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UN-HABITAT
About:-
UN-Habitat is the United Nations programme working towards a better urban future. Its mission is to promote socially and environmentally sustainable human settlements development and the achievement of adequate shelter for all.
Background:-
Cities are facing unprecedented demographic, environmental, economic, social and spatial challenges. There has been a phenomenal shift towards urbanization, with 6 out of every 10 people in the world expected to reside in urban areas by 2030.
Over 90 per cent of this growth will take place in Africa, Asia, Latin America, and the Caribbean. In the absence of effective urban planning, the consequences of this rapid urbanization will be dramatic.
In many places around the world, the effects can already be felt: lack of proper housing and growth of slums, inadequate and out-dated infrastructure – be it roads, public transport, water, sanitation, or electricity – escalating poverty and unemployment, safety and crime problems, pollution and health issues, as well as poorly managed natural or man-made disasters and other catastrophes due to the effects of climate change.
Mindsets, policies, and approaches towards urbanization need to change in order for the growth of cities and urban areas to be turned into opportunities that will leave nobody behind. UN-Habitat, the United Nations programme for human settlements, is at the helm of that change, assuming a natural leadership and catalytic role in urban matters.
New Urban Agenda:-
In October 2016, at the UN Conference on Housing and Sustainable Urban Development – Habitat III – member states signed the New Urban Agenda. This is an action-oriented document which sets global standards of achievement in sustainable urban development, rethinking the way we build, manage, and live in cities.
Through drawing together cooperation with committed partners, relevant stakeholders, and urban actors, including at all levels of government as well as the private sector, UN-Habitat is applying its technical expertise, normative work and capacity development to implement the New Urban Agenda and Sustainable Development Goal 11 – to make cities inclusive, safe, resilient and sustainable.
Birth of UN-HABITAT:-
Mandated by the UN General Assembly in 1978 to address the issues of urban growth, it is a knowledgeable institution on urban development processes, and understands the aspirations of cities and their residents.
For years, UN-Habitat has been working in human settlements throughout the world, focusing on building a brighter future for villages, towns, and cities of all sizes. Because of these four decades of extensive experience, from the highest levels of policy to a range of specific technical issues, UN-Habitat has gained a unique and a universally acknowledged expertise in all things urban.
This has placed UN-Habitat in the best position to provide answers and achievable solutions to the current challenges faced by our cities. UN-Habitat is capitalizing on its experience and position to work with partners in order to formulate the urban vision of tomorrow. It works to ensure that cities become inclusive and affordable drivers of economic growth and social development.
Goals and Strategies-
UN-Habitat envisions well-planned, well-governed, and efficient cities and other human settlements, with adequate housing, infrastructure, and universal access to employment and basic services such as water, energy, and sanitation. To achieve these goals, derived from the Habitat Agenda of 1996, UN-Habitat has set itself a medium-term strategy approach for each successive six-year period. The current strategic plan spans from 2014 to 2019.
The seven focus areas for 2014 to 2019-
- Urban legislation, land, and governance,
- Urban planning and design,
- Urban economy,
- Urban basic services,
- Housing and slum upgrading,
- Risk reduction and rehabilitation, and
- Research and capacity development.
UN-HABITAT’s Holisitc approach to Urbanization:-
Beyond its traditional core areas — such as city planning, infrastructure development, and participatory slum upgrading — UN-Habitat, today, also focuses on urban legislation and risk management, as well as gender, youth and capacity building for all actors involved in the urbanization process.
Through its global advocacy platforms such as the World Urban Campaign (WUC), and events, such as the World Urban Forum, UN-Habitat also establishes think tanks and networks that enable governments, experts, civil society groups, multilateral organizations, private sector, and all other development partners to jointly address present and future urban predicaments
It approaches the urbanization question in a thematic way, the themes are –
1) Legislation
Many cities are burdened by laws that do not match the prevailing urban reality. Worse still, the capacity to enforce laws and regulations that are already in place is often lacking. Municipal authorities often have limited access to specialist legislative expertise, and struggle to respond to these situations.
The multiplicity and rigidity of laws and regulations compel citizens to pursue informal routes to conduct land and property transactions, to do business, to acquire means of a livelihood, and even to access basic services. As a result, parallel systems flourish and Urban Legal informality becomes the norm.
UN-Habitat’s knowledge pertaining to legal reform is used to support cities. In addition, UN-Habitat is developing mechanisms for the creation and dissemination of legal knowledge and a network to develop capacity and access external expertise, with the aim of producing:
- an increased awareness of legal systems operating at the city and national levels;
- recommendations for more robust strategies to reform urban legal systems; and
- improved capacities of local authorities to design and implement legal reform.
The Urban Legal Network (ULN) is an initiative of UN-Habitat. Its aim is to become a leading global network that promotes and facilitates the exchange of urban legal knowledge in the field of urban development. ULN is a global focal point for:
- Urban legal knowledge and idea exchange;
- Urban legislation best practice and tools; and
- Urban legal partnerships and experts in the urban legislation field
The ULN forum themes include:
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General principles governing urban law;
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Property law and tenure;
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Governance (administrative law);
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Planning;
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Housing and buildings regulations;
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Infrastructure and basic services;
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Municipal taxation, finance, and economic development;
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Environment, natural, and cultural resources; and
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Urban resilience and post disaster recove
UN-Habitat also believes that ‘rights based’ legislation can help to promote participation, and UN-Habitat is therefore committed to the daily involvement of urban dwellers in the development decisions and planning outcomes that affect their daily lives. UN-Habitat’s work on Urban Law operates on several levels:
2) Land
Land is a finite resource and competition for it is intensifying because of rapid urbanization, growing populations, economic development, persistent insecurity of food, water and energy, and the effects of conflicts and disasters. The divide between urban and rural is diminishing. These areas are today interconnected by flows of goods, money, resources and people. Climate change and different land-use patterns also affect rural areas, including farmland, drylands, wetlands and forests.
Given that by the middle of this century 70 per cent of the world’s people will live in urban areas, cities need to adapt to urban expansion Rural land also needs to be managed cautiously. Pressure on rural land is increasing as a result of a rising world population, climate change, declining soil fertility and the need for global food and fuel security.
Challenge of Land Tenure and Ownership-
Everyone has a relationship to land. Unfortunately, millions of people around the world face difficulties related to the land where they live, work, grow crops, tend animals and run businesses. Even though they or their families may have lived on the land for many years, it is a serious obstacle that they have no formal relationship to it.
Land is a scarce resource governed by a wide range of rights and responsibilities. And not everyone’s right to land is secure. Mounting pressure and competition mean that improving land governance – the rules, processes and organizations through which decisions are made about land – is becoming increasingly urgent. These are the problems that the Global Land Tool Network (GLTN) is working to solve.
GLTN recognizes that conventional ways of managing land are not realistically going to meet the needs of millions of people. By law, practice or custom, many individuals find themselves unable to own land or to make decisions on how to use it. Women and young people tend to face disproportionate barriers in accessing land. Without secure rights to the land they live on, these residents have little incentive to invest in their homes. Poor farmers become unable to invest in their land, further aggravating environmental degradation, which may greatly affect their harvest, their income and, in turn, their survival.
The GLTN solution-
The Global Land Tool Network (GLTN) was started in response to requests to UN-Habitat from governments and local communities worldwide. Together with several partners, UN-Habitat inaugurated the Network in 2006, which has since grown to more than 65 partners. GLTN is an alliance of global, regional, and national partners contributing to poverty alleviation through land reform, improved land management, and security of tenure particularly through the development and dissemination of pro-poor and gender-sensitive land tools.
3) Governance
Governance is the enabling environment that requires adequate legal frameworks, efficient political, managerial and administrative processes to enable the local government response to the needs of citizens.
It can be defined as the many ways that institutions and individuals organize the day-to-day management of a city, and the processes used for effectively realizing the short term and long-term agenda of a city’s development. Urban governance is the software that enables the urban hardware to function. Effective urban governance is characterized as democratic and inclusive; long-term and integrated; multi-scale and multilevel; territorial; proficient and conscious of the digital age.
Local governments are instrumental in urban governance
Strong and capable local governments are the key levers to ensure inclusive and sustainable urban development, accountable and transparent city management, and a dynamic multi‐stakeholder engagement.They have the proximity and legitimacy, in most countries of the world, to effectively, manage, govern and lead the development ofthe city.
UN-Habitat works at empowering local governments as pivotal actors of urban governance, by improvingtheir capacities related tourban planning, local finances and budgeting, public asset management, e-governance and open government, data gathering and fostering other stakeholders’ participation. In doing so, our work is oriented towards the strengthening of institutional capacities and local leadership skills.
Effective multilevel governance is the overarching prerequisite for urban governance,which should be characterized by well-defined spheres of government (national, regional and local) and based on appropriate decentralization policies.
It calls for a balanced distribution of resources and responsibilities between the different spheres of government, enabled by legal and financial instruments that take into account the key principle of subsidiarity. UN-Habitat work focuses on the establishment of permanent structures of dialogue between the local and central governments on one side, and the public and private sectors, on the other.
Institutionally and financially sustainable local governments
Urban governance mostly rests at the hands of local governments who have the responsibility to provide affordable, reliable and quality basic services and to ensure equitable urban citizenship. To be able to “do their job”, local government need good public financial management systems to ensure that public services reach all, including the urban poor.
Local governments should work along with national governments and public, private and the informal sector in order to achieve these objectives. Effective provision of services needs also to be coupled with national urban and territorial policy that promotes a strong system of cities and balanced territorial development.
Legal and institutional framework at the metropolitan level is also the enabling condition that leads to a dynamic, sustainable and equitable urban future. Metropolitan governance arrangements require adjusting the distribution of power and resources to match the reality of where people live and work (functional urban areas), while helping to address externalities and spillover issues and creating synergies to boost metropolitan development.
Urban governance is inextricably linked to the welfare of the citizenry: it must enable women and men, youth,ethnic minorities, the urban poor and other disadvantaged groups to access the benefits of urban citizenship.As such, local governments are bound to facilitate and promote inclusiveness, civic engagement and effective participation of the civil society in city management.
Transparent and accountable local governments
With the devolution of powers, responsibilities and budgets, local governments are playing a greater role in designing policies and delivering key public services often within a context of weak institutional and governance structures. As a result, some sectors and services are prone to corruption and misappropriation, and thus to inefficient and mismanaged administration.
Consequently, there is a tangible effect on the quality of services, eroding public trust in the accountability and merits of government. Transparency and accountability are essential for cities today as the essential means to create the necessary trust with the citizens.
