Conflict, Governance and Development

CORE POLICY BRIEF 07 2013 VisitingAddress: Hausmanns gate 7 BoxPO 9229Grønland, NO PeaceResearch Institute Oslo(PRIO) Conflict, Governance and Development

0134 Oslo,Norway

Issues of Social Justice and Participation in Jharkhand and Bihar, India

This policy brief examines the premises behind various governance ini-

[email protected] www.projectcore.eu Europeand India (CORE) Culturesof Governance and ConflictResolution in tiatives implemented in the region of Bihar and Jharkhand to address the armed struggle that has emerged between the state and the ‘Naxals’ or ‘left-wing extremists’ as a result of feelings of social and economic

injustice among the poor and oppressed sections of society.1 In so do-

ing, it delineates three major concerns of these initiatives, related to: (1) security and policing, (2) the needs of democratic development, and (3) the politics of social justice. Across these concerns, the governance initiatives are underwritten by a logic of participation, according to which

increasing the level of popular participation in the implementation of

ISBN: ISBN: www.prio.no governance initiatives promises to provide mechanisms for addressing

978 978 the agrarian social conflict over fair distribution of resources, rights

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- - A brief look at the various actors and institutions involved in the prac-

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(online) (print) tice of these governance initiatives is necessary if we are to address the

central questions posed by the CORE project, which relate to:2 (1) the underlying rationalities of governance initiatives across the three the- matics outlined above, (2) the character of the social interactions gener- ated by the governance initiatives, and (3) the impact of those social interactions on the process and dynamics of the conflict. Imran Amin Jawaharlal Nehru University Amit Prakash Jawaharlal Nehru University

