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1. Circular Business Models: Policy Enablers for Plastic Packaging Alternatives in India

Author:
Jenny To
Publication Date:
01-2023
Content Type:
Working Paper
Institution:
German Institute of Development and Sustainability (IDOS)
Abstract:
In recent years, global production of plastics has surged and is expected to increase further over the following years, with over a quarter being attributed to plastic packaging. Plastic packaging poses environmental risks due to the fossil fuels consumed in its production and the impact on eco-systems due to its inappropriate disposal. A large share of mismanaged plastic waste can be attributed to a few developing and emerging countries (DECs) in Asia. Their expected income and population growth, as well as associated increase in consumption and urbanisation, is expected to further strain inadequate waste management systems. In response, young ventures offering circular business models in packaging have emerged to tackle plastic packaging pollution. These ventures are embedded in an entrepreneurial ecosystem in which policies are, among others, determining enablers, and policy-makers have a key role in setting optimal framework conditions for circular business models in packaging to succeed. At the same time, policy agendas that address resource efficiency and the circular economy are on the rise in multiple DECs. For this reason, this paper addresses the question of the extent to which existing policies are supporting and enabling circular business models. This paper first discusses opportunities, risks, and challenges of existing circular business models in packaging in terms of waste hierarchy levels – reducing and dematerialising, reusing and refilling, replacing, and recycling – before examining the entrepreneurial ecosystems in which they operate. With a focus on policy as an enabler for circular business models in packaging, a holistic overview of possible policies in the circular packaging context is provided. Against this conceptual background, India is examined as a case-study. In recent years, multiple Indian start-ups have emerged, offering reusable packaging solutions or bio-based packaging alternatives, while other ventures seek to improve waste management and recycling. India’s previously introduced policies, including the Plastic Waste Management Rules, Swacch Bharat Mission, extended producer responsibility and a ban on single-use plastic, are the first stepping stones towards an enabling ecosystem for circular business models in packaging. However, this paper points out further opportunities – so far, India’s key policies have been addressing the downstream on the macro level. This study showed that macro-level policies need further enforcement and should be complemented by upstream policies. Meanwhile, meso-level and micro-level policies have been rather neglected. Policy-makers and development cooperation are encouraged to take action now, given the limited window of opportunity to establish a supporting framework for circular economies in development policy.
Topic:
Environment, Business, Waste, and Plastic
Political Geography:
South Asia and India

2. The State of India’s Pollution Control Boards: Who is in the field?

Author:
Bhargav Krishna, Arunesh Karkun, Sharon Mathew, Prannv Dhawan, and Shibani Ghosh
Publication Date:
10-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Indo-Gangetic plain (IGP) in India is one of the most polluted regions in the world. A densely populated region, with a large number of sources emitting a range of pollutants, regulating air pollution here is an extremely difficult and complex task. Several measures are afoot to improve air quality in this region, and the State Pollution Control Boards and Pollution Control Committees (SPCBs/PCCs) are playing a key role. However, these frontline agencies in pollution regulation are faced with several institutional constraints and challenges in discharging their mandate effectively. In ‘The State of India’s Pollution Control Boards’, we explore some of the key institutional issues faced by Boards in the IGP through a series of working papers: 1) “Who has a seat at the table?” – Examines the composition of the Boards and their ability to engage in policymaking and take decisions in furtherance of their statutory goals; 2) “Who is at the helm?” – Analyses the qualifications of the Board's leadership - the Chairperson and the Member Secretary, the length and stability of their tenure, and whether they are well-placed to guide the Boards' functioning; and 3) “Who is in the field?” – Evaluates the adequacy of the Boards' capacity – particularly technical capacity – to perform critical functions like consent granting, inspection, monitoring, and enforcement. In this paper – the third in the series – we focus on the technical capacity of the Boards, specifically the state of technical staff (engineers and scientists) employed by the Boards. The environmental engineers and scientists of an SPCB form the backbone of the institutional structure for pollution regulation. They carry out the fundamental task of the SPCBs, namely the review and grant of approvals under the environmental law regime. They evaluate applications from industries, conduct inspections or inquiries, collect and evaluate air and effluent samples, and issue approvals where applicable. Through their work, they provide the structural underpinnings to the “command and control” approach to pollution management. Several earlier reports have highlighted the significant staff constraints under which SPCBs function, highlighting in particular the high rate of vacancies among technical staff (1–3). In the context of a rapidly industrializing State, and an evolving environmental regulatory regime, there is a need for SPCBs to be appropriately skilled and staffed.
Topic:
Environment, Governance, Regulation, Pollution, and Personnel
Political Geography:
South Asia and India

3. Submission to the Commission on Air Quality Management in NCR and Adjoining Areas (CAQM)

Author:
Shibani Ghosh, Bhargav Krishna, Navroz K. Dubash, Sharon Mathew, and Arunesh Karkun
Publication Date:
01-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The setting up of the Commission for Air Quality Management (CAQM) represents a significant milestone for air quality management in India. The Commission’s ability to perform its functions effectively and facilitate measures that will improve air quality in the NCR and adjoining areas for the long term will likely be impacted by several political, economic, technical, and social factors. In such a scenario, it is essential that the Commission enjoys sustained public trust as being non- partisan as well as a technically sound and socially sensitive body. The CAQM’s mandate is a statutory expression of the fundamental right of Indians to breathe air that is not harmful to their health. Its functioning should therefore reflect an inclusive and participative approach that allows citizens to claim and protect their right and prevent its encroachment when possible. At the Initiative on Climate, Energy and Environment (ICEE) at the Centre for Policy Research (CPR), we have been closely studying the functioning of various environmental regulators, and for the past four years have been working specifically in the area of air quality regulation and governance. Based on our research, we have identified five broad themes for the Commission to consider as it implements its statutory mandate: taking a holistic, long-term regional approach; tracking progress of NCAP implementation; ensuring transparency through proactive disclosure and timely reporting; developing enforcement protocols and grievance redressal mechanisms; and encouraging informed public consultation. We also suggest specific action points as illustrations under each of these themes.
Topic:
Environment, Governance, Regulation, Pollution, and Air Pollution
Political Geography:
South Asia and India

