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Resolving disputes, avoiding litigation in India

Shanker Lal's picture
An overhaul of Dispute Boards looks to prevent delays in the creation of new infrastructure, such as the construction of roads and railways.
Photo: Simone D. McCourtie / World Bank

A significant percentage of government spending in India goes towards the creation of new infrastructure like the construction of roads, ports, railways and power plants. Construction contracts, however, often have a reputation for disputes and conflicts between contractors and governments. Such disputes ultimately delay implementation of the contracts and increase total costs, adversely impacting development outcomes of the projects.

Many countries have found that Dispute Boards offer an effective mechanism for resolving these issues in a timely and cost-effective manner. These boards, composed of one to three members, are set up upon commencement of a contract and help the involved parties avoid or overcome disagreements or disputes that arise during the contract’s implementation. The boards are less legalistic, less adversarial, less time consuming and less costly than options for resolving disputes within the legal system, including arbitration and litigation.

A 2004 study (PDF) shows that Dispute Boards have been successful in resolving even the most strenuous disputes with an almost 99% success rate. The savings in using these boards are enormous: another study indicates that in almost 10% of projects, between 8% and 10% of the total project cost was legal cost.

The jobs challenges of urbanization in India and Pakistan

Michael Kugelman's picture
Michael Kugelman, guest blogger, is the senior associate for South Asia at the Woodrow Wilson International Center for Scholars in Washington, DC.
A busy train station in Mumbai, India. Photo: Simone D. McCourtie / World Bank

India and Pakistan are urbanizing at remarkably rapid rates. India’s urban population has increased from less than 20 percent of its overall population in 1951 to more than 30 percent today. In Pakistan, the share of the urban population—well under 20 percent in the 1960s, is more than a third today.

What India’s successful rural development programs can teach the world?

Ethel Sennhauser's picture

In India’s southern state of Tamil Nadu, I met young ex-farmers who had moved out of farm jobs and were now working in factories and government offices.  Their day to day circumstances weren’t all that different from millions of others around the world.

But yet, the people I met were remarkable.  There was the disabled young man who, with skills training, found an IT job and a life outside his home, and is now supporting his mother.  There were also women Self Help Group (SHG) members who, with support from their female Panchayat Leader, Pushpa, were helping to better the lives of their communities. They worked to improve water supply, build toilets and boost sanitation, and also found jobs in agro-processing.

My time in India made it clear to me that opportunity can change lives - especially in rural areas, where 78% of the country’s poor people live. 

Opportunity can come in various forms. It can come in the form of social empowerment - by giving voice to groups that are often marginalized, such as women, youth and disabled people.

It can also come in the form of jobs - through skills training, job placement programs and other services that help people secure formal employment. 

Jobs and social empowerment are two different opportunities. But they can be related: They both share transformative effects that are positive, and can multiply in unexpected directions.

For example, as women gain more confidence, their voices are listened to on a variety of matters within the home - such as on family planning and how to spend family incomes - improving the lives of their children and their families. Collectively, the power of their voices expressed through SHGs and other groups can bring about change on a larger scale, impacting the wider community as a whole.
 
Photo credit: Irina Klytchnikova



Jobs, too, are known to have transformative effects. They give people the economic resources to improve their quality of life, open up new opportunities and enable them to engage with the outside world.

Pathways to Prosperity: An e-Symposium

Urmila Chatterjee's picture

Blog #11: Since 2005, fewer jobs for women in India

India is home to the largest number of poor people in the world, as well as the largest number of people who have recently escaped poverty. Over the next few weeks, this blog series will highlight recent research from the World Bank and its partners on what has driven poverty reduction, what still stands in the way of progress, and the road to a more prosperous India.

We hope this will spark a conversation around #WhatWillItTake to #EndPoverty in India. Read all the blogs in this series, we look forward to your comments. 

Female labor force participation in India is among the lowest in the world. What’s worse, the share of working women in India is declining.  This is a cause for concern since higher labor earnings are the primary driver of poverty reduction. It is often argued that declining female participation is due to rising incomes that allow more women to stay at home. The evidence, however, shows that after farming jobs collapsed post 2005, alternative jobs considered suitable for women failed to replace them.

Pathways to Prosperity: An e-Symposium

Martin Rama's picture

Blog #10: Three job deficits in unfolding India story

India is home to the largest number of poor people in the world, as well as the largest number of people who have recently escaped poverty. Over the next few weeks, this blog series will highlight recent research from the World Bank and its partners on what has driven poverty reduction, what still stands in the way of progress, and the road to a more prosperous India.

We hope this will spark a conversation around 
#WhatWillItTake to #EndPoverty in India. Read all the blogs in this series, we look forward to your comments. 


