Understanding Economic Processes in Small Towns

PART 4 OF A SERIES OF INTERPRETATIONS DRAWING ON A NEW BOOK ON SMALL TOWNS

 

In this interview, Eric Denis, Director of Research at Géographie-cités lab, CNRS, Paris, discusses some of the varied processes characterising small town economics.

What kind of economic processes do we see emerging in small towns?

We can summarise the multiple and complex economic processes playing out in small towns into four broad types. Locally, these four ideal-types are interlaced with each other:

  • Small towns are incorporated into metropolitan and large cities,
  • Small towns are entrepreneurial, resilient and innovative localities,
  • Small towns are ordinary market towns,
  • Small towns are large villages that expand and grow including a work-force moving away from the farm sector.

What are the main characteristics of small towns under the influence of metropolitan expansion?

There are a number of places that are growing due to the diffusion and re-localisation of economic activities in the peripheries of large cities – both of these activities are in a phase of rapid expansion.

Diffusion: A heterogeneous amalgam of investments in infrastructure, real estate, commercial ventures, industrial parks and educational institutions surround small towns, which, in turn, become central places, i.e., nodes and sites of agglomeration and not just for accessing markets and services. In this case, the agency of local actors is limited. The urban transformation depends of such localities depends on their attractiveness seen in terms of:

  • Accessibility and location (new roads, mass transportation, etc.),
  • Cost of land,
  • Local tolerance to pollution,
  • Availability of a labour force and its willingness to accept the offered working conditions, often characterised by low wages, daily contracts and a weak level of unionisation.

Often, the weakness of the local government in enforcement, with its limited capability, becomes an added advantage in terms of attractiveness.

Over time, however, the physical planning of metropolitan regions, megaprojects, Special Economic Zones (SEZs) and real estate promoters’ appetite for new land opportunities can be destabilising factors for existing flourishing clusters of activities that depend on intensive workforce, inherited knowledge and local capital (such as the Kartarpur furniture industry in the periphery of Ludhiana, discussed in chapter 18 by Rémi de Bercegol and Shankare Gowda).

For example, India, which recently opened its doors to Foreign Direct Investment, has limited availability of large tracts of lands within large cities. Here, much of the globalisation related investment is occurring in peri-urban areas. This is where megaprojects such as SEZs materialise. Hence, often banal and polluting activities are de-concentrated from the city centre to these peripheral small towns alongside industrial development parks.

Re-localisation: Daily commuters constitute the second component of vibrant small towns around large cities. Their circular migration (i.e., not a permanent movement to the city but periodically going back and forth from a place of residence, which can be for short periods of time, or even daily commuting) towards jobs within the city transforms the small towns bringing in new households, mostly young people, who cannot find affordable housing in the core city. They stimulate a diversification of local economies and alter the local political equilibrium. The youth of small towns, notably those who have access to technical colleges, are also more engaged in commuting. This daily circulation tends to adjust itself as major firms relocate their factories and offices to peripheral parks, thus ensuring that circular migration comes full circle as people from the core city start commuting to the periphery.

What are the conditions of emergence, expansion and adaptation to change of entrepreneurial and innovative towns?

Outside the direct influence of metro cities, there are many vibrant small towns. This is due to a strong and often fast growing network of entrepreneurs and skilled workers who contribute to the development of industrial clusters. They are able to expand their market, adapt to change, and innovate.

Small and medium towns prove to be interesting locations to set up and develop productive activities, particularly in response to the immense demand constituted by the vast majority of Indian families that do not belong to the middle and upper urban class. In these locations, entrepreneurs innovate to create low cost products that respond to the specificities of the non-metropolitan environment with solid and rustic equipment that is easy to operate and repair using local skills. It is an environment of jugaad, by which we mean doing more with less. Such innovative products, notably vehicles adapted to bad roads and difficult weathers, are not just limited to the Indian customer base as some small companies even manage to export to other emerging low cost markets such as Africa (see Chapter 19 by Yann Philippe Tastevin for rig drilling trucks in South India).

Apart from industrial activities, these towns also provide locations for the establishment of technical colleges, which recruit beyond their local geography. Often, some of these towns do not grow in an isolated manner but belong to a group of small towns, co-specialising in a sector. This is also the case for more traditional activities, such as textile or leather industries, that are similarly integrating into the global value chain and up-scaling.

Besides the vibrant small towns, what constitutes the majority of small towns where most of the non-metropolitan urban citizens live?

These are of two broad types, as indicated earlier.

First, ordinary mandi or market towns.  These cater to the needs of the rural areas in their hinterland constitute a large proportion of small towns. Many of these towns have historically been market towns or administrative centres. Depending on their administrative functions (whether they are home to a block office or a police station, etc.), and the dynamism of local agriculture (such as the nature of production and volume of cash crops), they can be more or less dynamic.

Second, emergent census towns. With a decline in farm employment, people have to generate incomes with access to minimal resources. This is how mandi towns as well as large villages, become more diverse.  More of the labour force opens petty shops, becomes daily workers in the construction sector or at brick kilns – either locally or in other towns through seasonal migrations. In turn, their remittances stimulate the morphing of their place of origin.

This morphing, which occurs in villages gives rise to growth in the number of census towns, as the workforce shifts away from non-farm work. In this case, the local economy tends to move away from agricultural activities as in the settlements above. However, here, there is no previous history of urban-like activity such as administration or regional markets. As such, the emergence of these census towns is not supported by the presence of a local elite related to the presence of a market, educational or administrative functions, but markets do emerge.

These emerging urban areas, smaller than the towns referred to above, consolidate and diversify because there is a need for their population to create new activities and access resources through self-employment and mobility. These settlements, therefore, also often serve as local transport hubs assisted by improved rural roads and a growing access to vehicle finance from formal banks.

Is this typology airtight or do some small towns straddle these different ideal-types?

None of the types of small towns described above exists in a pure configuration. Each one is the product of multiple influences carried by an increasingly diverse population, which is often well connected with distant places.

The multiplication of small towns and the urban transformation of villages constitute the material expression of the current socio-economic transition in India that is characterised by important reduction of jobs in the farm sector and poor creation of employment in the industrial sector, associated with a limited level of residential migration towards large cities. Many of these emerging small urban centres are places where people struggle daily to access resources but prefer to stay in a known environment where local values of solidarity support them.

The other pieces in the series can be accessed below:

Understanding homelessness in Delhi through the voice of the homeless

WORKING PAPER FROM CPR’S NEW PROJECT UNDERSTANDING METROPOLITAN HOMELESSNESS BY ASHWIN PARULKAR
URBAN ECONOMY RIGHTS

This working paper from CPR’s and TISS’s (Tata Institute of Social Sciences) Understanding Metropolitan Homelessness project tells stories of six migrant homeless men from Uttar Pradesh and Nagaland who live, for various durations, in shelters along the western bank of the Yamuna river in North Delhi, locally referred to as ‘Yamuna Pushta’. Through tracing their journeys from villages and towns to Delhi’s streets, the paper explores how these men became homeless and how they survive homelessness in Delhi.

