Analysis

India’s Humongous Housing Hitch: Legal Innovations Can Show the Way

Moin Qazi

More than 70% of the world's population lives without any formal acknowledgment of ownership of their land. Little else is as critical to a family's quality of life as a healthy, safe living space.  But India's housing space–particularly the lower tier in the economic pyramid–has remained largely unaddressed as many find it a hard ground. The most elusive issue in housing finance is that of a legal title. The government should improve the legal and regulatory environment and increase the supply of affordable shelter with tenure security and access to basic services, writes MOIN QAZI

—–

COVID-19 has caused an unprecedented crisis and disruptions around the world, affecting every aspect of life, be it individual relationships, institutional operations or international collaborations. The pandemic has shown that population density, lack of access to clean water and sanitation and other urban realities, together with inadequate risk management capacities, create conditions for an outbreak to become an epidemic, a pandemic, and ultimately, an economic and social catastrophe. India has been facing a mounting housing crisis for very long and it has been procrastinating reforms at its own peril. If we were blind to these faults before, it is hard not to see them now.

The high density of settlements, unventilated rooms and lack of basic facilities worsened the situation during the pandemic for the urban poor. They, then, decided to walk hundreds of miles in the scorching heat because they saw no hope in the cities which they had built through their hard labour. The very system they had helped to erect turned against them. Since these inhabitants were informal, casual workers, they could not expect any official help, nor did they have any social protection.

The central dilemma of poor housing has been wonderfully captured by Danish-American social reformer Jacob Riis in his inimitable style: "The sea of a mighty population, held in galling fetters, heaves uneasily in the tenements… The gap between the classes in which it surges, unseen, unsuspected by the thoughtless, is widening day by day. No tardy enactment of law, no political expedient, can close it. Against all other dangers, our system of government may offer defense and shelter; against this not. I know of but one bridge that will carry us over safe, a bridge founded upon justice and built of human hearts."

UN DECLARATION

The right to adequate housing, inscribed within the United Nations' Declaration of Human Rights, is recognised as absolute and is similar to the right to health and education. Access to housing goes beyond the physical structure of four walls and a roof. It satisfies the need for subsistence by offering shelter and a sense of security. It is central to a  household's functionality and productivity, social harmony and the development of health and a sustainable economy and provides a sense of dignity and pride.

The right to adequate housing, inscribed within the United Nations' Declaration of Human Rights, is recognised as absolute, and is similar to the right to health or education. Access to housing satisfies the need for subsistence by offering shelter and a sense of security.

Demographic shifts combined with poor or non-existent land ownership policies and insufficient resources have resulted in a surge of slum creation and further deterioration of living conditions. Given the scale, the need for adequate and affordable housing presents significant business opportunities for the private sector, especially for developers, investors and financial institutions.

The key constraint in providing shelter is that people do not have proof of being owners of the piece of land on which they live. This keeps them deprived of many basic amenities. Once titled, they could obtain access to several government benefits. Even a small plot can lift a family out of extreme poverty.

The key constraint in providing shelter is that people do not have proof of being owners of the piece of land on which they live. This keeps them deprived of many basic amenities. Once titled, they could obtain access to several government benefits. Even a small plot can lift a family out of extreme poverty.

The United Nations estimates that more than 70% of the world's population lives without any formal acknowledgement of ownership of their land. That is both a human and an economic problem. When people have secure land, they invest in improvement projects, work more hours without the fear of land theft and are more likely to take loans using their new property as security.

Little else is as critical to a family's quality of life as a healthy, safe living space. A decent habitat and shelter for the poorer sections of society can not only contribute towards their well-being and real asset creation but also catalyze overall economic growth.

BOLSTERING ECONOMIC GROWTH

Priority for housing is higher than education and health. Sustainable and inclusive housing solutions can bolster large economic growth quickly and efficiently. Hernando de Soto's 2000 book, The Mystery of Capital makes a startling revelation: "The hour of capitalism's greatest triumph" declares the famed Peruvian economist "is in the eyes of four-fifths of humanity, its hour of crisis."

De Soto explains that for many people in the developing world, the land on which they live is their only asset. If that property is not publicly recognised as belonging to them, they lose out on some of their highly deserved social benefits.

India's housing space–particularly the lower tier in the economic pyramid–has remained largely unaddressed. Many tried to solve it and most found it a hard ground. The most elusive issue in housing finance is that of a legal title. While many villagers and slum dwellers own their homes, which they likely built themselves, they rarely own the piece of land which holds their dwelling. This is a major obstacle as many families may not have had documentation for generations and the process of obtaining and putting it in place is an impossible mission without nimble titling, mortgaging and financing system.