As governing without the citizen has become an almost impossible alternative, local governments need to communicate better and to understand the needs of their constituency. On the other end, citizens across the world are also requesting better instruments to control that public administration is efficient and accountable.
Opportunities for a more regular and direct way for citizens to participate in the development, control and monitoring of the formulation, spending and performance of public policies are higher at local level. In that way, local governments should facilitate and promote such scenarios and thus take advantage of the enormous potential of SMART technologies.
URAIA Network (a Joint initiative of UN-HABITAT and FMDV ) UN-Habitat encourages innovative, transparent and accountable interfaces between governments, civil society and the private sector to make public interest and municipal innovation the driving force behind the deployment of information technologies.
*FMDV – The Global Fund for Cities Development (FMDV) is an NGO which supports emerging and developing local authorities in accessing the necessary financial resources to finance their urban development projects. The FMDV is a technical assistance and financial engineering organisation. The FMDV supports local authorities throughout the entire urban development project process, from designing and planning programmes to funding, implementation, and assessment.
Local governments in global agendas
With the Global Taskforce of Local and Regional Governments, which gathers all main local government networks and its partners, aim together at advocating for an increased recognition of the pivotal role of local governments in sustainable development. It supports the ‘localization‘ processes to contribute to the definition implementation and monitoring of the main global agendas in their local dimension (2030 Agenda for Sustainable development, Addis Ababa Action Agenda, Paris Agreement on Climate Change, New Urban Agenda).
*The Global Taskforce of Local and Regional Governments is a coordination mechanism that brings together the major international networks of local governments to undertake joint advocacy relating to international policy processes, particularly the climate change agenda, the Sustainable Development Goals and Habitat III. The Global Taskforce was set up in 2013 at the initiative of UCLG President and Mayor of Istanbul, Kadir Topbaş.
4) Planning & Design
Largely due to the absence of urban planning strategies, frameworks, and coordination, population growth tends to result in large conurbations and urban sprawl, as residents spill from the core municipalities to occupy land in surrounding urban centres, often lacking accompanying services, amenities, and infrastructure. As a result, pressure on land and natural resources — as well as mobility and energy constraints — start to have a negative effect on the urban economy and overall efficiency of the city region.
5) Economy
Cities are the main creators of economic wealth, generating over 70 per cent of the world’s Gross Domestic Product (GDP). Because most employment opportunities are within urban areas, cities attract large parts of a country’s job seeking population.
This causes rapid rural-to-urban migration. Today, over 50 per cent of the world’s population is urban dwellers, with this figure expected to rise to over 65 per cent by 2030. If urban economic opportunities do not keep pace with the influx of job-seekers, urban poverty can have dire results for the health and well-being of large shares of the population.
Agglomeration economies are key drivers of economic growth, but need to be harnessed. Cities exist because there are economic benefits associated with urbanization. However, unplanned or poorly-planned urban expansion can create dynamics which stifle the drivers of the urban economy.
UN-Habitat offers assistance to national and local governments as they plan the infrastructure and regulatory frameworks to support economically dynamic cities. Well-informed planning and policy-making can maximize the benefits of urbanization and prevent or mitigate negative impacts, helping to create and keep quality local jobs.
Local economic development (LED) approaches support inclusive economic growth. Despite cities being the biggest providers of both formal and informal jobs, urban unemployment and underemployment are still major issues around the world. The resulting poverty leads to problems such as malnutrition, social exclusion, crime, and slum formation. Youth unemployment is particularly high, with youth being three times as likely as adults to be unemployed. The informal economy tends to develop in parallel to fast demographic growth and supplants other more stable forms of revenue generation, as formal job supply cannot meet rising demand.
In Sub-Saharan Africa and South Asia, more than 70 per cent of the labour force is vulnerable, confronted by insecure working conditions, lack of labour rights, underemployment, and an uncertain regulatory environment.
Cities have a critical role to play in linking people with jobs. Governments can help to make cities competitive and can ensure that the benefits of economic growth reach the poor. Youth, women, and vulnerable social groups require special consideration in efforts to create jobs. A participatory approach toward the creation of an LED strategy can help to identify critical needs and barriers and build on endogenous assets at the local level. Additionally, governments can take proactive steps to address economic leakages and supply chain development while creating a business-enabling environment with regulations that are fair, transparent, and stable.
UN-Habitat assists local governments in generating and implementing local economic development (LED) strategies which are strategically aimed to capitalize on existing areas of comparative advantage, leverage local assets, and generate equitable outcomes. LED strategies can be developed as a stand-alone exercise or in conjunction with broader efforts such as national policy reform, city master planning, or other planning or policy effort.
6) Water and Sanitation
Huge progress has been made in the past 25 years to provide people with safer water, and as of 2010, over 6 billion of the world’s population has access to improved drinking water sources, up from 4 billion in 1990. Likewise, sanitation coverage has also increased in the developing world, from 36% of the population in 1990 to 56% in 2010. Although this is commendable, over 1.1 billion individuals still lack access to a water from a clean, safe source, and over 2.6 billion people do not have access to toilets and other adequate sanitation facilities. This lack of access is a primary cause of water contamination and water-borne diseases.
Today, 11% of the world’s population still lack access to water that is safe for consumption. This figure rises to over 40% in Sub-Saharan Africa. Moreover, in densely populated areas, the absence of proper sanitation facilities almost inevitably leads to massive pollution and contamination of the available water resources, for instance through the improper disposal of fecal waste. Unclean water poses serious health hazard risks, which have tangible impacts on education and economic activities due to illness impairment, especially amongst the most vulnerable population groups such as the urban poor. Prioritizing water and sanitation issues is therefore crucial in the overall urban development effort.
UN-Habitat set up high priority water and sanitation (WATSAN) programmes, to help the UN member states attain the water and sanitation targets set by the Millennium Development Goal (MDG) and World Summit on Sustainable Development (WSSD) to “halve by 2015 the proportion of the population without sustainable access to safe drinking water and sanitation.”
Through these programmes, UN-Habitat provides both policy, technical, and financial support to governments and local authorities, thus contributing to the achievement of these internationally agreed goals. Focus is particularly set on the urban poor, in order to facilitate equitable social, economic, and environmental development.
The WHO states that- Every person needs a minimum of 20 litres of water per day to meet the minimum basic requirements, although this amount may still lead to health concerns. Governments and authorities should therefore aim to guarantee at least 50 to 100 litres of water per person per day.
In 2003, to support its WATSAN initiatives, UN-Habitat established the Water and Sanitation Trust Fund (WSTF) which currently supports water and sanitation projects in 27 countries (as of 2012)
Water Operators’ Partnerships (WOPs) are peer-support arrangements between water and sanitation operators, carried out on a not-for-profit basis, to support the operators’ capacity to provide quality services to all.
The Global Water Operators’ Partnerships Alliance (GWOPA) is the global mechanism set up to promote and support WOPs worldwide and led by UN-Habitat. GWOPA is the global leader in WOPs promotion, facilitation and coordination, and the principle source for WOPs knowledge and guidance. It aims to see effective WOPs contribute to meeting national and global water and sanitation objectives including those relating to the Sustainable Development Goals and the Human Right to Water.
7) Energy
Regardless of the source, energy is a major factor for development. And cities are energy intensive enterprises. They consume about 75 per cent of global primary energy and emit between 50 and 60 per cent of the world’s total greenhouse gases.
Because of the current mono-dependency on fossil fuels, supply drops or price hikes can easily disrupt economies. Fossil fuels are also all too often a source of regional conflicts and are misused as a means of political pressure. Besides, fossil fuel resources are not infinite, and their depletion is a near reality.
A sustainable urban energy system will need low carbon technologies on the supply side, and efficient distribution infrastructure as well as lowered consumption on the end-user side. Cities therefore need to shift from the current unsustainable fossil fuel energy generation towards using renewable energy sources, not only because of looming resource depletion but also to curb the negative externalities such as pollution and greenhouse gas emissions.
Lastly, because energy is paramount to revenue generation, its distribution needs to become more inclusive and fair to foster universal development, especially for the urban poor.
Smart grids – electric grids that harmonize supply and demand – provide another solution for the intermittent power supply by helping to balance variable power generation and end-user needs. These grids are also more efficient in transmission and distribution, thus reducing energy loss. Machine shifts can be automated to run during hours of the day when there is enough power to meet demand (for example, washing machines do not need to run at a specific time, so they can turn on automatically while the customer is asleep, or at work).
The major change, however, needs to come from the end-users – residents, businesses, industries –who must control their consumption. The less energy that is used, the less needs to be produced.
Savings can be made by integrating efficient heating, cooling, insulation, lighting, and water distribution systems in new or rehabilitated buildings that will increase energy retention. Likewise, on site alternative energy sources such as solar panels on a roof can supplement power from the grid. The use of recycled, reused, or low energy building materials will also contribute to a better energy balance.
To cut fossil fuel use for transportation needs, cities need to develop attractive public transport systems and must increase the share of non-motorized transport in developing specific infrastructure (such as cycling lanes and walkways), and optimize delivery of goods, (for instance by promoting the use of rail for cargo transport).
Curbing food and water waste will therefore also contribute to lowering overall energy use. Besides reducing energy on the production and delivery side, cities also need to promote urban agriculture, such as rooftop farming (it is estimated that 30% of urban spaces could be covered).
Consumption habits need to change, residents should be encouraged to use more local produce and to take on prosumption, the production of one’s own food. The same reasoning can be extended to consumption habits in general, with residents adopting more sustainable consumption habits and recycling concepts. Cities need to ensure that industries pool their resources in order to create synergy effects.
This can be achieved by establishing eco-industrial parks, where waste and by-products of one industry serves as the raw material of another, thereby improving material and energy efficiency and decreasing environmental emissions. From an economic perspective, this would also make companies more competitive, as better waste management results in cost savings and a higher environmental and business performance.
Governments of developing countries should consider private-public partnerships to develop their energy systems, as current costs cannot be carried by a country alone. For each city to be able to adapt to its own local particularities, authorities need to design decentralized energy systems and infrastructure, and also be permitted to have specific legislation and tax systems to either promote the use of sustainable energy, or to curb and dissuade the use of polluting, inefficient technologies and consumption habits.
Case Study-
UN-Habitat, in conjunction with the United Nations Environment Programme (UNEP) and the governments of Kenya, Uganda, Tanzania, Rwanda, and Burundi initiated a project in 2011 to promote energy efficient buildings in East Africa. The project will directly influence at least 600,000 housing units, 100 large office buildings, as well as numerous hotels, and public institutions. In doing so, the project (calculated over a period of 20 years) will reduce carbon dioxide emissions by more than 7 million tons, due to a reduction in energy consumption.