Premises of the Naxal challenge and having serious ‘political, social, economic, and time-bound manner.20 security’ dimensions that required an appro- policy responses The state’s perception of the ‘Naxal’ threat is priate policy response.14 By the time of its based on the premise that the conflict is root- For a long time, the ‘Naxal problem’ was third year in power, and with a new Home ed in the ‘grievances’ of the deprived and the viewed merely as a question of ‘law and or- Minister in office, the UPA government con- marginalized in terms of their access to the der’, and thus came under the responsibility ceded that what had fostered the social and fruits of development, and that these griev- of individual states according to the division political space in which the Naxals could ances emanate from ‘poor governance’ at the of functions and powers set out in India’s operate was a ‘vacuum created by [the] func- grassroots level. However, even within this constitution.3 As a result, in the past, Indian tional inadequacy of administrative and politi- perception, the key issue that is seen as being authorities responded to the problem in a cal institutions’ and the ‘prevalent disaffection necessary for the state to address continues to rather ad hoc fashion, the default response and perceived injustice’ of the ‘under- be the erosion of the latter’s monopoly over being mobilization of the armed apparatuses privileged and remote segments of popula- the use of violence, while restoration of this of the state to uphold ‘law and order’.4 How- tion’.15 It also blamed the Naxals for prevent- monopoly is seen as being fundamental for ever, as overt violence began to take hold, ing the ‘execution and implementation of everything else that is to follow in terms of the welfare policies such as protective discrimina- development projects’; for using violence and development package. Accordingly, before tion through reservation5 (which had previ- terror to create an environment in which ‘the examining the impact of the government’s ously been confined to Schedule Castes and governance structures at field levels are initiatives on the processes of the conflict, a Schedule Tribes, but was extended to Other shown as being ineffective’;16 and for quick overview of policy initiatives across the Backward Castes in 1992),6 the Tribal Sub- ‘keep[ing] the remote and backward areas in a thematic of security, development and social plan, Joint Forest Management,7 and the state of inaccessibility and deprivation’.17 justice will be useful. garibi hatao (poverty reduction) policies based Thus, over the past decade, the Indian gov- on the 20-point welfare programme8 were ernment’s perception evolved from a simplis- The main response of the state has been to initiated to improve the condition of the ‘op- tic understanding of Naxalism as a security initiate a range of security-related measures, pressed exploited classes’.9 Such policies, threat into a relatively more nuanced under- through various schemes dealing with securi- however, form part of the Indian state’s larger standing according to which the roots of the ty-related expenditure, modernization of the ‘development’ programming, and there has problem were located in the larger issues of police forces, specialized training schools for been no ‘sustained administrative and devel- the functional inadequacy of the governance security personnel and the raising of new opment action’10 to address the Naxal conflict, and security apparatus of the state at the Indian Reserve battalions. While the first two as no government report has looked into the grassroots level. This move, in which Nax- initiatives aimed at improving the infrastruc- causes of this discontent11 since the late 1980s alism went from being a ‘threat to the state’ to ture and materials available for anti-Naxal owing to the absence of overt Naxal violence being seen as being embedded in the ‘failures operations, the third provided for specialized in this period. With the extension of the reser- or limits of the state’ itself, represented a training to security personnel in irregular vation policy to the Other Backward Castes, substantial shift in focus. warfare, such as guerrilla warfare, jungle decentralization of power through the estab- combat, etc. For its part, the last of these But, policy responses were not commensurate lishment of Panchayati Raj Institutions, and initiatives was intended ‘to not only supple- with this evolutionary shift in perception. privatization of the economy amid the fragile ment the security apparatus in the States but Governance initiatives continued to be domi- coalitional governments of the 1990s,12 the also provide gainful employment to the youth’ nated by a militaristic, security-based ap- dormant Naxal groups re-emerged and consol- in the Naxal-affected areas.21 In addition, proach, with political and developmental- idated to expand from 55 to 209 districts guidelines for a surrender-cum-rehabilitation delivery measures being the default follow-up across 16 states to become the single largest policy that forms part of the disarmament, procedures. Thus, what started out under the threat to India’s internal security. demobilization and reintegration process for NDA as a modernized and better-trained left-wing extremists were put in place. In this metamorphosed form, the problem of police force carrying out ‘intelligence-based Measures included a monthly stipend of Rs. Naxalism was highlighted by the then ruling coordinated anti-Naxal operations’ and provid- 2,000 for a period three years, vocational train- National Democratic Alliance (NDA) during ing support for ‘local resistance groups at the ing, an immediate grant of 1.5 lakhs and the general election year of 2004. As part of its grass root level’, with a focus on ‘developmen- incentives for the surrender of weapons.22 ‘India Shining’ campaign, the NDA argued tal aspects and public grievance redressal as that ‘increasing incidents of attacks on state additional measures’,18 continues under the To ‘ensure integrated development of Naxal- and private property ... [and] police casualties’ UPA as ‘sustained and effective police action affected districts’,23 the Indian government showed that Naxalism was ‘a serious threat to coupled with accelerated socio-economic proposes to prioritize filling the gaps in exist- internal security in the country ... [and] a development and management of public ing social and physical infrastructure. Accord- matter of grave concern’.13 However, after the perception’.19 The UPA declared that it would ingly, schemes such as the Backward Districts United Progressive Alliance (UPA) came to examine ‘development and governance issues’ Initiative component of the Rashtriya Sam power in 2004 on a populist platform, Nax- in a detailed manner through its short-term Vikas Yojana (National Equitable Develop- alism was no longer seen as ‘merely a law and focus on basic needs and its medium- and ment Programme), the Backward Region order problem’, and was instead viewed as long-term focus on ‘overall development’ in a Grant fund and the Integrated Action Plan

