“SLUM
REDEVELOPMENT AND REHABILITATION-NATIONAL SLUM POLICY”

Name: –
SACHIN.P

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Date: 31-Jan-2018

 

Abstract: Issue
on National Slum Policy affects in implementation of Slum Redevelopment.

Key words: Improved
housing,
slum upgrading, improved public space, livelihood generation, belter basic
services and urban safety

Introduction:
National Slum Policy

India is one of the fastest developing
countries with many metropolitan cities (e.g. Mumbai, Pune, Bangalore,
Hyderabad, Delhi and Chennai). During last two decades; migration from villages
and small towns to metropolitan areas has increased tremendously in India. This
leads to the degradation of urban environmental quality and sustainable
development especially in the metropolitan cities. The problems faced by the
people living in the urban areas of India have become major concerns for the
government. Slums are considered to be the major issue within many urban areas;
particularly problems related to transportation, population, health and safety.
Considering today’s poor urban environmental quality in India, the majority of
families affected by urban development projects are located in slum areas which
are under consideration for resettlement and/ or rehabilitation. The aim of this
paper is to study and examine implementation of National Slum Policy in
development of slum areas and their living conditions, and finding out the most
critical and problematic zone of the slums.

Objectives of National Slum Policy (NSP):-

 

a)    To
integrate slum settlements and the communities residing within them into the
urban area as a whole by creating awareness amongst the public and in
Government of the underlying principles that guide the process of slum
development and improvement and the options that are available for bringing
about the integration. 

b)    To
strengthen the legal and policy framework to facilitate the process of slum
development and improvement on a sustainable basis. 

c)    To
establish a framework for involving all stakeholders for the efficient and
smooth implementation of Policy objectives.

Principal of National Slum Policy:-

a)   
Slums are an integral part of urban areas and
contribute significantly to their economy both through their labour market
contributions and informal production activities. This Policy, therefore,
endorses an upgrading and improvement approach in all slums. It does not
advocate the concept of slum clearance except under strict guidelines set down
for resettlement and rehabilitation in respect of certain slums located on
untenable sites.

b)   
The present planning and development framework
is exclusive of slums and informal settlements. It views slums as “problem
areas” requiring corrective action. The legal framework with its origin in the
pre-independence socio-economic context requires modifications and progressive
change.

c)   
The Policy embodies the core principle that
households in all urban informal settlements should have access to certain
basic minimum services irrespective of land tenure or occupancy status. 

d)   
Cities without slums should be the goal and
objective of all urban planning for social and economic development. To reach
this goal, it will be necessary to re-vision our urban development processes to
make towns and cities fully democratic, economically productive, socially just,
environmentally sustainable, and culturally vibrant. 

e)   
Urban growth and development should lay greater
emphasis on equity and distributive justice. The Policy aims to support the
planned growth of urban areas in a manner that will help to upgrade all
existing slums and informal settlements with due regard for the protection of
the wider public interest.

f)   
The proliferation of slums and informal
settlements can be obviated by ensuring continuous supply/recycling of serviced
and semi-serviced land suitable for high density occupation by lower income
groups. 

g)   
Urban management systems need to be improved in
three critical areas: i) resource allocation and use; ii) service delivery; and
iii) urban governance – democratic, efficient, transparent and gender
sensitive. 

h)   
NSP stresses, inter-alia, a priority role for
local bodies in the discharge of functions listed in the Twelfth Schedule viz:
i) slum improvement and upgradation, ii) urban poverty alleviation, iii)
regulation of land use and construction of buildings, iv) provision of urban
amenities,  and  v) public health and sanitation including provision
of water supply.

i)    
In line with the 74th Amendment this Policy
presumes that all public land not identified for specific government use should
be vested with the ULB. 

 

ESSENTIAL STRATEGIC INTERVENTIONS:-

a)   
 “Inclusive”
Approach to Definition of Slum/Informal Settlement

 

     
I.       
In general, all under-serviced settlements, be
they unauthorized occupation of land, congested inner-city built up areas,
fringe area unauthorized developments, villages within urban areas and in the
periphery, irrespective of tenure or ownership or land use shall be covered
under the definition of a slum/informal settlement. 

   
II.       
The criteria for defining a slum/informal
settlement shall take into consideration economic and social parameters
(including health indicators) as well as physical conditions. Each State/Union
Territory shall lay down the norms/criteria for categorizing an area as
under-serviced and the local body of each town shall list all such areas as
slums.

b)   
Listing
and Registration:-

     
I.       
Comprehensive Listing of Slums/Informal
Settlements: For the purpose of providing basic urban services, all
under-serviced settlements characterized by poor physical and socio-economic conditions,
irrespective of land tenure status and ownership should be identified and
demarcated from regular planned neighborhoods inhabited by better off
residents.

