Public Spaces
Public Spaces
7: Public Spaces
National
Coordinator
Technical
Conversion
Module Structure
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dense cities and eyes on the street as advocated by Jane
Jacobs and their relevance in Indian cities are discussed,
especially with reference to street vendors. Section 5
discusses public space from the perspective of gender.In
Brief summarises and concludes the module.
Module Id 6.7
Pre-requisites
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Introduction
Starting from town halls built in ancient cities to the gardens developed by the British
to the parks and public gardens and open maidans in contemporary times -- public
spaces have always held a significance in urban life. Public is a juridical category,
firmly in the ambit of state and law, a contrast to that which is “private” (Gidwani and
Baviskar 2011). In contemporary cities, these spaces include parks, plazas, sidewalks,
community centres, schoolyards, open and green spaces, amongst others. The
fundamental tenets of publicness are freedom of access and accessibility of public
spaces to all groups of the population (Carr et al 1992). Together, these characteristics
render public spaces as “generic destinations for variety of places that host regular,
voluntary, informal and happy anticipated gatherings of individuals beyond the realms
of home and work” (Oldenburg 1989: 16).
An alternative point of entry into the idea of “public” in urban settings comes from
the concept of the urban commons (Gidwani and Baviskar2011:42). These include:
...public goods: the air we breathe, public parks and spaces, public
transportation, public sanitation systems, public schools, public waterways,
and also the less obvious: municipal garbage that provides livelihoods to
waste-pickers; wetlands, waterbodies, and riverbeds that sustain fishing
communities, washerwomen, and urban cultivators; streets as arteries of
movement but also as places where people work, live, love, dream, and voice
dissent; and local bazaars that are sites of commerce and cultural invention.
As is evident, the idea of the “urban commons” differs in significant ways from the
idea of public space in encompassing resources beyond the spatial. Moreover, unlike
“public”, which lie “firmly within the ambit of the state and law”, the commonslie at
the “frontiers” of “territorial grid of the law” (Gidwani and Baviskar 2011: 42).
Moreover, “commons need communities” to safeguard them; in the absence of such
communities, they are vulnerable to privatisation. Nonetheless, these concepts are
closely allied even if they emphasize different features of civic life in the city.
In fact, “public” spaces and “urban commons” have carried varied meanings across
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cultures and across time. The features of open access and accommodation of
difference emphasized by Carr et al and other authors are part of what Caldeira (2000)
calls the “modern and democratic public space” as an “ideal of the open city”. The
work of Caldeira in Sao Paolo, Brazil as well as authors such as Kaviraj (1997) in
India demonstrates how this “modern ideal of public space” is not constant either
across cultures or over time. Instead, the “publicness” of space can become subject to
competing claims, encroachments and enclosure by both elite and subaltern groups.
Indeed, one can also think of spaces that are seemingly public but are actually private.
Examples include shopping malls, spas and beauty parlours, clubs, cafes, gymnasiums
and amusement parks that are accessible to everyone, provided one is able to pay.
Such spaces lie in the gray zone between public and private, but are also increasingly
subject to “privatization”.
Yet, as the discussion of “public spaces” and “urban commons” showed, not only
have notions of “public” varied across cultures and civilizations, scholars have also
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offered varying conceptualizations of it. The next section highlights what Caldeira
(2000) has called the “modern democratic ideal of urban public space” and its
relationship to democratic politics.
In broad terms, space can be differentiated as public and private based on the criteria
of accessibility. In other words, public spaces are “inclusive” because they are
accessible to the general public, for instance, public transport, public gardens and
parks, streets, walkways, sidewalks, footpaths. In contrast, private spaces are
“exclusive” as their accessibility is limited by factors like ownership, use and ability
to pay, for instance, private residences, resorts and hotels. And there is a range of gray
spaces between these categories, including places such as malls, private parks or
recreation facilities etc that may be considered partially private.
What value, if any, attaches to modern public space in cities around the world?
On the one hand is a perspective offered by Amin (2006) who argues that the
“collective promise” of urban public space comes from the “sociability” and “civic
sensibility” it allows, even when these spaces emphasize “consumption” and “leisure
practices” rather than political engagement per se:
Through and beyond the consumption and leisure practices, the experience of
public space remains one of sociability and social recognition and general
acceptance of the codes of civic conduct and the benefits of access to
collective public resources. It continues to be an experience that supports
building awareness of the commons, perhaps one that falls short of fostering
active involvement in the life of a city, but still underpins cultures of
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sociability and civic sensibility.
Amin’s argument thusdownplays the strictly political value of public space. In fact,
the ideas of citizenship, associational life, civic traditions have an important bearing
on the development of public space. It is, therefore, worthwhile to understand the
political significance of public space, especially in democracies such as India. The
next sub-section analyses the political significance of public space.