Rising labor earnings have driven India’s recent decline in poverty.  But the quantity and quality of jobs created raise concerns about the sustainability of poverty reduction, and the prospects for enlarging the middle class. The period after 2005 can be best described as one of a growing jobs deficit. Three deficits actually: i) a deficit in the overall number of jobs, ii) a deficit in the number of good jobs, and iii) a deficit in the number of suitable jobs for women. 

Is South Asia ready for a Regional Motor Vehicles Agreement?

Sanjay Kathuria's picture
Trucks loading goods
Trucks waiting to unload their goods in Bangladesh. Photo By Erik Nora/World Bank

Judging by the number of views of the recent Facebook livestream event on intra-regional trade and investment in South Asia, there is significant interest in this topic. And there should be, given that there remain many important and untapped opportunities to use the power of trade and investment to enhance economic opportunities, including for lesser-skilled people and women in the region.

According to respondents of the Facebook poll conducted during the above event in May 2016, the most important policy to enhance intra-regional trade would be to invest in connectivity and border crossings.  Policy makers seem to realize this as well. Over the last two years, new efforts to deepen South Asian cooperation in trade have focused almost exclusively on trade facilitation issues. Let me elaborate.

How much of China’s apparel production can South Asia capture?

Raymond Robertson's picture
Clothing Manufacturing
Apparel manufactuaring has the potential to provide much needed jobs to women in South Asia
Photo by: Arne Hoel/World Bank

China now dominates the global apparel market – accounting for 41% of the market, compared with 12% for South Asia. But as wages in China continue to rise, its apparel production is expected to shift toward other developing countries, especially in Asia. How much of China’s apparel production can South Asia capture and therefore how much employment could be created? This is important because apparel is a labor intensive industry that historically employs relatively large numbers of female workers. 
 
In our new report, Stiches to Riches?, we estimate that South Asia could create at least 1.5 million jobs, of which half a million would be for women. Moreover, that is a conservative estimate, given that we are assuming no changes in policies to foster growth in apparel and address existing impediments.

Guess how many private infrastructure projects reached closure in 2015 in the poorest countries?

Laurence Carter's picture
 

Just fourteen projects in energy, transport and water/sanitation.  In only eight countries. Totaling $2.7 billion.
 
There are 56 IDA countries (excluding three “inactive” and a few rich enough to count as “IDA blend”) defined as having per capita income under $1,215.  This 2.7 billion in IDA countries compares to total private infrastructure investment commitments of $111.6 billion in all emerging markets in 2015 per the recently released Private Participation in Infrastructure database.
 
In recent years, the number of projects and investment amounts of private infrastructure in IDA countries hasn’t increased.  If people living in the poorest countries are to get better access to energy, transport and water services, and if we believe that the innovation, management capacity and financing of the private sector working together with governments is essential to help make that happen … well, then we need a step change.
 
We know to make a difference requires dedication and a long term vision.  One part of that ambitious change is the Global Infrastructure Facility (GIF).  The GIF is a global open platform to help partners prepare and structure complex infrastructure public-private partnerships (PPPs) in emerging markets, and to bring in private sector and institutional investor capital.  The GIF platform integrates the efforts of multilateral development banks (who as Technical Partners choose which projects to submit for GIF funding), private sector investors and financiers, and governments to bring infrastructure projects and programs to market.  No single institution can achieve these goals alone.  The GIF’s Advisory Partners, which include insurers, fund managers, and commercial lenders, and which together have $13 trillion in assets under management, provide feedback to governments on the bankability of projects.

Well-regulated financial technology boosts inclusion, fights cyber crime

Joaquim Levy's picture

Luceildes Fernandes Maciel is a beneficiary of the Bolsa Família program in Brazil. © Sergio Amaral/Ministério do Desenvolvimento Social e Agrário

Financial technology — or FinTech — is changing the financial sector on a global scale. It is also enabling the expansion of financial services to low-income families who have been unable to afford or access them. The possibilities and impact are vast, as is the potential to improve lives in developing countries.

The financial sector is beginning to operate differently; there are new ways to collect, process, and use information, which is the main currency in this sector. A completely new set of players is entering the business. All areas of finance — including payments and infrastructure, consumer and SME credit, and insurance — are thus changing.

Chart: India lifted 133 million people out of poverty between 1994 and 2012

Ambar Narayan's picture
This blog post is part of the India: Pathways to Prosperity blog series

India is home to the largest number of poor people in the world, as well as the largest number of people who have recently escaped poverty. Despite an emerging middle class, many of India’s people are still vulnerable to falling back into poverty, making the country uniquely placed to drive global poverty reduction. In the last few weeks, a new blog series analyzed publicly available data to better understand what has driven poverty reduction from the mid-1990s until 2012, and the potential pathways that can lead to a more prosperous India. Learn more
 


 

 


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