political Geography:
South Asia, India, and Asia

975. The Peripheral Protagonist: The Curious Case of the Missing Trans-Himalayan Trader

Author:
Nimmi Kurian
Publication Date:
03-2017
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
It is intriguing that despite a liberal economic narrative of borders as bridges, the transHimalayan trader has remained a rather forlorn and forgotten metaphor. This absence has however neither been voluntary nor anticipated but instead can be traced to fundamental flaws in India’s subregional discourse with its bias toward state-led formal institution building. Far from being marginal, the trans-Himalayan trader was in fact the central protagonist, as can be seen from a reading of the social and economic history of India’s borderlands. While this is not an attempt to read back into history a larger-than-life role for the border actor, it is a cue for India’s subregional discourse to imaginatively re-engage with the expertise and rich form of social capital that the transborder trader represents.
Topic:
Economics, History, Borders, and Trade
Political Geography:
South Asia, India, Asia, and Himalayas

976. Land Acquisition in India: A Review of Supreme Court Cases (1950-2016)

Author:
Namita Wahi, Ankit Bhatia, Pallav Shukla, Dhruva Gandhi, Shubham Jain, and Upasana Chauhan
Publication Date:
03-2017
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Context: India faces serious challenges in creating development processes that generate economic growth while being socially inclusive, ecologically sustainable, politically feasible, and in accordance with the Rule of Law. Equitable and efficient acquisition of land by the state for economic development projects, including infrastructure and industry, lies at the heart of these challenges. Simultaneously, securing constitutionally guaranteed land rights to the poorest and most vulnerable communities in India against the state and other dominant communities, has been considered crucial to their economic and social empowerment. Land is not only an important economic resource and source of livelihoods, it is also central to community identity, history and culture. Unsurprisingly then, throughout India, dispute over state acquisition of land that deprives people of their land rights spans various dimensions of economic, social, and political life. How do we mitigate this conflict? The CPR Land Rights Initiative report on ‘Land Acquisition in India: A Review of Supreme Court cases from 1950-2016’, offers some preliminary answers to this question. Not only is this report the first comprehensive country-wide study of land acquisition disputes since India's independence, but also for the first time ever analyses these disputes along various metrics, such as i) public purpose, ii) procedure for acquisition, iii) compensation, iv) invocation of the urgency clause, v) pendency of claims, and vi) tracks trends with respect to distribution of disputes across geography and time, and central and state laws. The Report also analyses litigation under the newly enacted Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act) for the three year period, 2014 to 2016. A detailed presentation of the findings from the report can be accessed here. Key findings: Reasons for inequity between state and land losers: The Report concludes that the political and social contestation over land acquisition stems from the inherently coercive nature of the land acquisition process, which creates a severe imbalance of power between the state and land losers. While much of this imbalance was created by the text of the Land Acquisition Act, 1894, a considerable part of it could also be attributed to executive non-compliance with the rule of law. The result is a situation of great inequity for the land losers. Legal reform under the LARR Act should be implemented by government, not subverted to redress these inequities: The Report finds that specific provisions of the LARR Act are steps in the right direction to redress the imbalance of power that was built into the Land Acquisition Act, 1894 in so far as: i) they empower livelihood losers along with title-holders to bring claims for compensation and rehabilitation, ii) bring compensation requirements in accordance with existing reality, and iii) introduce requirements of consent and social impact assessment. The Report shows that litigation helps channelise political contestation of state action into legal as opposed to extra legal disputes. Therefore, by empowering hitherto disempowered land losers to bring claims under the LARR Act, the Act will help preempt extra-legal conflict. Since conflict inevitably stalls or derails legitimate development projects, it is in the interest of the government to comply with, and not subvert the LARR Act. Legal reforms must be supplemented by administrative and bureaucratic reforms: The Report highlights that legal reform is a necessary but not a sufficient precondition for ensuring greater equity and efficiency within the land acquisition process. In the absence of administrative and bureaucratic reforms, the introduction of the LARR Act will not succeed in eliminating inequities and inefficiencies embedded within the implementation of existing land acquisition procedures. In fact, the increase in procedural requirements under the LARR Act implies an even greater need for securing executive compliance with the rule of law, in order to translate the equities intended by these additional procedures into reality for land losers. Types of administrative reforms required: Such administrative reforms include building of state capacity to meaningfully comply with the increased procedural requirements stipulated by the LARR Act, and designing institutional structures that incentivise such compliance with the rule of law. This, in turn, requires a serious mind-set shift within the government toward accepting the reform enshrined in the LARR Act, and not subverting it as we have seen in both the LARR Ordinance, and the state amendments to the LARR Act, as also the rules adopted to implement the LARR Act in the states.
Topic:
History, Reform, Economic growth, Land Law, Courts, Supreme Court, Rule of Law, and Land Rights
Political Geography:
South Asia, India, and Asia

