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How friendly is your city to lovers?

    Home blog How friendly is your city to lovers?
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    How friendly is your city to lovers?

    By Nyaaya | Society | 0 comment | 26 February, 2021 | 0

    Cities are notoriously hostile to lovers. Whether it is public kissing or being rudely accosted in parks, lovers in the Indian city invoke moral panic, social outrage, adverse legal implications, police harassment and moral policing from right-wing outfits, resident welfare associations and their own families. However, the city itself is the background, terrain and critical player in people’s love stories. While discussions around ‘love laws’ often involve issues of criminal and family law, an often missing but critical dimension is municipal law – the law governing municipalities or urban localities.

    Malda, West Bengal, India – Janurary 2018: Adina Masjid mosque in the village of Pandua.
     

    How does municipal law construct ‘hostile’ urban space?  

    The report “Making a Feminist City” discusses the way in which urban space is “constructed” through municipal law. For example, the mere presence of civic amenity sites such as a park in the neighbourhood does not make it necessarily accessible to everyone on an equal basis. If the municipal rules and regulations governing such spaces limit access to certain groups of people through restrictive timings or moral policing, then such places are not really accessible to large sections of the city, including the poor, young, and to those in love. 

     

    Right to the City: Right to Love

    Unpacking the governance of different public spaces in any city is no easy matter, especially since they might fall under different levels of jurisdiction – central, state and city. Let’s take a look at some of the laws in Karnataka which govern the following spaces:

     

    Public Streets

    Source: Giphy
     

    What is the law on public streets? 

    According to the Karnataka Municipal Corporations Act, 1976, the Municipal Corporation is responsible for the maintenance, repair and improvement of public streets for the purpose of public safety or convenience. This means that street furniture like benches or somberikatte, litter bins or drinking fountains fall under the Corporation’s purview. The Corporation is also responsible for the cleaning, disposal of waste, building and maintaining public toilets and lighting of public streets. 

    Jane Jacobs’ now-famous phrase ‘eyes on the street’ is ubiquitous in contemporary understanding of building safe cities. Public streets should not only have conveniently built and well-maintained infrastructure but should be attractively designed to encourage people to occupy it, especially street vendors. The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, aims to protect the rights of urban street vendors by guaranteeing dignified occupation of streets but its implementation is sorely lacking with vendors often being subjected to forceful evictions or harassment.

     

     Parks

    Chashme Buddoor (1981), Source: BookMyShow
     

    What is the law on parks? 

    The Wildlife Protection Act, 1972 is the law governing national parks in India. These are parks specifically declared by the Government to protect flora, fauna, landforms and other areas which have environmental importance. Meanwhile, other parks in the city are governed by the Karnataka Government Parks (Preservation) Act, 1975 which brings them under the purview of the state horticulture department. Finally, there is the Karnataka Municipal Corporations Act, 1976 which mandates municipalities to provide public parks, gardens, playgrounds and recreational spaces and is required to manage and maintain them as a public ‘trustee.’

    Much like all public spaces, parks are contested sites and are subject to encroachment, tree felling and moral policing restrictions. For instance, in Bengaluru’s Cubbon Park, the Walkers’ Association has been pushing for restrictions in use of the park space, installing CCTV cameras as well as privatising management of the park. Increased policing and surveillance infrastructure in public parks is detrimental to the privacy of young lovers and contributes to their harassment in public space. Privatisation of park management in Bengaluru has also led to policies such as keeping public parks shut for the majority of the day. These kinds of municipal rules imagine a park as a space solely meant for ‘fitness’ activities such as jogging or walking rather than as a space where different groups can use it for different reasons including leisure or romance. 

     

    Urban Heritage Sites

    Sairat (2016), Source: BBC
     

    What is the law on urban heritage? 

    The Ancient Monuments and Archaeological Sites and Remains Act, 1951 applies to notified sites that fall under the purview of the Archeological Survey of India which is tasked with researching, protecting and maintaining such sites. The Karnataka Ancient and Historical Monuments and Archeological Sites and Remains Act, 1961 does the same for sites under its purview. These laws are essential for the protection of cultural heritage. Criticism regarding attempts to dilute such sites in favour of infrastructure projects are common especially after schemes such as the ‘Adopt a Heritage’ scheme by the Ministry of Tourism that allows private corporations and entities to take over management of sites of national importance. 

