Search

Begin New Search Political Geography Asia Content Type Special Report Publishing Institution Centre for Policy Research, India

1. Making the Law Count: Environment justice stories on community paralegal work in India (Version 2)

Author:
Vimal Kalavadiya, Vinod Patgar, Vijay Rathod, Mahabaleshwar Hegde, Manju Menon, Krithika A. Dinesh, Hasmukh Dhumadiya, Bharat Patel, Tania Devaiah, Jayendrasinh Ker, Harapriya Nayak, Santosh Dora, Vimal Kalavadiya, Sandeep Patel, Debayan Gupta, Bipasha Paul, and Kanchi Kohli
Publication Date:
12-2019
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
The Centre for Policy Research-Namati Environmental Justice Program trains and supports a network of community paralegals or grassroots legal advocates who work with communities affected by pollution, water contamination and other environmental challenges. They use the legal empowerment approach to make communities aware of laws and regulations that can help secure much needed remedies for these problems that often arise out of noncompliance or violation of environmental regulations. As part of their work, the community paralegals write about their cases to create public awareness on the use of law outside of courts as well as engage the readers in these issues. This is an updated collection of published stories written by paralegals and their team members working in coastal Gujarat, Northern Karnataka, Chhattisgarh and Keonjhar, Odisha. These are a combination of case stories and opinion pieces on issues of industrial non-compliance that have adversely affected many local communities. Each article tries to highlight the gap between the law on paper and its implementation in reality, while putting forth the conviction that putting law in the hands of ordinary people can shift the balance of power in support of justice.
Topic:
Civil Society, Environment, Law, and Justice
Political Geography:
South Asia, India, and Asia

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. Unearthed - Facts of On-Site Sanitation in Urban India

Author:
Shubhagato Dasgupta, Neha Agarwal, and Anindita Mukherjee
Publication Date:
12-2019
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
As per the National Sample Survey 2018, nearly 60% of urban India relies on On-Site Sanitation (OSS) systems, like septic tanks and leaching pits, for the management of faecal waste. Augmentation of toilet access over the last five years under the Swachh Bharat Mission has only served to entrench this dependence, despite a push for centralized sewerage systems underwritten by schemes like AMRUT in Class I cities during the same period. Notwithstanding their scale and criticality to public health outcomes, OSS systems are poorly regulated and consequently ill-constructed in India. Therefore, it is vital to address the deficiencies in the downstream sanitation service chain beyond the toilet – beginning with the OSS system - to ensure that India meets its targets toward providing ‘Safely Managed Sanitation Services’ under the Sustainable Development Goal 6. The present study is a novel attempt to systematically analyse the state of OSS in urban India through a sample survey of 3000 households and more than 50 key informant-interviews across ten cities in four states. It shows that septic tanks, confused in common parlance and practice for a septic tank system, comprise the majority of all OSS systems at over 90%. However, in meeting household-level preferences, these systems exhibit variations along each of the principal design parameters, which cumulatively result in less than 2% of all surveyed septic tanks meeting the major requirements of the national governing standards. It finds OSS fraught with several compelling needs, including the inefficacy of septic tanks as primary treatment units, the lack of secondary treatment and safe disposal of pathogenic effluent, their delayed maintenance, and the lack of greywater management. In systematically identifying these issues, the report also recommends interventions in design, planning, and governance for safer and more sustainable on-site sanitation.
Topic:
Water, Infrastructure, Urban, and Sanitation
Political Geography:
South Asia, India, and Asia

4. Mapping Power: A Collection of Insights on the Political Economy of Electricity in India's States

Author:
Navroz K. Dubash, Sunita S. Kale, Ranjit Bharvirkar, Ashwini K. Swain, Elizabeth Chatterjee, Hema Ramakrishnan, Jonathan Balls, Kalpana Dixit, Meera Sudhakar, Megha Kaladharan, Rohit Chandra, and Siddharth Sareen
Publication Date:
09-2019
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
This is a compilation of blogs by the authors of 'Mapping Power: The Political Economy of Electricity in India’s States' (Oxford University Press), edited by Navroz K. Dubash (Centre for Policy Research), Sunila S. Kale (University of Washington), and Ranjit S. Bharvirkar (Regulatory Assistance Project). Featuring analysis from the book, this compilation highlights the politics of electricity access and distribution in Uttar Pradesh, Andhra Pradesh, West Bengal, Karnataka, Maharashtra, Uttarakhand, Gujarat, Jharkhand, Tamil Nadu, and the National Capital Region in India.
Topic:
Energy Policy, Political Economy, Infrastructure, Social Policy, and Electricity
Political Geography:
South Asia, India, and Asia