4. Fly Ash Management in India: A Critique of existing and proposed frameworks

Author:
Vidya Viswanathan, Kanchi Kohli, and Manju Menon
Publication Date:
08-2021
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
On 22.04.2021, India’s Environment Ministry published a Draft Fly Ash Notification, which was open for public comments for 60 days and sought to replace the earlier notifications with respect to fly ash management since 1999. As a response to the draft, we made a submission to the Ministry on the need to reassess the approach, design and content of the fly ash related regulations. This submission highlighted five main issues that lead to enforcement challenges in regulating fly ash. The Environmental Justice Program at Centre for Policy Research has been studying the issue of fly ash mismanagement and its failures in Chhattisgarh, Gujarat and Odisha. Based on our research on the regulatory gaps in fly ash management and the social and ecological impacts from it, we have put together a report which elaborates on the five main issues identified in the submission made to the Ministry. This report: Discusses the lacunae in the implementation of the existing fly ash management regulations using primary and secondary data. And compares the proposed draft against the backdrop of current status of fly ash management efforts.
Topic:
Environment, Pollution, and Management
Political Geography:
South Asia and India

5. Toward Accountable Nuclear Deterrents: How Much is Too Much?

Author:
George Perkovich
Publication Date:
02-2020
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
For decades, policy debates in nuclear-armed states and alliances have centered on the question, “How much is enough?” What size and type of arsenal, and what doctrine, are enough to credibly deter given adversaries? This paper argues that the more urgent question today is, “How much is too much?” What size and type of arsenal, and what doctrine, are too likely to produce humanitarian and environmental catastrophe that would be strategically and legally indefensible? Two international initiatives could help answer this question. One would involve nuclear-armed states, perhaps with others, commissioning suitable scientific experts to conduct new studies on the probable climatic and environmental consequences of nuclear war. Such studies would benefit from recent advances in modeling, data, and computing power. They should explore what changes in numbers, yields, and targets of nuclear weapons would significantly reduce the probability of nuclear winter. If some nuclear arsenals and operational plans are especially likely to threaten the global environment and food supply, nuclear-armed states as well as non-nuclear-weapon states would benefit from actions to physically reduce such risks. The paper suggests possible modalities for international debate on these issues. The second initiative would query all nuclear-armed states whether they plan to adhere to international humanitarian law in deciding if and when to detonate nuclear weapons, and if so, how their arsenals and operational plans affirm their intentions (or not). The United Kingdom and the United States have committed, in the words of the 2018 U.S. Nuclear Posture Review, to “adhere to the law of armed conflict” in any “initiation and conduct of nuclear operations.” But other nuclear-armed states have been more reticent, and the practical meaning of such declarations needs to be clarified through international discussion. The two proposed initiatives would help states and civil society experts to better reconcile the (perceived) need for nuclear deterrence with the strategic, legal, and physical imperatives of reducing the probability that a war escalates to catastrophic proportions. The concern is not only for the well-being of belligerent populations, but also for those in nations not involved in the posited conflict. Traditional security studies and the policies of some nuclear-armed states have ignored these imperatives. Accountable deterrents—in terms of international law and human survival—would be those that met the security and moral needs of all nations, not just one or two. These purposes may be too modest for states and activists that prefer the immediate prohibition and abolition of nuclear weapons. Conversely, advocates of escalation dominance in the United States and Russia—and perhaps in Pakistan and India—will find the force reductions and doctrinal changes implied by them too demanding. Yet, the positions of both of these polarized groups are unrealistic and/or unacceptable to a plurality of attentive states and experts. To blunt efforts to stifle further analysis and debate of these issues, the appendix of this paper heuristically rebuts leading arguments against accountable deterrents. Middle powers and civil society have successfully put new issues on the global agenda and created political pressure on major powers to change policies. Yet, cooperation from at least one major nuclear power is necessary to achieve the changes in nuclear deterrent postures and policies explored here. In today’s circumstances, China may be the pivotal player. The conclusion suggests ways in which China could extend the traditional restraint in its nuclear force posture and doctrine into a new approach to nuclear arms control and disarmament with the United States and Russia that could win the support of middle powers and international civil society. If the looming breakdown in the global nuclear order is to be averted, and the dangers of nuclear war to be lessened, new ideas and political coalitions need to gain ascendance. The initiatives proposed here intended to stimulate the sort of analysis and debate from which such ideas and coalitions can emerge.
Topic:
Arms Control and Proliferation, Environment, Nuclear Power, Weapons, and Deterrence
Political Geography:
Pakistan, Russia, China, India, Global Focus, and United States of America

6. Comments on the Draft EIA Notification 2020

Author:
Shibani Ghosh
Publication Date:
07-2020
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Ministry of Environment, Forest and Climate Change has proposed a new notification to supersede the Environment Impact Assessment (EIA) Notification 2006 that is currently in force. The Ministry has sought comments from the public on this draft EIA Notification 2020. Shibani Ghosh, Fellow, CPR, in her comments to the Ministry has highlighted that there is a crying need to overhaul the EIA Notification 2006 and the regulatory framework built around it – not only to address its various inherent weaknesses that have been identified over the years, but also to put in place systems and processes that respond to the steadily degrading environmental quality in the country. However, the draft EIA Notification 2020 fails to do so. According to Ghosh, in its current form, the draft Notification is legally untenable as it does not conform to its parent Act – the Environment (Protection) Act 1986, and is in the teeth of various judgments of the Supreme Court, High Courts and the National Green Tribunal. It dilutes the already weak processes of environmental impact assessment, expert scrutiny and public consultation, and wrongly condones violations and illegalities. The comments are divided into two sections. Section I discusses four specific reasons why the draft notification is legally untenable and Section II highlights five major concerns that arise from the proposed regulatory design.
Topic:
Environment, Governance, and Judiciary
Political Geography:
South Asia and India

7. Pursuing a Clean Air Agenda in India During the COVID Crisis

Author:
Santosh Harish and Shibani Ghosh
Publication Date:
07-2020
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Air quality was gradually gaining political salience in India in the last few years, but COVID-19 and the deepening economic recession may now change the speed, and possibly the direction, of progress. The aim of this report is to begin the process, even amidst uncertainties, of understanding the effects of the COVID crisis on the air quality discourse in the country, and on the mitigation efforts already underway. We begin with a brief overview of the air quality improvements observed during the lockdown, and then identify some likely implications of the pandemic on how we frame the air quality problem. In view of state actions and public response during the COVID crisis, how should we, if at all, adapt our current framing of air pollution as a public health crisis? In the next section, we discuss broad financial, regulatory and institutional implications: in particular, the need to engage with the available funding channels to initiate and sustain measures to improve air quality amid significant fiscal constraints. There is a worrying erosion of environmental safeguards, which may – in part – be justified as a prerequisite to restarting the economy, and facilitating “ease of doing business”. Given that air quality management in India needs a multi-pronged approach across disparate sources, we then reflect on how the disruptions affect each of the major sources, and the resultant opportunities and challenges.
Topic:
Environment, Governance, Pollution, Public Health, and COVID-19
Political Geography:
South Asia and India

