2nd ARC Report - Capacity Building For Conflict Resolution

The 2nd ARC Report on Capacity Building for Conflict Resolution focuses on strategic measures and recommendations to strengthen institutional capabilities for effective conflict resolution, fostering stability and harmony in governance.

Table of Contents

CONFLICT: CONCEPT AND ITS INTERACTION WITH SOCIETY AND STATE

Conflict is an inherent aspect of human existence, manifesting as both an internal cognitive process during decision-making and a component of daily interactions within society. Some philosophers attribute progress to the ongoing cycle of conflict and its resolution. The absence of conflict can be an unattainable state, often indicative of harsh repression or indifference by one segment towards the rest. A society’s maturity is gauged not by the absence of conflict but by the effectiveness of its institutions and procedures in resolving it. The state, with its organized judiciary, serves as the ultimate arbiter, yet traditional means at the family and community levels contribute significantly to issue resolution.
Sustaining democratic dialogue is crucial for enhancing societal quality, as democracy plays a vital role in conflict resolution and nation-building, especially in diverse states. Within a democratic framework, the fulfillment of aspirations from all constituent elements becomes feasible. Genuine grievances can only be addressed, and misperceptions dispelled, through mutual understanding, respect, and dialogue. Government decrees alone cannot eliminate conflicts and differences, nor can diverse energies be channeled toward nation-building without the tools and methods provided by a democratic setup.

Addressing fundamental questions about the nation’s identity is vital for India:

What kind of nation do we aim to become?
What essential characteristics define the nation we aspire to build?
What position do we envision occupying in the global community?
Answers to these questions should form a shared vision, motivating people to align their efforts for its realization. Shared visions emerge not from numerical presentations or intellectual debates but from deeper dialogues that incorporate the perspectives of diverse stakeholders in shaping the country’s future. Establishing a shared vision is a foundational step in fostering national cohesion and progress.

DEFINING CONFLICT: ITS CONNECTION WITH IDENTITY

Conflict is characterized as a situation between two or more parties perceiving their interests as incompatible. While conflicts may have both negative and beneficial connotations, they are often deemed desirable as they can instigate beneficial changes. Individuals see themselves through various perspectives related to their membership in different groups, such as geographical origin, gender, caste, ethnicity, profession, and social commitments. Each of these affiliations contributes to a specific identity, resulting in multiple identities for an individual. The pursuit of identity serves as a powerful psychological force driving human civilization and significantly influences an individual’s relationships with others.
Social capital, rooted in shared identities within a community, enhances harmony and meaning in people’s lives. The sense of belonging to a social community becomes a valuable resource, akin to capital. However, identity can also lead to conflict, particularly when a strong and exclusive allegiance to one group fosters animosity. Manipulating this sense of identity can turn it into a powerful weapon, leading to hatred and violence, and posing a significant threat to societal fabric.

Different Stages of Conflict

Conflict is not a singular event but a dynamic process with various stages. The objectives, approaches, intensity levels, and potential damage change throughout a conflict’s life cycle, necessitating different conflict management strategies at each stage. Understanding the dynamics of conflict throughout its life cycle is crucial for implementing effective conflict prevention and management strategies.

The life cycle of conflict comprises five stages:

Stage 1 – Individual and Societal Tension: Tensions arise when individuals or groups feel wronged or perceive a lack of due entitlement. Historical socio-economic inequalities and poor governance contribute to societal tension.
Stage 2 – Latent Conflict: Tensions escalate, leading to a sense of injustice and simmering discontent. At this stage, manifestations of these tensions may appear in the form of requests to authorities. Proactively managing conflicts during this stage is opportune, but it often goes overlooked due to other pressing concerns.
Stage 3 – Escalation of Tensions: Neglected grievances, overlooked concerns, and unaddressed tensions by the administration result in a further intensification of discontent. The opposing parties’ positions begin to solidify, and half-hearted attempts prove ineffective. During this phase, the involved parties resort to more assertive methods, such as demonstrations, processions, strikes, ‘bandhs,’ and similar actions.
Stage 4 – Eruption: If tensions are not managed appropriately, a situation arises where a small spark leads to the eruption of violence. Typically, the administration intervenes at this stage to control the violence.
Stage 5 – Stalemate: This stage resembles latent tension and has the potential to erupt periodically.