5. Beyond Poles and Wires: How to Keep the Electrons Flowing?

Author:
Navroz K. Dubash and Ashwini K. Swain
Publication Date:
06-2019
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
India’s move to electrify every village and household in the country has been lauded as a success. Building on decades of targeted programmes and public investments by multiple governments, the country completed 100% village electrification in April 2018; a year after, it has electrified nearly all ‘willing’ households. Despite the time it took to get here, these achievements are important milestones in India’s development trajectory. But does connecting households to the electric grid resolve the electricity access challenge? The answer depends on whether electrons flow through the wires and whether all consumers are served equally and adequately.
Topic:
Development, Government, Infrastructure, Investment, and Electricity
Political Geography:
South Asia, India, and Asia

6. Sanitation in Large and Dense Villages of India: The Last Mile and Beyond

Author:
Aditya Bhol, Shubhagato Dasgupta, Anindita Mukherjee, and Aastha Jain
Publication Date:
03-2019
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
The aim of this white paper is to explore the nuances of the prevalence of on-site sanitation systems in large and dense villages of India. Villages which have a population of 1000 persons or more and a density of greater than or equal to 400 persons per square kilometre were classified as large and dense villages in an earlier research – Towards a New Research and Policy Paradigm: An Analysis of the Sanitation Situation in Large Dense Villages. Stimulated by the findings revealing a preferential pattern for selection of on-site sanitation systems in these settlements, a primary household survey was conducted in large and dense villages from five Indian states - Himachal Pradesh, Punjab, West Bengal, Madhya Pradesh and Tamil Nadu. The survey also included qualitative components – stakeholder interviews and transect walks. In this study the survey data has been canvassed to explore the preference patterns of households and the factors guiding them in their decision making for the construction and maintenance of on-site sanitation systems. We find that these large and dense villages exhibit a higher preference for septic tanks over pits in all states except West Bengal where pits are preferred. A majority of households have reported their toilets were private constructions. We find the preference patterns are manifested not only by the choices of building septic tanks or pits but also through the large variations in their design and sizes which are influenced by socio-economic, technical and behavioural factors. We also find specific trends in demand for desludging services by households which are influenced by internal factors such as their social status and economic well-being and by external factors such as availability of mechanised operators or continued reliance on manual cleaning and their costs which cumulatively constitute the supply side of sanitation services.
Topic:
Government, Water, Infrastructure, and Sanitation
Political Geography:
South Asia, India, and Asia

7. 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

8. 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

9. Closing the Enforcement Gap: Groundtruthing of Environmental Violations in Bodai-Daldali, Chhattisgarh

Author:
CPR-Namati Environmental Justice Program
Publication Date:
02-2019
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Janabhivyakti, the Centre for Policy Research-Namati Environmental Justice Program and Oxfam India have jointly conducted a groundtruthing study of environmental violations in the Bodai-Daldali bauxite mine located in the Kabirdham district of Chhattisgarh. A groundtruthing study is the process of comparing the facts as mentioned in official documents with the impacts being reported by affected communities. The methodology included undertaking group discussions with the affected communities. During the group discussions, impacts which the communities were facing were discussed first. This was followed by brief discussions on the various laws and institutions which are available for dealing with impacts arising out of environmental violations. The violations were confirmed by government reports and independent research studies. These reports and studies date back to the year 2007, and some of the impacts have been in existence since the beginning of the mining operations, and have been recorded in the aforementioned reports.
Topic:
Environment, Law Enforcement, Social Policy, and Justice
Political Geography:
South Asia, India, and Asia