8. Reuse and Recycling of Faecal Sludge-derived Biosolids in Agriculture

Author:
Neha Agarwal, Ambarish Karunanithi, and Anju Dwivedi
Publication Date:
05-2020
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
The rapid proliferation of toilets under the Swachh Bharat Mission has necessitated the safe collection, conveyance, and treatment of faecal sludge and septage. Accordingly, the National Policy on Faecal Sludge and Septage Management (FSSM), 2017, sets the imperative for streamlining the citywide sanitation service chain. In doing so, it promotes closing of the resources loop through recycling and reuse of treated wastewater and faecal sludge-derived biosolids. The 2017 amendment to the Environment (Protection) Rules, 1986, lays down clear standards and guidance for recycling of treated wastewater. However, a regulatory lacuna concerning biosolids -whose use as a fertilizer in agriculture has been shown to enhance crop yields and reduce the burden of synthetic fertilizers - deters local action in accessing opportunities for their recycling formally. This guidance note, reviewing international biosolids regulations, is intended as an aid for policymakers and regulators at the national and state level in developing a standard for biosolids utilization in agriculture which is easy to interpret and implement, promotes their scientific and safe reuse, and ensures the protection of the health of the users, the local communities, the consumers, and the environment at large.
Topic:
Agriculture, Environment, Health, Sanitation, and Recycling
Political Geography:
South Asia and India

9. Faecal Sludge Treatment Facilities – Land and Environmental Clearances Research

Author:
Anju Dwivedi and Shikha Shukla Chhabra
Publication Date:
08-2020
Content Type:
Policy Brief
Institution:
Centre for Policy Research, India
Abstract:
The overall vision of Project Nirmal is the demonstration of appropriate, low-cost, decentralized, inclusive and sustainable sanitation service delivery solutions for two small towns (Angul and Dhenkanal) in Odisha leading to improved sanitation access for all households and integration of FSM in the sanitation value chain, through enabling institutional and financial arrangements and increased private sector participation. The project is being implemented by Practical Action and Centre for Policy Research with support from Bill and Melinda Gates Foundation; Arghyam; Housing and Urban Development, Government of Odisha; and Municipalities of Angul and Dhenkanal.
Topic:
Environment, Infrastructure, Sanitation, Land, and Inclusion
Political Geography:
South Asia and India

10. Should Regulators Make Electric Utilities Pay Customers for Poor Reliability?

Author:
Shefali Khanna and Kevin Rowe
Publication Date:
06-2020
Content Type:
Policy Brief
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
In September 2017, the Delhi Electricity Regulatory Commission (DERC) required that the city’s regulated electricity distribution utilities pay compensation to customers experiencing power outages of three hours or longer. The measure was intended to incentivize the utilities to invest in the infrastructure and management practices needed to deliver higher levels of service quality. In 2019, India’s central government announced that it was considering rolling out a similar policy for utilities across the country. Can outage compensation policies help India’s power system achieve better reliability for all customers? This policy brief describes the persistent challenge of poor electricity reliability in India and how it interacts with key regulatory policies, analyzes Delhi’s experience with outage compensation since 2017, and highlights areas for additional economic and policy research on this topic.
Topic:
Energy Policy, Environment, Natural Resources, Infrastructure, Economic Policy, and Electricity
Political Geography:
South Asia, India, and Asia-Pacific

11. Sustainability and Ancient Wisdom

Author:
Gauri Shankar Gupta
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
India International Centre (IIC)
Abstract:
The existence of life is closely intertwined with nature. Nature provides the support system for the survival of different species of life that exist on planet earth. As evident from historical records, for thousands of years, humanity lived in a harmonious relationship with nature. The Industrial Revolution marked a major turning point in the earth’s ecology and humans’ relationship with their environment. Particularly, since the 1950s, with the combination of capitalism, consumerism and contamination, a serious conflict has arisen between man and nature. Extraction of minerals at an unprecedented rate, degradation of soil, manifold increase in water usage, massive contamination of water bodies, increasing air pollution and nonbiodegradable waste, deforestation and loss of biodiversity are posing new threats to the very existence of humanity. In this context, the article examines the wisdom of our ancestors for restoration of harmony between man and nature so that the survival of our progeny is not endangered.
Topic:
Environment, History, Pollution, Sustainability, Nature, Ecology, and Industrial Revolution
Political Geography:
South Asia and India

12. Parameters for Developing Cross-border Sustainable Infrastructure

Author:
Jyotsna Bapat
Publication Date:
12-2020
Content Type:
Working Paper
Institution:
Gateway House: Indian Council on Global Relations
Abstract:
India, till 2014, had bilateral trade and infrastructure agreement treaties with its Asian neighbours. India, through the Ministry of External Affairs (MEA), has been investing in trilateral and multilateral infrastructure projects since 2014, with its littoral (coastal) and inland neighbours in Asia. While it demonstrates the growing potential of infrastructure diplomacy, it also puts India in direct competition with China, which through its own infrastructure initiative, has been involved in building physical infrastructure in India’s neighbours. This paper argues that taking into account environmental security as a parameter for developing cross border sustainable infrastructure, during signing of MoUs in these treaties, will provide a unique opportunity for India to develop norms for environmental and social security framework/policy, training assistance, and capacity building in its funded projects in other countries.
Topic:
Environment, Infrastructure, Geopolitics, Multilateralism, and Social Security
Political Geography:
South Asia, India, and Asia

13. State-led Responses to the Indian Energy Challenge: Infrastructure Expenditure, Central Public Sector Enterprises and Electrification

