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Gautam Bhan - In the Publics Interest: Evictions, Citizenship, and Inequality in Contemporary Delhi

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    In the Publics Interest: Evictions, Citizenship, and Inequality in Contemporary Delhi
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This book studies the recent legacy of basti evictions in Delhi--mass clearings of some of the citys poorest neighborhoods--as a way to understand how the urban poor are disenfranchised in the name of public interest and, in the case of Delhi, by the very courts meant to empower and protect them. Studying bastes, says Gautam Bhan, provokes six clear lines of inquiry applicable to studies of urbanism across the global south.The first is the long-standing debate over urban informality and illegality: the debates impact on conceptions and practices of urban planning, the production of space, and the regulation of value. The second is a set of debates on good governance, read through their intersections with ideas of planned development within rapidly transforming cities. The third is the political field of urban citizenship and the possibilities of substantive rights and belonging in the city. The fourth is resistance and the ability of a citys subaltern residents to struggle against exclusion. The two remaining inquiries both cut across and unify the first four. One of these is the role of the judiciary and the relationships between law and urbanism in cities of the global south. The other is the relationship between democracy and inequality in the city.What emerges about Delhi in particular are a set of new modes for the reproduction of inequality. When rights are lost, citizenship is unequal and differentiated, the promise of development is refused, and poverty and inequality are reproduced and deepened. The task at hand, says Bhan, is not just to explain evictions but also to listen to what they are telling us about the city that is as well as the city that can be.

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IN THE PUBLICS INTEREST
Geographies of Justice and Social Transformation
SERIES EDITORS
Nik Heynen, University of Georgia
Mathew Coleman, Ohio State University
Sapana Doshi, University of Arizona
ADVISORY BOARD
Deborah Cowen, University of Toronto
Zeynep Gambetti, Bogzii University
Geoff Mann, Simon Fraser University
James McCarthy, Clark University
Beverly Mullings, Queens University
Harvey Neo, National University of Singapore
Geraldine Pratt, University of British Columbia
Ananya Roy, University of California, Berkeley
Michael Watts, University of California, Berkeley
Ruth Wilson Gilmore, CUNY Graduate Center
Jamie Winders, Syracuse University
Melissa W. Wright, Pennsylvania State University
Brenda S. A. Yeoh, National University of Singapore
IN THE PUBLICS INTEREST
Evictions, Citizenship, and Inequality in Contemporary Delhi
GAUTAM BHAN
Published by the University of Georgia Press Athens Georgia 30602 - photo 1
Published by the University of Georgia Press
Athens, Georgia 30602
www.ugapress.org
2016 by Gautam Bhan
All rights reserved
Most University of Georgia Press titles are available from popular e- book vendors.
Printed digitally
Library of Congress Control Number: 2016946700
ISBN: 9780820350097 (hardcover: alk. paper)
ISBN: 9780820350103 (paperback: alk. paper)
ISBN: 9780820350080 (ebook)
A version of this text for distribution in India and South Asia was published by Orient BlackSwan.
For Delhi, For Dilli.
In absentia for Priya Thangarajah You are yearned for still Tables - photo 2
In absentia, for Priya Thangarajah.
You are yearned for, still.
Tables, Figures and Maps
Tables
Figures
Maps
Publishers Acknowledgements
For permission to reproduce copyright material in this volume, the publisher wishes to make the following acknowledgements.
State Bank of India for permission to use images from its advertisement campaigns, appearing as Welcome to a Cashless World in this book.