10. 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

11. 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

12. India: Using open school data to improve transparency and accountability

Author:
Mridusmita Bordoloi and Varun Kapoor
Publication Date:
10-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
This study collates experiences of users of data at different levels to understand the bottlenecks and challenges to achieve transparency and accountability in India’s public education system. Detailed field surveys of parents and head teachers in government schools were conducted in three districts in three different states of India.
Topic:
Education, Government, Children, Youth, Accountability, and Transparency
Political Geography:
South Asia, India, and Asia

13. 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

14. Training Manual on Non-Sewered Urban Sanitation

Author:
Shubhagato Dasgupta, Anju Dwivedi, Ambarish Karunanithi, Swati Dhiman, Deepti Raj, and Neha Agarwal
Publication Date:
09-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Odisha, while being among the relatively less urbanized states in the country, has registered a significantly high decadal urban growth rate of 27%, with the urban population growing from 37 million to 42 million during the decade 2001-2011. With the addition of small towns in the Census, the Government of Odisha has committed itself to address the challenges of poor sanitation and inadequate infrastructure related to sanitation in urban areas. The Government of Odisha has undertaken significant efforts towards improving urban sanitation in Odisha. As part of this effort, large-scale underground sewerage projects are being implemented in major cities. Keeping in view the challenges in executing underground sewerage projects and the high cost implications, over the last two years Housing and Urban Development Department, Government of Odisha with support of Scaling City Institutions for India: Sanitation (SCI-FI) team at the Centre for Policy Research have engaged in finding appropriate lower-cost, more easily implementable solutions for city-wide environmental sanitation in two small towns (Angul and Dhenkanal) and AMRUT Cities. The Odisha Urban Sanitation Policy and the Odisha Urban Sanitation Strategy released in late 2016 supported by Scaling City Institutions for India: Sanitation (SCI-FI) team at the Centre for Policy Research lay out the state strategy for sanitation emphasizing alternative solutions. This strategy is under active implementation currently and will ensure improved sanitation across our secondary and smaller cities. The ‘Training Manual for Non-Sewered Urban Sanitation’ was developed by the Scaling City Institutions for India: Sanitation (SCI-FI) team at the Centre for Policy Research, New Delhi, with the able support of the Housing and Urban Development Department, Government of Odisha. This training manual is an essential instrument for furthering the goals of the Odisha Urban Sanitation Policy. It adapts most recent developments from across the globe, translating the lessons to make the training modules relevant in the context of Odisha. The subsections include: Module 1: Sanitation and Its Relevance; Module 2: Sanitation Flow Diagram; Module 3: Institutional and Policy Framework for Waste Water Management; Module 4: Urban Waste Water Management Systems; Module 5: Introduction to Faecal Sludge Management; Module 6: Containment and Handling of Faecal Sludge; Module 7: Treatment and Re-use/ Disposal of Faecal Sludge; Module 8: Operation and Maintenance of Faecal Sludge Treatment Plant; Module 9: Financial Management; Module 10: Community Engagement in Faecal Sludge Management; Module 11: Planning of Faecal Sludge Management System. This manual shall be a good resource to train all officials and other stakeholders involved in local service delivery to achieve the Odisha Urban Sanitation Policy targets.
Topic:
Government, Training, Urban, and Sanitation
Political Geography:
South Asia, India, and Asia

15. Note on Faecal Sludge Management in Rural India: Graded Solution, legal and Regulatory implications and Possible Administrative Structure

Author:
Arkaja Singh and Anindita Mukherjee
Publication Date:
08-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Rural areas in India are experiencing significant gains in toilet coverage under the public funded programmes. Given the rate of ‘in-situ urbanization’ in a growing urban paradigm,the rural areas, in many parts, seems to emulate urban infrastructural preferences for their toilets. This may remain annulled due to non-availability of urban like service facilities in the rural context. The first part of the report focusses on establishes the urbanising characteristics of the Large and Dense Villages (LDVs) in India for usage of a specific typology of Sanitation Infrastructure which in turn links to the gaps in terms of service availability across the Faecal Sludge Management (FSM) value chain. In this context, in the second half of the report, the authors examine the various environmental and municipal laws applicable to Sanitation in rural areas. The report also sheds light on how the capacities of various institutions and legal instruments may be leveraged for graded interventions, ensuring safe and sustainable sanitation in rural areas in India.
Topic:
Development, Government, Urbanization, Sanitation, and Services
Political Geography:
South Asia, India, and Asia

