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281. Migration Junctions in India and Indonesia Reimagining Places, Reorienting Policy

Author:
Mukta Naik and Gregory Randolph
Publication Date:
04-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
This report, jointly put out by the Centre for Policy Research and JustJobs Network, draws attention to geographies in India and Indonesia that are acting as migration junctions because they simultaneously experience high levels of in- and out-migration. The quantitative analysis is based on an earlier paper that measured ‘migrant-intensity’ of districts in India and kota (cities) and kabupatens (regencies) in Indonesia using Census data. In both countries, small cities, peripheral districts and centres of natural resource extraction feature as migration junctions. This prompts new ways of thinking about pathways that migrants take in, out and through places. The report highlights that migration junctions have particular policy challenges and opportunities including increased need for coordination across governance institutions, the ability to concerate workforce development efforts for incoming and outgoing populations and the need to develop robust rental housing markets to serve mobile populations.
Topic:
Migration, Labor Issues, and Governance
Political Geography:
South Asia, Indonesia, India, Asia, and Southeast Asia

282. 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

283. Plugging In Energy Demand in Indian Residences

Author:
Radhika Khosla
Publication Date:
03-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
India is poised at the edge of an energy transformation. This shift is shaped in large part by the country’s ongoing economic, social, and technological transitions. Indian cities will host an influx of 200 million more people by 2030. Most of these people will come from a low base of development, and will demand modern fuels, appliances, and vehicles for improved quality of life. Demographically, at least 10 million people are expected to enter the Indian job market annually for the next two decades (India’s Half-A-Billion Jobs Conundrum 2017). In addition, two-thirds of India’s buildings that will exist in 2030 remain to be built (McKinsey Global Institute 2010). Managing these transitions is a significant challenge in itself, further complicated by the need to address their immense energy and climate implications. This policy piece examines an important driver of India’s energy future—electricity demand in households—and argues for why a broader consideration of energy consumption is central to Indian energy and climate debates.
Topic:
Climate Change, Demographics, Development, Energy Policy, Science and Technology, and Electricity
Political Geography:
South Asia, India, and Asia

284. 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

285. 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

286. Decoding U.S.-India Relations: A Conversation with Ambassador Tim Roemer

Author:
Timothy J. Roemer and Divya Prabhakar
Publication Date:
07-2018
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
Ambassador Tim Roemer has broad experience spanning international trade, national security, and education policy. Roemer served as U.S. Ambassador to India from 2009-11. He served in the U.S. House of Representatives from 1991 – 2003 as a Democrat from Indiana’s 3rd congressional district. He is currently strategic counselor at APCO Worldwide, a global public affairs and strategic communications consultancy.
Topic:
International Relations, Bilateral Relations, Geopolitics, and Trade
Political Geography:
South Asia, India, North America, and United States of America

287. Women & Violence in Pakistan: Designing Institutions for Women’s Protection

Author:
Maryam Khan
Publication Date:
05-2018
Content Type:
Special Report
Institution:
Georgetown Journal of International Affairs
Abstract:
The most recent study on reported incidents of gender-based violence (GBV) in Pakistan shows an upward trend of violent crime against women – with kidnapping, rape, murder, honor killings, domestic violence, and acid throwing as the most commonly reported. Conviction rates for these crimes remain dismally low, but within this grim backdrop lies a ray of hope. In the past decade, the government has enacted a quick succession of pro-women legislation despite strident political opposition from the religious right. Among other things, new laws provide women with rights and protections against workplace harassment, acid crime, and anti-women practices while strengthening the existing legal frameworks on gender crimes. The latest legislation comes from Punjab, the largest and best-resourced province in the country, but also one with a disproportionately high incidence of GBV. The 2016 Punjab Protection of Women Against Violence Act (PPWVA) protects women from all forms of violence, serving as a high point in the lengthy struggle to get GBV on Punjab’s political agenda.
Topic:
Gender Issues, Women, Violence, and Institutions
Political Geography:
Pakistan and South Asia

