Month: December 2021

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TECHNOLOGY

The recently notified Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules”) are the result of multiple calls over the last few years for the regulation of digital content platforms, particularly social media intermediaries, OTT platforms and digital news services. Three particular strands of concern have coalesced into these calls: the growing menace of fake news, that has on occasion even resulted in deaths; the proliferation of online streaming platforms carrying un-moderated content that on other media (cinemas, television) has been subject to reasonably stringent regulation; and the increasing anxieties expressed over the power of “big tech” firms such as Twitter and Facebook, raising the need for regulations to curb their influence.

The IT Rules have come under criticism since their launch, with complaints of regulatory over-breadth and overreach. As many as five petitions have been filed in court challenging the Rules. Common objections include traceability, automated content removal, and takedown requirements for intermediaries; and the role of the government in grievance redressal for digital media and online curated content providers. Most of these objections have been articulated procedurally: that in seeking to impose these regulations, the rules are ultra vires the parent Act because they exceed the scope of what it permits, especially in terms of content blocking and takedown, and regulation of digital media platforms. These procedural objections are important, because delegated legislation is legally enforceable only when it is within the ambit of what is permitted under the parent law. However, while adherence to process is essential, there is a need for a strong substantive argument as well.

Recent experiences have shown us that a government that has Parliamentary majority can easily overcome procedural hurdles. And Parliamentary approval is not a guarantee for better regulations: take the Cable Television Networks (Regulation) Act, 1995, enacted in response to judicial observations regarding the regulation of cable TV, which as a medium was as new to the country then as digital media and online curated content are today. It resulted in a Programme Code that is applicable to all TV content, which does not seem to have been subject to any serious scrutiny despite several provisions being extremely vague and problematic. It is this Programme Code that the IT Rules extend to online content as well.

The key to good regulation is taking a principled approach to the issue at large, rather than knee-jerk reactions to an immediate problem. In the past, courts have asked for stringent internet regulation only in response to PILs that have highlighted an immediate crisis: ads for pre-natal sex determination, rape videos circulating online, online content accused of hurting religious sentiments, etc. Even with the IT Rules, the apex court mentioned that the rules have “no teeth” and has called for a legislation as instead. The argument that the IT Act does not permit regulation of digital media and the same should be done through Parliament is necessary but not sufficient, because while it may stymie the present Rules, it does not consider the consequences of their provisions being translated into a law. Hence, it is fundamental to scrutinise these Rules on first principles.

What would this look like? Substantively, it would involve a nuanced exploration of Fundamental Rights, especially Article 19(1)(a) on freedom of speech and expression and look at whether restrictions being placed on them through the regulations are necessary, reasonable, and proportionate. Procedurally, they would engage with tenets of participatory democracy: wide-ranging consultations, with all stakeholders being given the opportunity to comment and all concerns being taken on board. Neither process seems to have been followed while drafting the present IT Rules.

If we look at the regulatory aspects of the IT Rules, they require firms to submit and comply, rather than appropriately incentivise conduct. This has also revealed new fears about how this regulatory approach can deter the exercise of individual rights, for the current course seems to indicate that the government is attempting – similar to its attempts with the Personal Data Protection Bill (“PDP Bill”) –to eliminate the power of digital firms through its regulatory muscle, instead of creating a stable Indian internet ecosystem that incorporates independent checks and balances. It is also important to note here that the new rules have been enforced without a strong data governance framework. Moreover, the I&B Ministry’s claim to regulate content under the IT Rules is contrary to modern practice, including the Indian experience, of having regulatory bodies independent from the Government.

The IT Rules are symptomatic of a new kind of regulatory ecosystem emerging in India, also reflected in the PDP Bill’s call for data localisation. Besides being devoid of a principle-based approach, they make it clear that political economy is at the heart of India’s internet regulation. Are they preliminary markers to a digital nationalism – an “aatmanirbhar bharat” that runs the risk of eliding the difference between the nation and the government in power? Should power over the internet be concentrated in the hands of the state, rather than individual users? Answers to these larger questions will come only from a deeper understanding of the political economy of the state. To get them, we must argue on first principles, and not just on procedure.

THE FIRST ARTICLE IN A FOUR-PART SERIES ON INDIA’S AIR POLLUTION IN THE HINDUSTAN TIMES
AIR POLLUTION ENVIRONMENTAL JUSTICE

The quality of India’s air needs to be addressed as a pan-India public health emergency. Air pollution was responsible for 12.5% of the total deaths in 2017, as per the most recent iteration of India State Level Burden Assessment. The World Health Organization reports nearly 100,000 deaths in infants to be attributable annually to air pollution in India. But deaths form only a part of the story — there is growing evidence of how it causes illnesses in nearly every organ of our body. It affects the elderly and babies still in their mothers’ wombs – newborns show traces of particulates in their blood stream. It affects all of us.