8) Mobility
By 2005, approximately 7.5 billion trips were made in cities worldwide each day. In 2050, there may be three to four times as many passenger-kilometers travelled as in the year 2000 (infrastructure and energy prices permitting). Freight movement could also rise more than threefold during the same period.
In some cities, the physical separation of residential areas from places of employment, markets, schools, and health services force many urban residents to spend increasing amounts of time, and as much as a third of their income, on transportation.
In the developing world, and especially in African cities where walking can account up to 70 per cent of all trips, this low-density horizontal urban development causes further exclusion of the urban poor. Due to transport poverty, many residents cannot afford to travel to the city centres or to areas where businesses and institutions are located, depriving them of the full benefits offered by urbanization.
Mobility should not only be a matter of developing transport infrastructure and services. It has to be placed in a systemic context including city planning as a whole, to overcome the social, economic, political, and physical constraints of movement.
9) Safety
Global studies show that 60% of all urban residents in developing countries have been victims of crime at least once over the past five years, 70% of them in Latin America and Africa. Urbanization, particularly in the developing world, has been accompanied by increased levels of crime, violence, and lawlessness.
The growing violence and feeling of insecurity that city dwellers are facing daily is one of the major challenges around the world. In some countries, crime and violence have been exacerbated by the proliferation of weapons, substance abuse, and youth unemployment. Crime and violence impact the on everyday life of city residents.
Women and children are often the most affected, especially when fear hinders their access to services. The impact of crime and insecurity restricts urban social and economic development, and often jeopardizes opportunities and pro-poor policies. Without a deliberate effort to address this issue, the prospects of future development and poverty reduction are limited.
Criminal justice systems, including police, courts, and prisons alone cannot cope with escalating urban crime. They play a key role in deterrence and repression, but alone they cannot offer sustainable solutions. Public safety must be considered a right for all, and all members of society must work with together with their municipalities and governments to improve it. Mayors and local authorities have a key role to play in community-wide crime prevention strategies. These strategies must address the rising public demand for crime reduction.
UN-HABITAT’s Safer Cities approach maintains that crime and violence do not happen spontaneously. Inadequate urban environments that exclude some members of society from the benefits of urbanization and participation in decision-making and development motivate crime. The lack of long term solutions to social, economic, and governance issues in the world’s cities, and the failure to promote inclusive policies targeting the most vulnerable groups, is at the root of increases in urban violence and crime. UN-Habitat’s Safer Cities approach is increasingly incorporated as an important solution to crime prevention. Safer Cities spearheads the urban crime prevention approach within the agency.
10) Housing and Slum up-gradation
Housing is one of those basic social conditions that determine the quality of life and welfare of people and places.
Housing is also part of the relationships between society and the environment. On the one hand, housing construction and operation consume large amounts of natural resources (land, energy, water, building materials), while producing waste, air and water pollution. On the other hand, housing itself is exposed to a variety of environmental impacts and hazards, including those associated with natural disasters and climate change. These aspects are also significant considerations for sustainable development. This complex web of inter-relationships between sustainability and housing is addressed by the policies for sustainable housing.
The right to adequate housing (as a component of the right to an adequate standard of living) is enshrined in many international human rights instruments. Most notably among these are the Universal Declaration of Human Rights (art. 25.1) and the International Covenant on Economic, Social and Cultural Rights (art. 11.1).
During the 1990s, the right to adequate housing gained further increasing recognition among the human rights community, and many governments adopted or revised housing policies to include various dimensions of human rights.
The Second United Nations Conference on Human Settlements (Habitat II) in 1996 harnessed this momentum.The outcomes of the Conference, the Istanbul Declaration and the Habitat Agenda, constitutes a framework where human settlements development is linked with the process of realising human rights in general and housing rights in particular.
The United Nations Housing Rights Programme (UNHRP) is a joint initiative of the United Nations Human Settlement Program (UN-Habitat) and the United Nations Office of the High Commissioner on Human Rights (OHCHR) mandated and endorsed by their respective governing bodies and the United Nations General Assembly, and launched in 2002 by the Executive Director of Habitat and the High Commissioner of Human Rights.
The initiative’s objective is to support the efforts by governments, civil society and national human rights institutions to realize the right to adequate housing as described in international human rights declarations and reaffirmed in the Habitat Agenda which states that “Within the overall context of an enabling approach, Governments should take appropriate action in order to promote, protect and ensure the full and progressive realization of the right to adequate housing”.
* Participatory Slum Upgrading Programme (PSUP) –joint effort of the African, Caribbean and Pacific (ACP) Group of States, the European Commission (EC) and UN-Habitat
- Inadequate access to safe water
- Inadequate access to sanitation and infrastructure
- Poor structural quality of housing
- Overcrowding
- Insecure residential status
11) Reconstruction
By end of 2011, over 42 million people worldwide were displaced as a result of conflict and persecution. Although many of these people remain displaced years later, all of them needed some form of shelter support. In addition, 336 natural disasters in 2011 affected 209 million people, and created significant short and long term shelter needs. While most of these needs were met by the affected populations themselves, a significant number of people depended upon support from their governments and external organizations.
The number and plight of internally displaced persons and refugees living for months, sometimes years, in situations of prolonged dependency argue in favour of more sustainable solutions that combine short-term emergency efforts with the longer-term development.
During reconstruction after a disaster or conflict, UN-Habitat advocates that special attention be paid to the environment, women’s secure tenure, rights to land, and adequate housing, among other matters. UN-Habitat advocates that the survivors should be treated as assets and partners in the rebuilding. UN-Habitat provides assessment, planning, and monitoring support for reconstruction of neighbourhoods and informal settlements. Disaster risk mitigation and reducing vulnerability to future crises is a fundamental cornerstone of all interventions.
12) Resilience
Globally, 80 per cent of the largest cities are vulnerable to severe impacts from earthquakes, 60 per cent are at risk from storm surges and tsunamis, and all face new impacts caused by climate change.
Resilience refers to the ability of human settlements to withstand and to recover quickly from any plausible hazards. Resilience against crises not only refers to reducing risks and damage from disasters (i.e. loss of lives and assets), but also the ability to quickly bounce back to a stable state. While typical risk reduction measures tend to focus on a specific hazard, leaving out risks and vulnerabilities due to other types of perils, the resilience approach adopts a multiple hazards approach, considering resilience against all types of plausible hazards.
How can cities become more resilient?
An increasingly common methodology used by local governments and the international community to build resilience are the UNISDR’s “Ten Essentials.” UN-Habitat’s City Resilience Profiling Programme introduced the following “essentials” in order to further upgrade this framework by making it more rigorous, objective, and fit to conduct quantitative assessment and profiling of city resilience.
- Essential 1: Put in place organization and coordination to understand and reduce disaster risk, based on the participation of citizen groups and civil society. Build local alliances. Ensure that all departments understand their role in disaster risk reduction and preparedness.
- Essential 2: Assign a budget for disaster risk reduction and provide incentives for homeowners, low-income families, communities, businesses, and public sector to invest in reducing the risks they face.
- Essential 3: Maintain up-to-date data on hazards and vulnerabilities, prepare risk assessments, and use these as the basis for urban development plans and decisions. Ensure that this information and the plans for your city’s resilience are readily available to the public and fully discussed with them.
- Essential 4: Invest in and maintain critical infrastructure that reduces risk, such as flood drainage, adjusted where needed to cope with climate change.
- Essential 5: Assess the safety of all schools and health facilities and upgrade these as necessary.
- Essential 6: Apply and enforce realistic risk compliant building regulations and land use planning principles. Identify safe land for low-income citizens and upgrade informal settlements, wherever feasible.
- Essential 7: Ensure education programmes and training on disaster risk reduction are in place in schools and local communities.
- Essential 8: Protect ecosystems and natural buffers to mitigate floods, storm surges, and other hazards to which your city may be vulnerable. Adapt to climate change by building on good risk reduction practices.
- Essential 9: Install early warning systems and emergency management capacities in your city, and hold regular public preparedness drills.
- Essential 10: After any disaster, ensure that the needs of the survivors are placed at the centre of reconstruction, while supporting them and their community organizations to design and help implement responses, including rebuilding homes and livelihoods.
Note-No need to remember the essentials, just give it a cursory reading.
13) Climate Change
The effects of urbanization and climate change are converging in dangerous ways. Cities are major contributors to climate change: although they cover less than 2 per cent of the earth’s surface, cities consume 78 per cent of the world’s energy and produce more than 60% of all carbon dioxide and significant amounts of other greenhouse gas emissions, mainly through energy generation, vehicles, industry, and biomass use. At the same time, cities and towns are heavily vulnerable to climate change. Hundreds of millions of people in urban areas across the world will be affected by rising sea levels, increased precipitation, inland floods, more frequent and stronger cyclones and storms, and periods of more extreme heat and cold.
For most cities in developing countries, the pressure to adapt to climate change is mounting. The measures needed to help cities cope with climate change vary considerably depending on political, cultural, historical, and climatic conditions. Such measures can range from “working with nature” (e.g., placing a greater emphasis on coastal resource management, or protecting mangrove and natural reef ecosystems), to a concerted “climate-proofing” of infrastructure, including storm-drainage systems, water supply and treatment plants, as well as protection or relocation of energy or solid waste management facilities. Some coastal cities may need to plan for investments related to a rise in sea level.
In regions where droughts are more likely to occur, on the other hand, improved water saving and water management measures may be required. Of equal, if not greater, importance to such physical and infrastructural adaptations are a broad range of measures that reduce vulnerabilities and increase community resilience to climate change. These include:
- local economic development strategies
- community early warning systems
- better shelter options and participatory in-situ slum upgrading
- relocation of urban populations to appropriate or improved locations (when in-situ upgrading is not feasible)
- improved public health interventions
- urban and peri-urban agriculture that takes into consideration a changing climate
UN-Habitat’s Cities and Climate Change Initiative (CCCI) seeks to enhance the preparedness and mitigation activities of cities in developing and least developed countries. It emphasizes good governance, responsibility, leadership, and practical initiatives for local governments, communities, and citizens. Building on UN-Habitat’s extensive experience in sustainable urban development, the Cities and Climate Change Initiative helps counterparts to develop and implement pro-poor and innovative climate change policies and strategies.
