Dan Banik

Legal Empowerment as a Conceptual and Operational Tool in Poverty Eradication

AbstractLegal Empowerment of the Poor (LEP), which has recently been launched as a new conceptual and operational tool for poverty eradication, has attracted considerable attention in the face of claims that poverty persists partly because the poor do not enjoy legal rights or the power to exercise those rights. This essay provides a brief overview of the conceptual foundations of the LEP approach as reflected primarily in the main report of the Commission of Legal Empowerment of the Poor (CLEP). It thereafter critically examines the LEP’s potential of promoting pro-poor governance and strengthening the protection and promotion of basic socio-economic and political rights of the poor. It argues that it is not only crucial to strengthen the theoretical underpinnings of the concept by recognizing the links between legal and political empowerment, but to also closely link the LEP with the general development experience so far.

The Transfer Raj: Indian Civil Servants on the Move

Civil servants belonging to Indias elite Indian Administrative Service (IAS) are subject to rapid transfers from their posts. This article begins by providing a brief overview of the civil services in India and asks what, if any, are the differences in stability of tenure of IAS officers serving at the Centre in comparison to those in the States. What are the main reasons behind rapid transfers? The high rate of IAS mobility could presumably also have adverse effects on the performance capabilities of development administration. The central question here is do rapid transfers of IAS officers affect administrative leadership and the implementation of development programmes in India? If so, how?

Growth and Hunger in India

Abstract:With 37.2 percent of its 1.2 billion citizens officially estimated to be living in poverty, India has the unenviable record of being home to a third of the worlds poor. And while the country has averted famines since independence, it has not been as successful at preventing chronic hunger. This article provides a broad overview of Indian democracys struggle with development and discusses the type of progress democratic India has made over the years in fighting poverty and inequality. Thereafter, it specifically examines undernutrition and starvation deaths in Orissa, one of Indias poorest states. It argues that instead of sustained commitment to long-term policies that aim to reduce vulnerability to hunger, the political-administrative response is typically short-term, ad hoc, populist, and clientelistic in character.

Support for human rights-based development: reflections on the Malawian experience

The urgency of reducing world poverty requires innovative thinking and the human rights-based approach to development (HRBA) is considered by some to be a viable alternative to conventional (needs-based) development. Despite many potential advantages, the discourse on HRBA has unfortunately been one of rhetorical appeal rather than an emphasis on practical implementation and integration with existing development initiatives. The paper therefore provides a critical overview of the major conceptual foundations of a HRBA and identifies a set of challenges in operationalising a global theory to national and local practice in poor countries. Based on empirical evidence from Malawi, the major focus is on political culture and the extent of participation of the poor in the political discourse, the monitoring and review roles of institutions of oversight and the role and accountability of civil society organisations and donors in formulating and implementing anti-poverty policies that on paper claim to be based on human rights principles and standards.

India's freedom from famine: The case of Kalahandi

Abstract The article begins with Amartya Sens observation that democratic institutions and a free press enable a country to combat the threat of famine. Looking at the situation in Kalahandi in the Indian state of Orissa, an attempt is made to discuss the extent to which an independent and active press, together with opposition political parties, can provide an early warning of impending food crises, and thereafter hold the government and the administration accountable for inadequate implementation of relief. Kalahandi has faced recurrent drought and famine conditions over the years, although the situation has particularly deteriorated in recent times. Is the case of Kalahandi an exception to Indias otherwise successful record in combating famines? If so, why?

The Frontiers of Poverty Reduction in Emerging Asia

It is difficult, if not impossible, to satisfactorily answer the question ‘Why does poverty persist?’ Nonetheless, there appear to be two approaches that can provide a useful start. One alternative is to examine why poverty (and extreme forms of it) continue to persist in the poorest countries of the world, mainly in Sub-Saharan Africa. The other, which is the focus on this article, is to examine a set of factors or reforms that have worked in reducing poverty in middle-income countries of the ‘Emerging South’ and the challenges these countries continue to face in distributing the benefits of economic growth and addressing persistent levels of poverty within their borders. We aim to better understand successful attempts to reduce poverty in a selected few emerging economies – India, China and Vietnam – by examining the role of specific types of reforms and initiatives in shaping and determining action by national governments to reduce poverty. Do some of these emerging economies advocate and adopt different poverty-reduction policies? If so, what, how and why? And to what extent can some of these poverty-reduction models be usefully applied in other developing country contexts? We then identify and discuss two broad sets of frontiers of research and policy-making on poverty in emerging Asia – environmental challenges and growing inequality – that require considerable attention if India, China and Vietnam are to experience continued economic growth and poverty reduction.