Author:
José Eduardo Cassiolato, Maria Gabriela von Bochkor Podcameni, Elisa Possas Gomes, and Manuel Gonzalo
Publication Date:
03-2019
Content Type:
Research Paper
Institution:
BRICS Policy Center
Abstract:
In the 21st century, economic growth, increasing urbanization, demographic expansion, and advances in electrification as important drivers of energy demand have put significant pressure on the Indian energy landscape. Indeed, energy infrastructure problems are a major hindrance to India’s economic growth. The central objective of this paper is to present and analyze some of the main State-led policy efforts that have been put in place to address India’s energy challenge. In particular, we examine three main types of state-led energy policy in India: a) infrastructure expenditure, b) Central Public Sector Enterprises (CPSEs) investments and Research and Development (R&D) strategies, and c) electrification. Firstly, we present and examine current data on the role of the state in the development of India’s energy sector. Secondly, we provide a nuanced examination of the role of public-private relations in India’s energy sector, especially in contrast to the widespread advancement of the neoliberal agenda in the country recent years. We conclude that the Indian State has fostered an increasing participation of the private sector in infrastructure, especially in renewable energies in which PPPs type of procurement have been more relevant. CPSEs’ expenditure in R&D has been of main importance in oil as well as in power. However, most of them tend to adapt foreign technologies instead of balancing foreign technologies with domestic technological efforts. Therefore, a main contemporary challenge for the Indian CPSEs performing in the energy sector is to deepen their connections and interaction with the other Indian NSI actors. Through the electrification process, the State has created markets for the private sector. Finally, we recommend further energy-related questions to be addressed in future research projects.
Topic:
Climate Change, Energy Policy, Environment, United Nations, Public Sector, Renewable Energy, Private Sector, and Sustainability
Political Geography:
India

14. Fuel Subsidy Reform and Green Taxes: Can Digital Technologies Improve State Capacity and Effectiveness?

Author:
Alan Gelb and Anit Mukherjee
Publication Date:
07-2019
Content Type:
Working Paper
Institution:
Center for Global Development
Abstract:
Reforming inefficient and inequitable energy subsidies continues to be an important priority for policymakers as does instituting “green taxes” to reduce carbon emissions. Simply increasing energy prices will have adverse impact on poorer consumers, who may spend substantial budget shares on energy and energy-intensive products even though the rich typically appropriate more of the price subsidy. Equitable pricing reforms therefore need to be accompanied by programs to transfer compensation: depending on the situation, this can be targeted or universal. Successful reforms require measures to raise awareness-of the subsidies and the problems they cause, effective dissemination of the reform to the population, and rapid feedback loops to facilitate mid-course corrections. Digital technology, including for unique identification and payments, as well as general communications, can help build government capacity to undertake such reforms and respond to changes in fuel markets. The paper outlines the use of digital technology, drawing on four country cases. The technology is only a mechanism; it does not, in itself, create the political drive and constituency to push reform forward. However, it can be employed in a number of ways to increase the prospects for successful and sustainable reform.
Topic:
Climate Change, Energy Policy, Environment, Science and Technology, Reform, and Digitalization
Political Geography:
Africa, Middle East, India, and Latin America

15. Historical injustice and “Bogus” claims: Large infrastructure, conservation and forest rights in India

Author:
Kanchi Kohli
Publication Date:
06-2019
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
This essay examines the role of India’s 2006 Forest Rights Act in the procedures that regulate transfer of forest land to large infrastructure projects. Specifically, it shows the gap between the legally mandated requirements and how these are implemented in project approval processes. This is illustrated through a case study of the coal mining approvals in the Hasdeo Arand forest region in the central Indian state of Chhattisgarh. The essay also outlines the different actors who have influenced the discourses on forest rights of Adivasi and other forest dwelling communities and what they identify as factors that challenge the implementation of this law on the ground. It juxtaposes this analysis in the context of the recent decision of the Supreme Court of India on eviction of forest dwellers and examines whether that would bring in any structural change in the way the law is implemented.
Topic:
Environment, Human Rights, Infrastructure, Courts, Conservation, and Land Rights
Political Geography:
South Asia, India, and Asia

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

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

17. Closing the Enforcement Gap: A community led groundtruthing of the expansion of a National Highway Project in Uttara Kannada

Author:
Centre for Policy Research
Publication Date:
12-2019
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Linear projects like highways have the potential to change existing land use of large areas. These changes are not limited only to the stretches made for transportation of vehicles. The effects of construction are also visible on landscapes on both sides of highways. This study presents the findings of a two-year long groundtruthing study carried out between June 2016 and August 2018 along 187 kilometres of National Highway 66. The study is a collaborative effort of the Centre for Policy Research-Namati Environmental Justice Programme and communities from towns and villages situated between Karwar and Kundapur, especially the 27 Panchayats, in the district of Uttara Kannada in Karnataka. The study presents evidence of non-compliance of environmental safeguards resulting in social, economic and health impacts on the local communities in the project areas. It also highlights several aspects that were not taken into account in the project’s impact assessments. The study includes a broad assessment of the project’s scale of direct impacts. During the course of the study, the following types of non-compliance were identified: Permissions for blasting, groundwater and river water withdrawal were not taken; Dumping soil on wetlands and creeks caused flooding and salt water intrusion; The construction caused soil erosion and landslides along embankments; Non-submission of six-monthly compliance reports by the project proponent; Non-compliance of other laws and compensation agreements; The report includes a case study of a stone crusher unit operating in Bogribail village and causing water and dust pollution.
Topic:
Development, Environment, Infrastructure, Law, Social Policy, and Pollution
Political Geography:
South Asia, India, and Asia

18. Synthesis Report on State of Water: A Look at the Legal and Regulatory Framework Governing Water Services across Jurisdictions

Author:
Maanav Kumar and Parag Mohanty
Publication Date:
03-2019
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
This study looks at the development of legal and regulatory framework governing drinking water and sanitation services in South Africa, England and United States. Around 780 million worldwide do not have access to clean drinking water and almost 2.5 billion people lack access to improved sanitation according to data published by Centers for Disease Control and Prevention. In such a situation, it becomes extremely important to study the legal and regulatory measures used internationally to control, manage and improve these resources. This study, covering South Africa, England and USA, sets out to identify, comprehend and analyze these legal frameworks and structures; examine the control exercised by national, state/provincial as well as municipal governments over water and sanitation-related questions; and the responsive measures being taken by them to preserve the water resources and their quality for future generations. The authors have observed that in presence of varying geographical, historical and social factors, while it would be impossible to compare each model against the other on the basis of merit, it becomes increasingly important for governments to balance the individual’s right to water with the planet’s ecological balance.
Topic:
Environment, Government, Natural Resources, Water, Law, Regulation, Legislation, and Sanitation
Political Geography:
South Asia, India, Asia, and Global Focus

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

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

20. Ecological Fiscal Transfers and Subnational Budgets: Did Forest-Based Fiscal Devolution Lead Indian States to Increase Forestry Expenditure?