This project, which is funded by ICSSR (Indian Council of Social Science Research) and is being conducted by CPR and TISS, is led by Partha Mukhopadhyay and Ashwin Parulkar at CPR, and Tarique Mohammed at TISS. A key objective of the project in general, and this paper in particular, is to better understand the structural causes of homelessness (e.g. poverty, unemployment) and how these are interlinked – through capturing the lived experiences of the homeless in their voice. This research aims to inform successful policy and implementation responses to address the current ineffectiveness of outreach efforts to homeless people in Delhi, despite interventions by the Supreme Court and support schemes designed by the government.

The six stories in the paper uncover conditions, and combinations, of extreme poverty and physical abuse experienced by these men in their native places before they left home. It traces how they secure jobs, and survive, in daily wage, informal economies without housing, as well as access social services like shelter, health and drug de-addiction programs to endure the streets of Delhi.

According to a 2010 United Nations Development Programme (UNDP) survey, 87% of nearly 55,955 homeless adults worked jobs in the informal economy, entailing ‘the most rigorous activities which are essential for movement and building in the city.’ This paper describes in detail the varied experiences these six men have in such jobs that they find through contractors in informal labour ‘markets’ (mandis); as cooks and servers in small eateries (dhabas), and as wedding catering party workers.

Through their trajectories, Parulkar also explores differences between working homeless men who return home to support families and those who have no ties with their native places and live on the streets indefinitely. For a sense of how these men became homeless and the work conditions they experience while homeless, listen to audio samples of interviews (above) conducted during field research.

The full working paper can be accessed here.

Understanding India’s bureaucracy through the IAS officer

BLOGS BY T R RAGHUNANDAN OF THE ACCOUNTABILITY INITIATIVE
POLITICS BUREAUCRACY

Accountability Initiative at CPR deconstructs the Indian bureaucracy through the IAS (Indian Administrative Service) officer in a series of blogs by T R Raghunandan, a former bureaucrat himself, (referred to as Raghu here on) summarised below:

In the blog Uneasy Lies the Head that Wears the Additional Crown, Raghu breaks down the hierarchy of the Indian bureaucracy, explaining the various designations at different levels, and what these mean in terms of the power wielded.

In the next blog, taking off from the introductory one, Raghu details the Bureaucratic Review Process, unpacking the elaborate appraisal system, which is designed to ensure that the best talent reaches the top.

The third blog, How Commonplace is ‘Outstanding’?, explains how the gradation of officers during the review process is carried out; the hurdles in it; and the common use of ‘outstanding’ for 90 percent of the officers, reflective of the bureaucracy’s avoidance of confrontation in its internal dealings.

In the following two blogs, A Digression into Ethical Dilemmas and Ambition, Ethical Dilemmas and the Bureaucracy, Raghu shares his views on the ethical factors, which are likely to render ineffective a peer based confidential appraisal system–part of a new set of changes introduced.

In the last two blogs on this topic, The Loneliness Of The Ethical and How Honest Is Honest?, Raghu shares examples of the ‘loneliness of those who take an ethical stand, in the face of large numbers of those who do not’, and explains why a ‘shared understanding of what integrity is’, and a ‘culture of acceptance of honest criticism up the hierarchy’ (both currently lacking) are pre-requisites for a system of 360 degree appraisal to work as intended.

Understanding India’s Energy Transition in Global Context

FULL VIDEO OF PANEL DISCUSSION AS PART OF CPR DIALOGUES

 

Watch the full video of the panel discussion on ‘Understanding India’s Energy Transition in Global Context’, organised as part of CPR Dialogues, featuring Michael Grubb, Navroz K Dubash, Radhika Khosla, Ashok Sreenivas, chaired by Ajay Mathur.

India faces three substantial challenges in the coming decades with enormous implications for its future energy demand. First, India has yet to provide clean cooking energy to 800 million people, and electricity access to 200 million people; failure to achieve this will dramatically reduce the human development possibilities for vast numbers of Indians. Second, India has to create jobs at pace with our shifting demography, which cannot happen without more and better power – electricity demand is likely to at least double in the next fifteen years at a time when clean energy is rising up the national and global political agenda. Third, the quality and form of India’s urban transition has enormous implications for energy needs.  Managing these simultaneous pressures poses a severe challenge because India has to transform to the energy sector of the 21st century even as we grapple with 20th century problems of waste, theft and unreliability.

Moreover, India’s energy transition is taking place within a larger global energy context, which will shape available supply options. Globally, the steep fall in price of renewable energy technologies has sparked a conversation about how, not when, economies will transition to a predominantly renewable energy future. However, the transition costs and challenges are potentially substantial and hotly disputed. Moreover, global oil and gas economics and politics have been cast into uncertain territory with the development of shale oil and gas technologies. And not least, the imperative of addressing climate change in the face of ever more dire warnings by the Intergovernmental Panel on Climate Change hangs like a shadow over global energy futures, and in particular puts pressure on an expansion of coal-based energy.

Historically, India has viewed pressures to mitigate climate change, in particular, as a threat to development. And indeed, India’s energy needs remain substantial, and any pressures to absolutely limit energy use or increase the costs of energy will have negative social and economic effects. At the same time, India is grappling with many other challenges that could also be solved by judicious shifts toward energy efficiency and cleaner energy: energy security due to import dependence in oil could be mitigated by renewable powered electric cars; congested cities could be cleared by energy-saving public transport; and air pollution could be mitigated through energy efficiency and renewable energy. The question before India, therefore, is whether India can productively leverage global energy trends through a judicious mix of demand and supply approaches even while meeting its own energy needs? Or do these trends pose a challenge to India as the country expands energy use in service of development?
From one perspective, rapid global change provides an opportunity: India has yet to lock into technologies and institutional paths that were designed for coal, oil and centralized power, and can build an energy and electricity system better suited for the 21st century. From the other, negotiating a complex technology and institutional transition, while dealing with the overhang of 20th century energy problems of low access and weak and inefficient systems, seems only to be a challenge.

This panel explored to what extent India’s energy transition, in the context of a global energy transition, provides opportunities versus throws up challenges, and what India can do to effectively negotiate this transition.

Ajay Mathur is Director General, The Energy and Resources Institute (TERI).

Michael Grubb is Professor of Energy & Climate Change, Bartlett School Environment, Energy & Resources, Faculty of the Built Environment, University College London.

Navroz K Dubash is a Professor at CPR.

Radhika Khosla is Research Director, Oxford India Centre for Sustainable Development, University of Oxford and Visiting Fellow, CPR.

Ashok Sreenivas is Senior Fellow at Prayas (Energy Group).

The question and answer session that followed can be accessed here.

Key takeaways about the Dialogues by Michael Grubb can be accessed here.

Watch all other sessions of the Dialogues below:

Understanding Informal Models of Septic Tank Emptying Services: Case Studies from Four Cities in India

FULL VIDEO OF CORP SEMINAR

 

Watch the full video (above) of the recent CORP seminar discussing the private septic tank emptying sector in India through case studies, in-depth ethnographic work and projections of business models.

Tarun Sharma discusses the market for private septic tank emptying services in the three cities of Dehradun, Jaipur and Bhubaneshwar, while Marie-Helene Zerah and Sweta Xess discuss the findings of a deep-dive ethnographic study of these operators in the peri-urban settlement of Aya Nagar (near the Delhi-Gurgaon boder). Finally, Anindita Mukherjee and Prashant Arya present the results of a projection exercise showing the progressive impact that regularisation and formalisation would have on the operations of these enterprises.