CCCI is also developing a suite of tools to support city leaders and practitioners in addressing the impact of climate change (adaptation) and to help reduce greenhouse gas emissions (mitigation). To these ends, UN-Habitat is working closely with a diverse range of partners: donors, government at all levels, other UN agencies, non-governmental organizations (NGOs), community-based organizations, institutions of research and higher learning, capacity building and training agencies, land and property organizations, and private sector entities, among others.
14) Gender
At present, rapid urbanization is challenging both national and local governments in their role to develop compact, inclusive, connected and integrated cities. In this process of fast urbanization, failure to fully mainstream gender equality into urban planning, legislation and economic development is hindering the inclusiveness of cities and preventing the full integration of women and girls in the economic, social, political and cultural life of cities. UN-Habitat is committed to the goal of gender equality in human settlements development. Women and men, girls and boys, experience urbanization and cities differently and benefit differently from the opportunities available therein.

Informal Settlements
Many girls living in these areas fail to attend school, particular-ly after the onset of puberty, when separate toilet facilities for boys and girls are not available. The concentration of poverty in informal settlements aggravates gender inequalities in issues of safety, lack of access to security of tenure, water, sanitation, transport and health services.
Mobility
Poor urban design choices, such as poor street lighting and secluded underground walkways can put women more at risk of violence in public spaces. Women’s safety involves strategies, practices and policies which aim to reduce gender-based violence, including women’s vulnerability to crime. Making communities safer for all requires a change in community norms, patterns of social interaction, values, customs and institutions. Thus gender sensitive policies, planning and approaches to the prevention of crime and violence against women need to be inclusive of development and safety strategies.
Young Women
Young women face dual discrimination because of their age and gender, and are often among those living with the highest levels of poverty and marginalization in urban settings. Female-headed households, which can reflect and lead to a change in traditional gender roles where young women take a lead role in their communities are not uncommon, particularly in informal settlements. In addition, young women continue to face challenges relating to security and mobility, rights and access to land, freedom of expression, sufficient basic services, educational and economic resources.
Economic Empowerment
Women have more opportunities for gainful employment in cities; however, they continue to earn less than men, due to the gendered division of labour which segregates them to lower-paid jobs. For women living in poverty there are immense challenges in accessing credit and financing for themselves and their organizations. Ensuring the integration of women to public life and jobs through the specific location of economic activities for market and accessible commercial uses, public venues and other services, in which social and economic dimensions are developed, is shown to lower poverty levels
Governance
Improving women and girls active and meaningful participa-tion in decision-making and policy development will change women’s political and socio-economic status. In sum, unless women and communities are involved in decision-making and policy development at every level of governance, changes to women’s political and socio-economic status will likely be minimal, and the improvement of human settlements will be greatly constrained.
Land ownership
At present, Women own less of the world’s private land, in some cases as little as 2 percent. Lack of secure tenure over housing and land affects millions of people across the world, but women face harsher deprivations with some traditions and customs denying them direct entitlements to property. This translates into policies and laws that prevent women from buying land directly, having a house in their own name, or having control over decision-making regarding land and housing issues.
Legislation
Legislation is essential to gender mainstreaming and improving the lives of women and girls. Often it is the first point of evolution in women’s rights, although these changes experience challenges when translating into the lives of women and girls on the ground. Moreover, rapidly growing urban areas are burdened by laws that do not match the prevailing urban reality and evolving gender-roles of both women and men.
15) Youth
Globally, 85 per cent of the world’s young people live in developing countries, and an ever-increasing number of them are growing up in cities. It is estimated that by 2030, as many as 60% of all urban dwellers will be under the age of 18.
All over the world, young people are finding it increasingly difficult to break into the labour market. Youth make up 25% of the global working age population, but account for 43.7% of the unemployed. This means that almost every other jobless person in the world is between the ages of 15 and 24.
The exclusion from the economic, political, and social life of their countries breeds disillusionment, hopelessness, and upheaval. Research has found links between youth unemployment and social exclusion, and suggests that this may lead to political and social instability, and possibly to violence.
Action is required to achieve economic prosperity for, and the inclusion of, the youth. Although evidence shows that governments and cities are making efforts to tackle youth poverty and their lack of engagement in governance, resources to undertake such interventions are very limited.
Urban Youth Research Network (a global network of urban youth experts), UN-Habitat provides a range of research and strategic planning services, including:
- national or city-level empirical research on the challenges and opportunities of urban youth populations;
- national or city-level workshops to discuss the results of the research on urban youth; and
- participatory formulation of a national or city urban youth strategy, which encompases skills development, job creation, sports, and recreation.
Through its Urban Youth Research Network (a network of 15 key research agencies focusing on urban youth, such as the Children, Youth and Environment Centre and the International Institute for Child Rights and Development), UN-Habitat seeks to enhance national and city level decision-makers’ understanding of the challenges facing urban youth, as well as of the opportunities for dealing with those challenges.
One of UN-Habitat’s flagship reports, the State of Urban Youth, is launched biannually as part of the State of the World Cities report. The World Urban Forum Dialogue series on Urban Youth is a biannual publication launched at the World Urban Forum, which highlights cutting edge research on urban youth issues. UN-Habitat’s city partners use the Series to develop programmes that engage youth and help them to become productive citizens.
16) Human Rights
The challenges of urbanization, such as rising inequality and the prevalence of slums, are symptoms of a larger deficit to respect human rights in cities, particularly the right to adequate housing and the right to safe drinking water and sanitation. Only when all dimensions of human rights are respected will urbanization realize itself as the transformative force that it is. The human rights dimensions relate to the availability, accessibility, acceptability, adaptability, quality and appropriateness of the rights to adequate housing, safe drinking water and sanitation.
The human rights-based approach defines a pattern of human rights relationships between the individual – who is the claim-holder with justified claims on the state – and the state – which is the duty-bearer. This has the effect of removing many decisions from the realms of benevolent or charitable decision-making by the member state, and placing an obligation on it to show evidence of serious efforts to realise the rights it has ratified. The state is held accountable through international governance institutions for making progress in fulfilling the relevant rights. A human rights-based approach involves moving away from assessing the needs of beneficiaries towards empowering and building the capacity of claim-holders in asserting their rights.
The human rights-based approach adds value to urban planning by legitimizing prioritization of the interests on the most marginalized in society and their participation in the planning process.Indeed, the creation and implementation of an appropriate form of urban planning is a precondition in many national contexts for the fulfilment of human rights obligations in the urban context.
SDG and UN-HABITAT

Dubai International Award For Best Practice
The Dubai Municipality and UN-Habitat present the Dubai International Award for Best Practices to Improve the Living Environment.
Recent Posts
- Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund.
- LEAF is supported by transnational corporations (TNCs) like Unilever plc, Amazon.com, Inc, Nestle, Airbnb, Inc as well as Emergent, a US-based non-profit.
- The world lost more than 10 million hectares of primary tropical forest cover last year, an area roughly the size of Switzerland.
- Ending tropical and subtropical forest loss by 2030 is a crucial part of meeting global climate, biodiversity and sustainable development goals. Protecting tropical forests offers one of the biggest opportunities for climate action in the coming decade.
- Tropical forests are massive carbon sinks and by investing in their protection, public and private players are likely to stock up on their carbon credits.
- The LEAF coalition initiative is a step towards concretising the aims and objectives of the Reducing Emissions from Deforestation and Forest Degradation (REDD+) mechanism.
- REDD+ was created by the United Nations Framework Convention on Climate Change (UNFCCC). It monetised the value of carbon locked up in the tropical forests of most developing countries, thereby propelling these countries to help mitigate climate change.
- It is a unique initiative as it seeks to help developing countries in battling the double-edged sword of development versus ecological commitment.
- The initiative comes at a crucial time. The tropics have lost close to 12.2 million hectares (mha) of tree cover last year according to global estimates released by Global Forest Watch.
- Of this, a loss of 4.2 mha occurred within humid tropical primary forests alone. It should come as no surprise that most of these lost forests were located in the developing countries of Latin America, Africa and South Asia.
- Brazil has fared dismally on the parameter of ‘annual primary forest loss’ among all countries. It has lost 1.7 mha of primary forests that are rich storehouse of carbon. India’s estimated loss in 2020 stands at 20.8 kilo hectares.
- Between 2002-2020, Brazil’s total area of humid primary forest reduced by 7.7 per cent while India’s reduced by 3.4 per cent.
- Although the loss in India is not as drastic as in Brazil, its position is nevertheless precarious. For India, this loss is equivalent to 951 metric tonnes worth carbon dioxide emissions released in the atmosphere.
- It is important to draw comparisons between Brazil and India as both countries have adopted a rather lackadaisical attitude towards deforestation-induced climate change. The Brazilian government hardly did anything to control the massive fires that gutted the Amazon rainforest in 2019.
- It is mostly around May that forest fires peak in India. However, this year India, witnessed massive forest fires in early March in states like Odisha, Uttarakhand, Madhya Pradesh and Mizoram among others.
- The European Union’s Copernicus Atmospheric Monitoring Service claimed that 0.2 metric tonnes of carbon was emitted in the Uttarakhand forest fires.
- Implementation of the LEAF Coalition plan will help pump in fresh rigour among developing countries like India, that are reluctant to recognise the contributions of their forest dwelling populations in mitigating climate change.
- With the deadline for proposal submission fast approaching, India needs to act swiftly on a revised strategy.
- Although India has pledged to carry out its REDD+ commitments, it is impossible to do so without seeking knowledge from its forest dwelling population.
- providing Dominion Status to India, i.e., equal partnership of the British Commonwealth of Nations;
- all Provinces (ruled by the British India government) and Indian States (ruled by Indian princes) should constitute one Indian Union by the British Constitution;
- the Constitution of India should be framed by an elected Constituent Assembly of Indian people but if any province (or Indian State) which was not prepared to accept the Constitution was to be free to retain its constitutional position which had existed at that time.
- Such provinces were to be free to enter separate constitutional arrangements.
- there should a Union of India consisting of British India and the States, which would have jurisdiction over subjects of Foreign Affairs, Defense and Communication;
- all residuary powers would belong to the Provinces and the States;
- the Union would have Executive and Legislature consisting of the representatives from the Provinces and the States but for decision relating to a major communal issue in the legislature a majority of representatives of two major communities would be present, and voting along with the majority of all members present and voting would be required;
- the provinces would be free to form Groups with executives and legislatures;
- and each group would be free to determine the Provincial Subjects which would be taken up by the Group organisation.
- India’s telecom market has seen monopoly as well as hyper-competition.