Author:
Jonah Busch, Avani Kapur, and Anit Mukherjee
Publication Date:
10-2019
Content Type:
Research Paper
Institution:
Center for Global Development
Abstract:
Later this year, India’s 15th Finance Commission will review the formula used by its predecessor to determine how much central tax revenue will be devolved to each state for fiscal years 2020-21 through 2024-25. Currently, 7.5 percent of the fiscal devolution (an estimated $6.9-12 billion per year) is allocated in proportion to their forest area circa 2013. These “ecological fiscal transfers” (EFTs) provide Indian states with the incentive to increase their forestry budgets as an investment in increased future shares of central taxes. In this paper, we look at whether states are yet taking advantage of this opportunity. We find that states increased their forestry budgets by 19 percent in three years after the introduction of EFTs relative to three years prior. However, this increase is considerably less than the 42 percent overall budget increase over the same time period. We surmise that states are not yet certain that EFTs will continue in such a way that increases in forest cover will be rewarded with increases in revenue. We recommend that the 15th Finance Commission resolve this uncertainty for states by (i) keeping forests in the devolution formula, and (ii) updating the reference year (e.g. 2019). By doing so India’s EFTs can fulfill their potential as an innovative mechanism for incentivizing states to protect and restore forests, thereby mitigating climate change.
Topic:
Environment, Governance, Fiscal Policy, Ecology, and Forest
Political Geography:
India and Asia

21. Closing the Enforcement Gap: Community-led Groundtruthing of Environmental Violations in Mormugao, Goa

Author:
CPR-Namati Environmental Justice Program
Publication Date:
12-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
The Mormugao Port is located at Vasco bay in the Mormugao taluka of Goa at the point where the Zuari river meets the Arabian Sea. This region is home to thousands of fisherfolk from the Karvi community who live along the beaches of Mormugao, Salcete and Tiswadi talukas. It is a natural harbour that provides safe haven for ships and fishing vessels during storms, like it did in 2017 when cyclone Okchi hit this coast. The lives and livelihood of these fisherfolk are intrinsically linked to the activities of Mormugao port as they have had to share their customary livelihood areas – the sea and the beaches – with the port. This has resulted in them competing for space for their daily activities like fish landing, boat parking, net mending, and even housing with the port and its infrastructure development on the landward side, and competing with larger shipping vessels for navigation space and access to certain parts of Vasco bay. It was in this backdrop, that a community led groundtruthing study was initiated in April 2018 by Old Cross Fishing Canoe Owners Co-op Society Ltd, Baina Ramponkar, Fishing Canoe Owners Society, Destierro Fisherman Association – Vasco, Goenchea Raponkarancho Ekvott (GRE) and the Centre for Policy Research (CPR)-Namati Environmental Justice Program with support from concerned citizens of Vasco and the Federation of Rainbow Warriors.This groundtruthing study is also an attempt by the affected community members to understand the environmental impacts of these berths, link them to the regulatory requirements and then push for compliance of the same.
Topic:
Environment, Law Enforcement, Law, and Regulation
Political Geography:
South Asia, India, and Asia

22. Building Regulations For Faecal Sludge Management: Review of Building Regulations From Indian States

Author:
Arkaja Singh
Publication Date:
12-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Getting approvals under the various building regulations applicable to any particular jurisdiction is often the first step in construction and development. The Report ‘Building Regulations for Faecal Sludge Management: Review of Building Regulations from Indian States’ seeks to understand how these building regulations address on-site sanitation, what kind of standards do they impose on developers, and how well do they incorporate mechanisms to enforce these standards. In this report, we look at six states: Andhra Pradesh, Odisha, Rajasthan, Tamil Nadu, Maharashtra, and Uttar Pradesh. We also look at other standards that are applicable to on-site containment of Faecal sludge, and the manner in which these standards get incorporated into the building regulations. We find that context-specific attention to On-Site Containment of Faecal Sludge is only given in very few states, at least within our sample size. Usually, Building Regulations seem to rely on already existing standards such as the National Building Code, 2016. Additionally, the inconsistencies within the bye-laws exhibit a lack of understanding on the issue of FSM, amongst the policy-makers. As Faecal Sludge Management is an issue at the interface of environment, sanitation, and public health, a lack of convergence between various departments of the government is also noticed.
Topic:
Environment, Government, Health, Regulation, and Sanitation
Political Geography:
South Asia, India, and Asia

23. Swachh Bharat Mission (Urban): Need vs Planning

Author:
Sama Khan
Publication Date:
06-2018
Content Type:
Policy Brief
Institution:
Centre for Policy Research, India
Abstract:
This paper analyses the effectiveness of the Swachh Bharat Mission (Urban) by analyzing the financial and physical progress of the mission and the manner in which funds have been allocated and sanctioned to different activities in various states. It examines the planned allocation of central funds (i) between the SBM (Urban) and the rural component, SBM (Gramin) (ii) among the various components of SBM-U, i.e., Construction of Individual Household Latrines and Community Toilets (IHHLs and CTs), Solid Waste Management (SWM), Information, Education and Communication (IEC) and Capacity Building (CB) and (iii) across different states and UTs. It finds that the disparity in funding between the SBM-U and SBM-G does not reflect the risk-adjusted need of urban areas, given their complexities of urban congestion and poverty that lead to higher health and environmental risk. The allocation of funds between the various components of SBM-U undervalues the need for proper solid waste management, IEC and Capacity Building and appears to ignore their effect on sanitation practices, the importance of building capacity to properly manage waste from the increasing number of toilets constructed and more organized solid waste disposal. Finally, the pattern of the allocation of funds between states does not benefit states that need it the most, in terms of states that have a lower share of in-house toilets, because the funds were allocated on the basis of the share of urban population and statutory towns. The paper concludes with recommendations to rectify some of these shortcomings.
Topic:
Environment, Poverty, Finance, Economy, and Urban
Political Geography:
South Asia, India, and Asia