While many villagers and slum dwellers own their homes, which they likely built themselves, they rarely own the piece of land which holds their dwelling. This is a major obstacle as many families may not have had documentation for generations and the process of obtaining it is an impossible mission.

Housing is often the bedrock of other development interventions: owning land boosts health profiles, educational outcomes and gender equality. The converse is equally true.

BASIC STANDARD OF LIVING

Providing stable, affordable housing is a major first step in establishing and sustaining a basic standard of living for every household. Several attempts to relocate slum dwellers to the city's fringes have been botched because the location restricts the access of residents to employment, schools and other amenities. Slum-dwellers favour upgradation of existing facilities and secure tenancy. Evictions from slums and the demolition of settlements have risen as cities expand and are brought under programmes that aim to create centres similar to those in western countries.

Several attempts to relocate slum dwellers to the city's fringes have been botched because the location restricts the access of residents to employment, schools and other amenities. Slum-dwellers favour upgradation of existing facilities and secure tenancy.

There are various suggestions from experts that can serve as useful markers for policymakers. One is that the government should improve the legal and regulatory environment and increase the supply of affordable, legal shelter with tenure security and access to basic services and amenities. It should undertake physical upgradation of informal settlements and provide public services such as access to roads, electricity, water supply and sanitation. These services create a high level of perceived tenure security without a formal change of legal status and have encouraged local improvements and investment.

The social consultancy, FSG, says that up to 37 million households — a quarter of India's urban population—live in informal housing, including slums. It recommends giving them basic property rights. The report argues that this would encourage residents to invest in home improvement and municipalities to provide infrastructure and better services. The research focuses specifically on owner-occupants, those who don't pay rent and are not investing in improving their homes because of fear of eviction.

DIFFERENT SLUM CATEGORIES

There are various categories of slums in India: unidentified, identified, recognised, notified and unauthorised housing. The report divides informal housing into three segments: insecure housing (unidentified slums) where people have no property rights and are most vulnerable to eviction; transitional housing (recognised slums and identified slums) which exist in government records and are gaining de facto rights and secure housing (notified slums and unauthorised housing) where people have some property rights and can't be evicted summarily. In India, slums classified as "unobjectionable" are eligible for upgrading. These are in non-residential zones, on low-lying lands, or where roads and other public infrastructure have been proposed.

Conventionally, property rights mean the right to use, develop and transfer property. The researchers advise a different set of property rights for informal housing, one that gives the owner-occupant mortgageable status. The government could also permit the owner-occupant to have only the right to use the property and access basic services as in public housing. Alternatively, it could give property rights on lease. It could restrict the use and exchange of such property to only low-income groups. In other cases, it could integrate outlying informal settlements through a process of mutual compromise. This can bring unplanned settlement into acceptable relation with the planning norms. Titles could be regularised in exchange for acceptance of agreed urban planning guidelines.

Several state governments in India have provided a degree of tenure security to poor households. This grants residents of unauthorised settlement specific period licences to their land or an official assurance that the user will not be forced to vacate the property. This security can be given the recognition of "presumed ownership".

PROPERTY RIGHTS

Endowing slum dwellers with mortgageable titles can open the gates to many opportunities for improving health, education and employment and providing entitlements to social programmes. The stresses on account of homelessness are mounting. Solutions will come from pairing passion with entrepreneurship and digging deep into the challenge at hand.

Several state governments in India have provided a degree of tenure security to poor households. This grants residents of unauthorised settlement specific period licences to their land or an official assurance that the user will not be forced to vacate the property.

Social housing has several important aspects in addition to addressing the important needs at the individual family level. These include:

  • A greater sense of safety, pride, dignity and belonging, improved healthcare and sanitation outcomes, and a higher chance of increased school attendance
  • Community participation and engagement for decisions related to building/repairing of homes and the potential building of public services
  • The provision of additional benefits and value-added services to the community, such as insurance, healthcare and education programmes that can collectively raise the quality of living of the community
  • Economies of scale achieved by the community housing loan pool will decrease costs of borrowing and additional benefits such as insurance.

Policymakers, financial institutions and housing experts also need to evaluate their current policies, culture and ways of working. With a thoughtful approach, they can be better prepared to tackle this humongous problem. The government will have to change course and shift away from the legacy mindset before the problem gets out of hand.

(Moin Qazi is a developmental professional with doctorates in English and Economics. He has written books on religion, rural finance, culture, and handicrafts. The views expressed are personal.)