legally bound: documentation book

8/10/2019 Legally Bound: Documentation Book

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Through the Lens of Law and Design ThinkingLEGALLY

BOUND

Authors : Ananya Singh, Bidisha Das, Koyal Chengappa,Mariett Breton, Shambhavi Singh, Varda Schneider


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Through the Lens of Law and Design Thinking

LEGALLY

BOUND

Authors : Ananya Singh, Bidisha Das, Koyal Chengappa, Mariett Breton, Shambhavi Singh, Varda Schneider

ROOTS : LAW, ENVIRONMENT AND DESIGN LAB

Report Prepared under a Creative Commons License forLaw, Environment and Design Laborartory(LED Lab), January - April 2013Srishti School of Art, Design and Technology,Bangalore, India


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ACKNOWLEDGEMENTS

As part of this project we would like to thank Dr. Deepta Sateesh and MsArpitha Kodiveri. Their guidance, patience and insightful comments, hardquestions and encouragement has been of immeasurable value for us from

research to ideation to final execution. We could not have imagined bettermentors for this project.

We also want to extend our deep gratitude to Natural Justice, Sahjeevanand the Shuttleworth foundation for their steady support and inputsthroughout the project.

We would finally like to thank Srishti School of Art, Design and Technologyfor providing the space to explore design in a more social context, not justin understanding the context but also in coming face to face with it andworking towards concrete goals and their execution.

We would like to extend our sincere gratitude to the Maldhari communityfor their time and patience and incredible hospitality.


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1.Executive Summary 6 - 6

1.1 Project understanding 6

1.2 Problem Statement 6

1.3 Vision Statement 6

1.4 Goals 6

1.5 Proposals 6

1.6 Methodology 6

2. Background 7 - 7

3. Existing Conditions 8 - 13

3.1 Community 8

3.2 Culture and Practices 8

3.3 Religion 9

3.4 Livelihood 9

3.5 Livestock 9

3.6 Conservation in Kutch 10

3.7 Industrial Growth 12

3.8 Water 13

4. Analysis 14 - 24

5. Challenges 25 - 25

6. Outcomes 25 - 25

6.1 Graze - An experimental documentary film 25

6.2 Claim - Rooting the Right 25

7. Next Steps 26

List of Figures

Fig 1. SWOT Analysis 14

Fig 2(a) and (b). 5 WHYs 15

Fig 3. Context Panorama 17

List of Maps

Map 1. Talukas Map 7

Map 2. Natural Resources 20

Map 3 Urban and Industrial Landscape 21

Map 4. Pasture lands in Talukas 22

Map 5. Sancturies and Ecology 23

Map 6. Legal Map 24

CONTENTS


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1.1 Project understanding

This project is a student project run by the LED Lab. It focuses on examin-ing the problems being faced by the Maldhari community in Kutch andthe use of the Forest Rights Act 2006 to resolve these problems. Theforest rights act passed in 2006 was focused on ensuring environmentalstewardship with the local communities while giving them rights overtheir ancestral land. The project involves a thorough understanding of theForest Rights Act (2006) and examining its effectiveness on the ground in

addressing the grievances of the local communities in Kutch using variouscreative media.

1.2 Problem Statement

The Maldharis, traditionally a pastoralist camel herding community inKutch, in the state of Gujarat (India) and are being marginalized under theIndian Forests Act, 1927 that states:The State Government may constitute any forest-land or waste-landwhich is the property of Government, or over which the Government hasproprietary rights, or to the whole or any part of the forest-produce ofwhich the Government is entitled, a reserved forest in the manner hereinafter provided.

Declaration of the Chhari Dhand district as a conservation reserve in 2003

and carrying out reforestation activities in the mangroves forest in Lakh-pat Taluka, the Maldharis have been restricted in accessing these areas1.This has lead to lack of adequate grazing pastures for the camels herdedby the Maldhari community. Growths of industries near the coastal regionof Kutch on the other hand have affected the communitys cultural, social,economic and environmental relationships. The restricted access to graz-ing pastures and resources is having an adverse effect on their traditionallivelihood and practices. The question of defining Development and futureeconomic empowerment of the community also form a part of under-standing the problems faced by the people.

1.3 Vision StatementThe projects aim is to enable the community gain access to grazing pas-tures within the framework of the law. In order to achieve that, the very

root of the problem must be worked, which is lack of awareness of the lawitself and its effective use. Another side to this is also to question the cur-rent model of development that favours economic growth as a benchmarkof development.

1.4 Goals

To achieve the above vision the following goals are proposedSocial Goals:Enabling the community to articulate their identity and toput the community on the map.Legal Goals: To create awareness for the community about the ForestRights Act, 2006; and to empower them to be able to understand and ap-ply legal strategies for different problems.Developmental Goal: Raise questions about the models of development

and suggest alternatives.

1.5 Proposals

In our proposals we intend to map community values, cultural, social,economic and ecological processes and practices through various designtools and forms of media including film, maps, infographics, posters, thea-tre, story telling, games for advocacy and capacity-building. We hope toshowcase these design interventions and tools developed to communitiesand agencies.

For the Community:To create an interactive game that helps in understanding and strategizingthrough the law and applying their learning to claim their rights.- To create workshops involving discussions and talks with the community

members.- To use infographs to help them understand administrative structures.

For the Government:- To make a film/ animation and infographic/posters in order to challengethe existing model of development and expose the communitys vulner-abilities and relationship with the environment.