Conflict Resolution and the Indian Constitution – Identifying the Humanistic Approach of the Constitution’s Framers

In post-Partition India, the process of conflict resolution commenced with the peaceful integration of princely states. The drafting and adoption of the Constitution exemplify a remarkable instance of conflict resolution. Opting for the democratic process and adult franchise, the Constitution stands out as an effective instrument for containing and moderating conflict, considering the experiences of large multi-ethnic states worldwide.
The Constitution, by endorsing pluralism, and federalism with a robust Union, and addressing the economic and social upliftment of underprivileged sections, created a space for diverse groups to participate in nation-building.

Several articles and provisions reflect the humanistic approach of the framers:

Article 30: Enshrines the right of religious minorities to establish and administer their educational institutions.
Article 25: Ensures rights to freedom of conscience and the free profession, practice, and propagation of religion.
Article 26: Grants freedom to manage religious affairs.
Article 29: Guarantees the rights of any citizen section to conserve their language, script, or culture.

Additional conflict resolution measures within the Constitution include provisions for amendments to adapt to changing times and affirmative action for traditionally disadvantaged sections. This includes provisions for reservations, a powerful and independent judiciary, and the creation of institutions to address disputes such as water disputes and interstate conflicts.

THE STATE’S STRATEGY TO ADDRESS VARIOUS CONFLICTS

Developing an understanding of conflict origins and formulating long-term strategies is crucial for the State. The focus should extend beyond immediate demands, encompassing underlying issues like poverty alleviation, social justice, and corruption-free grassroots development. The State should avoid treating conflicts as mere law and order breakdowns, opting for fire-fighting techniques. Ideally, the State should address conflict roots before they escalate, requiring appropriate administrative and institutional interventions.
In the early stages of a problem, preventive measures such as early warning, timely analysis, and appropriate responses can avert conflicts and violence. These conflicts often stem from deep-seated grievances related to unequal benefit-sharing from growth and development. A multi-stakeholder dialogue process, emphasizing trust and inclusive dialogue, can restore confidence and provide enduring conflict resolution. Creating inclusive frameworks, both institutional and administrative, facilitates discussions among stakeholders with diverse interests.
Recognizing inevitable political, social, and economic rivalries in development, the State’s institutions play a pivotal role. The institutions must be perceived as legitimate, effective, participatory, credible, and accountable, avoiding tokenism or favoring narrow vested interests. Building capacity and effectiveness in these institutions becomes crucial for successful conflict mediation and resolution.

FEATURES AND CAUSES OF LEFT EXTREMISM SPREAD IN INDIA

The left extremist outburst, known as the Naxalite movement, originated in March 1967 in Darjeeling district, West Bengal. The ‘Naxalbari phase’ (1967-68) gained momentum but was controlled by August 1967. Key features of the left extremist movement include its status as a significant challenge to internal security, garnering people’s confidence, particularly in forest and tribal areas. The movement grows in strength by mobilizing dispossessed and marginalized sections of society.
While these features are common to the activities of various terrorist organizations, left extremism’s profound impact stems from its wide geographical coverage and the prevailing conflict scenario within the country.
The objective of left extremists is to realize their vision of a revolutionary state by gaining support from marginalized sections of society, particularly in areas where these sections constitute a significant portion of the population.

The causes of left extremism include:

Evasion of land ceiling laws.
Existence of special land tenures enjoying exemptions under ceiling laws.
Encroachment and occupation of government and community lands, including water bodies, by powerful sections of society.
Lack of title to public land cultivated by the landless poor.
Poor implementation of laws prohibiting the transfer of tribal land to non-tribals in the Fifth Schedule areas.
Non-regularization of traditional land rights.
Eviction from lands traditionally used by tribals.
Displacements caused by irrigation and power projects without adequate arrangements for rehabilitation.
Large-scale land acquisition for public purposes without appropriate compensation or rehabilitation.
Lack of food security, corruption in the Public Distribution System, and disruption of traditional occupations with a lack of alternative work opportunities.
Deprivation of traditional rights in common property resources.
Social exclusion and denial of dignity.
Continued practice of untouchability in various forms in some areas.
Poor implementation of special laws on the prevention of atrocities, protection of civil rights, and abolition of bonded labor.
Corruption and inadequate provision of essential public services, including primary health care and education.
Incompetent, ill-trained, and poorly motivated public personnel who are often absent from their place of posting.
Misuse of powers by the police and violations of legal norms.
Perversion of electoral politics and unsatisfactory functioning of local government institutions.
These causes are particularly evident in forest areas predominantly inhabited by tribal populations, making them both the main instruments and victims of left-extremist violence.