Each of these places has served as sites of protests at particular points in history. The
JantarMantar made news throughout 2011 because this was the site where the anti-
corruption movement unfolded (Sitapati 2011; Brahmachari 2015). Shivaji Park in
Mumbai has a long history of holding gatherings and meetings, especially those led
by the Shiv Sena (Patel 2006). In Istanbul, citizens protested plans to build a mall
complex that would destroy Gezi Park inTaksim Square; these protests were in news
in major part of 2013 (Shafak 2013; Oktem 2013).Tiananmen Square, long an “empty
space” was transformed into a political public space with student protests in 1989
(Lee 2009).
Public places such as the JantarMantar, Shivaji Park and Taksim Square offer
opportunities for citizens to engage with politics and if necessary, protest against
government actions. In an interesting study on the role of a public place in social
movements, Said (2015) argues that a public space that already has a history of
protests and is labelled as politicised space can itself serve to draw people and
encourage them to participate in a movement. His argument is based on his
examination of the understanding of Tahrir Square and its role played in the Egyptian
revolution of 2011.
Authors have often argued that public spaces are vital for democratic expression
besides their recreational value. Date (2006) cites the example of Mumbai which was
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once famous for its working class militancy, demonstrations and highly disciplined
marches and strikes, but these are increasingly being curbed by government
repression coupled with vanishing public spaces. “The demonstrators are now
confined to Azad Maidan, a colonial era ground and their isolation is enhanced by a
humiliating barbed wire fence” (Date 2006: 3474).
The “modern ideal of public space” may not be the only model of public space but it
provides a powerful link to political expression. The discussion abovesuggests that
any attempt to limit the use of public spaces or privatise public spaces can affect
space for citizens’ dissent in the long run. Thus, the manifold challenges of
conservation of public spacescan be said to be connected to larger questions of
protection of citizens’ rights, crucial for a functioning democracy like India.
Yet, although the “modern ideal of public space” exercises a powerful imaginative
hold, it is important to keep in mind that it is not the only model of public space.
Vernacular Indian concepts of public space differed substantially from this modern
ideal.
The street was the outside, the space for which one did not have responsibility, or
which was not one’s own, and it therefore lacked any association with obligation,
because it did not symbolise any significant principle, did not express any values.
This is a view very different from “civic space”, which has its own “norms and rules
of use of its own, different from the domestic values of bourgeois privacy” (Kaviraj
1997: 98 in Vanka 2014: 35). Thus, such spaces remained under-regulated and
subject to “negotiated use”,not unlike to the commons (Vanka 2014: 20). This is key
to understanding the claims and counter-claims on the street in the Indian context
(Gambetta and Bandhopadhyay 2012), which are examined in sections below.
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Equally, ceremony and celebration remained significant uses of public space in the
Indian context: “South Asian collective activities in open spaces constituted a
fundamental form of expression of the polity” (Freitag 1991 in Vanka 2014: 34). Yet,
colonial policies have led to contestation over both these senses of public spaces in
the Indian city. Citing Freitag (1991), Vanka (2014:37) notes that “the colonists
sought to depoliticize public spaces by categorizing public celebrations of religious
occasions as private events”.
At the same time, older conceptions of public space have allowed the poor to make
claims on it. Kaviraj (1997:108 in Vanka 2014:117) captures the “plebianisation of
public space” by distinguishing “public” from the vernacular “pablik” space, ie “not
owned by individual property owners”, that became subject to livelihood and
squatting claims by the poor. Institutions like the government or municipal authorities
have been more hospitable or less hostile to such claims on “pablik” space (Kaviraj
1997 and Vanka 2014), though that is not always the case as a number of highly
publicized eviction drives in recent years have shown. These various conceptions of
public space come face-to-face in the struggles of street vendors discussed below.
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upon it for private gains.” Thus “privatised” public spaces are an increasingly
prominent feature of cities across the world.
Caldeira(200:297) calls this a process of the “implosion of public space”. As the rich
retreat into their gated communities, public spaces lose social diversity. Encounters
across social class barriers become less and less likely. In Sao Paolo, which Caldeira
(2000) calls a city of walls, processes of gating have been caused and reinforced by
widespread fear of crime, which has physically transformed public spaces by the
presence of high barriers, armed security guards and restricted access to streets.
In what ways does such privatisation matter? As Caldeira points out (2000:234),
“once walls are built, they alter public life.”Based on the Sao Paolo experience, her
work also shows that the “implosion” of urban public spaces can occur alongside
avenues for increasing democratic participation. Indeed, she suggests that the
segregation and intolerance built into public spaces by processes of gating often
represent a reaction to democratization across other spheres.