16. Migration to Brick Kilns in India: An Appraisal

Author:
Shamindra Nath Roy and Eesha Kunduri
Publication Date:
07-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
This note expounds on migration to brick-kilns in India, based on estimates from the National Sample Survey (NSS) 2007-08 employment- unemployment and migration survey, and a review of eld studies. Characterised by traditional modes of production, low capital- intensity, seasonal employment patterns and lack of adequate regulations, the brick industry is a signi cant site for interrogating variegated issues that lie at the intersection of migration, labour markets and urbanisation. The analysis herein sheds light on the spatial concentrations of brick- kiln workers, which are along urban peripheries and driven by migrants. The phenomenon of jodi labour, referring to family based labour (typically of husband and wife) that characterises brick- kiln work is explicated using NSS estimates. The analysis concludes that the modes and modalities of employment in brick-kilns combined with piece-rated wage payments raises complex issues that call for consideration. At the same time, an understanding of the spatial concentration of kilns could help with interventions with regard to expanding the outreach of the Construction Workers' Welfare Board (CWWB) and facilities for accompanying children of the migrant workers.
Topic:
Migration, Labor Issues, Urbanization, and Employment
Political Geography:
South Asia, India, and Asia

17. Integrating Urban Development and Climate Objectives: Insights from Coimbatore

Author:
Ankit Bhardwaj and Radhika Khosla
Publication Date:
07-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Indian cities routinely make decisions on land use, housing, water, transport, economic growth and waste management that have implications for climate change mitigation and adaptation. Aligning these sectoral actions with climate goals involves understanding how infrastructural systems interact and how these choices address both development and climate objectives. City governments, as managers of these various infrastructure systems, can co-ordinate such decision-making. However, so far, this is largely ad hoc. We show how cities can use a ‘multiple objective’ approach to systematically examine, and make explicit, the linkages between local objectives, climate change mitigation and adaptation across their planning portfolio.
Topic:
Climate Change, Development, Water, Economic Growth, Urban, and Sanitation
Political Geography:
South Asia, India, and Asia

18. Midcourse Manoeuvres:Community strategies and remedies for natural resource conflicts in Myanmar

Author:
Meenakshi Kapoor, Nwe Ni Soe, and Vidya Viswanathan
Publication Date:
06-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Land transformation has been at the centre of economic growth of post-colonial, Asian nation-states. While their political reforms and economic policies have focused on land governance, the outcomes have resulted in promoting privatisation and speculative business interest in ecologically sensitive landscapes that are also under diverse forms of common use by resource-dependent communities. A three-year study undertaken to understand community-level responses to land use transformation in India, Indonesia and Myanmar shows that the current scale and approach of land–intensive development in these large democracies is facilitated by fast-paced, top down policy changes. These policies are ‘stacked’ (when multiple layers of current and revoked laws are simultaneously in use) rather than integrated and their implementation is the responsibility of various authorities and agencies that overlap. Growing private investments in land that has remained within varying degrees of state control have changed the way land is managed. Land has become increasingly securitised and ‘out of bounds’ for small farmers and other land-users with or without recognised forms of ownership and use rights. Land conflicts are caused due to coercive acquisition processes or land grabs, unlawful operations of projects and long pending remedies to social and environmental impacts. In many instances, these conflicts begin even before the final decisions on projects are taken and persist for years. Highly capitalised land use change brings powerful investors and corporations, governments and local communities in unequal and precarious arrangements of negotiation and confrontation. Citizens and communities affected by land use change, use varied strategies such as administrative complaints, protests, litigation, media campaigns and political advocacy, and engage in improving project design and implementation, increase compensations, restore community access to resources and get a review on the operations of harmful projects. These are done under conditions of political intransigence and criminalisation of those who speak up. While all three countries have recognised land conflicts and their impact on development plans and proposals, they are yet to give affected people a formal and effective role in land and natural resource governance. This is the study report on Myanmar.
Topic:
Privatization, Natural Resources, Governance, Economic Growth, Land Law, and Land Rights
Political Geography:
South Asia, India, Asia, and Myanmar