CONFLICTS RELATED TO LAND AND POSSIBLE SOLUTIONS

Land remains a perennial source of conflict, especially in predominantly agrarian economies, where possession and ownership of land signify social respectability. Successful implementation of land-related policies and reforms can contribute to resolving these conflicts.
While agrarian unrest has abated, it has led to the emergence of a new class of proprietors due to the limited success of ceiling agricultural holdings. This has created challenges in providing access to land ownership, with the consolidation of land production benefiting some states but resulting in renewed agricultural land fragmentation. The crisis faced by our agrarian economy revolves around land issues, and the potential for major conflicts remains evident. The impetus to urbanize and create parallel demands for land further exacerbates tensions.
Although the contribution of agriculture to the GDP has decreased from around 60% in 1951 to 27% in 2002-03, over 67% of the population remains dependent on it. The demand for land for non-agricultural use, including development projects, continues to grow, fueling conflicts. Recommended measures include expanding the agricultural base by supporting small and marginal farmers through Self-Help Groups (SHGs) and cooperatives, transferring informal debt to formal institutions, rejuvenating the natural resource base, providing effective risk coverage, increasing public investment in agriculture and diversifying the non-farm sector within rural areas, and designing poverty alleviation programs specifically tailored to the needs of poorer farmers with the involvement of farmers’ organizations.

DESIGNING A WATER LAW

The national water law should align with the Constitution, considering public interest, and outlining the rights and obligations of all parties concerning water. Regulation of all water use, regardless of its location in the water cycle, should be implemented by prescribed bodies. The location of water resources in relation to land should not confer preferential usage rights.
Recognizing the unity of the water cycle and the interdependence of its elements, resource planning should cover hydrological units, such as drainage units or sub-basins. All projects and proposals should be formulated within the framework of an overall plan for a basin or sub-basin to optimize options. Responsibility for the development, apportionment, and management of available water resources should rest with the basin or regional level, allowing interested parties to participate fully, subject to constitutional provisions and relevant laws.

The Panchayats (Extension to the Scheduled Area) Act, 1996 and Conflict Resolution

The Panchayats (Extension to the Scheduled Area) Act, 1996 (PESA) is a significant legislation emphasizing the active involvement of tribal people not only as participants but also as effective decision-makers. The Act provides for the establishment of a Sabha, and the Gram Sabha, a vital section under PESA, is empowered to safeguard and preserve the traditions, customs, cultural identity, community resources, and customary dispute resolution methods of the people. PESA inherently incorporates conflict resolution capacity within the Gram Sabha.
Tribal communities traditionally have democratic decision-making practices. Creating awareness among the tribal population about PESA and the 73rd Amendment to the Constitution could lead to greater participatory democracy in tribal areas. Organizing awareness campaigns is crucial for empowering tribals to demand accountability from elected representatives and government officials, especially when decisions contradict resolutions passed by the Gram Sabha or Panchayat. This empowerment enables tribals to have a voice in deciding issues related to their village development, aligning with PESA’s vision.
However, a comparative analysis reveals that PESA’s provisions have been significantly diluted during ratification by states. Many powers of the Gram Sabha have been delegated to the district administration or Zilla Parishad. PESA’s original objective was to empower tribal society in controlling livelihoods, managing natural resources, and safeguarding traditional culture and rights. Unfortunately, critical issues like access to natural resources and rights over minor forest products remain unresolved, and the objectives of PESA have not been earnestly realized in states with large tribal populations.
PESA’s constitutional basis lies in Article 243 (m) (4) (b) and the Fifth Schedule, extending logically from the Fifth Schedule. The Union Government is duty-bound to ensure strict implementation, issuing specific directions under proviso 3 of Part A of the Fifth Schedule if a state fails to comply. A recommended approach is to establish a central-level forum to ensure grassroots implementation and address deviations effectively. Additionally, the Fifth Schedule mandates annual reports from state Governors, which are not consistently submitted. A recommendation is to emphasize the importance of regular annual reports and make them publicly accessible.