This article is the first of a four-part series by researchers at the Centre for Policy Research written in collaboration with leading air pollution researchers. We take stock of what we know about air pollution, and what we could do to improve the air quality in India. In this series, we focus on fine particulate matter (or PM2.5), a useful proxy indicator for air pollution. These particles — a complex mixture of solid and liquid particles, originating from different sources and comprising multiple chemical substances — are the most damaging, as they can penetrate the lung barrier and enter the systemic circulation. In this article, we will lay out four foundational facts about when, how much, and where we should worry about air pollution. In short, the answers are: most of the time, a lot, and all over India.

First, air pollution is a near year-round problem, even though we notice pollution much more during periodic spikes especially in winter (see figure). Many parts of India, especially in the Indo-Gangetic belt record poor air quality levels across the year. In 2018 (so far), PM2.5 levels were ‘poor,’ ‘very poor’ or ‘severe’ 56% of the time in Delhi (RK Puram), 49% in Patna and 32% in Kanpur. Conversely, it was ‘good’ for six days in Delhi, one day in Patna and 37 days in Kanpur. While it is understandable that we focus on the visible peaks, adverse health outcomes result primarily to high long-term exposure, not just pollution spikes. To understand the severity of the problem, we have to look at annual average levels of emissions.

Second, annual average emission levels in much of India are multiple times safe levels (see figure). Three quarters of India’s population lives in areas where levels of PM 2.5 exceed the Indian national standard of an annual mean of 40 microgram/m3. These norms themselves are four times the far lower levels recommended by the WHO (see figure). Big western cities such as London, New York City and Paris have air quality nearly at these levels, and make the news when some of their neighbourhoods exceed the WHO norms by a few microgram/m3. Our levels are not just somewhat higher but many multiples higher: 72 of 640 districts in India, primarily in Delhi, UP, Bihar, and Punjab, have annual averages 10 times the WHO levels. Even Beijing, infamous for its air pollution, had PM2.5 levels about half of Delhi’s in 2016. We often hear that India suffers from inadequate data and knowledge of air pollution. While India does indeed need much better data and more sensors – much of the data reported here is from satellite data – this uncertainty should not be a reason for inaction, since new monitors will only tell us what multiple above safe standards we are.

Third, air pollution is not just a city or industrial area problem but a regional problem. Satellite data shows that air pollution levels are especially poor across the entire Indo-Gangetic Belt stretching from Punjab and parts of Rajasthan in the west to Bihar in the east. To an extent, this is a curse of geography. Sandwiched between the Himalayas in the north, and the Vindhyas in the south, this belt becomes a virtual valley where outward dispersion is difficult. Thus, while cities contribute to their own air pollution through traffic, industry, and waste burning, they are also affected by emissions from the broader regional ‘airshed’. As a result, rural areas are frequently also polluted. In addition, emissions from cookstoves using solid fuels not only lead to high levels of indoor air pollution, but also account for an estimated quarter to a third of outdoor pollution. India is dealing with both modern sources of pollution such as industries and vehicles, as well as pollution from traditional practices such as cooking with firewood, and we need to tackle both.

Finally, PM2.5 levels have been growing. Across Punjab, pollution levels nearly doubled between 1998 and 2016. It is sobering that India’s air quality is worse than China’s even while its GDP (PPP) per capita is less than half that of China. Clearly, the environmental quality of India’s growth is not sustainable.

Any serious plan to mitigate air pollution has to be long-term in nature, target multiple sources, operate year-round, and focus on regions rather than cities. In subsequent articles, we describe the impact of air pollution on health, explore the different sources of air pollution and conclude with a reflection on an approach to air pollution across India.

Santosh Harish is a Fellow at the Centre for Policy Research. Navroz K Dubash is a Professor at the Centre for Policy Research. 

This article is the first in a four-part series on India’s air pollution. The original article, which was published in the Hindustan Times on December 19, 2018, can be found here. For more information on CPR’s work on air pollution, visit the Clearing the Air? project page. 