19. Midcourse Manoeuvres: An overview of community strategies and remedies for natural resource conflicts in India, Indonesia & Myanmar

Author:
Manju Menon
Publication Date:
06-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Land transformation has been at the centre of economic growth of post-colonial, Asian nation-states. While their political reforms and economic policies have focused on land governance, the outcomes have resulted in promoting privatisation and speculative business interest in ecologically sensitive landscapes that are also under diverse forms of common use by resource-dependent communities. A three-year study undertaken to understand community-level responses to land use transformation in India, Indonesia and Myanmar shows that the current scale and approach of land–intensive development in these large democracies is facilitated by fast-paced, top down policy changes. These policies are ‘stacked’ (when multiple layers of current and revoked laws are simultaneously in use) rather than integrated and their implementation is the responsibility of various authorities and agencies that overlap. Growing private investments in land that has remained within varying degrees of state control have changed the way land is managed. Land has become increasingly securitised and ‘out of bounds’ for small farmers and other land-users with or without recognised forms of ownership and use rights. Land conflicts are caused due to coercive acquisition processes or land grabs, unlawful operations of projects and long pending remedies to social and environmental impacts. In many instances, these conflicts begin even before the final decisions on projects are taken and persist for years. Highly capitalised land use change brings powerful investors and corporations, governments and local communities in unequal and precarious arrangements of negotiation and confrontation. Citizens and communities affected by land use change, use varied strategies such as administrative complaints, protests, litigation, media campaigns and political advocacy, and engage in improving project design and implementation, increase compensations, restore community access to resources and get a review on the operations of harmful projects. These are done under conditions of political intransigence and criminalisation of those who speak up. While all three countries have recognised land conflicts and their impact on development plans and proposals, they are yet to give affected people a formal and effective role in land and natural resource governance. This is the overview of the study's methodology and findings.
Topic:
Development, Privatization, Natural Resources, Business, Economic Growth, Land Law, Conflict, and Land Rights
Political Geography:
Indonesia, India, Asia, Southeast Asia, and Myanmar

20. Midcourse Manoeuvres: Community strategies and remedies for natural resource conflicts in Indonesia

Author:
Meenakshi Kapoor, Manju Menon, and Vidya Viswanathan
Publication Date:
06-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Land transformation has been at the centre of economic growth of post-colonial, Asian nation-states. While their political reforms and economic policies have focused on land governance, the outcomes have resulted in promoting privatisation and speculative business interest in ecologically sensitive landscapes that are also under diverse forms of common use by resource-dependent communities. A three-year study undertaken to understand community-level responses to land use transformation in India, Indonesia and Myanmar shows that the current scale and approach of land–intensive development in these large democracies is facilitated by fast-paced, top down policy changes. These policies are ‘stacked’ (when multiple layers of current and revoked laws are simultaneously in use) rather than integrated and their implementation is the responsibility of various authorities and agencies that overlap. Growing private investments in land that has remained within varying degrees of state control have changed the way land is managed. Land has become increasingly securitised and ‘out of bounds’ for small farmers and other land-users with or without recognised forms of ownership and use rights. Land conflicts are caused due to coercive acquisition processes or land grabs, unlawful operations of projects and long pending remedies to social and environmental impacts. In many instances, these conflicts begin even before the final decisions on projects are taken and persist for years. Highly capitalised land use change brings powerful investors and corporations, governments and local communities in unequal and precarious arrangements of negotiation and confrontation. Citizens and communities affected by land use change, use varied strategies such as administrative complaints, protests, litigation, media campaigns and political advocacy, and engage in improving project design and implementation, increase compensations, restore community access to resources and get a review on the operations of harmful projects. These are done under conditions of political intransigence and criminalisation of those who speak up. While all three countries have recognised land conflicts and their impact on development plans and proposals, they are yet to give affected people a formal and effective role in land and natural resource governance. This is the study report on Indonesia.
Topic:
Development, Privatization, Natural Resources, Business, Land Law, Conflict, and Land Rights
Political Geography:
Indonesia, Asia, and Southeast Asia

