Author: cprindia

REMEMBERING VED MARWAH
OBITUARIES

We are deeply saddened by the demise of Ved Marwah, a long-term associate of the Centre for Policy Research.

He had an extraordinary and illustrious career, during which he held several government posts across the country, including Commissioner of Police, Delhi and Director General of the National Security Guard. Aside from serving the government in a range of advisory roles, he was the governor of three states – Manipur, Mizoram, and Jharkhand. He wrote extensively on security issues.

Mr Marwah was an Honorary Research Professor at CPR, where he was a highly respected and valued colleague and mentor. His passing is an immeasurable loss to CPR and to the wider community.

In Need of Structural Repairs: The Social Justice Project
AS PART OF ‘POLICY CHALLENGES – 2019-2024: THE BIG POLICY QUESTIONS FOR THE NEW GOVERNMENT AND POSSIBLE PATHWAYS’
CPR IDENTITY DISCRIMINATION RIGHTS

By D Shyam Babu

A conspicuous feature of Indian society is the caste system, which is birth-based and hierarchical. In that system, Brahmins (priests), Kshatriyas (warriors) and Vaishyas (tradespeople) are defined as the twice-born and hence upper castes, while the Shudras (artisans) are the servile caste whose sole purpose is to serve the top three castes. The Dalits (former ‘untouchables’) are outside the caste system, hence the moniker Panchamas (the fifth caste, or the outcastes) – a group seen as not even fit to be part of the fourth, servile group, the Shudras. However, recent policy innovations aimed at bringing about inclusive growth have sought to blur these distinctions in such a way as to turn the social justice project under the Constitution of India on its head. It is one thing to assert that every group that needs the state’s support must get it, but it is altogether different to say that the highest in the caste system are as eligible for the state’s patronage as the lowest.

Parts III and Part XVI are the heart and soul of the Constitution. While Part III grants to all Indians the fundamental rights akin to any other democracy, Part XVI addresses the special needs of certain sections – the Scheduled Castes and Scheduled Tribes (SC/STs) and others – who were not in a position to access their rights primarily due to the caste discrimination they suffer from. This section (from Articles 330 to 342) is based on the assumption that while the SC/STs are the victims of caste, there might be other ‘socially and educationally backward classes’ left out of development and in need of the state’s help. As the founding fathers were not sure of the identity of this latter group, they stipulated the establishment of a commission under Article 340 to find out who these classes were and recommend measures to help them; this group came to be known as the Other Backward Classes (OBCs). While the exercise to identify those in need of help has proven to be a never-ending process, it seems to have now entered a phase of chaos.

Of late, two amendments to the Constitution (123rd and 124th amendments) have sought to effect social engineering of a problematic kind. While the 123rd’s import is that Shudras (OBCs) are as badly off as Dalits and tribals (SC/STs), the 124th equates the upper castes – Economically Backward Classes (EBCs) – with Shudras. The blurring of well-recognized social cleavages appears to extend the logic that acknowledging social divisions like caste accentuates those divisions. These two legislative innovations coupled with two other related developments, discussed below, have turned the social justice project under the Constitution on its head.

Recent Developments

NCBC
Through the 123rd amendment the government has set up the National Commission for the Backward Classes (NCBC). Its earlier avatar was a mere entity created by an Act of Parliament; the new version is ‘Constitutional’. The amendment inserted a new Article, 338(B), which falls in Part XVI. The new Article is actually a replica of Article 338 under which the National Commission for the SC/STs (NCSCST) was set up. In the early 2000s, the government bifurcated the NCSCST into two: one for the SCs under the original Article 338 and the other, Article 338A which is a replica of the former. Given the almost similar condition of these two groups and the felt need for an exclusive commission for the STs, the bifurcation was amply justified. However, the same treatment for the NCBC amounts to clubbing OBCs with the SC/STs. There are two dangers implicit in the move.