- Twenty-five years ago, the government alone could provide services.
- Ten years later, there were nearly a dozen competing operators.
- Most service areas now have four players.
- The erstwhile monopolies, BSNL and MTNL, are now bit players and often ignored.
- India is ranked second globally—after China—in the number of people connected to the internet. However, it is also first in the number of people unconnected.
- Over 50% of Indians are not connected to the internet, despite giant strides in network reach and capacity.
- India’s per capita or device data usage is low. It has an impressive 4G mobile network. However, its fixed network—wireline or optical fibre—is sparse and often poor.
- 5G deployment has yet to start and will be expensive.
Context:-
At the recently concluded Leaders’ Summit on Climate in April 2021, Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund plan that shall be offered to countries committed to arrest the decline of their tropical forests by 2030.
[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]What is LEAF Coalition?
Why LEAF Coalition?
Brazil & India
According to the UN-REDD programme, after the energy sector, deforestation accounts for massive carbon emissions — close to 11 per cent — in the atmosphere. Rapid urbanisation and commercialisation of forest produce are the main causes behind rampant deforestation across tropical forests.
Tribes, Forests and Government
Disregarding climate change as a valid excuse for the fires, Indian government officials were quick to lay the blame for deforestation on activities of forest dwellers and even labelled them “mischievous elements” and “unwanted elements”.
Policy makers around the world have emphasised the role of indigenous tribes and local communities in checking deforestation. These communities depend on forests for their survival as well as livelihood. Hence, they understand the need to protect forests. However, by posing legitimate environmental concerns as obstacles to real development, governments of developing countries swiftly avoid protection of forests and rights of forest dwellers.
For instance, the Government of India has not been forthcoming in recognising the socio-economic, civil, political or even cultural rights of forest dwellers. According to data from the Union Ministry of Tribal Affairs in December, 2020 over 55 per cent of this population has still not been granted either individual or community ownership of their lands.
To make matters worse, the government has undertaken systematic and sustained measures to render the landmark Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ineffective in its implementation. The Act had sought to legitimise claims of forest dwellers on occupied forest land.
Various government decisions have seriously undermined the position of indigenous people within India. These include proposing amendments to the obsolete Indian Forest Act, 1927 that give forest officials the power to take away forest dwellers’ rights and to even use firearms with impunity.
There is also the Supreme Court’s order of February, 2019 directing state governments to evict illegal encroachers of forest land or millions of forest dwellers inhabiting forests since generations as a measure to conserve wildlife. Finally, there is the lack of data on novel coronavirus disease (COVID-19) deaths among the forest dwelling population;
Tardy administration, insufficient supervision, apathetic attitude and a lack of political intent defeat the cause of forest dwelling populations in India, thereby directly affecting efforts at arresting deforestation.
Way Forward
Tuntiak Katan, a global indigenous leader from Ecuador and general coordinator of the Global Alliance of Territorial Communities, aptly indicated the next steps at the Climate Summit:
“The first step is recognition of land rights. The second step is the recognition of the contributions of local communities and indigenous communities, meaning the contributions of indigenous peoples.We also need recognition of traditional knowledge practices in order to fight climate change”
Perhaps India can begin by taking the first step.
INTRODUCTION:-
The Constitution of India was adopted on 26 November 1949, which means it was finalised by the Constituent Assembly on that day. But it became operative two months after its adoption, i.e., on 26 January 1950, which is also known as the date of its “commencement”.
[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]However, some provisions of it, i.e., those relating to citizenship, elections, provisional Parliament, temporary and transitional provisions had become operative on 26 November 1949 itself. The reason for its commencement after two months of its adoption was to signify the January 26 as the original date of achievement of Independence.
It was this day, i.e. 26th January, in 1930 which the Indian National Congress (INC) had first celebrated as the Independence Day of India. It is important to note that the Constitution of India is product of a longdrawn process and deliberations.
EVOLUTION OF THE INDIAN CONSTITUTION 1858-1935
The Constitution of India embodies provisions providing basic democratic rights of human beings including the persons who are not Indian citizens. It also embodies provisions for the availability of institutions for legislation, execution and jurisdiction for the fulfilment these rights.
It presents a vision for social transformation and deepening of democracy in India. The process of evolution of democratic institutions and rights had started much before the Constituent Assembly really made the Constitution of India.
It, however, must be underlined that the features of democratic institutions and values which were introduced during the colonial period were meant to serve the colonial interests in contrast to the purpose of the provisions of the Constitution made by the Constituent Assembly of India.
Although the Indian Constitution was result of the deliberations (from December 9, 1947 to November 26, 1949) of the Constituent Assembly, some of its features had evolved over three quarters of a century through various Acts, i.e., from 1858 to 1935.
The Government of India Act, 1935, and Other Acts
With the transfer of power from the East India Company to the British Crown, the British Parliament got involved in managing affairs of India. For achieving this purpose, from 1858 till 1935, the colonial government introduced certain features of constitution or rules of governance through different Acts. The Government of India Act, 1935 was the most important among these Acts.
First of these other Acts was Government of India Act, 1858. It provided for a combination of centralised and decetralised power structure to govern India. The centralised structure was introduced in the areas which were under the direct control of the Crown. These areas were known as British India provinces or provinces. The decentralized structure was introduced in the areas which were not under the direct control of the Crown. These areas were ruled by the Indian princes, and were known as princely states or states.
Under this system, the princes had freedom to govern in all internal matters of their princely states, but they were subject to the British control. In the centralized structure of power which was introduced in the provinces, all powers to govern India vested in the Secretary of State for India (and through him in the Crown). He acted on behalf of the Crown.
He was assisted by a fifteen-member council of ministers.There did not exist separation of executive, legislative and judicial functions of government; these all were concentrated in the hands of the Secretary of State for India. In British India, the Secretary of State of India was assisted by the Viceroy, who was assisted by an executive council.
At the district level, the viceroy was assisted by a small number of British administrators. The provincial government did not have financial autonomy. In 1870 viceroy Lord Mayo ensured that all parts of provincial administration received due share of revenue to meet their needs.
The scope of political institutions in the provinces was expanded a little further following the introduction of Council of India Act, 1909. This Act introduced for the first time a “representative element” in British India, which included elected non-official members.This Act also introduced separate representation to Muslim community.
The Government of India Act 1919 devolved some authority to the provincial governments, retaining the control of the central government (unitary government) on them.It relaxed the control of the central government in a limited way. It divided the subjects for jurisdiction of administration and sources of revenue between centre and provinces.
Under this arrangement, the provincial government was given control on resources of revenue such as land, irrigation and judicial stamps. The provincial subjects were divided into “transferred’ and “reserved” categories.
The “transferred” subjects were governed by the governor, and “reserved” subjects were governed by the legislature. The governor (executive head) was not accountable to the legislature.
The Government of India Act, 1935 was different from the earlier Government of India Acts. Unlike the earlier Acts, the Government of India Act, 1935 also provided for provincial government enjoying provincial autonomy. It provided “safeguards” for minorities.
Such “safeguards” included provisions for separate representations to Muslims, Sikhs, the Europeans, Indian Christians and Anglo-Indians. This Act also provided for three lists of divisions of power between the federation (central government) and provinces: federal (central), concurrent and provincial.
The Act also provided for establishment of a federal court to adjudicate disputes between federation and provinces. The executive head of the provincial government was Governor, who enjoyed special power. Under the special power the Governor could veto the decisions of the provincial legislature.
He acted on behalf of the Crown, and was not a subordinate of the Governor-General (the changed designation of Viceroy). He enjoyed discretionary powers to exercise his “individual judgments” in certain matters. In such matters, he did not need to work under the advice of ministers: he was to act under the control of the Governor-General, and indeed the Secretary of the State.
He was also not accountable to the legislature but he was required to act on the advice of ministers, who were accountable to the legislature.
Government of India Act, 1935 also had provisions for setting up a central government consisting of representatives from the provinces(areas ruled by the British India government) and the states (the areas covered under princely states).Such government was supposed to be known as federal government because of composition with members both from provinces and the states.
However, the federal government could not be formed because there was no unanimity among the princes to join the federation; consent of all princes was essential for the formation of federation. Thus, only the provincial governments could be formed as per this Act.
And election to the provincial legislature as per the Government of India Act, 1935 was held in 1937. Following the election of 1937, provincial governments headed by the Indian National Congresswere formed in eight provinces. The Indian National Congress government resigned in 1937. Nevertheless, according to M. Govinda Rao and Nirvikar Singh (2005), the Government of India Act, 1935 provided a basis to the Constituent Assembly to make the Constitution.
The Nehru Report(1928): First Indian Initiative to Draft Constitution
As you have read above, attempts to introduce elements of constitution in British India through different Act since 1858 were made by the British rulers. Indians had no role in it.
The first attempt by Indians themselves to prepare a Constitution of India was made in the Nehru Report(1928).Earlier, effort by Indians was made in the name of the swaraj (self-rule) by leaders of Indian national movement during the non-cooperation movement in 1921-22.
The Nehru Report was known as such because it was named after the chairman of its drafting committee, Motilal Nehru. The decision to constitute the drafting committee was taken in the conference of the established All India parties. The principal among these parties included Indian National Congress, Swaraj Party and Muslim League. The Justice Party of Madras and Unionist Party of Punjab did not participate in this meeting.
The Nehru Report demanded universal suffrage for adults and responsible government both in the centre and in the provinces. It, however, supported the Dominion Status, not complete independence for India.
It meant that Indians would have freedom to legislate on certain limited matters under the control of the British India government. For this, the Nehru Report prepared list of central and provincial subjects, and fundamental rights. It also raised demands for universal suffrage for men and women adults.
Indeed, it was in 1934, a few years after the preparation of the Nehru report, that the Indian National Congress officially demanded a constitution of Indian people, without the interference of outsiders.
FORMATION OF THE CONSTITUENT ASSEMBLY
The Cripps Mission
Initially, the colonial authorities resisted the demand for creation of a Constitution of India. But with the change in the circumstances – the outbreak of the World War II and formation of the new Coalition (Labour-led) government in Britain, the British government was forced to acknowledge the urgency to solve the problem related to Constitution of Indians.
In 1942, the British government sent its cabinet member – Sir Stafford Cripps with the draft declaration on proposals (regarding formation of constitution for Indians) to be implemented at the end of the WW II provided both the Muslim League and the Indian National Congress had agreed to accept them.
The draft proposals of the Cripps Mission recommended the following:
Both the Indian National Congress and the Muslim League did not accept the proposals of the Cripps Mission. The Muslim League demanded that India should be divided on the communal lines and some provinces should form an independent state of Pakistan; and, there should be two Constituent Assemblies, one for Pakistan and another for India.