24. Caring for the coast- Building regulatory compliance through community action

Author:
CPR-Namati Environmental Justice Program
Publication Date:
04-2018
Content Type:
Case Study
Institution:
Centre for Policy Research, India
Abstract:
Across the globe, the “development experience” of communities varies depending on their socioeconomic and political backgrounds. As a result of advancing developmental projects, a few communities are invariably made to pay a disproportionate share of the environmental costs in the form of exposure to toxic waste, loss of livelihood, and restrictions on mobility or access to common resources. This injustice, more than often not, is an outcome of active noncompliance and violation of environmental regulations by the projects . The Centre for Policy Research–Namati Environmental Justice Program is an effort towards closing this environment regulation enforcement gap. We have created a network of community-based paralegals, called as enviro-legal coordinators (ELCs), who work with affected communities using an evidence-based legal approach. As a part of this approach, the ELCs combine their understanding of the law, negotiation and mediation skills, and understanding of local contexts to assist affected communities in the use of the law to resolve environmental conflicts. They help the communities to understand relevant laws and environmental regulations and support them in engaging with institutions using these laws for better enforcement of regulatory compliance on the ground. This approach also develops a collaborative space for institutions and citizens to craft practical and sustainable remedies for the impacts that communities experience. This publication is a compendium of a few cases undertaken by the CPR–Namati Program’s ELCs working across the coastal belt in Gujarat and North Karnataka. These case stories capture the process of our work and illustrate the systematic, evidence-based legal approach followed by the ELCs along with the affected coastal community members to resolve conflicts arising from noncompliance or improper implementation of environmental regulations. These case stories are divided into three major thematic sections as follows: Section 1: Establishment and Activation of Gujarat’s District-Level Coastal Committees (DLCCs) as per Coastal Regulation Zone (CRZ) Notification, 2011: This section includes case studies from Gujarat, where ELCs worked towards establishing or activating District-Level Coastal Committees, an institution set up for better implementation of CRZ regulations and protection of rights of traditional coastal communities. Section 2: Securing Housing Clearances for Coastal Communities under Coastal Zone Regulation Notification, 2011 in North Karnataka: This section includes case studies from Uttara Kannada, a district in North Karnataka, where ELCs supported members of coastal communities in securing housing clearances under the coastal protection law. Section 3: Legal Empowerment in Practice: Two Case Stories: This section has two case stories from our field sites in Gujarat that illustrate the process and outcomes of legal empowerment though our work with communities.
Topic:
Development, Environment, Natural Resources, Law, Oceans and Seas, and Pollution
Political Geography:
South Asia, India, and Asia

25. Using Law to Combat Water Pollution

Author:
CPR-Namati Environmental Justice Program
Publication Date:
03-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Contamination of surface water sources due to the discharge of polluting substances has been a long standing problem in most parts of the country. In 1974, a legislation was specifically enacted to regulate and prohibit water pollution. The Water (Prevention and Control of Pollution) Act, 1974 established Pollution Control Boards at the Central and State levels and bestowed them with powers to prevent and control water pollution. Aside from the Water Act, there are also other laws which can be used to remediate water pollution. These include, environmental clearance conditions under the Environmental Impact Assessment Notification, 2006, public nuisance in the Indian Penal Code, 1860 and the licensing process under the Factories Act, 1948. Along with these, there are also certain state level legislations such as the Orissa River Pollution Prevention Act, 1953. How these laws can be used to find administrative remedies to combat water pollution has been put together in the form of two Information, Education and Communication materials by the Centre for Policy Research-Namati Environmental Justice Program, with support from the Duleep Mathai Nature Conservation Trust. The materials aim to give the reader an understanding of: The existing legislations; The kind of permissions which are needed; The various institutions which are available; The way in which evidence can be collected; The manner in which complaints can be framed; The various administrative remedies which are available; The materials focus on the states of Gujarat, Karnataka, Odisha and Chhattisgarh. Translations of the material are also available in Hindi, Gujarati, Kannada, and Odiya.
Topic:
Environment, Water, Legislation, and Pollution
Political Geography:
South Asia, India, and Asia

26. A Policy Proposal for Green Jobs in India A Quantitative Analysis on Inclusivity of Green Jobs

Author:
Rohit Azad and Shouvik Chakraborty
Publication Date:
03-2018
Content Type:
Working Paper
Institution:
Centre for Sustainable Employment, Azim Premji University
Abstract:
The policymakers, particularly on the right side of the aisle, have traditionally stigmatized any form of environmental regulations, as being a detrimental practice, which raises the cost of production, disproportionately affects the small businesses, and imposes expenses on the economy that tend to stifle economic growth and cut levels of employment (Murphy et al. [2015]). So, what this argument does is to essentially juxtapose environmental regulations against the growth and job opportunities in any economy. In the specific context of developing countries, this raises serious concerns about any environmental regulations as these economies are already reeling under problems of severe unemployment and poverty. Therefore, any discussion on clean energy in the context of a developing economy is usually taken with a grain of salt since it somehow tends to generate a feeling among the politicians as well as the policymakers that it will inflict hardships on the economy.
Topic:
Environment, Regulation, Economy, Economic Growth, Inclusion, and Green Jobs
Political Geography:
South Asia and India

27. Himalayan Impasse: How China Would Fight an Indian Border Conflict

Author:
Kevin McCauley
Publication Date:
09-2017
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
At the end of August, Chinese and Indian troops both pulled back from the Doklam region in Bhutan after weeks of tense posturing. The face off began in June when Chinese construction crews accompanied by soldiers began building a road. The area is sensitive to Indian national interests not only because of its ally Bhutan, but also due to area’s proximity to a narrow corridor connecting eastern India with the rest of the country. Beijing repeatedly ratcheted up the messaging to India, including the release of a Ministry of Foreign Affairs legal justification of China’s territorial claims against India (China Daily, August 3, 2017). If the two sides decide to face off again, forces on both sides will need to contend with the difficult mountain terrain and complex weather conditions. To prepare for such a contingency, both India and China have invested significantly in units capable of mountain and high-altitude warfare. An examination of the Chinese Military’s doctrine and training of such units provides important insights into how such a conflict would be conducted.
Topic:
Environment, Military Strategy, Territorial Disputes, and Military Affairs
Political Geography:
China, India, Asia, and Himalayas

28. Comments on Draft National Energy Policy

Author:
Navroz K. Dubash, Partha Mukhopadhyay, Radhika Khosla, Shibani Ghosh, Ankit Bhardwaj, and Swetha Sridhar
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Draft National Energy Policy released by the Niti Aayog in June 2017 was a roadmap describing the priorities of the government with regards to India's energy future and a critical reference document for all actors working in this field. This working paper reflects the result of internal deliberations, aimed at understanding and reflecting on the draft NEP, with the aim of constructive feedback to NITI Aayog.
Topic:
Energy Policy, Environment, Government, Finance, and Legislation
Political Geography:
South Asia, India, and Asia