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have been put forth. In addition, the Indira is deemed necessary for the success of the policing at the grassroots level, as the state Awaas Yojana (Indira Housing Programme), developmental policies, as well as for the continues to depend on central paramilitary the Pradhan Mantri Gram Sadak Yojana creation of socially just access to the fruits of forces for policing activities. Further, efforts to (Prime Minister’s Rural Roads Programme) development. In this context, the Panchayati improve the interactions between the local and the Rajiv Gandhi Grameen Vidyutikaran Raj Institutions are seen as the key mecha- police forces and the general population have Yojana (Rajiv Gandhi Village Electrification nism for ensuring parity of participation been limited and have primarily turned on the Programme) have targeted rural housing, among members of the local population in distribution of items such as blankets and road connectivity and electrification, respec- collective decision and actions. umbrellas, involving little change to the inter- tively. Further, social welfare schemes and actions involved in more traditional policing measures related to health, education and Impact of policy initiatives procedures. The prioritization and excessive employment were instituted in the forms of focus on the elimination of violence does not The underlying logic of the various policy Integrated Child Development Services, the adequately take into account the role of threat initiatives that cut across the three themes of National Rural Health Mission, the Sarva in the Naxal conflict. Indeed, it is the credible security, development and social justice Siksha Abhiyaan programme (Universal Edu- threat of violence, rather than violence itself, seems to be one of ‘participation’. This ‘gov- cation Campaign), the midday meals scheme, that permits the unhindered operation of the ernmentality of participation’ is not just a a right to education and the Mahatma Gandhi ‘levy economy’ and the ‘protection market’, means of organizing institutions of collective National Rural Employment Guarantee Act of seriously crippling prospects for equity in decisionmaking and actions, but also a mech- 2005. To ensure effective governance, the terms of access to the fruits of development. anism for justifying and legitimizing them as Planning Commission monitors the imple- Efforts to address concerns related to the socially just. In the Indian case, policy initia- mentation of these flagship programmes effectiveness of policing need to be based on tives directed towards the Naxal-affected areas through a web-based management infor- popular support, as policing is not about have seen a shift towards a logic of participa- mation system in the 35 focus districts.24 military control of the territory but about tion, with an emphasis on anchoring policies consensual control of the population. To Given the high concentration of Naxals in of social justice within local bodies – in other achieve this, policing has to be embedded forested tribal areas, the government passed words, the PRIs. within people’s perceptions of insecurity, the Scheduled Tribes and Other Traditional The impact of this rationality of participation rather than those of the state. Forest Dwellers (Recognition of Forest Rights) is dependent on the processes of interaction Act of 2006 to provide a framework for record- In terms of developmental concerns, the PRIs across a network of multiple actors at multiple ing forest rights. In the process of making were intended to provide a key foundation for levels. Evidence from the field shows there is governance initiatives more ‘people-centric’ local governance, making processes of collec- tremendous variation in terms of how and to and more participatory, the reservation policy tive action and decisionmaking more partici- what degree policies are implemented at the of ‘protective discrimination’ and the creation patory. However, the state bureaucracy (which local level, especially in relation to autono- of a three-tier system of elected Panchayati Raj is technocratic and non-participatory) contin- my.25Accordingly, the functioning of the PRIs Institutions (PRIs) through the 73rd and 74th ues to dominate local governance by exces- becomes of utmost importance for evaluating Amendments to the Indian constitution are sively stressing on procedures for implement- the impact of these policy initiatives on the considered of immense value. The PRIs are ing welfare policies. The only real power that conflict processes, and reflects upon the con- viewed both as a mechanism of local partici- has been devolved to these local institutions ditions necessary for effective conflict govern- patory governance and as a tool for a coherent (PRIs) allows them simply to choose between ance. and effective public policy process. PRIs were lists of projects and beneficiaries for various seen as having an important bearing for In the realm of security concerns, the roles of governance initiatives. This has seriously grievance redressal and socially just access to both local police stations and the PRIs – par- limited the depth of participation in collective the fruits of development. ticularly their judicial wings – are crucial for action and decisionmaking. In addition, the dispute resolution at the early stages of a goals of the development programmes initiat- The wide gamut of policy initiatives enumer- conflict between individuals from different ed by the state to overcome the challenges of ated above addresses the three thematic areas castes and communities over the usage and socio-economic injustice continue to be out- of security, development and social justice in ownership of resources such as land, etc.26 put-driven in terms of numbers of beneficiar- conflict-affected areas of mainland India. However, decisions of Panchayats may not ies, rather than process-driven in terms of Security-related initiatives attempt to incorpo- always find support of the local police, which level and quality of participation. rate the concerned population into an ‘infor- undermines their effectiveness. Most of the mation network’ that permits effective anti- Further, the use of violent and coercive means security-related modernization schemes that Naxal operations. In addition, the promotion of accumulation by local elites through ram- have been initiated by the state to tackle the of employment opportunities within the gov- pant corruption, and by the Naxals through a Naxal problem involve improvements in the ernment security apparatus to counter oppor- levy economy, further limits the efficiency of buildings and equipment (i.e. weapons and tunities offered by the Naxal outfits is yet the developmental resources being poured vehicles) available to local security personnel. another means for diverting the target popula- into these areas. The use or threat of violence tion away from Naxal organizations. At the However, this has not translated into better has played a crucial role as a factor that the same time, the participation of the population authorities can point to in order to justify the

