CIE214 | Inequalities, Poverty and Legal Entitlements in India

This is an elective standalone course which will be especially suitable for law students to grasp the spectrum of historical and contemporary debates on social policies in India and the genesis of justiciable legislative entitlements for economic and social rights. This is an interdisciplinary course which will draw heavily on development economics, social policy, history and other social sciences with a heavy focus on Indian and South Asian development experiences. This course may develop and build on contemporary social policy debates from the course on ‘law, poverty and development’ which seems to have a more sociological and theoretical focus. Instead this course will concentrate more on the ground realities and the role of social movements in the genesis, advocacy and monitoring of specific rights-based legal and social protections in India and South Asia.

After seven decades of independence, India still ranks 111 out of 125 countries on the 2023 Global Hunger index, less than every other country in South Asia. The COVID-19 pandemic has further exacerbated existing inequalities of class, caste and gender in Indian society, which was already plagued by poverty, ill-health, malnutrition and illiteracy. On the other hand, India’s pioneering right-based laws for education, food, employment guarantees and other social protections have been designed specifically to reduce these vulnerabilities and protect against destitution, particularly during critical junctures. While these justiciable Indian legislations have emerged as lifelines in this pandemic, the architecture of India’s social policies remain acutely minimalistic and underfunded. In this context, this course will navigate the history of education, healthcare, food, employment, nutrition and other social policies and laws in India and based on international experiences investigate the potential for expansion.

The emphasis of this course will largely be on evaluation of the implementation of pro-poor social protection and legislative guarantees in India and beyond. Inter-sectional analysis of multi-dimensional inequalities will be embedded throughout the course.

This is an expansive course with a panoptic perspective. Therefore, due to the paucity of time the focus will largely be on the basic human rights to food, education, healthcare, work and other social policies for those in the unorganised sectors. Protections for organised labour and farmers will not be covered. The readings are also largely focused on the capabilities approach and rights-based human development framework, with critical evaluative texts and debates. The course will also, where possible, compare India in an international perspective, especially with South Asian neighbours.

The readings primarily consist of academic and research articles which analyse historical and contemporary social policy debates which have been published in easily accessible journals.

The interactive lectures will follow the format of 45 minutes of presentation which will include video clips and other visual aids. This will be followed by 15 minutes of open-ended questions. The second half of every session will consist of 60 minutes of discussions either collectively or in breakout groups. Assigned students will analyse the case studies or read out their written short reflections papers to summarise the readings, which will be followed either by group discussions on specific questions or pre-assigned debates, role plays and other interactive activities to critically analyse the readings.

The format will be slightly altered on the days when leading academic/activists are invited as guest lecturers. If possible to arrange a vehicle, in one session, will be keen to arrange a field-trip for the students to the nearest anganwadi, ration shop, school as feasible or alternatively screen a documentary in the classroom.

1. Introduction and overview of the course – History of Inequalities, Poverty and Social Policies in India

2. History of Multi-dimensional Inequalities and Poverty in India

3. Human Development, Capabilities Approach and Rights-Based Entitlements

4. History of International Development and Anti-Poverty Debates

5. History of Indian Development Experiences and Rights-Based Laws Social Policies and Rights-Based Legal Entitlements

6. Learning Divides and Right to Education

7. Nutrition Insecurity and Right to Food: Public Distribution System

8. Nutrition Insecurity and Right to Food: Children’s and Women’s Protection

9. National Food Security Act and Starvation Deaths

10. Field visit to the nearest anganwadi, ration shop, school or health centre as feasible or screen a documentary in the classroom

11. Jobless Growth and Employment Guarantees

12. Health Inequalities without Universal Healthcare

13. Right to Health and Models of Universal Healthcare

14. Vulnerable Populations and Social Security Pensions

15. Policy Accountability and Grievance Redressal Mechanisms

16. Gender Inequalities and Protections

17. Caste Inequalities and Affirmative Action Case Studies of Social Policy

18. Case study: Anti-Caste Politics and Social Policies in Tamil Nadu and Kerala

19. Case study: India and the South Asian Human Development Puzzle

20. Re-cap of the course