In this Series:

Understanding the curse of air pollution (1/4)

Public Health in India a Casualty of Air Pollution (2/4)

Delhi Has a Complex Air Pollution Problem (3/4)

Air pollution: India’s waking up, but there’s a long way to go (4/4)

CO-AUTHORED BY PARTHA MUKHOPADHYAY AND MARIE-HÉLÈNE ZÉRAH
URBAN GOVERNANCE

This policy research working paper presents the results of an investigation of selected census towns in northern India. Census towns are settlements that India’s census classifies as urban although they continue to be governed as rural settlements. The 2011 census featured a remarkable increase in the number of census towns, which nearly tripled between 2001 and 2011, from 1,362 to 3,894. This increase contributed to nearly a third (29.5 percent) of the total increase in the urban population during this period.

Only part of this evolution can be attributed to the gradual urbanisation of settlements in the vicinity of larger towns. Instead, the majority of census towns appear as small ‘market towns,’ providing trade and other local services to a growing rural market. The case studies of representative census towns in Bihar, Jharkhand, Orissa, and West Bengal show the role of increased connectivity and growing rural incomes in driving the demand for the small-scale and non-tradable services, which are the main sources of non-farm employment in these settlements.

The case studies also reveal that the trade-offs between urban and rural administrative statuses are actively debated in many of these settlements. Although statistical comparisons do not show a significant impact of urban or rural administrative status on access to basic services, urban status is often favored by the social groups involved in the growing commercial and services sectors, and resisted by the residents still involved in the traditional farming sectors.

The full policy research working paper can be accessed here.

BOOK CHAPTER CO-AUTHORED BY EESHA KUNDURI
URBAN ECONOMY

Context:
Women’s migration has typically been understood as a relational phenomenon, where women are generally seen to be migrating for marriage or as accompanying family members (according to data from the Census and the National Sample Survey). This has been acknowledged as a key shortcoming in the way macro-data captures women’s migration, owing to the nature of the data which attributesonly a singular reason for migration.

Recent studies, however, have suggested that even if women migrate with families or due to marriage-related reasons, livelihood options at destination are factored into by households as part of their migration decisions.

Therefore, migration in general and women’s migration in particular, is complex and multi-faceted, and there is a growing recognition to unpack the nuances of people’s lived experiences of it. In light of this literature, and in the context of low workforce participation rates for women in Delhi (about 10.7 % as per 2011-12 data from the National Sample Survey), researchers Eesha Kunduri and Sonal Sharma decided to engage more deeply with work-life histories of women migrants. The objective of the research was to provide insights into women’s own assessment of their work in the city, and their hopes and expectations from it, since often these apsects are paid scant attention in meta-narratives of gendered work, occupations and migration.

How was the research conducted?
The research draws upon fieldwork among 40 women workers in informal housing settlements around two industrial estates in Delhi: Patparganj in East Delhi and Wazirpur in North-West Delhi. The qualitative data is complimented by insights from a sample survey of 317 workers: 77 female and 240 male workers.
Key findings:

The women interviewed mostly migrated with their husbands or a male household member, and started working out of the realisation that one member’s earnings were not sufficient to sustain in the city.

Typically, the women’s earnings averaged between 4000 and 5000 rupees a month, about a half of what male workers earn.
Women were found to be relegated to tasks on the lower end of the occupational hierarchy, such as removal of excess thread from clothes, in packing, labelling, etc. and as home-based workers (industrial outworkers) undertaking work such as sewing on the sides of jeans, taping of speaker components, putting threads into bookmarks, etc.

While these are precarious employment scenarios, what was notable was a strong sense of self-perception that women expressed with regard to their work and earnings, and a sense of freedom in city spaces. They commented on the sense of independence that their earnings, howsoever meagre, allowed them to have, including meeting small, everyday expenses by themselves, and in some cases, extending support to their children’s education in the city.

Interpreting the findings:
Kunduri and Sharma argue that women’s strong self-perception is related to the opportunities to be mobile in the city. The women workers in the study looked at the city as a space of freedom, especially when compared to the strict norms that governed their movements back in the village. Particularly, for the upper caste women guided by customs of ‘veiling’ (ghunghat) in the village, being able to step out of their home for work, to go to the market, and so on, was an enabling experience.

Women also reported about being able to enjoy leisure time in the city, which included activities like watching television, and chatting with other women in the neighbourhood. Home-based workers especially were seen to be working together in groups in courtyards or outside of tenement settlements, indicating the opportunities for socialisation.

Such everyday practices, the authors argue, also enabled women to cultivate networks that helped them to cope with the uncertainties of urban living, and also served as entry points for finding work opportunities.