   
II.       
Registration of slum dwellers: All people
residing in such listed settlements should then be registered with the ULB in
order to prevent ineligible beneficiaries being included in development programmes
and schemes just before the initiation of improvement works or the issue of
tenurial rights.

  
III.       
Identity Card: A suitable identity card shall
be issued to all households in listed slums.

  IV.       
Basic Service Eligibility: Once settlements
have been listed in the above manner all registered residents will be
automatically eligible to receive basic minimum services/ amenities from the
urban local bodies (ULB) pending any more permanent measures taken to upgrade,
rehabilitate or resettle the community.

   
V.       
Other Entitlements: All urban poor, regardless
of their land tenure status, shall be entitled to any other special assistance
or welfare schemes that are operative within the urban area and/or the State and which are
not geographically or spatially determined but targeted to specific poverty groups.

 

 

c)   
De-listing:

The urban local bodies should de-list those
settlements which have been provided with a sustainable level of basic
services and where socio-economic indicators have reached defined acceptable norms.

d)   
Classification of Land Status/Tenability

The
land status of all listed slums/informal settlements should be classified by
the ULB as either tenable or untenable in order to determine whether or not
regular planned service provision will be undertaken on an in-situ or
re-settlement basis.

e)   
Granting of Tenure

                   
I.           
Tenure on Government Owned Land:

Tenure
shall be granted to all residents on tenable sites owned or acquired by
government.

                 
II.           
Tenure on Privately owned lands:

·        
Land Acquisition

·        
Negotiated Compensation:

               
III.           
Residents Association

               
IV.           
Land Use Classification:

                 
V.           
Layout Planning:

               
VI.           
Sale of Tenure/Property Rights:

             
VII.           
Sale of House Plots:

f)    
Resettlement and Rehabilitation:-

It is to be emphasized in
keeping with the principles of this Policy, that this document
primarily endorses and promotes an upgrading and improvement approach to deal
with slums and informal settlements as opposed to resettlement.

g)   
Planning for Integration:

       
I.           
Modify Existing Planning Framework: All existing planning instruments such asMaster
Plans, Land Use Plans etc. should be modified to ensure that slums and informal
settlements can be properly integrated into the wider urban area.

     
II.           
Integrated Municipal Development Plan (IMDP):
The principle objective of this plan is to ensure that the ULB has an adequate
and sustainable level of infrastructure and services for all its residents and
that such infrastructure and services are planned and delivered in an equitable
manner.

   
III.           
Convergence: The IMDP process assumes the implementation of the 74thAmendment
and embodies the principle of convergence of activities and funds to achieve
more efficient and equitable urban development. The IMDP will incorporate existing
plans and reflect schemes and budget allocations  

·        
Master Plans/Land Use Plans and other statutory instruments·

·        
 Urban Development Plans 

·        
Urban Poverty Alleviation Plans 

·        
Departmental Plans 

h)   
Environmental Improvement

The Provision of physical
infrastructure components such as water supply, drainage, sanitation, improved
access, electricity etc., should support the ultimate objective of improved quality
of life.

       
I.           
Water supply:

     
II.           
Sanitation:

   
III.           
Pedestrian and Vehicular Access Ways:

   
IV.           
Storm Water Drains:

     
V.           
Electricity:

   
VI.           
Solid Waste Collection:

i)    
Improving
Access to Social Services

Basic services of health,
education and access to credit are crucial for human capital development and
reduce the incidence of poverty. Improved access to social services would also
help building up the capacities of poor and empowering them to improve their
own living conditions and quality of life.

       
I.           
Health Services:

 Wherever health
services and national health programmes have been devolved to city level
following the 74th Amendment, ULBs must build health management capacities to
improve service delivery to the poor.

     
II.           
Education:

 Attention and
efforts should be focused on increasing the school enrollment at primary level,
reducing school drop-out rates particularly for girls and supplementing formal
school education with coaching assistance to assist slum children join the formal
schooling system.

    III.           
Child Labour and Child Rights

 ULBs should be
active partners in the implementation of the international convention on child
rights and should ensure that every child has access to a sufficient range of educational
and vocational training.

    IV.           
Public Distribution System (PDS):

 State Governments
and ULBs may consider granting Community Development Societies licenses to
operate Fair Price Shops where such societies have been set up and are seen
to be running effectively.

j)    
Municipal
Services to be brought under Consumer Protection Act:

It will be desirable to
bring Municipal Services under the Consumer Protection Act to monitor quality
and reliability of basic infrastructure services delivered at settlement level.
This should be uniformly applied irrespective of tenure and land status of the
settlement, with a specific mandate to monitor absolute levels of service
coverage and differential levels of service availability throughout the ULB
area.

THE SLUM AREAS
(IMPROVEMENT AND CLEARANCE) ACT, 1956:-

An Act to provide for the
improvement and clearance of slum areas in certain Union Territories and for
the protection of tenants in such areas from eviction.

