governance, political economy, institutional development and economic regulation

Posts tagged ‘Light Handed Regulation’

Shivpuri: riverine tourism on the Ganga


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The Ganga is pure liquid crystal, dazzling in its brilliance along a thirty kilometer stretch beyond Shivpuri in Uttrakhand, flanked on both banks by unblemished white sand beaches or towering, forested cliffs. This is the best known haven for white-water rafting in North India.

Thanks to a bunch of intrepid environmental pioneers who made these magnificent beaches their karam bhoomi in the 1980s, two generations of nature lovers have since been groomed, to love and respect the awesome riverine environment of the lower Himalayas.

“Light handed” regulation grew the business

The ground rules for commercial use of this stretch of beach were first laid down by the Government of Uttar Pradesh in 1993 and thereafter supplemented in 1999 using guidelines recommended by the Government of India.

The outcome of has been a unique form of nature tourism which bars any permanent construction; electricity generation from fossil fuels and the use of detergents, chemicals or flush latrines. All this to ensure that visitors remain one with pristine nature.

A charming tented community spreads across nearly 100 separate campsites. These operate between October (after the rains) to May but are gone by the time the rains lash North India and the river waters rise to engulf what was till recently a medley of nature lovers.

The big advantage of the “light handed” government regulations is that they compulsorily create an environment which automatically keeps out those who are not likely to respect the environment. Using dry pit latrines rather than have access to flush toilets is one such surefire safeguard. Not allowing generator sets for electricity is another. Ensuring that soapy baths are not allowed on the porous sand is another.

Most of the campsites are run by those who either trained with the original river rafting pioneers or those who have diversified from adventure tourism into riverine environmentalism. Most camps use either forest or other government and village land after getting annual permits. They therefore have a vested stake in following the rules and no incentive to invest covertly in costly construction..

A rare pristine nook in crowded India


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River rafting across the rapids; kayaking and bungee jumping are the main attractions available for the young and energetic. But almost as emotively powerful an experience, for young and old alike, is to wade into the river and walk along the shallow water where pebbles gleam like diamonds in the clear sunlight, whilst tadpoles dart about and dragon flies drone harmoniously.

No need for bottled water here. Drinking straight from the many jharnas (springs) is de rigueur. Frankly even the river looks good enough to drink from, though this is inadvisable for those addicted to bottled/filtered/RO drinking water.

Just lie on the beach at night and stare up at the starry, starry night- grandeur unmuted, courtesy the absence of harsh, electric light, as the waters rush by soothingly and the forested peaks tower over you- alive with a symphony of insect sounds; the sighing of wind through foliage and the occasional rasp of a leopard on the prowl. Amir Khusro’s famous couplet about Kashmir “If there be heaven on earth, it is this, it is this, it is this….. may as well have been written for the beach life at Shivpuri.

Small start-ups and jobs

The Shivpuri river rafting community is also an economic miracle of spontaneous but sustainable economic development and job creation. Back-of- the -envelope-estimates suggest an annual turnover of around Rs 100 crores across all campsites. Additional direct and indirect employment would be around 3,000 skilled jobs for 200 days in a year.

More than 100,000 nature lovers enjoy the facilities here every year. Many of these are youngsters, brought by schools or their family, to savor the sustainable life style of camping under tents with basic comforts but without the odious opulence of luxury resorts, which are a sure proxy for poor use of natural resources.

The Shivpuri experiment has grown organically. But as with all start-ups once the product matures and becomes viable it is eyed by big business and also the government. The former looking for a cheap buy-out, the latter for more revenues.

Legal notice from National Green Tribunal

Unsurprisingly, the campsites are presently contesting a petition filed by an NGO before the National Green Tribunal (NGT), which alleges that environmental norms are being violated by the camps.

Camp sites are made available every year to the incumbents if there is no violation of the 1993/1999 guidelines. This is exactly what big business may want to do.

Big business and the environment

The bogey of environmental degradation can be raised to evict these 100 camps from the beaches and replace them with a few, exclusive luxury, tented camps instead.