977. The Rupee's Reach: The Lending Curve of India's Development Diplomacy

Author:
Nimmi Kurian
Publication Date:
02-2017
Content Type:
Policy Brief
Institution:
Centre for Policy Research, India
Abstract:
India’s transition from being a recipient of aid to a donor makes for a feel-good story. The policy brief questions this rose-tinted rhetoric and argues that there is an urgent need to map and systematise the diversity of India’s engagement as an actor in this evolving space. What sort of normative choices and tensions are these likely to present for Indian diplomacy? At the end of the day, many of these issues will be fundamentally linked to how India perceives its role in the region and the world at large and how it chooses to engage with questions of benefit sharing, trade-offs and the allocation of risks and burdens. Outlining its development priorities and bringing greater clarity to conceptualising what foreign aid with Indian characteristics constitutes should be the first order of business that India needs to attend to, if it wants to stay ahead of the (lending) curve.
Topic:
Development, Diplomacy, Foreign Aid, and Currency
Political Geography:
South Asia, India, and Asia

978. Bird Flu — It’s What’s for Dinner: What Human Population Growth and Climate Change Mean for the Future of Avian Influenza Outbreaks

Author:
Nahid Bhadelia
Publication Date:
07-2017
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
China is currently experiencing its fifth epidemic of “bird flu,” or avian influenza H7N9, since 2013 when it was first noted to cause human infections. The virus, which is mainly transmitted from poultry to humans, is also prone to limited human-to-human transmission. To date, there have been 1,258 human cases, with one-third of those cases (460) occurring during this year’s epidemic alone.[1] There are many “subtypes” of avian influenza circulating in birds around the world and most of these viruses cause limited or no human infections. However, two avian influenzas subtypes causing high human mortality have jumped from birds to humans in the last decade, H5N1 and then H7N9. The significant potential of this class of viruses to cause a human pandemic is a global public health concern, particularly because the conditions leading to the rise of these infections are becoming more favorable — for the viruses.
Topic:
Climate Change, Environment, Health, and Infectious Diseases
Political Geography:
China, Asia, and Global Focus

979. China’s New Afghan Diplomacy: Awakening from Inertia or Exception to Old Habits?

Author:
Abdur Rehman Shah
Publication Date:
07-2017
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
For decades, China has pursued a policy of hands-off diplomacy towards regional and international affairs, while narrowly focusing on internal development. Beijing’s recent approach to the Afghanistan conflict, however, has been a major shift. Getting Pakistan’s full support to help end the Afghan insurgency is a possibility given that the U.S. and Afghan governments have utterly failed to bring it to a close. China’s change may signal a shift in China’s “non-interference” approach. However, despite its early activism in the form of outreach to major actors—hosting the Taliban for talks, participation in Quadrilateral Coordination Group (QCG) and now Russia-led talks—China’s Afghan diplomacy has not produced any desirable results to alter Pakistan’s approach towards the Afghan insurgency. One explanation for this lackluster approach is that Pakistan has successfully stemmed the flow of cross-border militants toward China. Furthermore, post-2014 uncertainty in Afghanistan rather than strategic alterations prompted the shift of China’s Afghanistan policy.
Topic:
Foreign Policy, Diplomacy, Regional Cooperation, and International Affairs
Political Geography:
Pakistan, Afghanistan, China, and Asia

980. Waging Insurgent Warfare: Lessons from the Vietcong to the Islamic State, by Seth G. Jones

Author:
Seth G. Jones and Polina Beliakova
Publication Date:
07-2017
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
Insurgencies are often thought of as domestic conflicts between state and non-state actors seeking to challenge governmental legitimacy, overthrow the government, or take territorial control from the state. However, thinking about insurgency merely in terms of domestic affairs substantially limits our perspective, and might be misleading both in terms of theory and policy. In addition, the tendency of policymakers and scholars to focus their attention on counterinsurgency bears the risk of considering the solution before understanding all nuances of the problem. Seth G. Jones’ Waging Insurgent Warfare is truly a book about insurgency. Using both qualitative and quantitative methods, Jones analyzes how insurgencies start, strategies and tactics used by insurgent groups, their organizational structures, and their informational campaigns. The author devotes particular attention to the role of outside support for insurgencies from various types of actors including great power states. Finally, he addresses the issue of how insurgencies end. Only in the concluding chapter does Jones discuss the implications of the key findings of the book for counterinsurgency.
Topic:
International Relations, History, Counterinsurgency, Non State Actors, Military Affairs, and Islamic State
Political Geography:
Russia, Ukraine, Middle East, Asia, Syria, North America, and United States of America