One, under Sub-clause 5(b), all three commissions are enjoined ‘to inquire into specific complaints with respect to the deprivation of rights and safeguards’ of their respective wards. It is incorrect to assume that OBCs are similar to the SC/STs to such an extent that they need similar safeguards. A logical corollary is that an ill-defined right is bound to kick off a new breed of litigation. The aim of the Constitution is to pull the SC/STs out of their low condition but the new NCBC is by default designed to push OBCs into a condition similar to the SC/STs. In other words, the ‘reform’ will end up converting OBCs into SC/STs.

Two, under Clause 8, all three commissions are given ‘the powers of a civil court trying a suit’. The original provision in the case of SC/STs is due to the fact that these two groups are systematically subjected to discrimination, intimidation and violence. Moreover, in many instances of ‘atrocities’ against these two groups, the accused happen to be the OBCs. Therefore, next time an instance of atrocity is reported wherein the OBCs are the alleged perpetrators, the NCSC or NCST will find itself pitted against NCBC.

Quota for EBCs
Through the 124th amendment the government introduced 10% quota in educational institutions and central government jobs for EBCs. Phase 1 of our quota system sought to help the victims of caste (the SC/STs), and phase 2 focused on those who are mere left behind in the caste system (OBCs). The current phase 3 is geared to benefit those who are at the top of the caste heap, the upper castes, who are not the victims of caste system but its perpetrators. It cannot be anybody’s case that the poor among the so-called upper castes do not deserve state patronage. Under Article 340, the founding fathers did envisage a mechanism to help the needy (‘socially and educationally backward classes’) but what they had in mind was allocation of financial resources (‘the grants that should be made for the purpose’), not setting aside quotas. Although the finer point is a lost cause, the issue deserves attention as it has the potential to make the whole social justice project unworkable.

Verdict on the SC/ST Act
Another fairly recent related development is the Supreme Court’s verdict in March 2018 wherein it sought to ‘dilute’ the SC/ST Atrocities (Prevention) Act, 1989. The Supreme Court reasoned that the misuse of the Act was so rampant that it needed to provide safeguards for those falsely accused under the Act. The ensuing controversy hinged on two opposite arguments: one holds that the atrocities suffered by the SC/STs still remain widespread, not warranting any dilution of the Act, and the other view holds that misuse of the Act is sufficiently widespread – the apex court’s position in the judgment. So far, only opinions have been flying back and forth, but the nation has no idea of the facts. Therefore, even though the matter is sub judice, there is an urgent need to revisit Part XVI, and the laws and institutions that emanated from it, along with collecting instances of use and misuse.

Money without Motive
Separate budgetary allocations for the betterment of SC/STs are classified under two heads: the Scheduled Caste Sub-Plan and the Tribal Sub-Plan. The logic behind these plans is that the government must allocate resources for the welfare of these two groups and the percentage of those allocations must be in proportion to their population in the country. However, the allocations are split vertically and horizontally, resulting in the extraordinary situation of some departments receiving large amounts (sometimes hundreds of crores) under these plans with no or insufficient guidelines on how to spend the money. In the past, the Planning Commission was the nodal agency for this head but it didn’t do a great job. Although the NITI Ayog is now the nodal agency, it has expressed its inability to discharge this duty. Therefore, no agency or ministry is bothered about a large chunk of budgeted amount (in the range of one-forth of the national budget). For example, this year a few scientific and agricultural research institutions suddenly woke up less than a month before the closure of financial year to the fact that they needed to spend money on the welfare of SC/STs.