21. Midcourse Manoeuvres: Community strategies and remedies for natural resource conflicts in India

Author:
Kanchi Kohli, Meenakshi Kapoor, Manju Menon, and Vidya Viswanathan
Publication Date:
06-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Land transformation has been at the centre of economic growth of post-colonial, Asian nation-states. While their political reforms and economic policies have focused on land governance, the outcomes have resulted in promoting privatisation and speculative business interest in ecologically sensitive landscapes that are also under diverse forms of common use by resource-dependent communities. A three-year study undertaken to understand community-level responses to land use transformation in India, Indonesia and Myanmar shows that the current scale and approach of land–intensive development in these large democracies is facilitated by fast-paced, top down policy changes. These policies are ‘stacked’ (when multiple layers of current and revoked laws are simultaneously in use) rather than integrated and their implementation is the responsibility of various authorities and agencies that overlap. Growing private investments in land that has remained within varying degrees of state control have changed the way land is managed. Land has become increasingly securitised and ‘out of bounds’ for small farmers and other land-users with or without recognised forms of ownership and use rights. Land conflicts are caused due to coercive acquisition processes or land grabs, unlawful operations of projects and long pending remedies to social and environmental impacts. In many instances, these conflicts begin even before the final decisions on projects are taken and persist for years. Highly capitalised land use change brings powerful investors and corporations, governments and local communities in unequal and precarious arrangements of negotiation and confrontation. Citizens and communities affected by land use change, use varied strategies such as administrative complaints, protests, litigation, media campaigns and political advocacy, and engage in improving project design and implementation, increase compensations, restore community access to resources and get a review on the operations of harmful projects. These are done under conditions of political intransigence and criminalisation of those who speak up. While all three countries have recognised land conflicts and their impact on development plans and proposals, they are yet to give affected people a formal and effective role in land and natural resource governance. This is the study report on India.
Topic:
Development, Privatization, Natural Resources, Business, Economic Growth, Land Law, Conflict, and Land Rights
Political Geography:
South Asia, India, and Asia

22. 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

23. 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

24. 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

25. 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

26. Plugging In: A Collection of Insights on Electricity Use in Indian Homes

Author:
Radhika Khosla and Aditya Chunekar
Publication Date:
12-2017
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Electricity use in Indian homes – from lights, ceiling fans, televisions, refrigerators, among other appliances – has increased 50 times between today and 1971, even though India’s per capita residential electricity consumption is less than a third of the world average. Residential electricity now outpaces growth in industrial, commercial and agriculture sectors. This striking statistic is on the increase, as India moves towards one of the largest urban transitions in history in the coming decades. What is the implication of this transition for household electricity use, as the urban population grows and income levels rise? What do we know about how electricity is currently used in homes across the country? And what drives our dramatically changing consumption patterns?These questions form the basis of a series on residential electricity consumption, jointly authored by the Centre for Policy Research, New Delhi and the Prayas (Energy Group), Pune. The collected insights that formed the series are compiled in this document.
Topic:
Demographics, Energy Policy, Urbanization, and Electricity
Political Geography:
South Asia, India, and Asia