COMMUNALISM IN INDIA – ROOT CAUSES AND POTENTIAL SOLUTIONS

The causes include:

Ineffectiveness of conflict resolution mechanisms.
Inaccurate, untimely, and non-actionable intelligence.
Poor personnel policies, such as inadequate selection of officials and short tenures.
Failure to anticipate and interpret early indicators of violence by the administration and police.
Delayed reactions even after the appearance of initial signals.
Field functionaries seek instructions from superiors instead of taking local initiatives.
Partisan behavior by the administration and police.
Leadership failures and abdication of responsibility for maintaining public order.
Neglect of rehabilitation leads to resentment and lingering anger.
Lack of accountability for officials’ failures, perpetuating incompetence.

To enhance conflict resolution capabilities, citizen involvement in developing internal mechanisms for diffusing conflicts is essential.

Citizen-centric initiatives may involve:

Cooperation and coordination with the police (community policing).
Cooperation and coordination with the administration (citizens’ committees).

A legislative solution could be “The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill,” with proposed provisions:

Punishment for various offenses related to communal violence.
Establishment of review committees, investigation teams, and special courts for speedy trials and punishment.
Mechanisms for relief and rehabilitation of victims of communal violence.
Special powers for the Union Government to address communal violence in specific cases.

THE ISSUE OF REGIONAL DISPARITY

Many regional conflicts stem from disparities in the development of a particular region compared to other parts of the country or the encompassing state. Addressing such disparities is crucial, and appropriate interventions or the establishment of suitable ‘safety nets’ are necessary to mitigate these conflicts.
Governments play a crucial role in averting conflicts and fostering balanced development to ensure the well-being of areas and regions. Balanced regional development goes beyond addressing interstate differences; it also addresses internal disparities within states. For instance, Telangana in Andhra Pradesh exhibits such disparities, emphasizing the need for enhanced governance in underdeveloped regions. While the focus in national planning has shifted from the state to the district, the latter still encompasses diverse characteristics, necessitating more targeted approaches.
To strengthen governance in less developed areas, local bodies need empowerment and reinforcement. Although the relatively backward states require more significant investments in social services and infrastructure, they often face fiscal constraints. Governments in these states lack the financial capacity to match the investments made by more prosperous states. To address this issue, the Planning Commission should devise a composite criterion for identifying backward areas, considering human development indicators and social and economic infrastructure indices.

Key Recommendations:

Develop a composite criteria for identifying backward areas, utilizing indicators like poverty, literacy, infant mortality rates, and social and economic infrastructure indices.

Adopt a formula for Block-wise fund devolution targeting more backward areas by both Union and State Governments.

Strengthen governance in less developed areas within states and review the role of special purpose vehicles like backward area development boards.
Strengthen local governments, making them more responsible and accountable.
Introduce a system to reward states, including developed ones, for achieving a significant reduction in intra-state disparities.
Provide additional funds for core infrastructure development at the inter-district level in less developed states, with the assistance proportionate to the population in those areas.
Define acceptable minimum norms for human and infrastructure development at the block level, and ensure funding is outcome-driven to achieve these norms.