The Cabinet Mission
The British Indian government made several attempts to bridge the differences between the Indian National Congress and the Muslim League. But it was unsuccessful.
The British government sent another delegation of the Cabinet members, known as the Cabinet Delegation, which came to be known as the Cabinet Mission Plan. It consisted of three cabinet members – Lord Pathic Lawrence, Sir Stafford Cripps and Mr. A.V. Alexander.
The Cabinet Delegation also failed to bring the Indian National Congress and the Muslim League to an agreement. It, however, made its own proposal which was announced simultaneously on 16 May, 1946 in England as well as in India.
The Cabinet delegation made the following recommendations:
Election to the Constituent Assembly
Meanwhile, according to the proposals of the Cabinet Mission, the election to the Constituent Assembly was held in which members of both the Indian National Congress and the Muslim League were returned. The members of the Constituent Assembly were elected by the Provincial Legislative Assemblies.
However, differences between the Indian National Congress and the Muslim League arose on interpretation of “Group Clauses” of the Cabinet Mission.
The British government intervened at this stage and explained to the leaders in London that the contention of the Muslim League was correct. And on December 6, 1946, the British Government published a statement, which for the first time acknowledged the possibility of two Constituent Assemblies and two States.
As a result, when the Constituent Assembly first met on December 9, 1946, it was boycotted by the Muslim League, and it functioned without the participation of the Muslim League.
NATURE OF THE CONSTITUENT ASSEMBLY’S REPRESENTATION
It is often argued that the Constituent Assembly of India did not represent the masses of India because its representatives were not elected through the universal adult franchise. Rather they were indirectly elected by the restricted adult franchise confined to the elite sections of society – the educated and tax payers.
According to Granville Austin the reasons for the restricted franchise and indirect election to the Constituent Assembly members were spelled by the Cabinet Mission Plan. These were to avoid the cumbersome and slow progress in the process of Constitution making.
The Cabinet Mission provided for the indirect election to the Constituent Assembly by the elected members of the provincial legislature. The Indian National Congress agreed to this proposal of the Cabinet Mission forsaking the claim of adult franchise to hold election to the Constituent Assembly.
Despite having been elected through the restricted adult franchise, the Constituent Assembly represented different shades of opinions and religious communities of India. Austin observed that though there was a majority of the Indian National Congress in the Constituent Assembly, it had an “unwritten and unquestioned belief” that the Indian National Congress should represent social and ideological diversity.
There was also its “deliberate policy” that the representatives of various minority communities and viewpoints should be represented in the Constituent Assembly. The Constituent Assembly consisted of members with different ideological orientations, and three religious communities -Sikhs, Muslims and General (Hindus and all other communities like the Anglo-Indians, Parsis, etc).
In words of K. Santaram “There was hardly any shade of opinion not represented in the Assembly”. Majority of the Constituent Assembly members belonged to the Indian National Congress. It also included more than a dozen non-Indian National Congress members.
Some of these were A.K. Ayyer, H.N. Kunjru, N.G. Ayyanger, S.P. Mukherjee and Dr. B.R. Ambedkar. S.P. Mookerji represented the Hindu Mahasabha.
The Constituent Assembly included representatives from the Princely States as well. It needs to be underscored that Dr. Ambedkar was initially elected to the Constituent Assembly from Bengal as member of the Scheduled Caste Federation. But he lost this seat due to the partition of Bengal and was re-elected by the Bombay Indian National Congress (as a non-Indian National Congress candidate) at the request of the Indian National Congress High Command.
The Constituent Assembly sought to address concerns of every person irrespective of their social and cultural orientations. Before incorporating a provision in the constitution, it held elaborate deliberations. Thus, the members of the Constituent Assembly could overcome the limitations of having been elected by the restricted franchise.
The Constituent Assembly sought to accommodate universal values of democracy. The Constituent Assembly adopted several provisions from different constitutions of world and adapted them to the needs of India. In fact, Austin argues that while incorporating different provisions in the Constitution including those which were borrowed from other countries the Constituent Assembly adopted “two wholly Indian concepts” of resolving differences among its members, i.e., consensus and accommodation.
Most members of the Constituent Assembly participated in its proceedings. But these were twenty individuals who played the most influential role in the Assembly.
Some of them were Rajendra Prasad, Maulan Azad, Vallabhbhai Patel, Jawaharlal Nehru, Govind Ballabh Pant, P. Sitaramayya, A.K. Ayyar, N.G. Ayyangar, K.M. Munshi, Dr. B.R. Ambedkar and Satyanarayan Sinha. Though the Constituent Assembly was the sole forum where deliberations took place, yet the deliberations took place in coordination of three bodies – the Constituent Assembly, the Indian National Congress Party, and the interim government.
Some members of the Constituent Assembly were also members of other bodies at the same time. Austin said that “an oligarchy” of four – Nehru, Patel, Prasad and Azad had enjoyed unquestioned honour and prestige in the Assembly. They dominated the proceedings of the Constituent Assembly.Some of these were simultaneously in the government, Indian National Congress Party and the Constituent Assembly.
Prasad was President of Indian National Congress before becoming the President of the Constituent Assembly. Patel and Nehru were Prime Minister and Deputy Prime Minister respectively at the same time. They were part of the inner circles of the committees of the Constituent Assembly.
The Constitution Drafting Committee meticulously incorporated in the draft constitution the decisions of the Constituent Assembly. Dr. B.R. Ambedkar, chairman of the Drafting Committee played the leading role in drafting of the Constitution.
Acknowledging the pivotal role of Dr. Ambedkar, T.T. Krishnamachari, a member of the Drafting Committee, said in one of his speeches: “The House is perhaps aware that out of the seven members nominated by you, one had resigned from the house and was replaced. One had died and was not replaced. One was away in America and his place was not filled up, and another person was engaged in State Affairs, and there was a void to that extent. One or two people were far away from Delhi and perhaps reasons of health did not permit them to attend. So it happened ultimately that the burden of drafting this constitution fell upon Dr. Ambedkar and I have no doubt that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable.”
Dr. Ambedkar on his part “gave much of credit” to S.N. Mukerjee – B.N. Rau’s and Ambedkar’s assistant, the Drafting Officer of the Assembly, “for the careful wording of the Constitution”.
THE ROLE OF THE CONSTITUENT ASSEMBLY IN THE MAKING OF INDIAN CONSTITUTION 1946-1949
The inaugural session of the Constituent Assembly was held on 9 December 1946. It was supposed to be attended by all 296 members but only 207 members could attend it because the Muslim League members absented from it.
As stated earlier, they had boycotted the Constituent Assembly. In this meeting, Acharya J.B. Kripalani requested Dr. Sachchidananda Sinha to be the temporary chairman of the House. The members passed a resolution on 10 December 1946 for election of a permanent chairman, and on 11 December 1946, Dr. Rajendra Prasad was elected as the permanent Chairman of the Constituent Assembly.
The Constituent Assembly divided its work among different committees for its smooth functioning. Some of the important committees were:
(a) Union Power Committee. It was chaired by Jawaharlal Nehru and had nine members;
(b) Committee on Fundamental Rights and Minorities. It had 54 members and Sardar Ballabh bhai Patel was its chairman;
(c) Steering Committee and its 3 members which included Dr. K.M. Munshi (chairman), Gopalaswami Iyangar and Bhagwan Das;
(d) Provincial Constitution Committee. It had 25 members with Sardar Patel as its chairman;
(e) Committee on Union Constitution. It had 15 members with Jawahalal Nehru as its chairman.
After discussing the reports of these committees, the Constituent Assembly appointed a Drafting Committee on 29 August 1947 under the chairmanship of Dr. B.R. Ambedakar. The draft was prepared by Sir B.N. Rau, Advisor to the Constituent Assembly.
A 7-member Committee was constituted to examine the draft. Dr. B.R. Ambedkar, who was Law Minister as well as chairman of the Drafting Committee piloted the draft in the Assembly. Dr. Ambedkar presented “Draft Constitution of India”. The “Draft Constitution” was published in February, 1948.
It was discussed by the Constituent Assembly clause by in its several sessions and was completed by October 17, 1949. This discussion was known as the second reading. The Constituent Assembly again met on 14 November 1949 to discuss the draft further or to give it a third reading.
It was finalised on 26 November 1949 after receiving the signature of the President of the Constituent Assembly. But it was January 26, 1950 which became the date of commencement of the Constitution.
SALIENT FEATURES OF THE CONSTITUION
The Indian Constitution has some salient features. These features give Indian Constitution a distinct identity. It is based on the features of different constitutions of the world. In the words of Dr. Ambedkar, The Indian constitution was prepared “after ransacking all the known Constitutions of the world”.
The chapter on Fundamental Rights is based on the American Constitution; the Parliamentary System has been adopted from the British Constitution; the Directive Principles of State Policy have been adopted from the constitution of Ireland; the Emergency provisions are based on the Constitution of Weimar (Germany) and Government of India Act, 1935.
The features which have been borrowed from other Constitutions have been modified in the light of the needs of our country. It is the longest written constitution. At the time of its formation, the constitution of India had 395 Articles and 8 Schedules. It ensures both Justiciable and Non-Justiciable Rights: Fundamental Rights and the Directive Principles of the State Policy.The constituent makers preferred universal adult franchise over the separate electorates.
Universal Adult Suffrage and Abolition of the Separate Electorate
After debating its draft list of Fundamental rights the Sub-Committee on Fundamental Rights did not recommend inclusion of all of them in the section III of the Constitution as the Fundamental Rights. Instead, it suggested that these should be incorporated in other places in the Constitution.
One such example is that of the Universal suffrage, and Secrete and periodic elections. The sub Committee agreed unanimously in favour of the Universal suffrage but suggested that it should not be part of the Fundamental Rights.
Accordingly, it was placed in the Article 326 of the Part XV on election.The word “universal”, however, is missing from the Article 326. But the fact that every adult citizen of the country is entitled to vote makes it practically a universal adult franchise.
In fact, before Indians really got the right to universal adult franchise, the prominent leaders of the Indian National movement strove for the abolition of the separate electorate in favour of the joint electorate.
The British had sought to continue separate electorate in India since the Morley-Minto reforms, 1909 till the Communal Award of 1932 in the Constitution.
The Communal Award aimed to accord separate electorate for Muslims, Europeans, Sikhs, Indian Christians and Anglo-Indians. It also provided for seats for the Depressed Classes which were to be filled in elections from special constituencies. In such constituencies only the depressed classes could vote.
