Making the Law Count: Ten Environment Justice Stories by Community Paralegals in India

28 March 2018
Making the Law Count: Ten Environment Justice Stories by Community Paralegals in India
NEW PUBLICATION BY THE CPR- NAMATI ENVIRONMENTAL JUSTICE PROGRAM

 

Across the world, poor communities bear a disproportionate burden of the environmental cost of development. Harmful projects such as polluting industrial units, municipal disposal sites or mining projects are usually situated close to poor neighbourhoods. These communities grapple on a daily basis with environmental impacts which exposes them to toxic contamination, adversely affect their livelihoods and impose restrictions on their access to common resources and mobility. These environmental impacts are often an outcome of years of gross violation or non-compliance of environmental regulation governing these projects.

The CPR-Namati Environmental Justice Program has developed a strong network of grassroots legal advocates or community paralegals across four states in India, who work directly with these affected communities. They help the communities to understand relevant laws and environmental regulations and assist them to build evidence about the impacts, approach relevant institutions and seek practical remedies for their problems.

As part of their work, the community paralegals write about their experiences to create public awareness on the use of law outside of courts as well as engage the readers in these issues. This is a collection of published stories written by paralegals working in coastal Gujarat, North Karnataka and Keonjhar, Odisha. Each story chronicles the focussed efforts and creative strategies undertaken by the paralegals and affected communities to close the legal enforcement gap and seek remedies for environmental impacts.

Click here to access the full publication by CPR- Namati Environmental Justice Program.

Launch of ‘Power and Diplomacy: India’s Foreign Policies during the Cold War’ by Zorawar Daulet Singh

FULL VIDEO OF BOOK LAUNCH AND DISCUSSION CO-ORGANISED BY OXFORD UNIVERSITY PRESS AND CPR
SOUTH ASIA INTERNATIONAL POLITICS

Watch the full video (above) of the launch of Zorawar Daulet Singh’s new book, ‘Power and Diplomacy: India’s Foreign Policies during the Cold War’, co-organised by Oxford University Press and CPR.

Hamid Ansari, former Vice President of India was the Guest of Honour.

The launch was followed by a panel discussion featuring Shivshankar Menon, former National Security Advisor of India, Suhasini Haidar, National Editor of The Hindu, Gautam Mukhopadhyay, Senior Visiting Fellow at CPR and author, Zorawar Daulet Singh, Fellow at CPR.

A curated list of reviews of the book can be found here.

About the Book

The notion that a monolithic idea of ‘nonalignment’ shaped India’s foreign policy since its inception is a popular view. In Power and Diplomacy, Zorawar Daulet Singh challenges conventional wisdom by unveiling another layer of India’s strategic culture. In a richly detailed narrative using new archival material, the author not only reconstructs the worldviews and strategies that underlay geopolitics during the Jawaharlal Nehru and Indira Gandhi years, he also illuminates the significant transformation in Indian statecraft as policymakers redefined some of their fundamental precepts on India’s role in in the subcontinent and beyond. His contention is that those exertions of Indian policymakers are equally apposite and relevant today.

Whether it is about crafting a sustainable set of equations with competing great powers, formulating an intelligent Pakistan policy, managing India’s ties with its smaller neighbours, dealing with China’s rise and Sino-American tensions, or developing a sustainable Indian role in Asia, Power and Diplomacy strikes at the heart of contemporary debates on India’s unfolding foreign policies.

About the Author

Zorawar Daulet Singh is a Fellow at CPR, and is associated with the Institute of Chinese Studies, New Delhi. For the past decade, he has been a regular commentator and columnist on India’s foreign policy and various dimensions of India-China relations. His co-authored books include India-China Relations: The Border Issue and Beyond and Chasing the Dragon: Will India Catch up with China? He holds a PhD in international relations from King’s College London, and an MA from the School of Advanced International Studies (SAIS), Johns Hopkins University.

Launch of ‘The Oxford Handbook of Indian Foreign Policy’

WATCH THE FULL VIDEO
SECURITY POLITICS INTERNATIONAL POLITICS

‘The Oxford Handbook of Indian Foreign Policy’ edited by David M Malone, C Raja Mohan and Srinath Raghavan provides an extensive survey of India’s external relations, and was launched on 11 September. It addresses factors in Indian foreign policy flowing from both history and geography, and also discusses key relationships, issues and multilateral forums through which the country’s international relations are refracted.