lack of accountability in developmental pro- processes, mediated by various public policy jects for social and physical infrastructure, as initiatives, which are focused on concerns of 8 Prasad, ‘Agrarian unrest’, 933–937; Arvind N. Das well as social welfare schemes.27 both security and social justice. However, the (1986) ‘Landowners’ armies take over “law and order”’, limited popular participation in these initia- Economic and Political Weekly 21: 17–18; Chaitanya, ‘Social While the establishment of the PRIs has given tives renders them disembedded in the local justice’, 2612; Prakash, Jharkhand, 198–205. rise to hopes that they may function as effec- 9 Prasad, ‘Agrarian unrest’, 933–937; Das, ‘Landowner context. The PRIs thus emerge as a key ele- tive forums for collective decisionmaking and armies’, 17–18; D.N. (1988) ‘Problem of unity in the ment for any attempts to ameliorate issues of agrarian struggle: Case of Bihar’, Economic and Political action, the extent to which they have actually under-/un-development, corruption, and Weekly 23(19): 941–943; Chaitanya, ‘Social justice’, 2612. contributed to social justice in their short 10 socio-economic injustice, besides addressing Planning Commission (2008) Development Challenges in lifetime28 remains highly contested and de- Extremist Affected Areas (New Delhi: Government of the roots of the Naxal problem as long as they bated. Given the limited devolution of power India, 2). are granted commensurate funds, functions 11 See previous note. to these lowest levels of the democratic insti- and functionaries. Failure to make any such 12 The decade of the 1990s saw as many as seven differ- tutional structure, the degree and depth of transfer is likely to become the Achilles heel ent prime ministerial tenures in India. participation engendered by PRIs, the primary 13 Ministry of Home Affairs, Annual Report 2003–04, 40. of the state apparatus in any attempt to ad- 14 mechanisms of local governance, remains Ministry of Home Affairs, Annual Report 2003–04, 39. dress the Naxal conflict in the two states. 15 Ministry of Home Affairs, Annual Report 2006–07, 24; limited even in Bihar, where the institution Annual Report 2007–08, 18; Annual Report 2008–09, 15; has had a decade-long history. On the other Annual Report 2010–11, 20. hand, On the other hand, the reservation 16 Ministry of Home Affairs, Annual Report 2007–08, 19; policies were used to increase representation Notes Annual Report 2008–09, 16; Annual Report 2010–11, 21. 17 Ministry of Home Affairs, Annual Report 2008–09, 16; of marginalised communities in decision- 1 ‘Naxal’ is a popular term used to refer to Maoist Annual Report 2010–11, 21. making and also, for expanding access to insurgent and left-wing extremist groups who draw their 18 Ministry of Home Affairs, Annual Report 2003–04, 41. benefits of developmental programmes as inspiration from the radical left-wing-led agrarian uprising 19 Ministry of Home Affairs, Annual Report 2007–08, 19; Annual Report 2008–09, 16; Annual Report 2010–11, 21. beneficiaries. While it has been widely accept- of the late 1960s that started in the village of Naxalbari, West Bengal. 20 Ministry of Home Affairs, Annual Report 2007–08, 19; ed that certain castes and communities are 2 CORE project Report B, 11. Annual Report 2008–09, 16; Annual Report 2010–11, 21. marginalized and deprived, women from 3 Under Part XI of the Constitution of India, legislative 21 Ministry of Home Affairs, Annual Report 2005–06, 27; these groups are increasingly being recog- powers are divided into three lists: the Union List, the Annual Report 2006–07, 26; Annual Report 2010–11, 27. 