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The phenomenon pf privatisation of space has played out a little differently across
cities of India. As Kaviraj (1997) as highlighted, public space carries a different set of
meanings in the Indian context. Even so, Date (2006), points out that of the few open
green spaces in the city of Mumbai, several are controlled by private luxury clubs and
other institutions. Several municipal parks are also being privatised with entry fee that
are unaffordable for the poor. Public parks like the Almeida Park in Bandra which are
still fully accessible to the people are turning into rarities. So are eating houses, such
as the historic Irani restaurants that are being converted into other uses (Date 2006).
While walking spaces for common people are neglected, there is a substantial increase
in recreational walking spaces either for jogging and running created by affluent
residents with corporate or government support limited to upper class areas (Date
2006).
Elite civil society organisations (CSOs) expound exclusionary ideas about zoning to
eliminate street vendors and slum communities that encroach upon middle-class urban
spaces. Some of the recommendations of middle-class CSOs reflect their elitiststand.
For instance, in its recommendations on the Scheme for Hawkers in Mumbai, a group
of CSOs maintained that footpaths and roads were just for commuting. The use of
public streets and pavements is, first, meant for the use of the general public; they are
not laid to facilitate the carrying on of private businesses. It is the obligatory
responsibility of the municipal authority of Mumbai to keep public streets free of
obstruction (Singh and Parthasarathy 2010).
Singh (2012) points out that the municipal authority’s guidelines for the maintenance
of open spaces reserved for recreation grounds and playgrounds allow trusts and
citizen groups to manage such plots either on an adoption or a caretaker basis.
Resident Welfare Associations (RWAs) that have adopted public gardens from the
municipal authority for maintenance invariably bar neighbouring slum residents from
entry into the space, on the pretext of maintaining cleanliness.
In contemporary urban India, the urban commons are also being rapidly diminishing
and replaced by new – privatised, monitored – public spaces, such as malls, plazas,
and gated venues(Gidwani and Baviskar 2011:43). It is evident that privatization of
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public spaces in India in particular have differential impacts on different classes and
groups of people, and serve to undercut the poor’s “right to the city”.
Against the backdrop of Kaviraj’s (1997) analysis of the claims on public space by
poorer groups, these processes also recall the “politics of forgetting” and “spatial
purification” invoked by Fernandes (2004), which serves to remove the poor from the
city. The “‘hawker menace’” targeted by middle class associations are seen “as a
threat to a wide array of bourgeois interests, including inconvenience, sanitation, fears
of social disorder and the threat of declining real estate prices for residential areas
marked for relocating hawkers” (Fernandes 2004 quoted in Vanka 2014:10-11)
In her classic work The Death and Life of Great American Cities (1961), Jane Jacobs
critiques the current principles that have shaped modern city planning in the West.
Her critique also applies in developing countries like India. She argues that planners
are concerned about “how cities must look” and not “how cities work.” Planning
works on the principle of segregated land use. There is space allocation for different
activities – industry, leisure, housing, schools, markets and the like.
In reality, cities function quite differently. More often than not cities develop
organically. Most cities carry the imprint of mixed land use. Formal spaces exist with
informal spaces of work, living and leisure side by side. Jane Jacobs propagated the
ideas of “dense cities” and “diversity” as opposed to segregated planned cities. The
social behaviour of people in cities, and the economic behaviour of cities depends on
diversity of both uses and users.
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Jane Jacobs coined the phrase “eyes on the street” to talk about the significance of
mixed land use and diversity in cities. Diversity and mixed land use as opposed to
spatial segregation are important not only for the social life, but also to maintain
public order and safety. Spaces solely dedicated to office use like the Ballard estate,
Nariman Point, BandraKurla Complex in Mumbai become rather “unsafe” at night.
Drawing from the experience of successful and safe neighbourhoods (many of them
quite poor) in Boston, New York, Chicago and Philadelphia, she explains that “the
successful urban neighbourhood required an animated street scene of foot traffic
throughout the day, that in turn was underwritten by a great diversity in housing,
commerce and occupations” (Jacobs in Scott 1999: 277).Jacobs further described this
as a “process of maintaining public order: the curiosity and vigilance of hundreds of
people (small shopkeepers, vendors, fruit sellers, butchers who tended their enterprise
all day) throughout the day doing the unpaid work of sustaining public order” (Jacobs
in Scott 1999: 278).
In his study on street vendors in New York, Mitchell Duneier (1999) explains that
although a public nuisance in the eyes of city authorities, street vendors, in fact,
produce safe public spaces and enhance the quality of life in the neighbourhoods in
which they work.
Indeed, in Indian cities, street vendors and hawkers similarly help maintain safety on
the roads and public order. Sadana (2012) uses Jacobs ideas in her analysis of the
Delhi Metro stations as public spaces, and critiques the rising use of CCTV in place
of “eyes on the street”.
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to do away with all “ugly” things, including encroachments in the form of street
vendors (Singh2012; Anjaria 2006).