Launch of new website and budget briefs, 2016

BY THE ACCOUNTABILITY INITIATIVE
BUDGET FISCAL DEVOLUTION SOCIAL SECTOR SCHEMES

BUREAUCRACY
The Accountability Initiative (AI) at the Centre for Policy Research has come out with its budget brief series for 2015-2016, analysing government allocation and expenditure in key social sector schemes, launched on its brand new website.

This year, AI realigned its budget work to study state rather than union budgets in response to the Fourteenth Finance Commissions (FFC) recommendations to increase the fiscal autonomy of states. Through a study of 19 state budgets, AI analysed how this move toward fiscal devolution impacted the future of social sector investments. The full report, State of Social Sector Expenditure in 2015-2016 can be accessed here.

The research this year analysed union budgets in four schemes combining these with field surveys, and the individual budget briefs can be accessed here: Sarva Shiksha Abhiyan, Integrated Child Development Services, Swachh Bharat Mission (Gramin) and National Health Mission.

Six out of the 19 states studied in the State of Social Sector Expenditure in 2015-2016 report can be accessed through individual state briefs here: Bihar, Chattisgarh, Rajasthan, Karnataka, Tamil Nadu and Maharashtra.

In the video (above) Yamini Aiyar, who leads the work at AI, explains what these briefs are and how they will be used to deepen the public debate, going forward.

Launch of the India Homeless Resource Network

INCREASING PUBLIC CONSCIOUSNESS AND INFORMING PUBLIC POLICY
URBAN SERVICES

The India Homeless Resource Network (IHRN) was launched on 20 April in the presence of the United Nations Special Rapporteur on Adequate Housing, Leilani Farha

The IHRN website, which will curate research and learning on the issue, can be accessed here.

Five organisations have come together to form this knowledge hub with a view to informing policy makers, social workers, and the wider public, to increase the level of attention homelessness receives in urban policy.

Listen to the audio (above) to learn more about the issue and the need for IHRN.

IHRN combines unique strengths from each of the organisations working on a range of issues, such as health, livelihood, gender, and legal reforms, faced by people on the streets and shelters of India’s cities. To learn more, tune in to the audios describing the different organisations’ work, and visit their websites, listed below:

Launching CPR Dialogues 2018: ‘Navigating India’s 21st Century Transitions’

A MULTI-DISCIPLINARY POLICY DIALOGUE ON THE MOST CRITICAL PUBLIC POLICY CHALLENGES OF OUR TIMES (BY INVITE ONLY)

The Centre for Policy Research is launching the inaugural edition of CPR Dialogues, titled ‘Navigating India’s 21st Century Transitions’, a multi-disciplinary policy conference that brings together leading academics, policy practitioners and other stakeholders to engage in a robust, evidence based dialogue on the most critical public policy questions of our time.

Detailed information about the discussions, the speakers and CPR’s expertise on the topics can be found at a dedicated website: www.cprdialogues.org. The video (above) provides an overview of some of the pressing policy issues that will be deliberated at the Dialogues, which will cover themes including climate change policy, air pollution, energy transitions, jobs, the relationship between technology and public policy, India’s urban trajectory, shifting trends in domestic politics and geopolitics. In an attempt to answer some of the following questions:

  • How can India meet its energy needs as a growing economy while shifting toward cleaner energy?
  • How can India manage its urban transformation so that it builds inclusive, sustainable, green 21st century cities?
  • How can India overcome the twin challenges of declining agricultural productivity and weak human capital to create productive jobs in a rapidly changing 21st century economy?
  • How can India leverage its technology advantage and create an innovation eco-system while protecting individual and community rights?
  • How should India respond to shifting geopolitical trends and re-position itself in a changing global order?

India today is at the cusp of significant developmental transitions. Choices made, as India negotiates these transitions, will fundamentally shape its future developmental trajectory. These choices are wide-ranging and require negotiating multiple and often conflicting socio-economic demands. The policy challenge today lies in identifying appropriate pathways and institutional mechanisms to negotiate these transitions and set India on a path toward a sustainable, inclusive future. India is not alone in confronting these challenges. Many countries across the globe are facing similar challenges and India has much to learn from their experience.

To debate these issues and learn from global experience, CPR presents the 2018 edition of CPR Dialogues, which will bring global experts from countries as diverse as the United Kingdom, Brazil, China, Russia, Egypt and Nigeria to engage in a conversation on the challenges and opportunities for India as it charts a new path toward a 21st century development future.