    However, a majority of urban heritage sites, buildings, precincts and natural sites etc. do not fall under either of these laws and require protections at the municipal level. The Zoning Regulations (Amendment) Act 2020 prepared under the Karnataka Town and Country Planning Act, 1961 are a recent attempt to craft ‘heritage regulations’ to conserve, preserve and protect urban heritage in the state. 

     

    Public Libraries 

    Source: Giphy
     

    What is the law on public libraries? 

    The Karnataka Public Libraries Act, 1965 governs the establishment, maintenance and comprehensive development of both urban and rural public libraries systems. While the Department of Public Libraries in Karnataka manages all issues concerned with the public libraries, the Local Library Authorities which include the District and City Library Authorities are directly responsible for providing library services to the people of their jurisdiction. They have to do this in accordance with a Local Library Development Plan, to be prepared with inputs from the public. 

    The actual state of public libraries in our cities seems to be bleak – lack of accessible infrastructure, shortage of funds, general mismanagement and outdated library policies that haven’t kept up with the times. While 6% of property tax is collected by urban local bodies as library cess, they have often failed to make timely payments to library departments and in Bengaluru in particular, the BBMP has failed to do this for over six years!

     

    So how can you help make your city lover-friendly, safe and equitable?

    Get involved! 

    This state of affairs should be a wake up call to lovers in the city, young as well as old, to get involved in the municipal affairs of your respective city or town!

    • Find out the concerned departments that govern and manage your favourite park, heritage site or any civic space and write to them about your concerns or needs! 
    • Find out which ward you live in and get involved in the area sabhas or ward committee that your local neighbourhood falls under. If you are novice to civic activism, take a look at this handy guide on ward committees. Find more information online, take note of when the next ward committee meeting is taking place and show up with your friends and make sure your concerns are heard!
    • In case your local ward committee isn’t established or hasn’t been conducting meetings, write to your elected representative – this would be the Councillor who represents your ward and demand that they do better! 
    • Above all, inform yourself of your civic rights and understand the structural issues involved in urban development and municipal governance. This will make sure that you are equipped as an urban dweller to not only understand civic issues but play an active role in how your favourite public spaces are governed and are kept lover-friendly!
     

    Sneha Visakha is a Research Fellow at Vidhi Centre for Legal Policy, Karnataka. She is also creator and host of the Feminist City, a podcast series looking all things urban from a feminist perspective, which can be accessed here. This article also has inputs from Prerna Dadu, Ameya Bokil and Sneha Priya Yanappa.

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    Andhra Pradesh

    Girl Child Protection Scheme

    The Girl Child Protection Scheme is aimed at preventing gender discrimination by empowering and protecting rights of girl children through direct investment from the State Government. It provides a number of incentives to promote the empowerment of the girl child:

    • In case of a single girl child she is entitled to receive Rs.1.00 lakh after completion of 20 years of age.
    • In case of two girl children, both of them are entitled to receive Rs.30,000/- each, after completion of 20 years age.
    • Both “single girl child” and “two girl children” are entitled to receive Rs1,200/- per annum as scholarship from 9th class to 12th class (including ITI course) during their period of study, as a benefit under the scheme.

    More information on this scheme can be found here.

    Bangaru Thalli Scheme

    Bangaru Thalli is a welfare scheme for girls launched by Government of Andhra Pradesh. The scheme supports the family of a girl from her birth till her graduation. All the Below Poverty Line white card holders are eligible for the scheme.

    Details of the scheme can be found in the Andhra Pradesh Bangaru Thalli Girl Child Promotion and Empowerment Act, 2013.

    Assam

    Manjoni Scheme

    Under this scheme, Rs. 5000 is deposited by the State Government at the time of the birth of a girl child and the girl would get the matured value of this fixed deposit when she turns 18. In order to be eligible for this scheme, the girl child must be born in a Government hospital and the family should have adopted the two child norm.

    More information on this scheme can be found here.

    Bihar

    Mukhyamantri Kanya Suraksha Yojana

    Under this scheme the girl child gets financial assistance from her birth till graduation amounting to a total of Rs. 51,000. The funds will be dispersed over a period of time upon attaining a certain age and completion of certain prerequisites:

    • At birth: Rs 2000
    • Age 1 upon issuance of Aadhar card: Rs. 1000
    • Age 2: Rs. 2000
    • Passing 12th grade: Rs. 10,000
    • Graduation: Rs. 25,000

    These benefits are available to only 2 girls in a family and residents of Bihar. Girls coming from financially weaker backgrounds will be given priority. To apply to this scheme, the parents can visit the anganwadi centres, fill the application form and submit the necessary documents to the anganwadi workers.