Broad Policy Direction
The government must revisit Part XVI of the Constitution with the aim of according its social justice project the dignity it deserves. Moreover, the recent toxic accretions would, if not removed, erode the whole mechanism. For example, in the context of reservations in educational institutions and quotas in government jobs, the OBCs are equated with the SC/STs. It will be a small step to extend the logic to political representation for the OBCs in the Lok Sabha and state assemblies. Therefore, the government must:

Rephrase Article 338B through an amendment so as to redefine the aims and objectives of the NCBC. OBCs are truly in need of state support in terms of improving their educational and social standing, but equating them with the Dalits will push them artificially into the ranks of the latter. It will not serve the nation to increase the number of Dalits.
Re-categorize OBCs and EBCs as a single group under Article 340, since the EBCs among the upper castes are ‘educationally backward classes’ and the OBCs are both ‘socially and educationally backward classes’. A way to solve the caste problem is to put in place policies that will eventually reduce the number(s) of its victims. And clubbing OBCs and EBCs will be the first step in that endeavour.
Appoint a statutory study group to examine the working of the 1989 SC/ST Atrocities Act to assess the extent of the Act’s misuse and whether the misuse warrants remedial measures. Every Act/legislation is liable to be misused, but we must ascertain the degree of that misuse to introduce remedial measures to protect the innocent.
Create a nodal agency to determine how the thousands of crores of rupees allocated under the SCSP and TSP are to be spent. This is an extremely sensitive area as it has the potential to create disaffection against SC/ST employees who are meant to be the beneficiaries of these schemes.

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
• Understanding Land Conflict in India and Suggestions for Reform by Namita Wahi
• Regulating New Technologies: Three Central Principles by Ananth Padmanabhan
• Back-end First: A National Agenda for India’s Agricultural Markets by Mekhala Krishnamurthy
• Big Potential, Big Risk: Underachieving Indian Capitalism and the Middle Income Trap by Noopur Sen and Michael Walton

In the wake of the Pathankot terror attack
CPR FACULTY ANALYSE
INDIA-PAKISTAN POLITICS SOUTH ASIA

As former cricketer and leader of ‘Pakistan Tehreek-e-Insaf’ (PTI), Imran Khan is elected the next Prime Minister of the country, it becomes important for India to ascertain the trajectory it is going to follow with respect to its neighbour. While the election was marred by allegations of rigging, military interference and violence, it is clear that Pakistan’s strategic relationship and foreign policy towards India will be impacted, especially when important issues like terrorism and Kashmir are on the table. In this curated media commentary below, CPR faculty analyse this important development across the border.

G Parthasarathy writes in ‘The Tribune’ about the involvement of the army in the elections of Pakistan, highlighting how it has backed the PTI, and undermined democratic processes and freedom by gagging the media and targeting those who go against its wishes. He further reiterates this in ‘The Economic Times’, detailing how the newly elected Prime Minister, who is often referred to as ‘Taliban Khan’, faces the challenge of acting against terrorism, given Pakistan’s dwindling foreign exchange reserves and the dire need of an IMF (International Monetary Fund) bailout. In ‘PrimeTimes.IN’, Parthasarathy underscores the role of the army in Nawaz Sharif’s ouster and arrest and the general elections of 2018 and its involvement in Pakistan’s policy towards countries like China, India, Afghanistan, and the US, among others. In ‘The New India Express’, he warns that ‘He (Imran Khan) will remain in power as long as he remembers that the real keys to power are not with him in Islamabad, but in the Army’s GHQ (General Headquarters) in Rawalpindi.’

Brahma Chellaney writes in the ‘Hindustan Times’ about how India should deal with the ‘Mecca of terrorism’ Pakistan has become. While ‘India’s policy pendulum on Pakistan actually swings from one extreme to the other — from vowing a decisive fight to making schmaltzy overtures’, Chellaney establishes that ‘after this contrived election, Pakistan seriously risks slipping deeper into a jihadist dungeon’.

Shyam Saran appeared on an episode of Wide Angle on ‘The Wire’ where he analysed the result of the Pakistan election and the repercussions it has on India, exploring whether this serves as an opportunity to resume structured dialogue with the country, given that Khan has called for increase in trade between the two neighbours.

CLEARING THE AIR: NEW MONTHLY COLUMN IN THE HINDUSTAN TIMES BY NAVROZ K DUBASH
AIR POLLUTION POLITICS

In the first instalment of a monthly op-ed series in the Hindustan Times entitled Clearing the Air, Professor Navroz K Dubash argues that India must jettison the impoverished idea of an environment-development trade-off.