Panels at the Dialogues will cover themes including climate change policy, air pollution, energy transitions, jobs, the relationship between technology and public policy, India’s urban trajectory, shifting trends in domestic politics and geopolitics.

The full agenda can be accessed here.

This is an invite only conference. The conference will be livestreamed through CPR’s Facebook page.

ThePrint is CPR’s sole digital partner for the Dialogues and Hindustan Times is the print partner.

Leadership in the Indian Bureaucracy

A BLOG SERIES BY TR RAGHUNANDAN OF THE ACCOUNTABILITY INITIATIVE AT CPR
BUREAUCRACY

The blog series below by TR Raghunandan, an advisor to the Accountability Initiative at CPR, sheds light on how senior IAS officers overcome challenges to do their work and create value for the communities they are responsible for:

Why the Bureaucracy Clicks, and Doesn’t recounts the experiences of V J Kurien, the Managing Director of the Cochin International Airport Limited (CIAL), and how he was able to convince and win the trust of all stakeholders to develop Kochi International Airport. His credibility as someone who strived for consensus helped overcome the challenges of financing, providing gainful employment for thousands of people, and getting the support of a sceptical local administration. An Eye for Detail, further explores Kurien’s exceptional eye for detail and his ‘un-relenting desire to seek economy and efficiency’ that set him apart from most other bureaucrats.

A Bureaucrat’s Endeavours Bear Fruit explores how T Vijaykumar managed to secure tribal rights and increase livelihood for rural women in Andhra Pradesh. It looks back on Vijaykumar’s experience as Managing Director of the Girijan Cooperative Corporation and head of the Society for the Elimination of Rural Poverty, (SERP). The latter, a state-level society, cut through red tape and implemented the state’s ambitious poverty reduction mission thereby supporting 1.15 crore rural poor women in the state. The success of the Andhra Pradesh approach significantly contributed to the evolution of the national model – the National Rural Livelihoods Mission.

The Key to Success in the IAS reflects on the qualities that both Kurien and Vijaykumar exhibited, and how their personal experiences of interacting with the system shaped their professional vision such as dealing with political repercussions and jealousy of colleagues from within the bureaucracy. A Social Sector Crusader delves deeper into Vijaykumar’s career trajectory as a bureaucrat, including the time he was abducted and held for ransom by left wing extremists.

Lessons from Bihar for upcoming state elections in Assam

IN CONVERSATION WITH NEELANJAN SIRCAR
ELECTION STUDIES POLITICS

Neelanjan Sircar, Senior Fellow at CPR, provides a detailed data analysis of the Bihar election in 2015, and why the BJP performed poorly in Assessing Party Performance and Alliance Dynamics in the 2015 Bihar Election.

Drawing on key arguments from the Bihar analysis, he shares below the learning for the BJP for the upcoming state elections (Kerala, West Bengal, Tamil Nadu, Assam, Pondicherry) between April–May, 2016, with a special focus on Assam.

How do the upcoming state elections look for BJP in general?

The BJP is clearly not doing well in the state elections, and if they do not win one in 2016, they would have gone without having won a single state election for nearly two years, which is not good for any party. Four out of the five states slated for election between April and May are not in play for them at all. The only state in which the BJP may do well is Assam, and it is important for them to win this so that their base feels energised and the morale of the party workers is boosted.

What should the BJP learn from the Bihar outcome?

There are two big lessons for the BJP from Bihar:

1. They must figure out a way to work with the state outfits—this was a problem in Bihar. Unlike the Congress, which is really a collection of quite independent state level Congress parties, this avatar of the BJP is far more centralised. In Assam, the BJP state election is being led by a Congress defector, and it might prove tricky to lead a state election through a centralised campaign, which requires negotiating with an opposition party defector.

2. If there is one state where playing the Hindu cultural issues is likely to work, it is Assam, given its Muslim population and the Bangladeshi migrant issue, which are existing fault-lines. That being said, if that is the only card played, it will be hard to win. Tarun Gogoi is weighed down by anti-incumbency, but I always tell people that ‘anti-incumbency’ is an observation, not an explanation ; it only means that people are tired of the incumbent. The BJP needs to develop an explanation in order to appeal to the floating population of voters that may be swung in its favour. Issues like economic growth and infrastructure development tend to draw floating voters and expand vote share. The BJP failed to develop these sorts of narratives in Bihar, often focusing on cultural issues. It must be remembered, however, that such cultural issues can motivate the BJP’s core base of voters but are less effective in drawing the floating voters necessary to win an election.