In addition, the depressed classes were also entitled to vote in general constituencies. Gandhi opposed the recommendation of the notion of separate electorate for the depressed classes. In opposition to the proposal for separate electorate, he set on fast unto death in September 1932. Gandhi’s fast evoked opposition from Ambedkar. However, both Gandhi and Ambedkar reached compromise in Poona Pact.
According to the Poona Pact, seats were reserved for the depressed classes in the general constituencies. This resulted in the abolition of the separate electorate.The abolition of separate electorate got reflected in the reservation of seats in the legislative bodies Constitution.
CONCLUSION
The making of Indian Constitution largely consisted of two phases – 1858 to 1935 and 1946 to 1949. With the transfer of power from the East India Company to the British Crown, the British government introduced different elements of governance through different Acts.
These also included the elements of representation of Indians in the institutions of governance. The motive of the British to introduce them was to serve their colonial interests rather than to provide democratic rights to them. The provision for communal representation introduced through the Morley-Minto Reforms in 1909 and through the Communal Award in 1932 was opposed by the leaders of the Indian National Movement.
Gandhi’s fast resulted in the Poona Pact abolishing the separate electorate and in giving the reservation to the depressed classes in the provincial legislature. After the Indian National Congress emphasized the need for making of a Constitution of India by their own Constitient Assembly, the changed political situation following the Second World War and change of government in Britain, the British reluctantly realized the urgency for establishment of the Constituent Assembly of India for Indians.
The Constituent Assembly which was set up following the recommendations of the Cabinet Mission Plan was elected through the restricted adult franchise by the provincial assemblies. Despite having elected by the privileged sections of the society, the Constituent Assembly represented different shades of opinions and ideologies.
It also represented different social groups of India. The Constituent Assembly discussed all issues thoroughly before reaching decision on them. The decision and suggestions of different sub-Committees of the Constituent Assembly were finally incorporated in the Constitution of India.
The Constitution of India is a document which provides a vision for social change. The Constitution is an embodiment of principles of liberal democracy and secularism, with some elements of social democracy. It ensures protection of cultural, linguistic and religious rights of individuals and communities.
Context
Sunil Mittal, the chairman of Bharti Airtel, said recently that it would be “tragic” if India’s telecom-access market was to be reduced to only two competing operators. He was probably referring to the possible exit of the financially-stressed Vodafone Idea and the increasing irrelevance of government-owned operators, BSNL and MTNL. This would essentially leave the market to Reliance Jio and Airtel. A looming duopoly, or the exit of a global telecommunications major, are both worrying. They deserve a careful and creative response.
[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]Thus Far
The reduced competition is worrying. Competition has delivered relatively low prices, advanced technologies, and an acceptable quality of services. These gains are now at risk. There is a long way to go in expanding access as well as network capacity.
The Indian Telecom Irony
Vodafone Tragedy
Filling the gaps in infrastructure and access will require large investments and competition. The exit of Vodafone Idea will hurt both objectives. The company faces an existential crisis since it was hit hardest by the Supreme Court judgment on the AGR issue in 2019, with an estimated liability of Rs 58,000 crore.
The closure of Vodafone Idea is an arguably greater concern than the fading role of BSNL and MTNL. The government companies are yet to deploy 4G and have become progressively less competitive. Vodafone Idea, on the other hand, still accounts for about a quarter of subscriptions and revenues and can boast of a quality network.
It has been adjudged the fastest, for three consecutive quarters, by Ookla, a web-service that monitors internet metrics. India can ill-afford to waste such network capacity. The company’s liabilities will deter any potential buyer.
Vodafone+MTNL+BSNL ?
A possible way out could be to combine the resources of the MTNL and BSNL and Vodafone Idea through a strategic partnership. Creative government action can save Vodafone Idea as well as improve the competitiveness of BSNL and MTNL.
It could help secure government dues, investment, and jobs. It is worth recalling here that, about 30 years ago, the Australian government’s conditions for the entry of its first private operator, Optus, required the latter to take over the loss-making government satellite company, Aussat. Similar out-of-the-box thinking may well be key to escape the looming collateral damage.
It is not trivial to expand competition in India’s telecom market. Especially since there are no major regulatory barriers to entry anymore. Any new private player will be driven largely by commercial considerations. Global experience suggests that well-entrenched incumbents have massive advantages. New players are daunted by the large investments—and much patience!—needed to set up networks, lure existing customers and sign new ones.
However, regulators and policymakers have other options to expand choice for telecom consumers. Their counterparts in mature regulatory regimes—e.g., in the European Union—have helped develop extensive markets for resale. Recognising the limited influence of smaller players, regulators mandate that the incumbent offer wholesale prices to resellers who then expand choice for end-users.
This has been virtually impossible in India. There is a near absence of noteworthy virtual network operators (VNOs) and other resellers. A key barrier to resale is India’s licence fee regime which requires licence-holders to share a proportion of their revenues with the government. Thus, resale could hurt exchequer revenues unless resellers are subject to identical levies. Understandably, the levies—and consequently additional reporting and compliance—is a disincentive for smaller players. The disincentive flows from levies based on revenues which comes with considerable costs of compliance. It would almost vanish if the levies were replaced by say, a flat fee computed objectively.
The ball is in the court of the regulator and the government. They have options. But will they take decisive action to exercise them? It will be ‘tragic’ if they can’t.
INTRODUCTION
Since most of the early scholars, researchers and historians were men, many aspects of society did not find a place in history books. For example, child-birth, menstruation, women’s work, transgenders, households etc. did not find much mention.
[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]Rather than building a holistic picture of the past, some select aspects such as polity and the different roles of men became the central focus of history writing. Women were confined to one corner of the chapter where a paragraph or two was devoted to the ‘status and position of women’.
Even the details of these paragraphs were hardly different from each other. This made it look like as if history (and thereby society, polity, economy and all culture) belonged to men while women were only a small static unit to be mentioned separately. Of course, there were some exceptions, but these were however rare. This practice is being corrected now and the roles and presence of women are being read into all parts of historical questions.
SOURCES FOR UNDERSTANDING GENDER HISTORY
Sources are the bases of history writing. From simple pre-historic tools to abstruse texts, everything can be utilized to understand life and roles of women in history. The presence as well as the absence of women from sources needs to be duly noticed, deliberated and argued upon and only then to be theorised upon.
Certain objects being directly related to the lives of women or depicting the ideas of the female principle are of central importance. These include but are not limited to female figurines, art objects, texts attributed to or authored or compiled by women, monuments created by or for women, various objects relating to their lifestyle, objects associated with women on account of their cultural roles and so on.
It has been rightly pointed out by Uma Chakravarti that much of the gender history written in early phase was a ‘partial view from above’. This referred to the utilization of select textual sources and focused only on relational identity of women. There were, however, a few exceptions.
GENDER HISTORIOGRAPHY
Amongst the many narratives propagated to denigrate Indian civilization and culture by the British colonial rulers, the condition of Indian women became a point of central reference. Various social evils that made the life of women miserable were pointed out and efforts were also made to introduce ‘reforms.’ Sati, child-marriages, imposed widowhood, polygamy, dowry, educational and economic inequality, purdah (ghoonghat) and many other practices prevailed during the colonial period that made the life of women difficult and pitiable.
Some practices affected women of higher social and economic households while others led to misery for poorer women. Many social reform movements were started in the 19th century to address these issues and contributions were made by Indian reformers as well as British officials and other Europeans.
Women in India came to be treated as a homogeneous category and over generalisation became the norm. While many communities in India practised widow remarriage and did not practise (much less forced) sati and while some practised divorces or separation, the image of the Indian woman who had been subjugated as woman, wife and widow became a dominant theme in history writing.
Secondly, a western vision was placed over the non-western societies and hence interpretations were far removed from the context. For example, notion of stridhan was equated with dowry and little regard was paid to the provisions regarding its use and ownership by women.
The huge social stigma that came along with the selling of jewellery of the household (one of the main components of stridhan) was paid no attention to. Similarly, penal provisions listed by ancient texts for misappropriation of women’s property were not even looked into.
During the Paleolithic age, hunting and gathering was norm. However much importance was given to Hunting than gathering in all literature of history. Studies, however, show that hunted prey formed only 35% of the diet while gathering fruits and other edible material supplied the major portion. Gathering of food resources was ordinarily done by women. Since gathering was an important activity, more than hunting for game, it could point to significant role playing by women.
The gendered understanding of Harappan civilization is being built upon and various archaeological remains have been studied in this respect. The female figurines, idols of pregnant women, the statue of the ‘dancing girl’, various pieces of jewellery and personal belongings that have been discovered at various sites and offer useful insights on the public and private lives of women and men.
The statue of a girl obtained from Mohanjodaro has been called a ‘dancing girl’ on grounds of familiarity with the institution of devadasis in the later times. Such backward looking explanations are problematic.
There is a wide variety of terracotta female figurines that have been found at different sites right from the pre-Harappan times. Women figures are found suckling a baby, holding utensils, kneading dough, nursing infants, carrying objects like drums, seated figures for board games, with steatopygia (fat deposition on the hips and elsewhere), with floral head-dresses and in many other forms.
Even figurines of pregnant women are quite common. However, most of these have been uncritically associated with fertility, religiosity and reproductive ideas, and have been passed off as representations of the Mother Goddesses. While some of them were votive objects, others are held to be toys or other utilities. The focus on female form has been so stereotypical that women have been seen as associated only with home, hearth, fertility, sexuality and divinity. So much so that sometimes even male figurines in assumed womanly roles were classified as female figurines.
POSITION OF WOMEN IN EARLY INDIA
The first literary tradition in the Indian subcontinent (and the oldest in the world) is that of the Vedic corpus. From the four Samhitas to the Upanishads, we find many interesting references to women in various roles. Some of these women have left their mark on the cultural heritage to this day and are remembered in various ritual and social contexts. Their names, stories, some highly revered hymns, and other interesting facets are mentioned in the Vedic corpus.
The Vedic literature has been classified as Early Vedic and Later Vedic. The Rigvedic society and polity seems to be teeming with life and agro-pastoral economy was enmeshed in close kinship ties. Women as well as men participated in society, economy and polity. Some of the most revered hymns including the gayatri mantra are ascribed to women.
Various natural phenomena are depicted as Goddesses and they are offered prayers. While quantitative analysis highlights the predominance of Indra, Agni, Varuna and other male gods, the power and stature of the goddesses is equally well established.