29. From Prior to Post: Legalising environmental violations?

Author:
Krithika A. Dinesh and Kanchi Kohli
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Between March 15 2017 and June 15 2017, 207 projects that violated the Environment Impact Assessment (EIA) Notification applied for an environmental clearance. These applications have come as a result of a notification that the Environment Ministry had passed on March 14th 2017 which gives an opportunity to projects that have violated conditions of the EIA Notification to apply for a clearance within a period of six months, ie by September 15. This notification was passed despite much criticism of the draft notification that was issued on 10 May 2016. The CPR-Namati Environmental Justice Program has analysed these applications to see what are the kind of geographical and sectorial spread of these violations and whether there are any trends emerging out of the applications that have come in till June 15. The Environment Ministry has already started looking at the applications through a Committee that has been set up for this. This Committee is headed by Dr SR Wate and had its first meeting on 22 June 2017. The Committee in its first meeting has examined ten applications. Out of these ten applications, the committee has already recommended seven for grant for a Terms of Reference subject to conditions. This working paper would be updated with the analysis of the applications that are coming in as well as the progress of these applications.
Topic:
Environment, Government, Natural Resources, Courts, and Legislation
Political Geography:
South Asia, India, and Asia

30. Paralegals for Environmental Justice (Version 2.0)

Author:
CPR-Namati Environmental Justice Program
Publication Date:
12-2017
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Large parts of the world, irrespective of their level of economic development, are at the cusp of severe environmental crises. In these regions, the operations of extractive projects such as large scale plantations, mining and industrial development have negated or worsened the economic, social and physical well-being of communities in their neighbourhoods and beyond. Their robust national and regional laws and institutions for the protection and governance of the environment and natural resources have remained on paper and the non-compliance by governments and corporations has had profound effects on community livelihoods, health, access to land and quality of life. CPR-Namati's Practice Guide for Environment Justice Paralegals is a step in the direction of closing this environmental enforcement gap. The guide provides a methodology for community mobilisers, activists and citizens groups to shift their attention from stating the problem to getting grievances addressed by environmental institutions. The guide is based on four years of work done by the paralegals of CPR-Namati Environment Justice Program to assist affected communities file complaints and seek remedies in over 150 cases of non-compliance in India. We hope that this guide will help local organisations and community groups to address environmental conflicts and seek useful remedies for affected people.
Topic:
Development, Environment, Law, and Justice
Political Geography:
South Asia, India, and Asia

31. Penalising Environmental Violations: An Analysis of The Ministry’s Proposal

Author:
Shibani Ghosh
Publication Date:
01-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
In October 2015, the Ministry of Environment, Forest and Climate Change released a Draft Environment Laws (Amendment) Bill 2015 proposing amendments to the Environment (Protection) Act 1986 and the National Green Tribunal Act 2010. The stated objective of the Bill is to provide ‘effective deterrent penal provisions’ and to introduce the concept of monetary penalty. It also aims ‘to minimise the exercise of discretion and make an unambiguous framework’. This paper summarises the text of the Bill and analyses whether it will complement the environmental objectives the parent laws espouse. It discusses some of the major concerns relating to the proposed amendments under three broad themes: environmental damage and penalties, adjudicating authorities and rule making powers. It concludes that although penalties that effectively deter violators are certainly the need of the hour, the proposed amendments are unlikely to achieve this objective.
Topic:
Climate Change, Environment, Law Enforcement, Law, Legislation, and Deterrence
Political Geography:
South Asia, India, and Asia

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

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

33. Could the G-20 Become Coherent on Climate?

Author:
Gwynne Taraska and Henry Kellison
Publication Date:
08-2016
Content Type:
Working Paper
Institution:
Center for American Progress - CAP
Abstract:
The G-20—a forum of 20 of the world’s largest economies—has a record of ambivalence on the topic of climate change. One case in point is the disconnect between the group’s efforts to address climate risks and its efforts to reduce the shortfall in global infrastructure investment. On one hand, the G-20 is aware that investing in projects that are high-carbon or vulnerable to the physical effects of rising temperatures carries risks that could have a destabilizing influence on the global economy. On the other hand, the G-20 is seeking to narrow the infrastructure gap in the absence of a guiding principle that infrastructure investments must be climate-compatible. Members of the G-20 Argentina Australia Brazil Canada China European Union France Germany India Indonesia Italy Japan Korea Mexico Russia Saudi Arabia South Africa Turkey United Kingdom United States In September 2016, world leaders will convene for the G-20 summit in Hangzhou, China. One focus of the climate agenda will be ensuring that the Paris Agreement takes effect in the near term. Negotiated by more than 190 nations and finalized in December 2015, the agreement set many collective goals, including limiting global warming to 1.5 degrees Celsius above preindustrial levels and ensuring that global financial flows are compatible with low-greenhouse gas development.
Topic:
Climate Change, Energy Policy, Environment, and International Cooperation
Political Geography:
Russia, United States, Japan, China, United Kingdom, Indonesia, Turkey, India, South Korea, France, Brazil, Argentina, Germany, Saudi Arabia, Australia, Italy, and Mexico

34. Reforming the Liability Regime for Air Pollution in India

Author:
Shibani Ghosh
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The recent uproar about the toxic levels of pollution in the country’s national capital region has once again brought to fore the failure of the regulatory and legal mechanisms in India to control air pollution. Despite an early legislative acknowledgment of the issues relating to air pollution, and regulatory mechanisms set up consequently, India has not been able to restrict the sharp upward trajectory of air pollution. While several issues with regard to the legal and regulatory regime governing air quality in the country deserve serious and urgent consideration, this paper focuses on one issue in particular – the liability regime for violation of air quality standards. The paper is divided into three parts. The first part discusses the relevant provisions of the law pertaining to liability - civil and criminal - for causing air pollution. The second part identifies three critical issues that have emerged in the current liability regime: (1) the Pollution Control Boards do not have the power to levy penalties; (2) criminal prosecution is not an effective solution; and (3) the National Green Tribunal Act does not provide complete relief. The third and final part of the essay proposes a way forward. It is suggested that the Pollution Control Boards need to be granted additional enforcement powers, and administrative fines for violations should be introduced, albeit with certain conditions.
Topic:
Environment, Health, Governance, Law Enforcement, Law, Reform, and Pollution
Political Geography:
South Asia, India, and Asia