To what extent will the current debate around ultra-nationalism be a factor in Assam?

It is an open question. As it appears, since a lot of state elections are not going well, the BJP’s return to power in 2019 is unlikely to happen through these state elections. As a result, they are creating this national narrative around nationalism, with the 2019 general elections as the goal.

Sircar and his team will be regularly sharing data analyses; positing trends; field notes; and detailed post-analyses from April through June for all state elections.

Listen to Bharat Karnad comment on the Myanmar strike by the Indian army

11 June 2015
Listen to Bharat Karnad comment on the Myanmar strike by the Indian army
WHETHER IT REDEFINES INDIA’S COUNTER TERRORISM POLICY AND MORE

 

The Myanmar strikes are in the news right now. Do you think it is redefining India’s counter-terrorism policy?

Yes, I think it is. Earlier it was a passive mode where you did not really react in the manner you did this time. This is definitely a new approach by the government wherein they are going to retaliate in a very hard fashion if there is a terrorist attack by anybody across any border.  So it effectively opens up possibilities against China (since it is a disputed border) and Pakistan as well.

The not so good thing that has happened is that it has taken an anti-Pakistan note because of our usual habit of reducing everything down to Pakistan, and in a sense it defeats the larger strategic purpose that we are trying to signal. Unfortunately, former Colonel and current Minister of State for Information & Broadcasting, Rajyavardhan Rathore, putting an anti-Pakistan spin on things in an indirect way has not helped either. Targeting Pakistan is not on because all it does is that Pakistan gets all worked up, everyone starts talking about a possible nuclear scenario, and the essential thing is lost.

Instead, what we are trying to say is – if there is a terrorist strike, we will respond to the strikes by eliminating the terrorists – the groups that are responsible for the strike. Very simple.

The other downside of the strike is that we have also put the Special Forces in the news by sharing their photographs. This is not done. Special Forces are special because they are incognito. Their photographs should never come out because they can become targets. These are secret missions. Now you have gone and said that the 21 Para commandos carried this out. You never let out which commando group did it.

How important is it to have the consent, or the partnership of the country in which you are going to conduct the surgical strikes?

When the countries themselves recognise there is a problem, as the Myanmar government does, as the Bhutanese government earlier did wherein we carried out a similar operation in 2003 eliminating ULFA terrorists, then it is fine. This was in that league, where compliant states were aware of the problem and they also needed help to root out terrorist outfits, which had forcibly occupied space in their own land.

In Burma, the Khaplang NSCN faction for instance (which wants an independent Nagaland), has support from Kachin army, also known as Chin army, which in turn is supported by China. The Kachin or Chin army controls Northern-North Eastern Myanmar. This part of Myanmar is controlled remotely by China through the Kachin army.

This is a much larger situation than merely going across the Manipur border and hitting. It points out the rather grave possibility of bigger powers involved, and I am not talking about Pakistan, but China. This raises the question – would India respond, as we seem to have some evidence of the Khaplang NSCN faction being supported by China through the Kachin army, in a similar manner in Northern Myanmar? Interesting thought. That is what we need to worry about. Pakistan is a very minor issue. We always get side-tracked and that’s what we should avoid doing.

Legal Material on Human wildlife conflict and Biodiversity and Conservation areas

BY CPR-NAMATI ENVIRONMENTAL JUSTICE PROGRAM
ENVIRONMENTAL JUSTICE

The CPR-Namati Environmental Justice Program, with support from Duleep Matthai Nature Conservation Trust has prepared handouts on the legal mechanisms available in Human wildlife conflict in Chhattisgarh, Gujarat, Odisha and Karnataka. These handouts entail:

A brief overview of the present status of human wildlife conflict,
The measures taken by the Centre and states to tackle this, and,
The compensatory mechanisms available in case of human wildlife conflict.
The information in the handouts is based on publicly available information and discussions with partner organisations. It is available in Hindi, Gujarati, Odia and Kannada .

The Program also announced the release of material on the legal framework for conservation and protection areas. This material provides information on the legal provisions under which these areas are formed, the spaces available for the local communities, and the monitoring mechanisms. It is also available in Hindi, Odia, Gujarati and Kannada.