The presentation and the subsequent discussion dwelt on the need, and potential consequences of, regularising an informal sector with broad public health implications, the role of manual scavenging in such enterprises and the hidden costs of labor, and the need to understand the fundamental role that caste and community identities play in this particular kind of work.

Marie – Hélène Zérah is a Research Fellow at CESSMA (Centre d’études en sciences sociales sur les mondes africains, américains et asiatiques) / IRD (Institute of Research for Sustainable Development) deputed to the Centre for Policy Research.

Sweta Celine Xess is a Research Associate with the Centre for Policy Research.

Tarun Sharma is Director and Co-founder of Nagrika, a social enterprise focused on the issues of small and mid-sized cities.

Anindita Mukherjee is a Senior Researcher at the Centre for Policy Research working in the project, Scaling City Institutions for India (SCI-FI): Sanitation.

Prashant Arya is a Research Assistant with the Centre for Policy Research.

The question and answer session that followed the seminar can be accessed here.

Understanding Land Acquisition Disputes in India

CPR-LAND RIGHTS INITIATIVE REVIEWS SUPREME COURT CASES ON LAND ACQUISITION FROM 1950 TO 2016
RIGHTS LAND ACQUISITION

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.

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.
Watch (above) a detailed presentation of the findings from the report.

Understanding Land Conflict in India and Suggestions for Reform

AS PART OF ‘POLICY CHALLENGES – 2019-2024: THE BIG POLICY QUESTIONS FOR THE NEW GOVERNMENT AND POSSIBLE PATHWAYS’
CPR LAND ACQUISITION

By Namita Wahi

An estimated 7.7 million people in India are affected by conflict over 2.5 million hectares of land, threatening investments worth $ 200 billion.1 Land disputes clog all levels of courts in India, and account for the largest set of cases in terms of both absolute numbers and judicial pendency. About 25% of all cases decided by the Supreme Court involve land disputes, of which 30% concern disputes relating to land acquisition.2 Again, 66% of all civil cases in India are related to land/property disputes.3 The average pendency of a land acquisition dispute, from creation of the dispute to resolution by the Supreme Court, is 20 years. Since land is central to India’s developmental trajectory, finding a solution to land conflict is one of the foremost policy challenges for India.

Understanding Incidence and Pendency of Land Conflict in India

Legislative and administrative factors are responsible for the high incidence of legal and extralegal conflicts over land, and judicial factors are behind the pendency of land disputes. Competing historical and current policy narratives of property rights over land, have resulted in the coexistence of numerous, conflicting laws leading to legal disputes over land. This is the legislative factor. This problem is compounded by administrative failure to comply with the rule of law. This is the administrative factor. The pendency of conflict, in turn, is a result of legal and evidentiary barriers in bringing land disputes to court, largely due to administrative and judicial incapacity; this prevents expeditious resolution of land disputes. This is the judicial factor.

Conflicting narratives, policies and land laws create land disputes

There are two conflicting narratives about ownership and management of land in India. The first narrative – inherited from the British colonial state5 – views common land, or land that is not privately owned, as merely a commodity, no different from labour and capital, with the state as the ultimate owner.6 This claim to ultimate ownership gives the state the power to redistribute land at will, as largesse to selected beneficiaries.7 Such state acquisition of land has historically been the source of considerable dispute. According to estimates by CPR’s Land Rights Initiative (LRI), these disputes constitute 30% of all land litigation in the Supreme Court over the past 70 years. LRI’s comprehensive study of land acquisition litigation before the Supreme Court over a 66-year period, from 1950 to 2016, reveals that all litigation is with respect to privately held land. In contrast, data from the Land Conflict Watch project reveals that the vast majority of current, on-ground, extralegal conflict over land is with respect to common lands.8 Thus, it is clear that in the face of state acquisition of land, when people have legally recognized land rights, they go to court. Where their rights are insufficiently recognized by law, they protest on the ground.

The second narrative – articulated by the ‘people’, including farmers, both landowners and tenants; and other traditional communities, such as cattle grazers, forest dwellers, tribals and fisherfolk – views land as an economic, social and cultural resource over which multiple groups exercise property rights. Usually, after intense on-ground contestation, the property rights of certain groups like Scheduled Tribes (STs)and tenants have been protected by the Constitution9 and statute,10 while in case of other groups like fisherfolk,11 their rights are protected by custom and, often, executive action.

As a consequence of these two historically competing policy narratives, the constitutional, legislative and administrative framework governing land is as fragmented as the land holdings in India.12 Enacted at different points of time, land laws clash with each other, because they seek to articulate in law these two competing narratives. For instance, the provisions of the Forest Rights Act, 2006, are in conflict with those of the Indian Forest Act, 1927, and the Forest Conservation Act, 1980, and are also threatened by proposed amendments to the Indian Forest Act.13 Legal conflicts also arise when laws are enacted or amended at different times to appease different stakeholders. For instance, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act has, in the five years since it came into force, been amended by seven state legislatures.14 This will likely create more legal disputes with respect to land acquisition, because the original RFCTLARR Act provisions had been included with a view to addressing growing conflict over land acquisition.15 Moreover, in many states, we find laws that provide for eviction of unauthorized occupants over public lands coexisting with laws that provide for regularization of unauthorized occupation, thereby creating potential for dispute/conflict at the level of law itself.16

Finally, the legislative landscape is complicated by the fact that many subjects pertaining to ‘land’ are in the ‘state’ and ‘concurrent’ lists of the Constitution, leading to a multiplicity of original and active land laws.17 Yet, there is no official comprehensive database of all land laws in India. A first of its kind, ongoing LRI study estimates that India has over a thousand original and active central and state land laws.18

The problem of ‘multiple laws’ is exacerbated by the fact that these laws are administered by numerous government ministries at the central level, and departments at the state level. These include, for instance, the ministries of Law and Justice, Rural Development, Mining, Industries, Infrastructure, Urban Development, Tribal Affairs, Home Affairs and Defence.

Administrative non-compliance with law also creates and prolongs land disputes

Where laws are clear, disputes and conflicts arise because of administrative non-compliance with the rule of law due to both unwillingness and incapacity. The LRI study of all Supreme Court cases on land acquisition during 1950-2016 shows that 95% of the disputes arose because of administrative non-compliance with the legal procedure for acquisition of land, including the process of computation of market value compensation for land acquired.19 Around 34% of the disputes involved irregularities in completion of the procedure for acquisition. Almost half of such cases concerned with procedural irregularities involved administrative unwillingness to comply with the rule of law. The remaining half of the cases involved administrative incapacity to comply with the rule of law, in part because of governmental failure to regularly update administrative manuals based on changes in the law. Moreover, the government was more likely to lose than win these land disputes before the Supreme Court.20

Additionally, since colonial times, land in India has been broadly administered by the revenue and forest departments. But there have also always existed disputes between both departments as to which land belongs to which department. This in turn creates and prolongs land disputes.

Finally, legal disputes over land are also created by evidentiary barriers for establishing rights over land in the absence of documentary proof21 because of outdated/no land surveys22 and inaccurate/outdated land records23 in most states. The Department of Land Resources has sought to resolve the problem of inaccurate land records through the ‘Digitisation of Land Records Modernisation Programme’. However, unless the government makes a serious attempt to update land records on the ground to reflect the property rights of all landowners, digitizing them would not eliminate the problem of inaccurate land records.