27. 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

28. 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

29. 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

30. 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

31. 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

32. Odisha Urban Sanitation Policy and Strategy 2017

Author:
Centre for Policy Research
Publication Date:
12-2016
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Over the past four years, the national policy environment and institutional response to sanitation have undergone a substantial change. The launch of the Swachh Bharat Mission (Urban) and Atal Mission for Rejuvenation and Urban Transformation (AMRUT) have catapulted sanitation into the league of priority sectors. In the backdrop of such developments, Housing and Urban Development Department under the Government of Odisha sought to revise the Urban Sanitation Strategy 2011 with the able support from the Centre for Policy Research (CPR) supported by the Bill and Melinda Gates Foundation. The revised Odisha Urban Sanitation Strategy 2017 and Odisha Urban Sanitation Policy 2017 make crucial strides towards the achievement of a Clean Odisha. The purview of the strategy has been expanded to address gaps in the entire sanitation value chain for the management of not only solid waste, but also liquid waste including faecal sludge/septage and menstrual hygiene. The revised strategy is grounded in the principles that have underpinned the Odisha government's efforts so far to provide the people with equitable and safe access to sanitation, along with establishing the most advanced sanitation infrastructure. Over the next ten years, concerned departments will work towards six objectives: (a) achieving open defecation free and (b) open discharge free urban areas; (c) effectively managing and treating solid waste; (d) ensuring that sewage, (e) septage/faecal sludge and liquid waste are safely treated and disposed; and (f) ensuring safety guidelines are followed in physical handling and management of waste. In addition, providing women and girls with safe access to menstrual hygiene has also been included as an objective in the revised strategy.
Topic:
Development, Health, Infrastructure, Governance, Public Policy, and Sanitation
Political Geography:
South Asia, India, and Asia

33. India: Meeting Energy Needs for Development While Addressing Climate Change

Author:
Radhika Khosla
Publication Date:
12-2016
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
India is undergoing structural urban and economic transitions and has set ambitious policy targets to meet its rising energy needs for development. Expanding coal and renewables are two important pillars of this undertaking and, since 2008, climate protection is of increasing concern. India’s international engagements reflect these motivations of both energy security and climate change, where India is increasingly engaging in transfer of clean and efficient energy technologies to developing countries like itself.
Topic:
Climate Change, Development, Energy Policy, Economic Growth, and Urban
Political Geography:
South Asia, India, and Asia

34. The Blind Men and the Elephant: Making Sense of China's One Belt One Road Initiative

Author:
Nimmi Kurian
Publication Date:
12-2016
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
China’s One Belt One Road Initiative has virtually been a lightning rod for divisive debate and a polarised narrative since it was announced in 2013. For India, it has been the proverbial elephant in the room, as it awkwardly swings between willful pretence and wishful erasure. The policy brief looks at the clues this initiative could offer on the likely drivers of China’s economic diplomacy in the region. There could be three signals for India to watch out for. A clear pointer is the growing role of domestic determinants in setting the direction and pace of China’s regional economic engagement. Another pointer could be China’s role in shaping and defining Asia’s new institutional financial architecture. Lastly, the initiative could be a signal of how China is likely to engage with the larger questions of benefit sharing, trade-offs and the allocation of risks and burdens in subregional Asia.
Topic:
Diplomacy, International Trade and Finance, Regional Cooperation, Infrastructure, Economic Growth, and Soft Power
Political Geography:
China, South Asia, India, and Asia

35. How Effective are Environmental Regulations to Address Impacts of Industrial and Infrastructure Projects in India

Author:
Krithika A. Dinesh, Meenakshi Kapoor, Kanchi Kohli, Manju Menon, and Preeti Venkatram
Publication Date:
11-2016
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
People around the world live in areas that have been altered for industrial, infrastructure or mining projects. Their lives and occupations are being negatively impacted by problems of access, encroachment or pollution. Though governments in many countries have regulatory procedures for implementing environmental and social safeguards that are applicable to such projects so that problems can be minimised or mitigated, the qualitative difference of such regulatory systems depends on the efficacy of their compliance safeguards. Typically, in countries where compliance is low, projects meant for development have also resulted in substantial environmental and social costs. Governments and investors fear the implementation of environmental policies and claim that these are bottlenecks or speed breakers to growth. Several new studies show that stringent compliance of environmental policies will neither affect competitiveness nor slow down GDP growth. On the contrary, it may result in bottom line benefits at the level of projects as well as sustain economic growth by enhancing efficiency and innovation. India promulgated a series of environmental legislations between 1980 and 2005 to ensure that environmental and social impacts of land use change, infrastructure development and industrialisation are kept in check and timely mitigation is undertaken. The laws establish detailed procedures for assessing the environmental impacts of the proposed projects that are likely to cause land use change. The laws also involve the laying of conditions that are attached to the approvals granted to these projects. These conditions are meant to mitigate or prevent damage or impacts to the extent ascertained by the project proponents and the government or regulator. Since the time these laws were first designed, there have been numerous amendments to them to change the scope of applicability of these laws, the time taken by regulators for decision-making and the sharing of responsibility between state and central governments in implementing these laws. However, one aspect of these laws that has seen minimal change is in their monitoring and compliance regimes. What happens to the projects once they are granted approvals? Do they comply with all the conditions imposed on them for mitigating or minimising environmental and social impacts? Who oversees these processes and what is the extent to which compliance is achieved? This report is the outcome of a research project undertaken to understand the efficacy of conditional compliance, institutional monitoring and enforcement of environmental regulations to address the impacts faced by communities living around industrial and infrastructure projects. The project identified the institutions responsible for monitoring and compliance under various environmental laws, their procedures and practices by which these roles are realised. While it has been known that government agencies and regulatory bodies hold the formal duties of monitoring, the project also focused on how affected communities engage these institutions for greater compliance and remedies in case of environmental and social impacts of various kinds, such as encroachment or damage to common or private property, loss of livelihoods and loss of access to public spaces. By analysing the efforts made by affected parties to engage with environmental institutions to craft remedies for existing environmental impacts, this research aims to highlight regulatory ingredients that are necessary for sound environment regulation and better outcomes through compliance. If translated into concrete policy on environmental monitoring and compliance, these lessons could address the chasm between enforcement of environmental regulations and the ever-growing difficulties of meeting environmental challenges.
Topic:
Environment, Industrial Policy, Natural Resources, Infrastructure, and Legislation
Political Geography:
South Asia, India, and Asia

