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“SLUMREDEVELOPMENT AND REHABILITATION-NATIONAL SLUM POLICY”Name: -SACHIN.PDate: 31-Jan-2018 Abstract: Issueon National Slum Policy affects in implementation of Slum Redevelopment.

Key words: Improvedhousing,slum upgrading, improved public space, livelihood generation, belter basicservices and urban safety Introduction:National Slum PolicyIndia is one of the fastest developingcountries with many metropolitan cities (e.g. Mumbai, Pune, Bangalore,Hyderabad, Delhi and Chennai).

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During last two decades; migration from villagesand small towns to metropolitan areas has increased tremendously in India. Thisleads to the degradation of urban environmental quality and sustainabledevelopment especially in the metropolitan cities. The problems faced by thepeople living in the urban areas of India have become major concerns for thegovernment.

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 offamilies affected by urban development projects are located in slum areas whichare under consideration for resettlement and/ or rehabilitation. The aim of thispaper is to study and examine implementation of National Slum Policy indevelopment of slum areas and their living conditions, and finding out the mostcritical and problematic zone of the slums.

Objectives of National Slum Policy (NSP):- a)    Tointegrate slum settlements and the communities residing within them into theurban area as a whole by creating awareness amongst the public and inGovernment of the underlying principles that guide the process of slumdevelopment and improvement and the options that are available for bringingabout the integration. b)    Tostrengthen the legal and policy framework to facilitate the process of slumdevelopment and improvement on a sustainable basis. c)    Toestablish a framework for involving all stakeholders for the efficient andsmooth implementation of Policy objectives.Principal of National Slum Policy:-a)   Slums are an integral part of urban areas andcontribute significantly to their economy both through their labour marketcontributions and informal production activities. This Policy, therefore,endorses an upgrading and improvement approach in all slums. It does notadvocate the concept of slum clearance except under strict guidelines set downfor resettlement and rehabilitation in respect of certain slums located onuntenable sites.b)   The present planning and development frameworkis exclusive of slums and informal settlements. It views slums as “problemareas” requiring corrective action.

The legal framework with its origin in thepre-independence socio-economic context requires modifications and progressivechange. c)   The Policy embodies the core principle thathouseholds in all urban informal settlements should have access to certainbasic minimum services irrespective of land tenure or occupancy status. d)   Cities without slums should be the goal andobjective of all urban planning for social and economic development.

To reachthis goal, it will be necessary to re-vision our urban development processes tomake towns and cities fully democratic, economically productive, socially just,environmentally sustainable, and culturally vibrant. e)   Urban growth and development should lay greateremphasis on equity and distributive justice. The Policy aims to support theplanned growth of urban areas in a manner that will help to upgrade allexisting slums and informal settlements with due regard for the protection ofthe wider public interest.f)   The proliferation of slums and informalsettlements can be obviated by ensuring continuous supply/recycling of servicedand semi-serviced land suitable for high density occupation by lower incomegroups.

  g)   Urban management systems need to be improved inthree critical areas: i) resource allocation and use; ii) service delivery; andiii) urban governance – democratic, efficient, transparent and gendersensitive. h)   NSP stresses, inter-alia, a priority role forlocal 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 urbanamenities,  and  v) public health and sanitation including provisionof water supply.i)    In line with the 74th Amendment this Policypresumes that all public land not identified for specific government use shouldbe vested with the ULB.

  ESSENTIAL STRATEGIC INTERVENTIONS:-a)    “Inclusive”Approach to Definition of Slum/Informal Settlement      I.       In general, all under-serviced settlements, bethey unauthorized occupation of land, congested inner-city built up areas,fringe area unauthorized developments, villages within urban areas and in theperiphery, irrespective of tenure or ownership or land use shall be coveredunder the definition of a slum/informal settlement.    II.       The criteria for defining a slum/informalsettlement shall take into consideration economic and social parameters(including health indicators) as well as physical conditions. Each State/UnionTerritory shall lay down the norms/criteria for categorizing an area asunder-serviced and the local body of each town shall list all such areas asslums.b)   Listingand Registration:-     I.       Comprehensive Listing of Slums/InformalSettlements: For the purpose of providing basic urban services, allunder-serviced settlements characterized by poor physical and socio-economic conditions,irrespective of land tenure status and ownership should be identified anddemarcated from regular planned neighborhoods inhabited by better offresidents.