Bhowmik (2003) discusses that in a significant judicial case a common street vendor,
Sodhan Singh, who sold garments at Janpath in New Delhi was evicted by the New
Delhi Municipal Corporation, appealed to the Supreme Court through a Public
Interest Litigation. He claimed that the act violated his fundamental rights, more
specifically his right to carry on business or trade (Article 19(1) g). In a very
significant judgment, the Court ruled that,
...If properly regulated according to the exigency of the circumstances, the small
traders on the sidewalks can considerably add to the comfort and convenience of the
general public, by making available ordinary articles of everyday use for a
comparatively lesser price. An ordinary person, not very affluent, while hurrying
towards his home after a day's work can pick up these articles without going out of
his way to find a regular market. The right to carry on trade orbusiness mentioned in
Article 19(1) g of the Constitution, on street pavements, if properly regulated cannot
be denied on the ground that the streets are meant exclusively for passing or re-
passing and no other use (Sodhan Singh vs NDMC, 1989).
The above extract from the Supreme Court judgment is significant because it
emphasises several important aspects of street vending and use of public space. The
judgment notes that street vending, if regulated, cannot be denied merely on the
ground that pavements are meant exclusively for pedestrians. The most important
aspect is that street vendors are exercising their constitutional right to carry out trade
or business hence it should be regulated properly and not abolished.
Note also how the claims made by street vendors echo the negotiations over public
spaces in India described by Kaviraj (1997). Nonetheless, a lot depends on the judiciary
and how its reads and interprets citizens’ right, especially when they conflict with one
another. Scholars have theorised on rights and the use of public space is different ways,
especially with reference to street vending. Nath(2010) explains that the “right to existential
space is the physical space required by a person to follow economic activities in order to
survive and existential space of affluent citizens is bigger and encroaches on the existential
space of the poor. The poor bereft of existential space, that is not affordable for them,
encroach on public space for their survival needs” (Nath 2010: 59). Similarly,Jhabvala (2000)
points out that if we plan for and accommodate street vendors in city spaces, they will not
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obstruct other essential functions, such as traffic flows. Vendors now seem such a nuisance
because there is no place for them, and so any place they occupy belongs to some other
function. Therefore, both national and state policies on street vendors need to feed into urban
plans and schemes.
To understand the linkages between public space and gender one must refer to some
scholarly works done in this area. In their book Why Loiter?Phadke et al (2011)
compel a broader understanding of the linkages between gender and space in cities by
explaining that “loiter” (meaning standing at street corners, doing timepass over chai
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without surveillance, using clean toilets after dark, and indulging in consensual
flirtation and sexual encounters) actually has the potential to change the terms of
negotiation in city public spaces and creating the possibility of a radically altered city
not just for women, but for everyone. They argue that the political project of making
public spaces habitable for women is not enough, women should have the right to
loiter, have fun and seek pleasure without being at risk. Therefore, they shift the
debate from the politics of safety to the politics of pleasure by adding another
dimension in the gender and public space debate.
Urban design, city planning and infrastructure, especially public places like public
toilets and public transport tend to restrict women’s access to public spaces. Take the
case of public toilets. Women’s access to public toilets in cities is abysmally low.
Even when limited access is available, they are unclean and pose serious threat on
women’s health. Public toilets also pose security and safety challenges and also carry
the threat of sexual violence. In a study on these issues, Sharma et al (2015) note that
“Women are often sexually harassed, teased, mocked at, or molested on their way to
public toilets”…while their safety is threatened by factors such as poor/faulty design
of the cubicles (open roofs letting men peek in); poor maintenance (broken latches
and doors); inadequate lighting; men and boys loitering around, and the absence of
female attendants”(Sharma et al 2015:73).
In Brief
This module introduced to the concept of public spaces, the many meaning it carries
in different cultures and scholarly interpretations, the significance of public space in
urban life and its political significance. The various challenges around public places
in contemporary urban contexts were discussed with special reference to the rise of
privatised gated communities and other privatised public spaces like shopping malls
that result in the shrinking of public spaces. Increased privatisation in turn is related to
new modes of city planning driven by private capital and aspiration of world class
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cities. This mode of city development (with a weakened focus on public
goods)invariably leads to greater struggles and contestations among citizens. This
contestation, especially in relation to public spaces is brought out with the case of
street vendors in India. The importance of dense cities and diversity are brought out,
especially with reference to the presence of street vendors in cities in the discussion
on the importance of public space, public order and safety in cities. The judiciary,
academia, civil society groups and street vendors’ associations have interpreted the
issue of citizens’ rights in varied ways and the ensuing discourse has further
complicated the questions relating the use of public space, rights and attendant
contestations. The discussion on gender in relation to public space is significant
because it brings out challenges that women face in the access and use of public
spaces on a day to day basis.
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