However, it was also seen that localities that were relatively more homogenous in term of residents’ regional origins, caste and community backgrounds often reproduced village-like restrictions on women’s mobility, in comparison to more heterogeneous localities which women found liberating.
An overall analysis suggests that mobility as a concept needs to be understood in its subjective dimensions cutting across social, spatial, economic aspects. The micro-narratives of freedom in the city, in relation to the village, particularly offer critical insights in this regard.

The book, Land, Labour and Livelihoods: Indian Women’s Perspectives, which includes the chapter by the authors, ‘Here, We Are Addicted To Loitering’: Exploring Narratives of Work and Mobility Among Migrant Women in Delhi, can be accessed at the publisher link here.

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SANITATION

As the country heads into the second phase of the Swachh Bharat Mission (SBM 2), the district of Dhenkanal in Odisha is piloting an innovative approach to ensuring district-wide achievement of Solid and Liquid Waste Management. Access to a toilet facility has increased manifold under the aegis of the Swachha Bharat Mission putting India on the global map of sanitation leaders among developing countries. Recognizing that the outcomes of improved sanitation cannot be sustained without the safe management of faecal waste beyond the toilet, SBM 2 emphasis ODF sustainability, Faecal Sludge Management, Solid Waste Management and Greywater Management. The state of Odisha has already emerged as a pioneer in urban FSM, and with the recent issue of its state-level Rural Sanitation Policy, 2020, the state is set to lead the path for rural FSM and SLWM as well.

Building on this momentum and in line with the state- and national level imperatives, the Panchayati Raj and Drinking Water Department, Government of Odisha, in partnership with UNICEF and the Centre for Policy Research under its initiative, Scaling City Institutions for India: Water and Sanitation (SCI-FI), is undertaking a Pilot Project on ‘Solid and Liquid Waste Management (SLWM) in Rural Areas of Dhenkanal District’.

The Project will demonstrate two approaches to FSM and SLWM service delivery for rural areas in the district that hold lessons for the state- and nation-wide scale-up of FSM and SLWM services. The first will systematize urban-rural convergence for Faecal Sludge Management by formally ‘plugging in’ Gram Panchayats (GPs) located within 10 km radius from the Dhenkanal Urban Local Body to the urban Faecal Sludge Treatment Plant (FSTP). The second, focusing on rural areas outside of the plugging-in boundary, will create clusters of GPs for SLWM planning and service delivery, as well as, demonstrate a Greenfield SLWM system in one of the identified clusters. Furthermore, the Project will develop a novel District Sanitation Plan, covering all aspects for successful SLWM interventions, including IEC, Capacity Building, Technology Selection, among others.

The District Administration of Dhenkanal in collaboration with the UNICEF and the SCI-FI team, formally launched the initiative on urban-rural convergence for FSM on September 29, 2020, via videoconferencing. Kicking off the proceedings, Project Director, District Rural Development Agency (DRDA), Dhenkanal, stated, “Dhenkanal Municipality has become a model for pioneering faecal sludge and septage management in the country. Our priority is to extend these urban facilities to the rural areas to improve the quality of life of the rural populace.”

Ms Monika O. Nielsen, Chief of Field Office, UNICEF Odisha remarked, “UNICEF is delighted to demonstrate the operationalization of the Policy through the Pilot Project on Solid and Liquid Waste Management in Rural Areas of Dhenkanal District with the Centre for Policy Research”.

Praising the Project’s two-pronged approach to enabling district-wide as highly unique, comprehensive and relevant for state and nation-wide efforts on SLWM in rural areas, Mr Sujoy Majumdar, WASH Specialist, UNICEF said, “We are certain that the Project will not only enable Dhenkanal to emerge as one of the first districts in India to have ‘safely managed sanitation’, but also show the path for many more districts and states”.

Shubhagato Dasgupta, Senior Fellow and SCI-FI’s Project Director, said, “I am happy that today’s workshop will pave the way for the success of urban-rural convergence on SLWM under the committed leadership of District Collector, Dhenkanal, with the active participation of other stakeholders in the district including the Urban Local Bodies and Panchayati Raj Institutions”.

The District Administration expressed whole-hearted support to the Pilot Project with the Collector and District Magistrate, Dhenkanal District, informing that processes are currently underway for signing an agreement with the Dhenkanal Municipality to formalize the urban-rural FSM convergence for service delivery in rural areas.

The Launch concluded with the Additional Project Director, DRDA, Dhenkanal affirming that the Project will immensely benefit the district’s rural population and thanking all the Project Partners.

For further information and to schedule interviews with the concerned stakeholders, please write to sci-fi@cprindia.org or shubhagato@cprindia.org or hrudananda@cprindia.org or pooja@cprindia.org