Difference or Indifference: China's Development Assistance Unpacked

Chinas growing role in international development through so‐called ‘South–South cooperation’ has attracted considerable global attention. This article aims to provide a nuanced understanding of the nature of foreign aid policies implemented by China and help facilitate a new set of dialogues between China and more established providers of aid. It unpacks the developmental side of the story by first analysing the official discourse of Chinese aid in a historical context and thereafter examines the practice of conditional aid in relation to the Chinese emphasis on non‐interference and mutual interest. The empirical basis for this article is largely derived from field studies undertaken in Malawi, Tanzania and Zimbabwe. We argue that although centrally controlled, Chinese aid has been consistently developmental, reflecting both the countrys own development path and, to a lesser extent, international developmental goals.

The Pursuit of Inclusive Development in China: From Developmental to Rights-Based Social Protection

The Chinese Government has prioritized public policies aimed at promoting inclusive development, social equality and a ‘harmonious society’ while maintaining high rates of economic growth. Such policies are, however, facing growing challenges with rising income inequality and new forms of ‘transitional poverty’ resulting from recent economic and social transformations taking place within the country. China’s strategies of promoting growth and poverty reduction are further complicated by environmental concerns, rising urban-rural disparities, changing demographic dynamics and new patterns of labour migration within the country. The key question addressed in this article is: How will the dual existence of extreme poverty in rural areas and transitional poverty in an urban–rural interface shape China’s welfare strategy in the near future, as the country pursues a strategy of inclusive development? The article begins with a brief examination of China’s achievements and challenges in relation to poverty and inequality reduction. Thereafter, the impacts of some of the most important social protection programmes currently being implemented in the rural areas of the country are critically examined before specifi cally highlighting the problems faced by migrant workers, the so-called ‘left-behind’ population, and landless farmers.

Governing a giant: the limits of judicial activism on hunger in India

Despite concerted efforts by civil society organizations and judicial activism on the right to food, India remains home to the largest number of undernourished people in the world. This article critically examines two sets of public interest litigation cases where the Indian courts have actively intervened to address the problem of food insecurity. What has been the nature and extent of judicial activism on hunger in India? And what have been the political and administrative responses to such interventions by the courts? I argue that although judicial activism has usefully established the right to food in India, and clarified the corresponding duties of the government at both state and central levels, the court orders have been issued with no real enforcement power behind them. The institutions of government must be better geared towards addressing chronic undernutrition and vulnerability to starvation. The emphasis should be to correctly diagnose the problem of hunger as early on in the process as possible and thereafter undertake a rapid response rather than simply reacting to sensational and visible crises.

Access to Justice and Social Unrest in China’s Countryside: Disputes on Land Acquisition and Compensation

A major challenge for China is the frequency of so-called ‘mass incidents’ or protests that have been on the rise in recent years. Many such incidents are the result of forced expropriation of farmland by local government authorities for a wide variety of purposes, including the goal of industrialization of the economy. This article examines the challenges faced by rural citizens to access formal systems of justice while seeking a legal remedy. Why are formal systems of justice not effective in settling disputes on land expropriation in China? What are the obstacles faced by landless farmers in accessing justice, and how can such obstacles be overcome? We examine existing regulations for settling compensation disputes in China and discuss several concrete examples from the field in order to identify numerous institutional challenges. These include a very demanding applicant requirement, ambiguous provisions such as no time limit for compulsory mediation, and the inability of the petitions system to address land dispute cases. We argue that the adjudication system itself is an obstacle for farmers who wish to seek an administrative or legal remedy. The political, administrative and judicial authorities in China prefer the maintenance of strict and specific norms rather than facilitating more adaptable and feasible alternatives. Without a major overhaul of current dispute settlement mechanisms, the number and frequency of severe social conflicts between farmers and local governments will continue to increase. Major reforms are required to better protect the rights of landless farmers and other citizens whose properties have been expropriated.