36. Schizophrenic Subregionalism? Method and Madness in India’s Border Fencing Project

Author:
Nimmi Kurian
Publication Date:
04-2016
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
A problematic set of binaries stands at the heart of India’s narrative on borders, one that has rendered its political signaling contradictory as well as virtually unintelligible. India’s border fencing project is a stark metaphor of this conflicted discourse, perching uneasily as it were between the feel-good narrative of rethinking borders as bridges on the one hand and an almost pathological fear of open borders on the other. This binary is what characterises India’s schizophrenic subregionalism, a discourse virtually in morbid fear of itself. The paper argues that this twisted logic runs the risk of turning against itself to subvert India’s subregional project itself. Its political fate is also critically linked to the larger question of how India perceives its role in the region and the extent to which it prioritises subregional integration as a regional public good.
Topic:
International Relations, Border Control, Regional Integration, and Borders
Political Geography:
South Asia, India, and Asia

37. Flows and Flaws: Diverting the Debate on Water with China

Author:
Nimmi Kurian
Publication Date:
01-2016
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
China’s growing water thirst lends an urgency to understand China’s resource choices, the possible conditions under which it is likely to exercise these choices and the ripple effects these are likely to have across the borders. While overinterpretation and hysteria has tended to take the place of informed scholarship and media, India’s official narrative has largely tended to downplay many of these concerns. The paper argues that the debate has also unwittingly ended up being a single-issue debate fixated on water diversion, in the process inadvertently diverting attention away from other equally important issues. Can we frame the water debate with China in ways that can create institutional entry points for a whole set of missing issues that are currently invisible to the mainstream policy and research gaze? India and China’s willingness to begin a subregional conversation on regional public goods could pave the way to designing norms of benefit sharing, negotiating trade-offs, and allocating risks and burdens on collective goods and bads in the region.
Topic:
International Relations, Regional Cooperation, Natural Resources, Water, and Negotiation
Political Geography:
China, South Asia, India, and Asia

38. Macroeconomic Update: Early Signs of Rise in Investment

Author:
Geetima Das Krishna and Rajiv Kumar
Publication Date:
07-2015
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Economic recovery remains fragile on the back of a weak consumption demand. Sustained high growth will be achieved only with an upturn in the investment cycle. The government seems to have understood the importance of pump-priming the capex cycle directly through higher public capital expenditure and front loading the expenditure. While private investment remains muted due to stressed corporate balance sheets, weak external and domestic demand prospects and commercial banks’ cautious approach to expanding credit, there are some early signs that the private investment cycle is likely to turn around in the next six to nine months.
Topic:
Government, Economic Growth, Banks, Investment, and Macroeconomics
Political Geography:
South Asia, India, and Asia