22 Ministry of Home Affairs, Annual Report 2010–11, 31. nized as constituting a ‘doubly deprived’ States List and the Concurrent List. Since the ‘Naxal problem’ is considered a law and order issue, it was seen 23 Ministry of Home Affairs, Annual Report 2003–04, 44. population. Reservation of seats for women in to fall under the responsibility of individual states. 24 Ministry of Home Affairs, Annual Report 2010–11, 28– the PRIs has facilitated their emergence in the 4 Pradhan H. Prasad (1975) ‘Agrarian unrest and econom- 30. public arena. Such a policy has brought signif- ic change in rural Bihar: Three case studies’, Economic and 25 Personal interview, Gaya, 10 November 2011. Political Weekly 10: 933–937; Krishna Chaitanya (1991) 26 Personal interviews in Hazaribag district, Jharkhand, 3 icant changes, despite its limited scope, espe- ‘Social justice, Bihar style’, Economic and Political Weekly November and 6 November 2011; in Gaya district, Bihar, cially in terms of the empowerment of wom- 26: 2612; Susana B. C. Devalle (1992) Discourses of on 8 November and 10 November 2011; in Lohardaga en. There is however a marked difference Ethnicity: Culture and Protest in Jharkhand (New Delhi: district, Jharkhand, 12 November 2011; in Ranchi district, across tribal and non-tribal areas in terms of Sage, 193–227). Jharkhand, 12 November 2011; and in Chatra district, 5 Reservation is a policy through which a specified num- Jharkhand, 17 November 2011. the effectiveness and parity of participation. ber of seats in educational institutions, government jobs, 27 Ibid. Moreover, reservation schemes have allowed state legislatures, parliament and local bodies are re- 28 Although the constitutional amendment to establish for various procedural bottlenecks and created served for under-represented and marginalized sections the PRIs came into operation in 1993 in India, for a variety of reasons the first elections in Jharkhand did not scope for corruption, especially in terms of ad of society and are also mechanisms for prioritising access to developmental programmes. take place until 2011. Hence the reference to the ‘short hoc alterations to lists of beneficiaries. The 6 Arvind Sinha (1996) ‘Social mobilisation in Bihar: Bu- lifetime’ of PRIs in Jharkhand. use of violence and coercion in economic reaucratic feudalism and distributive justice’, Economic 29 Ibid. pursuits further limits transparency and the and Political Weekly 31: 3289. 7 accountability of the redistributive process.29 Joint Forest Management is a partnership scheme in forest management initiated in India in the late 1980s to

The Naxal conflict in Bihar and Jharkhand is enhance local participation. See Amit Prakash (2001) Jharkhand: Politics of Development and Identity (New Delhi: inextricably linked to extant sociocultural Orient Longman, 198–205).

THE AUTHORS THE PROJECT

Amit Prakash is Professor at the Centre for This policy brief is a product of the 7th the Study of Law and Governance, Jawaharlal Framework Programme project ‘Cultures of

Nehru University. Email: [email protected]. Governance and Conflict Resolution in Eu- rope and India’, which seeks to analyse the Imran Amin is doctoral candidate at the Cen- premises and operation of governance initia-

tre for the Study of Law and Governance, tives in conflict transformation processes Jawaharlal Nehru University. Email: imrana- through a combination of fieldwork, qualita- [email protected] This Project is funded by the European Union under the 7th Framework Programme tive analysis and theory development.

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