THE SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1956:-

1.       To facilitate inclusive growth and slum-free cities.

       2.
To provide assured security of tenure, basic amenities and affordable housing
for slum dwellers.

       3. To assign a “legal document of
entitlement” to every landless person in a slum area entitled to a dwelling
space.

       4. To give mortgageable rights to
allottees of dwelling space. However, tradability of dwelling space limited to
the Government or the slum collectives.

5. To provide compensation
for acquisition of land, wherever necessary, in the form of concessional building.

Guiding Policy:-

Slum improvement and
upgrading is a necessary condition for slum-free cities; however, it is not a
sufficient condition; Several complementary steps to accompany this policy.

Complements to Slum
Improvement and Upgrading

• Bring in additional
lands for urban usage on a continual basis

• Revise upwards the floor
space index (FSI)

• Provide tenurial society

• Extend basic services to
slum areas

• Involve the community in
the process of upgradation

• Integrate slum
improvement strategies (RAY) with the JNNURM

Legislative Imperatives:-

• Simplify the process of
converting rural land for urban usage

• Change cumbersome land
acquisition procedures

• Modify building bye-laws
and zoning laws

• Put in a transparent
land record system

The proposed legislative
framework constitutes a major step towards a formal recognition of slums and
implicitly their contribution to the national socioeconomic system. It signals
a formal shift in India’s policy towards slums.

Basic assumption is that
property rights in the form of a legal document of entitlement and
mortgageability will enable slum dwellers access “credit”, a key factor in
urban poverty alleviation strategy.

There are several important disconnects:-

i. The proposed Act is, a
best, a partial response to the problem of slums. It misses out on slum
prevention strategy as a complement to slum upgradation strategy which could
prove “counter-productive”.

ii. The properties rights
of “slum dwellers “under the proposed Act are inferior. Global experience
suggests that formalization of property rights does not necessarily lead to
access to credit;

iii. Upgraded settlements
will have an incomplete formal status; and

iv. Creating a separate
Act to grant property rights to slum dwellers rather than to amend the existing
Acts would make it difficult to integrate slum dwellers and settlements into
the local fiscal system.

A long term sustainable
approach lies in a legislative framework that aims at integration of slums with
the city economy rather than to formalize the existing division between slum
and non-slums. Legislative reforms lag behind the policy initiatives for slum
upgradation and urban poverty alleviation.

In a bid to address the
issue of slums and urban poverty, the Government of India has undertaken
several initiatives such as:

a)            Valmiki Ambedkar Awas Yojana (VAMBAY) was
launched in December 2001, VAMBAY was a centrally sponsored scheme with an
in-built subsidy for undertaking construction of dwelling units for slum
dwellers. The scheme was successful in providing affordable houses to the urban
poor and with the launch of JNNURM, elements of this scheme were dovetailed
into JNNURM.

b)            Jawaharlal Nehru National Urban Renewal Mission
(JNNURM) was launched on 3rd December, 2005 with the objectives of
augmenting infrastructure facilities in cities and towns along with provision
of shelter and basic civic services to slum dwellers/urban poor. JNNURM aims at
creating ‘economically productive, efficient, equitable and responsive Cities’
by a strategy of upgrading the social and economic infrastructure in cities,
provision of Basic Services to Urban Poor and wide-ranging urban sector reforms
to strengthen municipal governance in accordance with the 74th Constitutional
Amendment Act, 1992.

c)            Swarna Jayanti Shahari Rozgar Yojana (SJSRY) aimed
at providing gainful employment to the urban unemployed and under-employed
poor, through encouraging the setting up of self-employment ventures by the
urban poor living below the poverty line, skills training and also through
providing wage employment by utilizing their labour for construction of
socially and economically useful public assets.          

d)            Integrated Low Cost Sanitation (ILCS): This
scheme envisages the conversion of dry latrines into water seal twin-pit
sanitary latrines on a whole town basis.

e)            Affordable Housing in Partnership (AHP):  It
seeks to promote various kinds of public-private partnerships -government with
the private sector, the cooperative sector, the financial services sector, the
state parastatals, urban local bodies, etc.-to create affordable housing stock.
Under the scheme, the Government provides subsidy at the rate of Rs.50, 000 per
affordable unit or 25% of the cost of infrastructure (internal and external),
whichever is lower.

f)              Rajiv Awas Yojana has been launched on
02.06.2011.The selection of the cities will be done in consultation with the
Centre.  The States would be required to include all the mission cities of
JNNURM, preferably cities with more than 3 lakh population as per 2001 Census;
and other smaller cities, with due consideration to the pace of growth of the
city, of slums, predominance of minority population, and areas where property
rights are assigned. The scheme will progress at the pace set by the States.
Under the Scheme, Fifty percent (50 %) of the cost of provision of basic civic
and social infrastructure and amenities and of housing, including rental
housing,  and transit housing for in-situ redevelopment – in slums would
be borne by the Centre, including operation & maintenance of assets created
under this scheme.