The argument, as always, could be the unsustainable biological load that 100 small camps and 100,000 visitors per years are imposing on the water quality and wildlife in the surrounding forests. Luxury facilities, chemical toilets, flush latrines, air conditioning, fancy menus and upgraded suites can attract a better “class” of tourists who would pay three to four times more than what camp operators charge today. Most of today’s visitors would be priced out. But it can be argued that fewer tourists would be good for retaining the purity of the sacred Ganga. This is a familiar albeit fallacious argument that to preserve the environment we need to exclude people from it.


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Larger luxury camp sites would be able to commit to treating the sewage and waste that luxury camps produce. They would be easier to police since they would be few in number albeit with a larger ecological footprint.

Is government committed to support riverine tourism start-ups?

The government may also seemingly prefer fewer camps. They may also suggest that to maximize revenue generation and bring in transparency, campsites should be auctioned to the highest bidder rather than re-allotted to incumbents as at present.

Alternatively the government might have other plans. It may wish to covert these pristine river beaches into bathing ghats (stepped river banks) for pilgrims, in keeping with the growing popularity of religious tourism.

The end of living with nature

In either case the unique Shivpuri river rafting experience will be extinct. Over taken by organized business or by the devout, eager to expiate their earthly failings by seeking the blessings of Ganga maiya.

Also doomed could be the government’s 1993/1999 “best fit” governance style of “light handed” regulation – fixing a problem without killing what grew organically.

Competition will also take a body blow, as will small business, if exclusive luxury resorts replace the higgledy piggle spread of campsites.

This would put an end to a nearly three decade old incubating site for future nature lovers and environmentalists.

Religious tourism crowds out the environment


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A unique opportunity for learning to love and live with nature will disappear if public bathing ghats are the future. The devout tend to miss the trees for the wood- so focused are they on the task of completing their riverine rituals and getting home. The institutionalization of the pilgrimage to Vaishno Devi in Jammu; Amarnath in Kashmir or closer home in Haridwar and Rishikesh are good examples of nature taking a back seat versus devotional rituals.

Saving riverine tourism from commercialization

But most importantly this will be the end of yet another opportunity to keep India’s riverine environment alive. Silting of the major rivers in the plains has killed what could be a thriving white-water shipping industry. Race boats in Kerala during Onam are now oared by people from the North East since it is too much work for the locals. The famous inland cruises are now motor powered and as noisy as any highway. The barges that the landed elite of Bengal used to sail up the Ganga have long since been recycled into antique furniture for homes with a taste for the past. We have forgotten how to live with a river, a lake or a pond. The shutting down of Shivpuri will complete the amnesia.

The only hope of avoiding this depressing possibility is if the NGT endorses the existing model of supporting riverine tourism start-ups through “light handed” but effective regulation albeit with stricter enforcement; periodic checks of water quality downstream of the camps and financial penalties for violation of norms. The ball is now in the National Green Tribunal’s court.

1393 words

Liberals; smell the coffee please


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Liberals and human rights advocates are a queasy bunch with no stomach to face up to the honest truth that effective governance implies a better informed and more intrusive government.

Light handed regulation” is the mantra of neo-liberal economics. But such regulation fails unless the regulator can monitor compliance with the rule of law by acquiring more and better, real time data on individuals and business entities.

Take the simple case of ensuring that shop workers are not exploited by owners and get at least one weekly holiday and enjoy restricted, daily, working hours. The “heavy handed” manner this is done is by shutting entire markets down on a specific day and prescribing shop opening and closing hours. The “light handed regulation” option could give shop keepers the liberty to set their own working hours. But to protect workers’ rights, effectively, it would need to generate a real time centrally networked, database of cash transactions- to validate shop working hours and a bio-metric clock- doing the same for employees working hours.  How does this square with the Liberal preference for “small government”?

Consider the case of self-assessment by tax payers. Regulation cannot get lighter than that. But to be effective, it has to be coupled with predictable and significant sanctions against deviant behavior. This means generating a database, on each tax payer, comprising an effective audit trail of all financial transactions and a tax agent randomly trawling this data, using “red flags”, so that deviance can be detected and brought to trial.

Tracking phone call, social media, emails and physical movement of individuals all becomes part of “Big data” which needs to be captured to provide the information required for credible sanctions systems. This is especially necessary, in democracies like India, where all sanctions are appealable and hence must be backed by “judicial quality evidence”.