288. Between Giants: The Sino-Indian Cold War in the Indian Ocean

Author:
David Brewster
Publication Date:
12-2018
Content Type:
Policy Brief
Institution:
Institut français des relations internationales (IFRI)
Abstract:
Strategic competition between India and China in the Indian Ocean is growing and has the potential to profoundly impact the stability and security of the region. The Indian Ocean is becoming the scene of a sustained contest that in some ways resembles strategic competition during the Cold War. This will include pressure on Indian Ocean states to align themselves with one side or another within an increasingly unstable and complex strategic environment.
Topic:
Security, Diplomacy, Political stability, Belt and Road Initiative (BRI), and Strategic Competition
Political Geography:
China, South Asia, India, Asia, and Indian Ocean

289. THE MAKING OF MODERNITY: VIOLENCE AND SOCIAL REVOLUTION IN THE SOUTH ASIAN CONTEXT

Author:
Prakash Kona
Publication Date:
10-2018
Content Type:
Journal Article
Journal:
Conjuntura Austral: Journal of the Global South
Institution:
Conjuntura Austral: Journal of the Global South
Abstract:
In Weapons of the Weak: Everyday forms of Peasant ResistanceJames C. Scott notes in the Preface that “most subordinate classes throughout most of history have rarely been afforded the luxury of open, organized, political activity” (SCOTT, 1985: xv). In the same Preface, Scott adds, “Formal, organized political activity, even if clandestine and revolutionary, is typically the preserve of the middle class and the intelligentsia” (SCOTT, 1985: xv). While acts of resistance undoubtedly play a role in giving the poor an opportunity to fight anunjust order, these acts might not constitute social and political change. Acts of resistance operate through a politics of negotiation and do not necessarily form the basis of a carefully thought out plan of action engineered to bring about radical gainsto working and subaltern classes.
Topic:
Popular Revolt, Violence, Revolution, and Modernization
Political Geography:
South Asia and India

290. China's Engagement in Pakistan, Afghanistan and Xinjiang: Will China's Root Cause Model provide regional stability and security?

Author:
Lars Erslev Andersen and Yang Jiang
Publication Date:
11-2018
Content Type:
Special Report
Institution:
Danish Institute for International Studies
Abstract:
In the latest policy report in DIIS’s Defence and Security Studies series, Lars Erslev Andersen and Yang Jiang discuss the potential of China’s approach to stabilising security conditions in Pakistan and Afghanistan through development. The report explores China’s westward policy by analysing the opportunities and obstacles related to its flagship Belt and Road Initiative (BRI) in South Asia, in particular the China–Pakistan Economic Corridor (CPEC). One aspect of the philosophy behind the CPEC is that lifting people out of poverty by providing them with better opportunities for jobs and incomes and hence improved living conditions will reduce the attractions of violent extremism and the inclination to indulge in it, thereby enhancing stability. This so-called Root Cause model draws on China’s experience of successfully lifting more than 600 million of its own citizens out of poverty due to the reform policy that has changed China rapidly over the past forty years, especially in the big cities in eastern China. However, the model has had mixed results in western China, especially in Xinjiang province. As this issue can shed light on the kinds of problems that China will face in Afghanistan and Pakistan, the report explores the situation in Xinjiang by investigating how it is conducting its policy there. The report outlines this development, which brings the Root Cause model into question to some extent, thus identifying some of the challenges that China will face in trying to stabilise conflict-torn parts of Pakistan and Afghanistan ‘the Chinese way’. Following these observations, the report takes a closer look at China’s economic diplomacy in Afghanistan. The last section discusses China’s increasing role in mediating between Afghanistan, Pakistan and the Taliban. Whether the Chinese approach to the situation in Pakistan and Afghanistan proves to be a sustainable way of providing stability and achieving results is the question addressed in the report’s conclusion.
Topic:
Security, Defense Policy, Democratization, Development, Emerging Markets, Migration, Oil, Power Politics, Non State Actors, Gas, Fragile States, Economy, Conflict, Investment, Peace, and Land Rights
Political Geography:
Pakistan, Afghanistan, China, South Asia, and Asia