THE INDIAN CONSTITUTION AND ITS APPROACH TO CONFLICT RESOLUTION

The Indian Constitution incorporates several key provisions aimed at providing an institutional framework for the prevention and resolution of conflicts. Some notable articles addressing conflicts, especially those involving states, are outlined below:

Article 131: Recognizing the significance of inter-state disputes in a federal polity, this article confers original jurisdiction on the Supreme Court to adjudicate suits related to such disputes. The intention is to address situations that could potentially harm the overall functioning of the Union.
Article 262: Empowers Parliament to legislate and exclude the jurisdiction of all courts, including the Supreme Court, in sensitive areas of conflict, such as inter-state rivers or river valleys water disputes. This provision, an exception to Article 131, aims to establish a specialized procedure for resolving disputes considering various factors.
Article 263: Envisages the establishment of Inter-State Councils for the resolution of disputes and discussion of matters of mutual interest between the Union and the States, requiring coordination. This article is detailed further in the chapter.
Article 280: Provides for the periodic establishment of a quasi-judicial Finance Commission, typically every five years. The commission recommends the distribution norms of central levies between the Union and the States, emphasizing the need to prevent disputes arising from financial grievances.
Article 307: Authorizes the creation of authorities to facilitate inter-state trade and commerce, contributing to conflict resolution. Additionally, there are provisions like Article 350B and Articles 338 and 338A, which address the interests of linguistic minorities, Scheduled Castes, and Scheduled Tribes, respectively, aiming to prevent grievances from escalating into conflicts.

India’s institutional architecture for conflict resolution involves various agencies and institutions:

Inter-State Council (Article 263): This body plays a crucial role in resolving disputes among states or between states and the Union. It may not exist permanently but can be constituted through a Presidential order to address specific disputes or coordination issues.
The composition of the Inter-State Council can be flexible, adapting to the specific needs of each situation. These constitutional provisions collectively establish a comprehensive framework to address and resolve conflicts within the Indian federal structure.
To address the specific needs referred to under Article 263, the Inter-State Councils can be tailored to suit the exigencies of each matter. If necessary, multiple Inter-State Councils may exist simultaneously, each with distinct terms of reference and composition, especially concerning Scheduled Tribes and Scheduled Castes. The National Commissions for Scheduled Castes and Scheduled Tribes play a crucial role in safeguarding the rights of these communities. Their oversight role extends to reviewing and monitoring the implementation of safeguards, focusing not only on individual cases but also on broader policy matters. Collaborating closely with these Commissions, the Inter-State Councils can enhance their effectiveness in discharging their constitutional mandate.
The current system of Zonal Councils may be discontinued, and issues of inter-state coordination or disputes between States within the same region can be entrusted to Inter-State Councils. These Councils should have appropriate compositions and terms of reference to ensure comprehensive consideration of each issue. The National Human Rights Commission (NHRC), established in 1994, has played a significant role in addressing human rights issues across the country, including in conflict-prone regions like Jammu and Kashmir, the North East, and Punjab. While conflict resolution is not explicitly within the NHRC’s mandate, institutions like it play a vital preventive role, dissuading groups from resorting to violence.
State Integration Councils can be formed to assess State-level conflict situations, maintaining connections with the National Integration Council (NIC). The NIC, in turn, can consider reports from State-level bodies, providing advice and recommendations. Guidelines for NIC membership should consider adequate representation of State Integration Councils. Additionally, District-level Integration Councils (District Peace Committees) with ties to State Councils may be established, particularly in districts with a history of violent conflicts. These bodies, comprising respected individuals trusted by all sections of society, can serve mediating and advisory roles in conflict situations.

Practice Questions

What is conflict? Explain its relationship with the state and society.
What is the relationship of conflict with identity in a society?
Discuss the various stages in the life cycle of a conflict.
What is the sele appship between Conflict Resolution and the Constitution? Highlight the humanistic approach of the framers of the Constitution.
What should be the strategy of the state to resolve different conflicts?
What are the Causes for the Spread of Left Extremism in India?
What steps can be taken by the government to resolve land-related conflicts?
“A better he so articulates and operationalizes a national perspective of water will be 8 through the instrumentality of a law.” Analyze the statement by outlining what should be the core components of such a law.
What are the provisions of the Panchayats (Extension to the Scheduled Area) Act, 1996?
What are the causes of communalism in India? How can it be tackled?
What are regional disparities? Why do they arise? What is the administrative approach to tackle it?
What articles of the Indian Constitution strive for conflict resolution?
Which institutions in India strive for conflict resolution?

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2nd ARC Report – Capacity Building For Conflict Resolution