“Big data” does have unintended but positive outcomes. The clamour, amongst the elite,  for the status symbol of publicly provided, security guards can be greatly reduced, if “security” comes with a GPS enabled, real time, tracking of location and real time reporting, via a smart phone app, of whom the VIP is meeting as a routine procedure.

No Liberal would object to the installation of CCTV cameras where they live, to protect their lives and property. But this comes with the potential downside of intrusive government. Taking cameras closer to people generates “Big data”. Its value lies in the ability to constantly trawl it to prevent crime (or even natural disasters), by identifying “hot spots” and patterns of criminal behavior and to bring criminals to book. Constraints on individual privacy are inevitable. Also there is bound to be misuse, despite checks to prevent gaming; for example the illegal use of individual information, acquired for security purposes, to black mail individuals. There will always be “insiders”, who could trade off any inherent inefficiency in keeping “big data” secure.

Is Edward Snowden a traitor or an American hero? His country folk were divided on the fine point of the “tipping point” between an “insiders” duty to guard official secrets versus the citizens moral responsibility to fight “Big Government”. There is a stark choice between ensuring security and preserving individual freedom. Too much individual freedom (say the right to religious beliefs which may even bar or restrict social integration, as is available in India and the US) can be as negative as too little individual freedom (China, Russia) in the name of national security.

But the flash points where security collides with individual freedom are more often due to “entrenched privilege” being threatened, than the high ground of morality being squashed.  Indian Liberals, who willingly submit to racial profiling and body searches at US and UK immigration, are outraged if an Indian security personnel, so much as dares to question them about what they are carrying in their bags, whilst boarding domestic flights, trains or buses.

Of course most Liberals in India belong to the elite. For them the State and its officials are only to be suffered, not recognised. There is an implicit sense of “entitlement” amongst the elite, who expect to be “served”, even if they dodge their taxes. Much of this springs from the unfortunate spectacle, of fawning subordinates around a preening public official, in much the same manner, as courtiers may have supplicated before our erstwhile Maharajas.

Liberals mourn that there is too little reliance on “trust” and too much emphasis on “surveillance”. But isn’t it ironic, that in the US: the birth place of Liberal policy practices and “small government”, it is “legally enforceable contracts”, which are the life blood of social and even personal interaction. A society governed by “contracts” by definition, is a society which does trust anyone, including the State, to do the right thing.

It is the same with the theory of incentives. The fundamental basis of neo-liberal policy practice is to embed the correct “incentives” in regulations, which then elicit the desired behavioural outcomes associated with the desired results. The provision of artificially embedded incentives, as neo-Liberal policy practice seeks to provide, inevitably come with intrusive metrics of measurement because what is not measured can neither be sanctioned nor rewarded. Regulatory intrusion, big data and “big” government are the inevitable consequence.

In direct contrast, are systems which rely on “belief”, “religion” or “spirituality”. These seek to bind people to a higher morality and blind them to the needs of individuality. Communism is one such “belief” which relies on the morality of the State and not contracts. Of course, it also comes with high levels of State control and intrusive oversight by a bureaucracy of the faithful, exactly as any other religion.

The Liberal position becomes even more laughable when we consider the available “best practice” on poverty reduction; a key objective for developing economies. “Tightly targeted, cash transfers” to the poor is the latest mantra. But these have to be preceded by identification of the poor; close monitoring of their locations and current incomes. In fact, what this requires is a national database of the entire population of India so that we can segregate the poor from the non- poor; citizens from non-citizens and similarly along any other targeted classification (gender, caste, religion or spatial location). 25% of the Indian population is migratory. This requires “spatial location” enabled assessment of their current economic status since poverty levels vary across states. You can’t get bigger data than all these demographics on 1.25 billion people.

The loss of individual privacy is embedded in the logic of extensive digitization of information. Think of the benefits from being able to identify people uniquely; record their demographics (age, marital status, gender, health and education metrics) securely; store transactions securely and access the stored information instantly. If it is alright for the government to be intrusive versus the poor, why is it so horrible for the “privacy” of the rest to be invaded? The much touted right of the individual “to be forgotten” can exist versus other individuals (though how even that could be enforced is not known) but it must never exist against the State.

“Big data” and a better informed government are here to stay. Liberals should wake up and smell the coffee.

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