Judicial reasons cause pendency of land disputes

Once a land dispute goes to court, serious judicial incapacity leads to pendency of disputes. First, a major cause for pendency of all disputes is India’s low judge-to-people ratio.24 Land cases form more than half of all civil cases and constitute over a quarter of cases before the Supreme Court; they also have the longest pendency compared to other cases. Hence low judge-to-people ratio particularly prolongs resolution of land disputes. Second, the judiciary, particularly at its lowest levels, lacks the financial, technical and infrastuctural capacity necessary to resolve disputes quickly.25 Finally, poor enforcement of court decisions by the government, and limited judicial capacity to follow up on such enforcement, especially when such decisions go against the government, also lead to prolonging of land disputes.

Policy Recommendations for Reducing Incidence and Pendency of Land Disputes

Eliminate legal conflicts. No government has ever attempted an exercise to rationalize existing land laws. But this is the need of the hour. The Law Ministry and Law Commission are best positioned to conduct or commission such an exercise. This would involve, first, the creation of an exhaustive database of all land laws in India. Once such a database of laws is created, the Law Ministry and Law Commission must identify, and Parliament must repeal, laws that deny rights of certain groups of people, particularly women,26 and eliminate genuine conflicts between laws.

Improve administrative willingness and capacity to implement the rule of law: The government must take steps to ensure greater administrative capacity and willingness to implement the rule of law. In addition, we need greater coordination between government departments dealing with land, transparency of land administration, and better access to land data. This can be achieved by undertaking the following measures.

The Department of Land Resources, currently under the Ministry of Rural Development, is the nodal agency for coordination of land policy across states. But land is not merely a rural concern. As India becomes increasingly urbanized, the government needs to have a more comprehensive imagination of land requirements for rural and urban populations. The creation of a separate Ministry of Land to serve as the nodal agency for coordinating land policy across different types of land is critical.
There needs to be a coordinated effort between the Ministry of Law and Justice, Department of Land Records, Ministry of Environment and Forest, Ministry of Tribal Affairs, state boards of revenue, and state forest departments to resolve conflicting land laws and streamline land administration.
All government departments dealing with land, and particularly those involved in land acquisition, must update administrative manuals in accordance with changes in legislation and judicial precedent.
Through dedicated interdepartmental meetings and other coordination, government must resolve land boundary disputes between the revenue and forest departments.
The government must devote financial and technical resources to conduct land surveys and update paper records to reflect property rights of all the people, as opposed to digitization of existing records that are substantially inaccurate.
The government must ensure better skills training so that officials dealing with land have both the knowledge and the capacity to implement the rule of law. Institutional mechanisms should be designed to incentivize compliance with, not defiance of, the rule of law.
Given the low success rate of government appeals, the government must carefully evaluate the likelihood of success of an appeal before pursuing it. Government officials must be incentivized to not appeal cases that have little likelihood of success following such an evaluation. This would go a long way in reducing pendency of land disputes.
The government must wholly commit to transparent land administration and comply with its obligations under the Right to Information Act, 2005, to make digitally accessible all land laws, executive notifications, rules, circulars, etc. pertaining to land administration. In addition, the government must open up to public scrutiny departmental data on compliance with land laws.
In addition to legislative and administrative reforms, judicial reforms can go a long way towards reducing the pendency of land litigation in India. The first step in this direction would be the implementation of key recommendations of the Law Commission.27 These include:

Changing the base for determining sanctioned posts for judges from ‘Judge: Population Ratio’ to ‘Rate of Disposal Method
Filling up all existing vacancies
Increasing the retirement age of subordinate judges to 62; and those of High Court and Supreme Court judges to 65 and 68 years respectively.
Greater financial allocations to the lower and higher judiciary, to enable infrastructure, technical and skills upgradation
Some states like Bihar have created separate land tribunals for expeditious resolution of land revenue cases. This model should be studied, and if found effective, should be replicated in other states.

Conclusion

Land conflict in India, both legal and extralegal, has existed from colonial times because of the imposition by the British state of the notion that all land not privately held belongs to the ‘state’. This concept has been continuously resisted by the ‘people’ who were disempowered by the colonial state’s deprivation of their legal property rights under precolonial administration. Over time, competing ‘state’ and ‘people’ narratives over land have led to conflicting policy and legal interventions. This has, in turn, led to legal disputes over land. Even when laws are clear, administrative failure to comply with the rule of law, due to unwillingness and incapacity, contributes to the incidence and pendency of land disputes. Serious judicial incapacity in turn prolongs pendency of land disputes.

Due to the increasing population pressure on land, and the corresponding demand for land to fuel the development engine, the scale and scope of land conflict today has assumed gigantic proportions, stalling development projects and threatening livelihoods and investments. Equitable and efficient intergenerational management of land is necessary not just for India’s economic development, but also for its political and social stability. Therefore, working towards resolving land conflict, in light of the above policy recommendations, is an imperative agenda for the new government.

Other pieces as part of CPR’s policy document, ‘Policy Challenges – 2019-2024’ can be accessed below:

The Future is Federal: Why Indian Foreign Policy Needs to Leverage its Border States by Nimmi Kurian
Rethinking India’s Approach to International and Domestic Climate Policy by Navroz K Dubash and Lavanya Rajamani
India’s Foreign Policy in an Uncertain World by Shyam Saran
Need for a Comprehensive National Security Strategy by Shyam Saran
A Clarion Call for Just Jobs: Addressing the Nation’s Employment Crisis by Sabina Dewan
Time for Disruptive Foreign and National Security Policies by Bharat Karnad
Multiply Urban ‘Growth Engines’, Encourage Migration to Reboot Economy by Mukta Naik
Schooling is not Learning by Yamini Aiyar
Clearing Our Air of Pollution: A Road Map for the Next Five Years by Santosh Harish, Shibani Ghosh and Navroz K Dubash
Protecting Water while Providing Water to All: Need for Enabling Legislations by Philippe Cullet
Interstate River Water Governance: Shift focus from conflict resolution to enabling cooperation by Srinivas Chokkakula
Managing India-China Relations in a Changing Neighbourhood by Zorawar Daulet Singh
Beyond Poles and Wires: How to Keep the Electrons Flowing? by Ashwini K Swain and Navroz K Dubash
Regulatory Reforms to Address Environmental Non-Compliance by Manju Menon and Kanchi Kohli
The Numbers Game: Suggestions for Improving School Education Data by Kiran Bhatty
Safe and Dignified Sanitation Work: India’s Foremost Sanitation Challenge by Arkaja Singh and Shubhagato Dasgupta
Safeguarding the Fragile Ecology of the Himalayas by Shyam Saran
Female Labour Force Participation: Asking Better Questions by Neelanjan Sircar
Towards ‘Cooperative’ Social Policy Financing in India by Avani Kapur
1 Land Conflict Watch, https://www.landconflictwatch.org/.
2 This is based on preliminary findings from a CPR Land Rights Initiative study, and is also consistent with findings from a comprehensive quantitative study of the Supreme Court’s caseload between 1993 and 2011. See Nick Robinson, ‘A Quantitative Analysis of the Indian Supreme Court’s Workload’, Journal of Empirical Legal Studies,10(3) (2003): 570-601.
3 Daksh, ‘Access to Justice Survey, 2016’, http://dakshindia.org/wp-content/uploads/2016/05/Daksh-access-to-justice….
4 Namita Wahi et al., ‘Land Acquisition in India: A Review of Supreme Court Cases from 1950 to 2016’ (New Delhi: CPR, 2017).
5 Articles 294 and 295 of the Indian Constitution stipulate that the Indian state succeeds to all property, claims and assets of the British state.
6 B.H. Baden Powell, The Land Systems of British India (Oxford University Press: 1892); B.H. Baden Powell, A Manual of Jurisprudence for Forest Officers Being a Treatise on Forest Laws (Calcutta, 1882).
7 An LRI study estimates that there are 102 laws of land acquisition alone, including state amendments to the Land Acquisition Act, 1894. Supra note 4.
8 ‘Land Conflicts in India: An Interim Analysis’, https://rightsandresources.org/en/publication/land-conflicts-india-inter….
9 Article 244(1) and Article 244(2), read with the Fifth and Sixth Schedules respectively, create special protections for land rights of Scheduled Tribes in geographically demarcated areas, known as Scheduled Areas.
10 Starting with the Bengal Tenancy Act, 1885, almost each agrarian state has laws protecting tenancy rights. Similarly, the Forest Rights Act, 2006, recognizes land rights of Scheduled Tribes and other forest dwelling communities.
11 A prolonged movement has sought the enactment of a Fishing Rights Act, along the lines of the Forest Rights Act.
12 86.21% of all land holdings in India are small and marginal holdings taken together (0.00-2.00 ha). See Census of India.
13 Nitin Sethi et al., ‘Modi government plans more draconian version of colonial-era Indian Forest Act’, The Wire, 21 March 2019, https://thewire.in/rights/modi-government-plans-more-draconian-version-o…
14 These include the states of Tamil Nadu, Gujarat, Rajasthan, Maharashtra, Telangana, Andhra Pradesh and Jharkhand. See Namita Wahi, ‘How central and state governments diluted the historic land legislation of 2013’, The Economic Times https://economictimes.indiatimes.com/news/politics-and-nation/how-centra….
15 Jairam Ramesh et al., Legislating for Justice: The Making of the 2013 Land Acquisition Law (New Delhi: Oxford University Press, 2015); Namita Wahi, ‘The Story of Jairam Rajya’ India Today, June 2015, https://www.indiatoday.in/magazine/books/story/20150622-jairam-ramesh-la….
16 Ongoing LRI study on ‘One Thousand Land Laws’.
17 Article 246 read with the Seventh Schedule of the Constitution of India.
18 CPR ‘Land Laws’ Database; see: https://www.cnbctv18.com/legal/hundreds-of-indian-land-laws-cause-confus….
19 Wahi et al., ‘Land Acquisition in India’.
20 Ibid. p. 28.
21 Sections 61-64 of the Indian Evidence Act, 1872, emphasize that documents must be proved by primary evidence, that is, presentation of the document itself. However, many people with legally recognized land rights do not have documentary proof for the same. This makes judicial resolution of land disputes extremely difficult.
22 Much of the northeastern part of India, including the state of Assam, has never been fully surveyed. The last full land survey for the state of Bihar happened in 1950s-1960s.
23 Former Minister for Rural Development notes that the state’s failure to fairly compensate those who lost land under the 1894 Act arose due to inaccurate land records, rampant undervaluation of sale deeds, and absence of land markets in many rural areas. See Ramesh et al., Legislating for Justice.
24 Two reports – the 245th Law Commission Report on ‘Arrears and Backlog: Creating Additional Judicial (Wo)man) power’ (2014), http://lawcommissionofindia.nic.in/reports/Report_No.245.pdf, and the 230th Law Commission Report on ‘Reforms in the Judiciary: Some Suggestions’, http://lawcommissionofindia.nic.in/reports/report230.pdf – highlight this as a major cause for disputes.
25 Ibid.
26 Bina Agarwal, ‘Gender and Legal Rights in Agricultural Land in India’, Economic and Political Weekly A39 30(12) (March 1995).
27 Supra note 24. (Q: Pl give direct source)
28 245th Law Commission Report, 29.

Understanding Land Conversion, Social Impacts and Legal Remedies in Asia

 

INTERNATIONAL DEVELOPMENT RESEARCH CENTRE STUDY ON LAND USE

 

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.

The study reports on IndiaIndonesia and Myanmar and an overview of the study’s methodology and findings can be accessed here.

A series of blog posts over the next two months will highlight specific research findings and case studies.

This study was carried out by the CPR-Namati Environmental Justice Program, supported by a grant from the International Development Research Centre, Ottawa, Canada.

Time for Disruptive Foreign and National Security Policies

 

AS PART OF ‘POLICY CHALLENGES – 2019-2024: THE BIG POLICY QUESTIONS FOR THE NEW GOVERNMENT AND POSSIBLE PATHWAYS’

 

By Bharat Karnad

Several mega-trends are visible in international affairs on the cusp of the third decade of the 21st century. After a trillion dollars spent on the 18-year old war with the Taliban in Afghanistan following a similar amount expended in Iraq and Syria, the US is drained of its wealth, stamina and will for military confrontations of any kind. A reactive and retreating America under President Donald Trump, besides generating unprecedented levels of uncertainty and anxiety, has accentuated the conditions of unusual flux in the international system. Second, with the old certainties gone, traditional alliances (North Atlantic Treaty Organization), trading regimes (Trans-Pacific Partnership), schemes of regional peace (Shanghai Cooperation Organization), and technology and supplier cartels (Missile Technology Control Regime, Nuclear Suppliers Group, et al.) are all alike in disarray; their concerns are now matters of contestation with China staking claim to the pole position vacated by the US. And finally, these developments are compelling major countries to try to protect themselves the best they can by handling things on their own, in coalition with other similarly encumbered nations, and by exploring new security/military cooperation agreements. There is particular urgency in Asia to blunt China’s hegemonic ambitions and preclude its domination from taking root.

State of Play 

Unfortunately India finds itself on the wrong side of these trends in the main. This is because it has, in the new millennium, accelerated its efforts to join the very same nonproliferation regimes and cartels that had victimized it all along. Worse, by sidling up to the US and virtually outsourcing its strategic security to Washington, India’s historical role as prime balancer in the international balance-of-power set-up – courtesy its hoary policies of nonalignment and its latter-day avatar, strategic autonomy – has been imperiled. This is at a time when doubts about the US commitment to other countries’ security have increased along with the apprehensions of allies and friends. With security made a transactional commodity by the Trump administration, treaty alliances have been weakened, unsettling West European and Far Eastern states traditionally close to the US.1 India’s trend-bucking policy, in the event, will only cement the growing perceptions of the country as unable to perceive its own best interests and to act on them. Its downgrade, as a result of its more recent strategies, to the status of a subordinate state and subsidiary ‘strategic partner’ of the US means that India will have restricted strategic choices. Its foreign and military policies will therefore lose the freedom and latitude for diplomatic manoeuvre that they have always enjoyed.