   II.       Registration of slum dwellers: All peopleresiding in such listed settlements should then be registered with the ULB inorder to prevent ineligible beneficiaries being included in development programmesand schemes just before the initiation of improvement works or the issue oftenurial rights.  III.       Identity Card: A suitable identity card shallbe issued to all households in listed slums.  IV.       Basic Service Eligibility: Once settlementshave been listed in the above manner all registered residents will beautomatically eligible to receive basic minimum services/ amenities from theurban local bodies (ULB) pending any more permanent measures taken to upgrade,rehabilitate or resettle the community.

   V.       Other Entitlements: All urban poor, regardlessof their land tenure status, shall be entitled to any other special assistanceor welfare schemes that are operative within the urban area and/or the State and which arenot geographically or spatially determined but targeted to specific poverty groups.  c)   De-listing:The urban local bodies should de-list thosesettlements which have been provided with a sustainable level of basicservices and where socio-economic indicators have reached defined acceptable norms.d)   Classification of Land Status/TenabilityTheland status of all listed slums/informal settlements should be classified bythe ULB as either tenable or untenable in order to determine whether or notregular planned service provision will be undertaken on an in-situ orre-settlement basis.e)   Granting of Tenure                   I.           Tenure on Government Owned Land:Tenureshall be granted to all residents on tenable sites owned or acquired bygovernment.

                 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 inkeeping with the principles of this Policy, that this documentprimarily endorses and promotes an upgrading and improvement approach to dealwith slums and informal settlements as opposed to resettlement.

g)   Planning for Integration:       I.           Modify Existing Planning Framework: All existing planning instruments such asMasterPlans, Land Use Plans etc. should be modified to ensure that slums and informalsettlements 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 adequateand sustainable level of infrastructure and services for all its residents andthat such infrastructure and services are planned and delivered in an equitablemanner.   III.           Convergence: The IMDP process assumes the implementation of the 74thAmendmentand embodies the principle of convergence of activities and funds to achievemore efficient and equitable urban development.

The IMDP will incorporate existingplans 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 ImprovementThe Provision of physicalinfrastructure components such as water supply, drainage, sanitation, improvedaccess, electricity etc., should support the ultimate objective of improved qualityof life.       I.           Water supply:     II.           Sanitation:   III.

           Pedestrian and Vehicular Access Ways:   IV.           Storm Water Drains:     V.           Electricity:   VI.           Solid Waste Collection:i)    ImprovingAccess to Social ServicesBasic services of health,education and access to credit are crucial for human capital development andreduce the incidence of poverty.

Improved access to social services would alsohelp building up the capacities of poor and empowering them to improve theirown living conditions and quality of life.       I.           Health Services: Wherever healthservices and national health programmes have been devolved to city levelfollowing the 74th Amendment, ULBs must build health management capacities toimprove service delivery to the poor.     II.           Education: Attention andefforts should be focused on increasing the school enrollment at primary level,reducing school drop-out rates particularly for girls and supplementing formalschool education with coaching assistance to assist slum children join the formalschooling system.

    III.           Child Labour and Child Rights ULBs should beactive partners in the implementation of the international convention on childrights and should ensure that every child has access to a sufficient range of educationaland vocational training.    IV.           Public Distribution System (PDS): State Governmentsand ULBs may consider granting Community Development Societies licenses tooperate Fair Price Shops where such societies have been set up and are seento be running effectively.j)    MunicipalServices to be brought under Consumer Protection Act:It will be desirable tobring Municipal Services under the Consumer Protection Act to monitor qualityand reliability of basic infrastructure services delivered at settlement level.

This should be uniformly applied irrespective of tenure and land status of thesettlement, with a specific mandate to monitor absolute levels of servicecoverage and differential levels of service availability throughout the ULBarea.THE SLUM AREAS(IMPROVEMENT AND CLEARANCE) ACT, 1956:-An Act to provide for theimprovement and clearance of slum areas in certain Union Territories and forthe 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 housingfor slum dwellers.       3.

To assign a “legal document ofentitlement” to every landless person in a slum area entitled to a dwellingspace.       4. To give mortgageable rights toallottees of dwelling space.