    Goa

    MAMTA scheme for girl child

    With a view of improving the female sex ratio of the State, under this scheme an amount of Rs. 10000/- will be paid to all the mothers who deliver a girl child  (maximum 02 deliveries) in a registered medical institution. Eligible mothers can apply to the Child Development Project Officer through the local Anganwadi Centre with a copy of the Birth Certificate within 45 days from delivering the child. The benefits are directly credited to the declared Bank Account.

    There is an online application for this scheme. More information on this scheme can be found here.

    Gujarat

    Kunwarbai Nu Mameru Yojana

    The Ministry of Women and Child Development of Gujarat has launched a scheme called Kunwarbai Nu Mameru Yojana that offers financial assistance of Rs. 10,000 to only one girl of a family. However, this scheme has been started specifically for the welfare of Scheduled Tribes and Scheduled Castes girls. Only those with an annual income limit of Rs. 1,20,000 (Rural areas) and Rs.1,50,000 (Urban areas) are eligible for this scheme.

    More information on this scheme can be found here.

    Haryana

    Laldi Scheme

    The Ladli Scheme of Haryana is meant to provide benefits to biological parents who have no son (biological or adopted) but only daughters. This scheme is only available to those who are either domicile of Haryana or working for the State government, whose gross annual income of the family does not exceed Rs. 2,00,000.

    The pattern of this scheme is similar to the Old Age Samman Allowance scheme for the families having only girl children. The enrolment of families under this scheme commences from the 45th birthday of the mother or the father whoever is older of the two till their 60th birthday i.e. for 15 years (Thereafter they will be eligible for Old Age Samman Allowance). The rate of allowance provided is Rs. 1,800 per month.

    More information on this scheme can be found here.

    Himachal Pradesh

    Indira Gandhi Balika Suraksha Yojana

    Under this scheme, the families adopting family planning methods after the birth of the first female child will be given a sum of Rs. 25,000 and those adopting family planning methods after the birth of two female children will be given a cash of Rs. 20,000.

    The health department of the Himachal Pradesh government also provides free of cost transportation either through taxi or ambulance for carrying pregnant women to the nearest hospital for delivery.

    Beti Hai Anmol Yojana

    Under this scheme, for all the families lying below the poverty line in Himachal and having one or two girls, a sum of Rs. 5100 will be deposited in the name of girls at the time of their birth. Moreover, to help in the education of such girls, scholarships ranging from Rs. 300 to Rs. 1500 will be given to them from class I to class XII.

    More information on this scheme can be found here.

    Jammu and Kashmir

    Ladli Beti Scheme

    Under this scheme, financial assistance of Rs. 1000 per month is made by the Government from the birth of the girl child / account opening date for the next 14 years. For this, zero balance accounts have already been opened in the Jammu and Kashmir Bank in respective localities. This is only applicable to girls born on or after 1st April 2015, and whose parental income is less than Rs. 75,000 per annum.

    More information on this scheme can be found here.

    Jharkhand

    Ladli Lakshmi Yojana

    Under this scheme, the State government offers a girl child from families below poverty line benefits of Rs. 1,80,600. An amount of Rs. 6,000 will be deposited annually into the girls account till she turns 5 years old. Further amounts will be added upon completion of higher education, marriage and so on, along with monthly allowances of Rs. 200 for girl students.

    Karnataka

    Karnataka Bhagyashree Scheme

    With the idea of raising the status of girl children and promoting their birth in the country, the Karnataka government has come up with the Karnataka Bhagyashree Scheme. The scheme provides financial assistance to the girl child in families that lie below the poverty line through her mother or father who is subject to the fulfilment of certain conditions.

    The government of Karnataka offers the following benefits to the eligible candidates of this scheme-

    • The girl child gets a health insurance cover of upto Rs. 25,000 per month
    • The child gets an annual scholarship of Rs. 300 to Rs. 1,000, depending upon her age upto 10th standard
    • The parents get Rs. 1 lakh in case of accident and Rs. 42,500 in case of natural death of the girl child.
    • On completing 18 years of age, the parents of the girl child would be paid Rs. 34,751.

    Along with this, there are certain interim payments such as annual scholarships and insurance benefits that the beneficiary can avail upon continued fulfillment of the eligibility criteria. The grant of such facilities promotes the birth of girl children in economically weaker families and raises their status within the society.

    Kerala

    Education Assistance to Women Headed Families

    The scheme proposes to extend a helping hand to these families by way of providing financial assistance to the education of children by the State government.

    More information on this scheme can be found here.

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