Thus, the 2008 civilian nuclear deal, for all practical purposes, signed away India’s sovereign right to resume underground testing and froze its nuclear arsenal at the sub-thermonuclear technology level (as the 1998 fusion test was a dud). Agreeing to the Logistics Exchange Memorandum of Agreement and the Communications Compatibility and Security Agreement – the so-called ‘foundational accords’ – will, respectively, permit the US to stage its military forces out of Indian bases and embroil India in its wars in the extended region, and (ii) to penetrate the most secret Indian communications grid, including the nuclear command and control network.

The Indian government’s eagerness to cement the partnership is astonishing considering the trust deficit evident in a long history of duplicitous US behaviour and policies.2 By clinging to a feckless and demanding US, India’s profile as a fiercely independent state has taken a beating, distanced the country from old friends such as Russia (which is pivotal to balancing China and the US) and Iran (central to India’s geostrategic concerns in the Gulf, Afghanistan and Central Asia), lost the nation its diplomatic elan, and has seriously hurt vital national interests.

Placating China is the other imprudent theme that Indian foreign policy has latched on to. It has mollycoddled its most dangerous adversary and comprehensively capable rival in Asia with giveaways – such as non-use of the Tibet and Taiwan cards, refraining from nuclear missile-arming states on China’s periphery as a tit-for-tat measure for Beijing’s missile-arming of Pakistan, giving the Chinese manufacturing sector unhindered access to the Indian market through a massively unfair and unbalanced bilateral trade regime, etc. On the other hand, it has treated Pakistan, a weak flanking country, as a full-bore security threat when, realistically, it is only a military nuisance. This strategy is at the core of India’s external troubles. It has practically incentivized Beijing to desist from peaceful resolution of the border dispute. It has also undermined India’s credibility and credentials as ‘security provider’ to and strategic partner of a host of Asian littoral and offshore states fearful of an ambitious and aggressive China, as well as complicated the country’s attempts at obtaining a tier of friendly nations around it as buffer.

A topsy-turvy threat perception has also meant a lopsided Indian military geared to handle Pakistan but incapable of defending well against China, even less of taking the fight to the Chinese People’s Liberation Army (PLA) on land, air and distant seas; it is also laughably unprepared for future warfare featuring cyber pre-emption, remotely controlled armed drone swarms, robotic weapons systems managed by Artificial Intelligence, space-based weapons platforms, and clean micro-thermonuclear bombs. In the context, moreover, of a recessive foreign policy and a military that seems unable to wean itself away from imported armaments, it is almost as if the Indian government and armed services have given up on national security. This bewildering state of affairs is in urgent need of drastic overhaul and repair.

Geopolitical Vision and Strategy

Strong nations in the modern era have transitioned into great powers not only through expansive national visions, but also, more significantly, by pursuing policies disruptive of the prevailing order and multilateral regimes they had no hand in creating. India in the 21st century, on the other hand, seems content with the existing international system, measuring its foreign policy success in terms of entry gained or denied in congeries of international power (UN Security Council) and trade and technology cartels (Nuclear Suppliers Group, Missile Technology Control Regime, etc.). In other words, it covets a place at the high table on terms set by other countries. It is not a mistake made by China or the US (or, to go back in history, Elizabethan England, Germany, Imperial Japan, the Soviet Union and now Vladimir Putin’s Russia). The Indian government is hampered by its mistaken belief that upholding the current regional and international correlation of forces and mechanisms of order, and stressing its soft ‘civilizational’ power, will make the country great.

India with its many infirmities is in no position to undertake system disruption by itself.3 For India to rise as the premier Asian challenger to China and as the other economic-political-military power node in the continent in the shortest possible time – which should be the legitimate national aim and vision –it requires a subtle but telling approach. It needs a double-pronged strategy. One prong should stress absolutely reciprocal positions and policies. Thus, Beijing’s insistence on ‘One China, two systems’ should be met with a ‘One India’ concept. Similarly, the non-acceptance by Beijing of all of Jammu and Kashmir (including the Pakistan-occupied portion) as inalienably Indian territory should lead to formal recognition of and relations with Taiwan; it should also spark off New Delhi’s world-wide advocacy of a free Tibet and a free East Turkestan, and of campaigns against ‘cultural genocide’ and ‘ethnic cleansing’ in Tibet and Xinjiang.4 And China’s nuclear missile arming of Pakistan should, even if belatedly, trigger India’s transferring strategic missiles to the states on the Chinese periphery, so that China too thereafter suffers permanent geostrategic disadvantage.

Hamstringing China should also involve meta-measures to carve out separate, loose and specifically anti-China security coalitions from the two important groups India is part of. BRICS (Brazil-Russia-India-China-South Africa) is an entity dominated economically and trade-wise by China. This is something that arouses wariness in the other three countries, which can be mobilized to form a smaller, informal, security-cooperation-minded coalition, BRIS (Brazil-Russia-India-South Africa). It will assist in hedging Beijing’s military options and affect China’s economic expansiveness. Likewise, the US’s importance to international security has to be whittled away. The Quadrilateral (US-Japan-India-Australia) proposed by Japan’s Shinzo Abe to contain China in the Indo-Pacific is problematic owing to the centrality accorded yo the capricious US. India could propose a different set-up – a modified Quadrilateral or ‘Mod Quad’ with India, Japan, Australia and the leading littoral and offshore states of South East Asia (Vietnam, Philippines, Indonesia and Singapore) disputing China’s claims in the South China Sea; a cooperative Taiwan could be accorded ‘observer’ status. This would at once define the strategic geopolitical face-off between ‘rimland Asia’ and a hegemonic ‘heartland’ China, and reduce the uncertainty attending on America’s security role (given that the US and China, owing to their close economic and trading links, are inseparable). Mod Quad will clarify the strategic calculi of member states, while encouraging the US to contribute militarily to the extent it wants to at any time but as an outside party.5

BRIS and Mod Quad are extremely practicable geopolitical solutions to share the cost, divide the danger, and generate synergy from the wide-spectrum capabilities, singly and together, of the member states in these two collectives. At the same time, they would stretch China’s military resources and minimize the uncertainty and confusion attending on any US participation. These new arrangements adhere to the time-tested principle of vision shaping strategy but geography driving it, which makes for cohesion and sense of purpose. BRIS and Mod Quad will enable their member states to be less inhibited in cooperating with each other to deal with the overarching security threat posed by China, but without the intimidating presence of the US (which, typically, pursues its own particular interests). They will instill in the Indian government’s external outlook an outcomes-oriented, competitive bent. It may result, for instance, in getting the east-west Ganga-Mekong connectivity project – as a rival to China’s north-south Belt & Road Initiative – off the ground.6

But BRIS and Mod Quad leave Pakistan out of the reckoning. Pakistan is strong enough to be a spoiler and, in cahoots with China, pose a substantial problem. More than 70 years of tension and conflict with India haven’t helped. For a lasting solution it is essential to break up the Pakistan-China nexus. The military palliative for terrorist provocations – air and land strikes – will only drive Islamabad deeper into China’s camp. A Kashmir solution roughly along the lines negotiated with General Pervez Musharraf in 2007 that Prime Minister Imran Khan has said Pakistan will accept, is a reasonable end state to work towards.7 But India can lubricate such an offer with policies to co-opt Pakistan (along with India’s other subcontinental neighbours) economically, by means of trade on concessional terms, and easy credit and access to the Indian market for manufactures and produce. This will obtain the goal of unitary economic space in the subcontinent and lay the foundations for a pacified South Asia – the first step in India’s long overdue achievement of great power. Such actions should, however, be preceded by several unilateral and risk-averse military initiatives (outlined later) to establish India’s peaceful bonafides and to denature the Indian threat that Pakistan perceives. Simultaneously, prioritizing strategic and expeditionary military capabilities against China and for distant operations jointly with friendly states in the Indian Ocean Region and in Southeast Asia will secure India’s extended security perimeter.