Women participated in all three Vedic socio-political assemblies viz. Sabha, Samiti and Vidhata. They had access to education and were even engaged in knowledge creation. They could choose to be brahmavadinis with or without matrimony.
Hence, there is no reason to believe that they were only confined to home and hearth. T. S. Rukmani attempts to understand if women had agency in early India. Her work has highlighted many interesting details. The author acknowledges the fact that though the patriarchal set up put women at a loss, there were instances where women found space to exercise their agency.
She points out that though the texts like the Kalpasutras (Srautasutras, Dharmasutras and Grhasutras) revolved around the ideology of Dharma and there was not much space to express alternative ideas, still these works also find some leeway to express ideas reflecting changed conditions.
For example, there is a statement in the Apastamba Dharmasutra that one should follow what women say in the funeral samskaras. Stephanie Jamison believes that in hospitality and exchange relations, women played an important role. She says that the approval of the wife was important in the successful completion of the soma sacrifice. In another study it has been shown that women enjoyed agency in deciding what was given in a sacrifice, bhiksha to a sanyasin. The men had no authority in telling her what to do in these circumstances.
Vedic society was the one which valued marriage immensely. In such contexts, Gender Perspectives if a woman chose not to marry, then it would point to her exercising choice in her decision to go against the grain and remain unmarried.
Mention may be made of Gargi. She was a composer of hymns and has been called a brahmavadini. This term applies to a woman who was a composer of hymns and chose to remain unmarried, devoting herself to the pursuit of learning.
Similarly, in the case of Maitreyi, she consciously opts to be educated in the Upanishadic lore and Yajnavalkya does not dissuade her from exercising her choice.
The statement in the Rigveda that learned daughters should marry learned bridegrooms indicates that women had a say in marriage. Though male offspring is desired, there is a mantra in the Rigveda, recitation of which ensures the birth of a learned daughter.
Altekar refers to the yajnas like seethayagna, rudrayajna etc. that were to be performed exclusively by women. Some of the women were known for their exceptional calibre, for example, from the Rigveda Samhita we find mention of women like Apala, Ghosha, Lopamudra, Gargi, Maitreyi, Shachi, Vishwavara Atri, Sulabha and others.
Women have not only been praised as independent individuals but also with reference to their contributions towards their natal or marital families.
The Later Vedic literature shows the progression towards a State society with a change in the organization of the society and polity. The chief comes to be referred to as bhupati instead of gopati. However, within the twelve important positions (ratnis) mentioned, the chief queen retains a special position under the title mahisi.
The importance of the chief queen continued as gleaned from several references to them in the Epics, Arthashastra and even in coins and epigraphs from early historical times.
The other Samhitas also refer to women sages such as Rishikas. The wife is referred to as sahadharmini. Brahmanas or the texts dealing with the performance of the yajna (Vedic ritual), requires a man to be accompanied by his wife to be able to carry out rituals.
For example, Aitareya Brahmana looks upon the wife as essential to spiritual wholesomeness of the husband. However, there is a mention of some problematic institutions as well.
Uma Chakravarti has pointed towards the condition of Vedic Dasis (female servant/slave) who are referred to in numerous instances. They were the objects of dana (donation/gift) and dakshina (fee).
It is generally believed that from the post Vedic period the condition of the women steadily deteriorated. However, Panini’s Ashtadhyayi and subsequent grammatical literature speak highly of women acharyas and Upadhyayas.
Thus, the memory and practice of a brahmavadini continued even after the Vedic period. The Ramayana, Mahabharata and even the Puranas keep the memory of brhamavadini alive.
Mention may be made of Anasuya, Kunti, Damyanti, Draupadi, Gandhari, Rukmini who continued to fire the imagination of the poets. Texts show that the daughter of Kuni-garga refused marriage because she did not find anyone worthy of her.
The Epics also mention women whose opinions were sought in major events. For example, after the thirteen years of exile, while debating upon the future course of action regarding the restoration of their share, the Pandavas along with Krshna asks Draupadi for her views. Similarly, when Krishna goes to the Kaurava’s court to plead the case of Pandavas, Gandhari is called upon to persuade her sons to listen to reason.
Since a woman taking sanyasa was an act of transgression, one can explore women’s agency through such instances. In the Ramayana, Sabari, who was the disciple of Sage Matanga, and whose hermitage was on the banks of river Pampa was one such sanyasin.
Such women find mention in Smriti literature and Arthashashtra. Kautilya’s prohibition against initiating women into Sanyasa can make sense only if women were being initiated into sanyasa. He advises the king to employ female parivrajakas as spies.
Megasthenes mentions women who accompanied their husbands to the forest, probably referring to the Vanaprastha stage. Another category of literature called Shastras that comprises of sutras (aphorisms) and the smriti texts (‘that which is remembered’) becomes important in the postVedic period.
These textual traditions cover many subjects relating to the four kinds of pursuits of life referred to as purusharthas (namely dharma, karma, kama and moksha). In all these texts we find very liberal values and freedom for both women and men.
The setting up of a household is seen as an ideal for men as well as women (though asceticism for learning is equally praised for both). For example, Apastambha Sutra opines that rituals carried out by an unmarried man do not please the devatas (divinities). Similarly, Manusmriti provides that ‘for three years shall a girl wait after the onset of her puberty; after that time, she may find for herself a husband of equal status. If a woman who has not been given in marriage finds a husband on her own, she does not incur any sin, and neither does the man she finds’
Thus, we see that women enjoyed choice in matters of matrimony. It is interesting to note that unmarried daughters were to be provided for by the father. In fact, daughter is stated to be the object of utmost affection. Should a girl lose her parents, her economic interests were well looked after. It was provided that from their shares, ‘the brothers shall give individually to the unmarried girls, one-quarter from the share of each. Those unwilling to give will become outcastes’
With regards to defining contemporary attitude towards women, Apastambha Sutra prescribed that ‘All must make a way for a woman when she is treading a path.’ Later Dharmashastra also makes similar statements.
Yagnavalkyasmriti mentions that ‘women are the embodiment of all divine virtues on earth.’ However, there are several provisions that look problematic.
On one hand, we have reverence assigned to the feminine (divine and worldly) and important roles being played by them, on the other hand we have questionable provisions and descriptions like right to chastise them through beating or discarding.
The post-Vedic phase from 6th century BCE onwards is also rich in literary traditions with ample depictions of women. Interestingly, we have an entire body of literature that is ascribed totally to women who became Buddhist nuns. These are referred to as Therigathas i.e. the Songs of the Elder Bhikkhunis (Buddhist Women who joined the Sangha).
The Arthashastra Gender Perspectives gives us information on women who were engaged in economic activities of various kinds. They formed a part of both the skilled and the unskilled workforce. They were into professional as well as non-professional employment.
Some of their vocations were related to their gender, while the others were not. There were female state employees as well as independent working women. Similarly, some of them were engaged in activities which though not dependent on their biological constitution are nonetheless categorized as women’s domain, e.g. domestic services etc. Some of them were actual state employees, while some others were in contractual relations with the State. For example, we have female bodyguards and spies in the State employment.
Jaiswal suggests that these women perhaps came from Bhila or Kirata tribe. Female spies were not only to gather information and relay it to proper source, but also to carry out assassinations. However, a closer look at the text shows that there were different classes of female spies engaged for different purposes. Amongst others ‘women skilled in arts were to be employed as spies living inside their houses’. Others were required to work as assassins. Some were to the play the roles of young and beautiful widows to tempt the lust of greedy enemy.
We also have various Buddhist and Jaina traditions giving us some glimpses of the ideas and institutions of the times. Apart from the orthodox (Vedic and Brahmanic) and heterodox normative tradition we have many popular texts like the Epics in Sanskrit and Jatakas in Pali.
Even Prakrit language has many interesting narratives and poetic texts. The Therigatha by the Buddhist nuns are an interesting literary source that provides us with a glimpse of various women who attained arhantship or similar other stages of Realisation.
The deliberation on the age and deterioration of the body by Ambapali, the non-importance of sensual or bodily pleasures by Nanda, Vimla and Shubha etc points towards the intellectual and spiritual engagements and attainments of women.
It is interesting to note that an absolutely contrary picture is presented by the Jatakas wherein more often than not, women are depicted as evil. It is important to note that women were given an evil aura mostly in their roles as wives or beloveds.
Both the texts and the archaeological remains have been studied by various scholars and opposing interpretations are not rare. For example, on one side Sita (from Ramayana) and Draupadi (from Mahabharata) have been seen as victims of the patriarchal order; on the other hand, they are also represented as selfwilled women.
Draupadi after the game of dice presents herself as a forceful and articulate woman. It’s her wit that saves her husbands from becoming slaves of the Kauravas. Her incensed outrage at the attack on her modesty, her bitter lamentations to Krishna, her furious tirade against Yudhishthira for his seeming inability to defend her honour and many more such instances show her to be an aggressive woman. This persona is juxtaposed to her representations as an ideal wife elsewhere. However, Draupadi is never idealised as a perfect wife who endures the most severe trials without complaint. This honour is reserved for Sita in the Ramayana. She is also presented as a victim like Draupadi and voices her concern at her fate openly. However, her aggression is directed inwards as indicated by her action against the self which culminate in her union with the mother Earth.
Are the limited number of hymns ascribed to the Vedic women a signifier of their general status? Are the goddesses merely representational with no connection to the ideas and behaviour towards women? Did only princesses choose their spouses? Are the warrior women an exception? Such searching questions need to be addressed with due diligence.
While women studies are a good development there is a need to expand the horizons to include other varieties of human existence. We have narratives of fluid sexuality in various texts. The one year of Arjuna’s life spent as Brihallana and rebirth of Amba as Shikhandi are some interesting instances. The artefacts found at the site of Sheri Khan Tarakai include visibly hermaphroditic figurines. There is a need to understand the notions of the feminine, masculine, neuter, and other forms of gender and sexual identities. These will have ramifications for understanding the ideas of conjugality, family, community, society and even polity and spirituality.
CONCLUSION
Human civilisations were built by men as well as women, however, history writing has a huge male-bias. Women were confined to questions of status and position that were largely evaluated in terms of their roles in the domestic sphere.
Their treatment as wives and widows became a central focus of most research alongside their place in ritual or religious context. This made them peripheral to mainstream history. This was questioned by various scholars from time to time and led to the development of gendered understanding of history. Focusing attention on women’s history helps to rectify the method which sees women as a monolithic homogeneous category. Writing gender history has helped in building an image of the past that is wholesome and nuanced.