35. Elaborating in the INDC context

Author:
Neha B. Joseph
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Several countries have embarked on nationwide processes to devise their ‘contributions’ towards a new global climate agreement set to be adopted at Paris in 2015. Sixty-two countries have already communicated their contributions to the UNFCCC, in pledges covering around 62.9% of global emissions in 2012. These contributions, formally known as ‘intended nationally determined contributions’ (INDCs) are expected to be the bedrock of post 2020 climate action and the building blocks of the 2015 climate deal, that is currently being negotiated by Parties. This paper discusses the emergence of this concept and outlines some of the legal and technical aspects of a contribution and their implications on ambition, adequacy and political feasibility. Section 3 analyses pledges in the submitted INDCs, with a special focus on G20 countries. The term ‘INDC’ first emerged in 2013 at the Warsaw negotiations of the Conference of Parties (COP) in a decision inviting Parties “to initiate or intensify domestic preparationsfor their intended nationally determined contributions….. and to communicate them well in advance of the twenty-first session of the Conference of the Parties (by the first quarter of 2015 by those Parties ready to do so)” For developed countries, INDCs will replace their Kyoto Protocol commitments; for developing countries, Nationally Appropriate Mitigation Actions (NAMAs) will continue to be in force as implementation tools supporting the mitigation component of their INDCs. Over the past year, countries have been negotiating to iron out differences on issues like differentiation, legal nature, scope, form and review of contributions with varying levels of success on each front.
Topic:
Climate Change, Diplomacy, Environment, International Cooperation, Treaties and Agreements, and Legislation
Political Geography:
South Asia, India, Asia, and Global Focus

36. The Institutionalisation of Climate Policy in India: Designing a Development-Focused, Co-Benefits Based Approach

Author:
Navroz K. Dubash and Neha B. Joseph
Publication Date:
05-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
While there is growing attention to climate policy, effective coordination, design and implementation of policy require attention to institutional design for climate governance. This paper examines the case of India, organized around three periods: pre-2007; 2007–2009 and 2010-mid-2014, providing institutional charts for each. Several key themes emerge. First, the formation of climate institutions have frequently been driven by international negotiations, even while filtered through domestic context. Second, once established, institutions tend not to be stable or long-lasting. Third, while various efforts at knowledge generation have been attempted, they do not add up to a mechanism for sustained and consistent strategic thinking on climate change. Fourth, coordination across government has been uneven and episodic, reaching a high point with a specialised envoy in the Prime Minister’s Office. Fifth, the overall capacity within government, in terms of specialised skills and sheer numbers of personnel remains limited. Sixth, capacity shortfalls are exacerbated by closed structures of governance that only partially draw on external expertise. Seventh, institutional structures are not explicitly designed to enable India’s stated objective of climate policy in the context of development, which implies specific attention to co-benefits and mainstreaming.
Topic:
Climate Change, Environment, Government, Policy Implementation, and Institutions
Political Geography:
South Asia, India, and Asia

37. Improving livelihoods through conservation and education

Author:
Rich Karl, Magda Rich, Ganga Changappa, and Babu Raghavan
Publication Date:
03-2014
Content Type:
Working Paper
Institution:
Norwegian Institute of International Affairs
Abstract:
In many parts of the developing world, those with physical or mental handicaps are often considered to be a burden on society, with limited to no remunerative activities available in the workforce. Activities such as butterfly farming, which require precision and attention to detail, are potentially relevant for disadvantaged groups as a source of livelihoods. At the same time, such activities can be integrated with community-led conservation efforts as well. We provide a case study of the development of a butterfly garden at the Swastha Centre for Special Education and Rehabilitation in the Kodagu area of Coorg, a region in the state of Karnataka in India through which conservation-based activities are integrated with special education in a manner than builds skills, improves livelihoods, and serves as an important resource for environmental education. Our case demonstrates a scalable means by which butterflies can be used to educate, improve the environment, and offer livelihoods to the disadvantaged in a country where such opportunities are greatly needed.
Topic:
Economics, Education, Environment, and Governance
Political Geography:
India and Karnataka

38. Sustainability Coffee Certification in India

Author:
Rich Karl, Magda Rich, P.G. Chengappa, Arun Muniyappa, Yadava C.G, Ganashruthi M.K., Pradeepa Babu B.N., and Shubha Y.C.
Publication Date:
03-2014
Content Type:
Working Paper
Institution:
Norwegian Institute of International Affairs
Abstract:
Certification programs has been employed in many agricultural products as a means to encourage and communicate compliance with standards associated with various attributes, such as organic, fair-trade, GMO free, and eco-friendly, among others. Such programs further seek to provide added value, through a price premium, to producers and supply chain actors associated with the label. In this paper, we review a number of global labeling and certification programs that could add value for coffee farms in India through the promotion of conservation and environmental protection. We provide results from a survey conducted on a sample of coffee farms in Coorg district, India to assess their awareness and perceptions related towards certified coffee and environmental conservation in general. Survey results illustrate strong positive associations with the environment by coffee planters, particularly among certified and organic producers. However, price premiums for certified and organic coffee are relatively small. While the potential of conservation-oriented certification for coffee in Coorg could be relatively limited outside of a few individual-level niches, branding Coorg more generally as a conservation-oriented region could hold promise, leveraging and personalizing the uniqueness of the natural offerings from Coorg and tapping into burgeoning associations with place and region in India.
Topic:
Agriculture, Economics, Environment, and International Trade and Finance
Political Geography:
India

39. Promoting conservation in India by greening coffee

Author:
Magda Rich, P.G. Chengappa, Arun Muniyappa, Pradeepa Babu B.N., Karl M. Rich, and Yadava C.G.
Publication Date:
03-2014
Content Type:
Working Paper
Institution:
Norwegian Institute of International Affairs
Abstract:
The Indian coffee sector is at an important transition point, increasingly stuck in the middle between quality and value segments of the market. A potential niche for India is in the development of eco-friendly (green) coffees, leveraging the natural environment and biodiversity present in many regions. In this study, we conducted a value chain assessment of the coffee sector in Coorg, a major production area in India, to identify the potential entry points and constraints to a conservation-oriented strategy of upgrading. The results highlight that coffee value chains in Coorg are fragmented and largely uncoordinated, with innovative upgrading efforts largely individually motivated. This suggests that integrating conservation principles in a broad-based branding strategy could be difficult at the level of the chain without institutional support or the entry of chain champions. On the other hand, integrating conservation as a diversification activity e.g. through the development of butterfly gardens for tourism, could provide a low-cost way of adding value for farmers while promoting good environmental stewardship.
Topic:
Economics, Environment, and Biosecurity
Political Geography:
India

40. India's Role in a Changing Afghanistan

Author:
Shashank Joshi
Publication Date:
06-2014
Content Type:
Journal Article
Journal:
The Washington Quarterly
Institution:
Center for Strategic and International Studies
Abstract:
For India, the Western drawdown of forces in Afghanistan will represent the greatest adverse structural shift in its security environment for over a decade. Yet, a fundamental congruity of interests between Washington and New Delhi, and opportunities for cooperation, remain.
Topic:
Security, NATO, and Environment
Political Geography:
Afghanistan, Washington, and India