National Security Policy Priorities

Lack of money has never been the hitch. Rather, the problem has been and continues to be the misuse of financial resources by the three armed services with their faulty expenditure priorities. Intent on equipping and sustaining inappropriate force structures geared to the lesser threat, they have squandered the colonial legacy of expeditionary and ‘out of area operations’. Consequently, they have shrunk greatly in stature even as they have increased in size.8 Persisting with thinking of Pakistan as the main threat long after it credibly ceased to be one post the 1971 war has resulted in an Indian military able to fight only short-range, short-duration, small and inconclusive wars. Indeed, so geared to territorial defence and tactical warfare are the Indian armed services that they have paid scant attention to strategic objectives and to the means of realizing them. The political leadership, for its part, has shown marked lack of interest, failure to articulate a national vision, and inability to outline a game plan and strategy in this respect. It has chosen the easy way of relying on the armed services professionally to do the right thing by proffering the right advice – which they haven’t.

Breaking the Pakistan-China nexus is an imperative. It requires the Indian government to first seed a conducive political milieu by making certain safe unilateral military moves. What the Pakistan Army most fears is India’s three Strike Corps; if this ‘threat’ is denatured, a milieu with enormous peaceful potential can be created. Considering the nuclear overhang and zero probability of the Indian government ever ordering a war of annihilation – which is the only time when these armoured and mechanized formations will fight full tilt – three corps are way in excess of need. They can be reconstituted and the resources shifted to form a single composite corps adequate for any conceivable Pakistan contingency. The rest of the heavily armoured units can be converted to airborne cavalry, and to light tanks with engines optimized for high-altitude conditions; three offensive mountain corps can thereby be equipped to take the fight to the PLA on the Tibetan Plateau. The nuclear backdrop can likewise be changed for the better by India removing its short-range nuclear missiles from forward deployment on the western border and perhaps even getting rid of them altogether, because hinterland-based missiles can reach Pakistani targets with ease. These two moves made without demanding matching responses will cost India little in terms of security, establish a modicum of trust, persuade Pakistan of India’s goodwill, and confirm China as the Indian military’s primary concern. It will hasten normalcy in bilateral relations.

Tackling China at a time when it is widening the gap with India in all respects necessitates India using the playbook the Chinese successfully used against the US – Pakistan against India, and North Korea against America – when facing an adversary with a marked conventional military edge. It means resorting to Nuclear First Use (NFU) and deploying weapons to make this stance credible. Emplacing atomic demolition munitions in Himalayan passes to deter PLA units ingressing in strength across the disputed border is one tripwire. Another is to declare that any forceful Chinese military action that crosses a certain undefined threshold may automatically trigger the firing of canisterised medium- and long-range Agni missiles, now capable of launch-on-launch and launch-on warning. Additionally, the large numbers of Chinese missiles positioned in Tibet should be seen as the third nuclear tripwire. As there is no technology to reliably detect and determine the nature of incoming warheads, any missile PLA fires will reasonably have to be assumed to be nuclear-warheaded. Such a hair-trigger posture leaning towards action will create precisely the kind of uncertainty about the Indian reaction and response that will bolster its deterrent stance.9

Exorbitantly priced aircraft carriers are unaffordable and, in the age of hypersonic and supersonic missiles, a military liability. The Indian naval budget should instead prioritize nuclear-powered ballistic missile-firing and attack submarines, and a surface fleet of multipurpose frigates. The Indian Air Force needs to radically cut the diversity of combat aircraft in its inventory, rationalize its force structure and streamline its logistics set-up. This will be facilitated by limiting the fleet to just two types of fighter planes – the multi-role Su-30MKI upgraded to ‘super Sukhoi’ configuration in the strike and air superiority role and progressively enhanced versions of the indigenous Tejas light combat aircraft for air defence, the follow-on Advanced Medium Combat Aircraft for longer reach and bigger punch, and lease-buying 1-2 squadrons of Tu-160M2 ‘Blackjack’ strategic bomber from Russia as the manned, recallable, vector in the country’s nuclear triad.

Politically, the most difficult policy decision for the government will be to resume nuclear testing. This is absolutely necessary to obtain tested and proven thermonuclear weapons of different power-to-yield ratios. India has got by with a suspect thermonuclear arsenal for 20 years. It is time India’s strategic deterrent acquired credibility.

Other pieces as part of CPR’s policy document, ‘Policy Challenges – 2019-2024’ can be accessed below:


An unreliable US, in fact, so concerns its NATO allies that the French defence minister Florence Parly in Washington asked a little plaintively, ‘What Europeans are worried about is this: Will the U.S. commitment [to NATO] be perennial? Should we assume that it will go on as was the case in the past 70 years?’ See ‘French defense chief questions US commitment to NATO’, AFP, RadioFreeEurope, Radio Liberty, 18 March 2019, https://www.rferl.org/a/french-defense-chief-questions-us-commitment-to-…
Bharat Karnad, Why India is Not a Great Power (Yet) (New Delhi: Oxford University Press, 2015), 187-219.
For a detailed analysis of its various infirmities that preclude India’s becoming a great power anytime soon, see Karnad, Why India Is Not a Great Power (Yet).
China sees itself as the main protector of Pakistan’s sovereignty and territorial integrity. Visiting Islamabad during the Pulwama crisis, the foreign minister Wang Yi declared: ‘No matter how things change in the world and the region, China will firmly support Pakistan upholding its independence and territorial integrity and dignity.’ See Sutirtho Patranobis, ‘China firmly with Pakistan, says Beijing as Islamabad raises Kashmir in top talks’, Hindustan Times, 19 March 2019, https://www.hindustantimes.com/world-news/china-firmly-with-pakistan-say….
Bharat Karnad, ‘India’s Weak Geopolitics and What To Do About It’, in Bharat Karnad, ed., Future Imperilled: India’s Security in the 1990s and Beyond (New Delhi: Viking, 1994), 19-20.
Bharat Karnad, Staggering Forward: Narendra Modi and India’s Global Ambition (New Delhi: Penguin-Viking, 2018), ch. 4.
Imtiaz Ahmad, ‘2-3 solutions available to Kashmir issues, says Pak PM Imran Khan’, Hindustan Times, 4 December 2018, https://www.hindustantimes.com/world-news/2-3-solutions-available-to-kas….
Karnad, Why India is Not a Great Power (Yet), ch. 5.
Bharat Karnad, ‘Shifting the Nuclear Security Focus to China’, in Lieutenant General A.K. Singh and Lieutenant General B.S. Nagal, eds., India’s Military Strategy in the 21st Century (New Delhi: Centre for Land Warfare Studies and KW Publishers, 2019); Karnad, Staggering Forward, 344-349.

To What Extent does Culture Determine the Usage of Toilets by Urban Poor in India?