The government’s interim budget intriguingly included several broad environmental objectives in its Vision 2030. Included in its 10-point agenda were ease of living, a pollution-free India, and clean rivers. For the government to explicitly include environmental objectives is necessary and welcome. But in the absence of concrete measures — and there were almost none in this interim budget — simply laying out ambitious goals is far from sufficient.

It is important to understand just how dismal is the state of India’s environment. Three in five monitored rivers across the country are polluted. Much of our solid waste is unprocessed even in wealthy parts of the country — 90% in Maharashtra and 48% in Delhi. Three-quarters of India’s population lives in areas where air pollution (PM2.5, the most harmful pollutant) exceeds the Indian national standard, which itself is four times higher than the global standard. In fact, 72 of 640 districts in the northern belt have emissions more than 10 times worse than the global standard. Taken together, a recent Global Environmental Quality Performance Index ranked India 177th out of 180 countries.

This worrying situation is fundamentally one of health. Poor air, water and solid waste disposal affect the health of India’s citizens and particularly its children. For example, a WHO report suggests that 10% of the children who die before the age of five do so due to air pollution.

We have come to this sorry situation partly because of a mistaken notion that environmental quality is a luxury, and that pollution is a necessary, if unfortunate, side effect of development. Indira Gandhi’s oft-quoted line “poverty is the greatest polluter” has often been used to argue for a trade-off between poverty reduction and environmental protection, and that India should focus on the former. But as Jairam Ramesh noted in his book on Mrs Gandhi’s environmental thought, her message was nuanced: while the needs of the poor should indeed not be forgotten, they can and should be met without despoiling nature. Forty five years on, this is a nuance worth recovering.

Growing now and cleaning up later is a flawed approach for several reasons. First, and most important, the poor are the worst affected by environmental destruction. The livelihoods of farmers, fishers and forest dwellers are immediately affected by a degraded environment, and the poor are far less able to insulate themselves against dirty water and air than the rich. Pollution makes the impact of poverty worse.

Second, postponing cleaning up until we are rich is an impossible prospect: at a per capita GDP one-third of China’s, India already has more cities with chronic air pollution than China. Do we really want to be multiple times as polluted as China when we reach their GDP, let alone that of developed countries? Moreover, many of the effects of pollution are not easily reversible; ecosystems once destabilised cannot be returned to their original state.

Third, it is simplistic to think of environmental safeguards only as a drag on growth. A degraded environment itself has impacts on the economy: pollution adds to public health burdens; destroyed environments cannot provide ecosystem services such as filtering waste and buffering against storms; and degraded resources wreck the livelihoods of the poor. Moreover, as we move toward a knowledge economy, high-skilled talent will refuse to live in toxic urban environments. A despoiled environment will add to the cost of doing business.

Finally, going green can actually be a pathway to growth in a world where there is growing attention to the world’s oceans, climate and forests. The world is undergoing a renewable energy revolution, with a competitive advantage for countries best placed to seize the moment. Ideas of the circular economy — waste streams from one industrial process form inputs for another process — promise efficiency gains with both environmental and economic payoffs. Increasingly, there is more scope for growth through enhancing the environment than by devastating it.

To go beyond broad vision statements to effective action requires broader political mobilisation around demands for a healthier environment. There are pockets of mobilisation — resource dependent communities swept aside by industrial development and some urban elites beginning to prioritise environmental liveability over consumption — but these are isolated voices. Finally, sustainable growth requires smarter environmental governance. At the moment, every environmental problem is a nail waiting for the hammer of judicial or administrative enforcement. Instead we need to combine effective regulation, behavioural change and technological solutions to meet multiple social and ecological objectives. An important starting point is jettisoning the impoverished idea of an environment-development trade-off.