Bennett, Coleman & Co. Ltd. for permission to use a creative of a building of The Times of India used in the Times Chalo Dilli campaign, appearing as
Abbreviations
AAPAam Aadmi Party
AIRAll India Reporter
ASUSAmbedkar Slum Utthan Sangathan
BJPBharatiya Janata Party
CPICommunist Party of India
CWPCivil Writ Petition
DDADelhi Development Authority
DLTDelhi Law Times
DSSDelhi Shramik Sangathan
EWSEconomically Weaker Sections
FICCIFederation of Indian Chambers of Commerce and Industry
HICHabitat International Coalition
HIGHigh Income Group
HPECHigh Powered Expert Committee (on Urban Infrastructure)
HLRNHousing and Land Rights Network
HRLNHuman Rights Law Network
ITRIntent to Reside
JNNURMJawahar Lal Nehru National Urban Renewal Mission
LIGLow Income Group
MISAMaintenance of Internal Security Act
MCDMunicipal Corporation of Delhi
MIGMiddle Income Group
MPDMaster Plan of Delhi
NAPMNational Alliance of Peoples Movements
NASSCOMNational Association of Software and Services Companies
NSSONational Sample Survey Organisation
NULMNational Urban Livelihoods Mission
NUSPNational Urban Sanitation Policy
PUDRPeoples Union for Democratic Rights
PILPublic Interest Litigation
PUCL-KPeoples Union for Civil Liberties, Karnataka
RAYRajiv Awas Yojana
RTIRight to Information
RWAResident Welfare Association
SCCSupreme Court Cases
SFSSelf-Financing Scheme
SPARCSociety for the Promotion of Area Resource Centers
SBIState Bank of India
UNESCOUnited Nations Educational, Scientific and Cultural Organization
ZEISZone of Special Social Importance
IN THE PUBLICS INTEREST
Introduction
How did we get here?
Rafiya Khanum sticks in your mind. Of slight build and boundless energy, she is endlessly on the moveher hands seem unable to stop themselves. As we talk, she cleans, stirs a pot of rice, strings another bead into a necklace she will sell to a supplier, and watches her sleeping son. From the corner of her eye, she keeps anxiously glancing upward to check the distance between my head and the ceiling fan, rightly afraid that if I stretch my hands too far upward Id meet a rotating blade. Youre too tall for this house, she says to me, laughing. But then, who isnt?
She and I are seated on the mud floor of her ten-foot-bytwelve-foot thatch, tin and mud hut in Bawana, a resettlement colony on the northwestern periphery of New Delhi. Bawana was created to house families evicted from the place Rafiya still calls homea string of basti s). Only 30 per cent of evicted households received any form of resettlement or rehabilitation. Rafiya was one of the luckier ones.
A PIL is an innovative judicial mechanism established by the Indian judiciary in the late 1970s explicitly to protect the fundamental rights of the marginalised. Its founding purpose was to enable vulnerable and marginalised citizens to access justice in the highest courts of the land through significantly eased legal procedures and rules of standing. Through PILs, the Supreme Court aimed to become, as one of its own judges argued, the last recourse for the oppressed and the bewilderedparticularly the rights to life (Article 21), equality (Article 14), anti-discrimination (Article 15) and freedom of expression (Article 19)were interpreted, expanded and enforced.
In March 2003, however, a two-judge bench of the Delhi high court told a different story. The judges lamented that the river Yamuna which is a major source of water has been polluted like never before. [The] Yamuna bed on both the sides of the river has been encroached by unscrupulous persons with the connivance of authorities. as well as the Central Governmentto remove encroachments up to 300m from both sides of River Yamuna in the first instance. No encroachment either in the form of jhuggi-jhompri clusters or in any other manner by any person or organization shall be permitted.
Unlike in previous evictions, this clearance was explicitly delinked from resettlement, i.e. the provision of an alternative dwelling or plot of land to evicted households. Under the garb of resettlement, the judges argued, encroachers are paid a premium for further encroachment. The courts ire against resettlement was part of a broader critique of urban development in Delhi per se. In previous orders in the same case, they had argued that, the whole concept of urbanized development of land in Delhi has almost collapsed as a consequence of such haphazard development and irrational policies. Any person can sit wherever he wants. Squatting on the land gives a right to get another allotment which allotment also he sells and after selling comes back on the same land. The policy itself gets defeated. While agreeing that it was the duty of the government to provide shelter for the underprivileged, the judges argued that [the governments] lack of planning and initiative cannot be replaced by an arbitrary system of providing alternative sites and land to encroachers on public land.
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