BLOG ON FINDINGS OF JOURNAL ARTICLE (BASED ON A STUDY IN SMALL TOWNS OF ANGUL AND DHENKANAL, ODISHA IN THE YEAR 2016-17) BY RANJITA MOHANTY AND ANJU DWIVEDI

 

A global study at the beginning of the decade indicated that one billion people—15% of the world’s population—practice open defecation (OD), of whom 626 million live in India. OD, however, is not only practised by those lacking toilet facilities. Even among those who have toilets, some prefer OD. Data shows that the practice of OD is related neither to education and literacy status nor to poverty. The reluctance of the Indian poor to use toilets, and their preference for OD, poses a sanitation puzzle.

The Swachh Bharat Mission (SBM-U), launched in 2014, strived to make urban India open defecation-free by 2019. It aimed to provide sanitary toilets to all urban households.  In Oct 2019, India has been declared Open Defecation Free by Prime Minster, Narendra Modi.  But does construction of toilets necessarily promote usage? Why do people in urban slums show reluctance to use toilets?  To what extent, and in what ways, do sociocultural norms, behaviours, and practices influence the toilet behavior?

Purity and Pollution

Traditional norms of purity and pollution are crucial in determining sanitation practices in India. Hindu norms of pollution and purity have many dimensions that centre on connotations of dirt and pollution, purity and cleanliness, physical spaces as pure or impure, and the human body as a site of purity and impurity.

  • Dirt: Viewed as polluting and disorderly, there are two connotations of dirt: physical dirt, such as human excreta and garbage, and cultural dirt, such as that associated with menstruation, birth, and death. Sometimes, the boundary between physical and cultural dirt is thin. Human excreta is considered physical dirt, but even when modern toilet technologies make the dirt invisible and destroy its toxic potential, toilets are still considered ‘unclean’ by Hindu households. Therefore, toilets are built at a distance so as not to pollute the pure, such as food cooked in the kitchen, and sacred spaces where deities are kept for household worship. Not only is human waste considered defiling and impure, the body also becomes impure during the process of defecation, which is a release of dirt. Both men and women are required to bathe after defecation so that their bodies are purified.
  • Space: The purity of the inner space of the house must be guarded by assigning separate spaces to different kinds of dirt: the toilet is kept outside the house, shoes are left outside the entrance, and menstruating women stay away from spaces of worship and cooking. The inner space is ritually purified following the pollution of birth or death. Similarly, the body has to be purified through a ritual bath after menstruation. As women are assigned the responsibility of maintaining the purity of the inner space, they have to bathe in the morning before their household chores so that they are ritually pure to worship or to cook.
  • Caste: The castes that deal with materials considered polluting—human waste, dead bodies, dirty clothes, human hair, and the hide of dead animals—are considered impure and untouchable. Those who deal with human waste and dead bodies are considered the ‘lowest of the low’ and work as sweepers and scavengers, and are the traditional bearers of night soil. The castes rendered untouchable live in hamlets on the outskirts of villages, away from the upper castes. In cities, they live in peripheral, common places such as railway lines and riverbanks, close to morgues and slaughterhouses. The casteist notion of cleanliness is thus more social than physical. Social order is maintained through ritual cleanliness, which may not necessarily be a matter of hygiene.

Tradition, Modernity and the ‘Non Negotiable’

The connotations of physical dirt and ritual dirt influence sanitation behaviours in urban spaces with varying degrees of compromise and adaptation. However, even the urban environment cannot make people compromise on what can be called the ‘non-negotiable’ aspects of culture. For example, when a toilet is constructed within the house and it coexists with the pure spaces, the place for defecation is barricaded from the living inner space of the house. While the middle class can separate some rooms, such as puja ghar (place of worship), kitchen, and living space from the toilet, the poor do not have sufficient space to construct separate, barricaded spaces for what is considered pure.

Regardless of their location and technology, toilets carry the connotation of ritual impurity. Hence, toilet behaviours remain the same in middle-class as well as poor households. All castes, whether rich or poor, employ manual scavengers from the untouchable castes to clean their septic tanks and pits.

Traditionally, women are considered the custodians of the purity of the inner, private space of the house. In slums, women continue to perform that role. They keep the space physically clean by removing dirt and household garbage. They change into separate clothes during defecation, regardless of whether they practise OD or use a toilet. Women refrain from performing puja when their bodies are considered impure, such as during menstruation and after delivery. The inner space is not only the space inside the house; it includes the outer space attached to the house. Every Hindu household worships the tulsi plant grown outside.

Why Open Defecation?

OD is a common practice despite its inconvenience and physical and health risks. It is practised not only by those who do not have toilets. Those who have toilets use them selectively: at night, during illness, and in the rainy season; in addition, old people and women, particularly pregnant women, old women, and adolescent girls often use toilets.

There are many reasons why those who have toilets do not use them: the fear that the pit will get filled too soon; the high cost associated with cleaning the pit; the feeling that the dirt, though underground, is too close to living, cooking, and worship spaces in small dwellings; cultural notions of purity and pollution; and social norms of shame and avoidance that regulate defecation in the presence of the elderly, males (in the case of women), and guests. Water is also a significant constraint in the use of toilets at home, since water supply in slums is erratic and inadequate.

Infrastructural Constraints

The majority of slum households use pit and improved pit toilets. Many of these toilets are poorly designed and lack adequate technology. Some households have toilets that are connected to drains and canals, where they discharge their effluents. Not all toilets used for defecation have a superstructure. Some are without the superstructure altogether, while others have half-erected ones covered with clothes, rags, and plastic bags.

Slum dwellers prefer to spend their money on houses rather than on toilets because they see houses as necessary for safety and shelter, but toilets as replaceable with alternatives. The construction of a toilet at home is determined by many factors, such as financial resources; the availability of physical space; the needs of the old, the sick, and the women in the family; and considerations of purity and pollution that become particularly constraining in small houses.

Having a toilet in the house does not mean that the household members’ defecation practice is hygienic, as most people use unsanitary toilets. These, along with spatial constraints, blur the lines between ritual and physical dirt for the urban poor. The poor, therefore, prefer to construct toilets outside the living space. When a toilet is located inside a very small house, people are more likely to refrain from using it.

Bridging the Gap

Culture does not operate alone, but interacts with a host of other factors: the availability of physical space, financial resources, and access to infrastructure and technology. Behavioural change is conceptualised as the shift required in practices of purity and pollution that deter Hindus from using toilets. But behavioural change does not take into account these factors. Hence, we find that among households with toilets, their use is determined by existing technology and the availability of physical space and water.

Due to the SBM-U’s emphasis on the physical target of a specific number of toilets that need to be constructed within a specified time period, any localised, complex, or nuanced understanding of culture escapes the current policies. There is no scope in the policies to accommodate how culture manifests in the local context. A lack of community consultation and participation further limits information about the specific needs of people. The failure to adapt to local requirements also restricts implementers from customising policies. Women play a significant role in both private and public sanitation but are seldom consulted about their needs and choices.

It is imperative that policies expand their scope to include understanding culture. It is likely that the governance of sanitation at the local level will follow.

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This blog is based on findings of the article, Culture and Sanitation in Small Towns: An Ethnographic Study of Angul and Dhenkanal in Odisha by Ranjita Mohanty and Anju Dwivedi. The article can be accessed here.

Recent webinars on understanding the sanitation landscape in India as part of the Sanitation Insights at CPR series can be accessed here.