Navroz K Dubash is a Professor at the Centre for Policy Research. This is the first article in a monthly op-ed series in the Hindustan Times entitled ‘Clearing the Air.’ The original article, which was posted on February 6, 2019, can be found here.

Read more in the Clearing the Air series:

• Green industrial policy is a timely idea for India to explore
• Our clean air plan is a missed chance
• Can India grow now and clean up later? No, it can’t
• How to Avoid the Middle Income Trap

LISTEN TO THE INDIA AND THE PANDEMIC PODCAST SERIES
PODCAST ECONOMY HEALTH

The Indian economy was going through an unprecedented slowdown that was exacerbated by the first wave of the COVID-19 pandemic and resultant national lockdown. Just as the economy was showing signs of recovery, the country has been hit by the virulent second wave. With multiple localised lockdowns, a halt on mobility and economic activity and an unprecedented health crisis, this time, the ravages of the pandemic are being felt across the nation, even rural areas.

What has been the impact of the second wave on India’s economy and how does it differ from the first wave? In this episode of India Speak, Yamini Aiyar (President and Chief Executive, CPR) speaks to Pranjul Bhandari (Managing Director and Chief India Economist, HSBC). Bhandari sheds light on the state of India’s economy before the second wave hit, the implications of the second wave particularly for the informal sector and why it needs a special focus and what a policy response to the economic crisis from the Centre and states should look like.

About the Series

The second wave of the COVID-19 pandemic poses serious challenges that need immediate attention. The collapse of an already strained health system, vaccine supply shortage, an unprecedented economic crisis and sharpening inequality, are factors that raise crucial concerns. How must India confront this crisis? The Centre for Policy Research (CPR) brings leading experts to discuss what the country’s response should look like in a new podcast series, India and the Pandemic.

LISTEN TO THE INDIA AND THE PANDEMIC PODCAST SERIES
PODCAST ECONOMY HEALTH

The second wave of the pandemic saw localised lockdowns across India that brought economic activities to a halt. What has been the impact of this on unemployment and labour force participation? In this episode of India Speak, Yamini Aiyar (President and Chief Executive, CPR) speaks to Mahesh Vyas [Managing Director and Chief Executive Officer, Centre for Monitoring the Indian Economy (CMIE)]. Through its surveys, CMIE has been closely tracking the health of the Indian economy, particularly the labour market, consumer sentiment and investment patterns.

Vyas sheds light on the trends in unemployment and labour participation rates during the peak of the national lockdown, the phase of economic recovery and the second wave. He discusses the impact of increased informality and decreased female labour force participation and the lessons learned from the first wave of COVID-19. Further, he underscores the impact of the second wave on consumer sentiment and what the government must do to revive the economy. Finally, he discusses the need to monitor the economy regularly and ways to strengthen India’s statistical systems.

About the Series

The second wave of the COVID-19 pandemic poses serious challenges that need immediate attention. The collapse of an already strained health system, vaccine supply shortage, an unprecedented economic crisis and sharpening inequality, are factors that raise crucial concerns. How must India confront this crisis? The Centre for Policy Research (CPR) brings leading experts to discuss what the country’s response should look like in a new podcast series, India and the Pandemic.

Listen to other episodes in this series:

• Impact of the Second Wave on the Economy featuring Pranjul Bhandari

LISTEN TO THE INDIA AND THE PANDEMIC PODCAST SERIES
PODCAST ECONOMY HEALTH

The State of Working India 2021 report by the Centre for Sustainable Employment (CSE) at the Azim Premji University finds that the pandemic has further increased informality and led to a severe decline in earnings for the majority of workers resulting in a sudden increase in poverty. In particular, the poor, women and younger workers have disproportionately borne the brunt of the pandemic.

To discuss key findings of the report and more, Yamini Aiyar (President and Chief Executive, CPR) speaks to Amit Basole (Associate Professor of Economics and Head, CSE, Azim Premji University) in this episode of India Speak. Basole sheds light on the trends in employment patterns and the dynamics of informality in India’s labour market prior to the pandemic, to make sense of the slow structural transformation in the economy. He discusses the implications of the differentiated gender dynamics, the move to informality and the loss of income for India’s economy. He further highlights what the policy response should be to the immediate crisis and the lessons that can be learned from it.