However, tradability of dwelling space limited tothe Government or the slum collectives.5. To provide compensationfor acquisition of land, wherever necessary, in the form of concessional building.Guiding Policy:-Slum improvement andupgrading is a necessary condition for slum-free cities; however, it is not asufficient condition; Several complementary steps to accompany this policy.

Complements to SlumImprovement and Upgrading• Bring in additionallands for urban usage on a continual basis• Revise upwards the floorspace index (FSI)• Provide tenurial society• Extend basic services toslum areas• Involve the community inthe process of upgradation• Integrate slumimprovement strategies (RAY) with the JNNURMLegislative Imperatives:-• Simplify the process ofconverting rural land for urban usage• Change cumbersome landacquisition procedures• Modify building bye-lawsand zoning laws• Put in a transparentland record systemThe proposed legislativeframework constitutes a major step towards a formal recognition of slums andimplicitly their contribution to the national socioeconomic system. It signalsa formal shift in India’s policy towards slums.Basic assumption is thatproperty rights in the form of a legal document of entitlement andmortgageability will enable slum dwellers access “credit”, a key factor inurban poverty alleviation strategy.

There are several important disconnects:-i. The proposed Act is, abest, a partial response to the problem of slums. It misses out on slumprevention strategy as a complement to slum upgradation strategy which couldprove “counter-productive”.ii. The properties rightsof “slum dwellers “under the proposed Act are inferior.

Global experiencesuggests that formalization of property rights does not necessarily lead toaccess to credit;iii. Upgraded settlementswill have an incomplete formal status; andiv. Creating a separateAct to grant property rights to slum dwellers rather than to amend the existingActs would make it difficult to integrate slum dwellers and settlements intothe local fiscal system.A long term sustainableapproach lies in a legislative framework that aims at integration of slums withthe city economy rather than to formalize the existing division between slumand non-slums.

Legislative reforms lag behind the policy initiatives for slumupgradation and urban poverty alleviation.In a bid to address theissue of slums and urban poverty, the Government of India has undertakenseveral initiatives such as:a)            Valmiki Ambedkar Awas Yojana (VAMBAY) waslaunched in December 2001, VAMBAY was a centrally sponsored scheme with anin-built subsidy for undertaking construction of dwelling units for slumdwellers. The scheme was successful in providing affordable houses to the urbanpoor and with the launch of JNNURM, elements of this scheme were dovetailedinto JNNURM.

b)            Jawaharlal Nehru National Urban Renewal Mission(JNNURM) was launched on 3rd December, 2005 with the objectives ofaugmenting infrastructure facilities in cities and towns along with provisionof shelter and basic civic services to slum dwellers/urban poor. JNNURM aims atcreating ‘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 reformsto strengthen municipal governance in accordance with the 74th ConstitutionalAmendment Act, 1992.c)            Swarna Jayanti Shahari Rozgar Yojana (SJSRY) aimedat providing gainful employment to the urban unemployed and under-employedpoor, through encouraging the setting up of self-employment ventures by theurban poor living below the poverty line, skills training and also throughproviding wage employment by utilizing their labour for construction ofsocially and economically useful public assets.          d)            Integrated Low Cost Sanitation (ILCS): Thisscheme envisages the conversion of dry latrines into water seal twin-pitsanitary latrines on a whole town basis.e)            Affordable Housing in Partnership (AHP):  Itseeks to promote various kinds of public-private partnerships -government withthe private sector, the cooperative sector, the financial services sector, thestate parastatals, urban local bodies, etc.-to create affordable housing stock.Under the scheme, the Government provides subsidy at the rate of Rs.

50, 000 peraffordable unit or 25% of the cost of infrastructure (internal and external),whichever is lower.f)              Rajiv Awas Yojana has been launched on02.06.2011.The selection of the cities will be done in consultation with theCentre.  The States would be required to include all the mission cities ofJNNURM, 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 thecity, of slums, predominance of minority population, and areas where propertyrights 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 civicand social infrastructure and amenities and of housing, including rentalhousing,  and transit housing for in-situ redevelopment – in slums wouldbe borne by the Centre, including operation & maintenance of assets createdunder this scheme.