About the Series

The second wave of the COVID-19 pandemic poses serious challenges that need immediate attention. The collapse of an already strained health system, vaccine supply shortage, an unprecedented economic crisis and sharpening inequality, are factors that raise crucial concerns. How must India confront this crisis? The Centre for Policy Research (CPR) brings leading experts to discuss what the country’s response should look like in a new podcast series, India and the Pandemic.

Listen to other episodes in this series:

• Impact of the Second Wave on the Economy featuring Pranjul Bhandari
• Impact of the Second Wave on Unemployment and Labour Force Participation featuring Mahesh Vyas

LISTEN TO THE INDIA AND THE PANDEMIC PODCAST SERIES
PODCAST ECONOMY HEALTH

Unlike last year during the first wave of the COVID-19 pandemic, the second wave witnessed the virus making inroads into rural areas of India as well. To discuss this and more, Yamini Aiyar (President and Chief Executive, CPR) speaks to Abhijit Chowdhury (Chief Advisor, Liver Foundation, West Bengal) in this episode of India Speak.

Chowdhury discusses what the on-ground realities look like in rural India. He sheds light on how the health system in these areas can be prepared to respond to this unfolding crisis. Finally, he discusses what it will take to achieve universal vaccination for all adults in these areas, advocating for a community-based approach to both treatment and vaccination.

About the Series

The second wave of the COVID-19 pandemic poses serious challenges that need immediate attention. The collapse of an already strained health system, vaccine supply shortage, an unprecedented economic crisis and sharpening inequality, are factors that raise crucial concerns. How must India confront this crisis? The Centre for Policy Research (CPR) brings leading experts to discuss what the country’s response should look like in a new podcast series, India and the Pandemic.

Listen to other episodes in this series:

• Impact of the Second Wave on the Economy featuring Pranjul Bhandari
• Impact of the Second Wave on Unemployment and Labour Force Participation featuring Mahesh Vyas
• Impact on Jobs, Incomes, Inequality and Poverty featuring Amit Basole

LISTEN TO THE INDIA AND THE PANDEMIC PODCAST SERIES
PODCAST HEALTH

The second wave of the COVID-19 pandemic saw rural parts of India get affected as well, unlike the previous year during the first wave. In this episode of India Speak, Yamini Aiyar (President and Chief Executive, CPR) speaks to Anurag Behar (Chief Executive Officer, Azim Premji Foundation) to discuss the impact of COVID-19 in the hinterlands. How are people in those areas responding to the pandemic? What are the economic consequences beyond just the health consequences they face?

Behar walks us through his experiences over the last few months visiting different parts of the country that were ravaged by the virus. He sheds light on the stigma associated with COVID, the challenges of documenting death, and the state of India’s health infrastructure. He further discusses the levels of economic deprivation, condition of hunger, the potential for schools reopening and more. Finally, Behar share’s his perspective on what we need to do now, in advance of a potential third wave.

About the Series

The second wave of the COVID-19 pandemic poses serious challenges that need immediate attention. The collapse of an already strained health system, vaccine supply shortage, an unprecedented economic crisis and sharpening inequality, are factors that raise crucial concerns. How must India confront this crisis? The Centre for Policy Research (CPR) brings leading experts to discuss what the country’s response should look like in a new podcast series, India and the Pandemic.

Listen to other episodes in this series:

• Impact of the Second Wave on the Economy featuring Pranjul Bhandari
• Impact of the Second Wave on Unemployment and Labour Force Participation featuring Mahesh Vyas
• Impact on Jobs, Incomes, Inequality and Poverty featuring Amit Basole
• Responding to the Spread of COVID-19 in Rural India featuring Abhijit Chowdhury