1.6 Methodology

The methodology for field study involved taking extensive interviewswith four community members belonging t o Fakirani Jat community, andtheir family members. the interviews were conducted in Chari Dhand andMohadi. To analyse the collected data various design tools were used.The Swot analysis was used to assess strengths and weakness along with

future possible threats and opportunities. During the course of project,5 Whys was used in which at every subsequent step of the informationasking why. Use of a motivation matrix helps understand the interests ofeach rightholder in the existing conditions. And finally with the use of acontext panorama, conections between the activities of each right holder

1 Section 36, Indian Forests Act, 1927.

1. EXECUTIVE SUMMARY


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The district of Kutch, forms a part of the state of Gujarat in western India, spread over an area of 45,652 km, making it the largest district of India. Kutch is characterized by a dry and arid climate 2. It is surrounded by the Gulf ofKutch and the Arabian Sea in the south and west respectively, while the northern and eastern parts are surrounded by the Great and Small Rann (seasonal wetlands) of Kutch. The Rann is seasonally flodded with water. The northernedge of the Rann of Kutch shares its border with Pakistan. The district is also famous for the ecologically sensitive Banni Grasslands and their seasonal marshy wetlands, which form the outer belt of the Rann of Kutch. Other kindsof ecosystems in the region are the Southern Tropical thorn forest (2nd largest after Sunderban), Agro ecosystems and Mangroves Forests and Mudflats along the coast. This region is also characterised by various wildlife sanctuariesand protected forests like the Narayan Saraovar Wildlife Sanctuary,Kutch Bustard Sanctuary, Wild Ass Sanctuary , Banni Protected Forests, Kutch Desert Wildlife Sanctuary, Chari Dhandh Conservation reser ve3.

2. BACKGROUND

2 Kutch (Last visited on April 6 2013). 3 Field Notes The live voice of Kutchi society . 4(Last visited on April 6,2013).

Kutch State was a state within the Republic of India from 1947 to1956. The present day Kutch State was formed out of the terri-tory of the former princely state of Cutch, with its capital as Bhuj,whose ruler (Maharao Sri Vijayaraji) had acceded to the Domin-ion of India with effect from 15 August 1947. The administrationof Kutch after accession, however, remained in the hands of itsformer ruler until his death on 26 February 1948, when it thenpassed to his son, Maharao Shri Meghraji. On 1 June 1948 the ad-ministration was transferred to the Government of India, workingthrough a Chief Commisioner4.

Map 1: Talukas Map


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3. EXISTING CONDITIONS

3.1 Community

According to the official Census 2011 detail of Kutch, by Directorate ofCensus Operations in Gujarat, in 2011, Kutch had population of 2,090,313of which male and f emale were 1,096,343 and 993,970 respectively. Theinitial provisional data released shows that the district has a populationdensity of 46 inhabitants per square kilometer (120 /sq mi). Its populationgrowth rate over t he decade 2001-2011 was 32.03%. Kutch has a sex ratioof 907 females for every 1000 males, and a literacy rate of 71.58%. Out ofthe total Kutch population for 2011 census, 34.72 percent lives in urbanregions of district and 65.28 % of the population lives in rural areas of vil-lages, hence making it predominantly rural with 23.3 % of the populationfalling below the official poverty line5.

There are different pastoralists and agrigultural communities living inKutch. Some of them being Bharvads, Mirs, Rabaris, Dangasias, Kolis, Ahir,Jats Maldharis, and Meghwal. The Maldhari community is native to Kutch.The Jat Maldharis are traditionally pastoralist camel breeders who breed2 types of camels. About 500 years ago, they came from Halaf area inIran to Sindh and Kutch in search of new grazing pastures. Some settledthere and took up farming, they called themselves Garasia Jaths Oth-ers who became herders of cattle were known as Dhanetah Jaths, whilethose choosing to devote themselves to studying the Koran were calledFakirani Jaths6. The literal meaning of Maldhari is owner of animalstock. They are notable as the traditional dairymen of the region, and oncesupplied milk and cheese to the palaces of Rajas.

Under the rulership of Jadejas, there was a system of Grasdhars each ad-ministering one of the 23 sub-eco regions of Kutch. Historically, they paidPancheri (grazing tax) to the Grasdhars in exchange for the right to grazethe animals in the Banni7.

Their daily diet includes camel milk and Pearl millet bread (bajre ki roti).Some of them have ration cards and generally the leader of the commu-nity gets food for the entire community from Ration shops in close by vil-lages. The adults are not formally educated, but now some of the parentsare sending their children to government schools in villages8.

3.2 Culture and Practices

The language spoken predominantly is Kutchi, an Indo-Aryan language.Kutchi is similar to the Sindhi, spoken in neighbouring Sindh, Pakistan andparts of India. It has borrowed some vocabulary from Gujarati 9. The JatMaldharis women engage in beautiful and manual embroidery, where theyclosely stitch patterns and use small mirrors within the patterns. Ply-splitbraiding is an ancient craft done by the Maldharis used predominantly formaking camel girths (called vana in Kutchi) and is mostly made by hand-woven goat hair and camel wool10.

The Maldhari community uses their traditional knowledge to also curemajor and minor ailments for themselves as well as the camels. : Camelmilk is rich in medicinal value and an easily available resource, the milkcombined with jaggery and turmeric is extremely effective for the com-mon cold especially during winters. Their answer to measles too is drinkingwarm camel milk for three days. For a fever, goats milk is rubbed all overones body which is succeeded by wrapping oneself in a blanket. Duringpregnancy, the community brings in the experience of the older womenfrom nearby villages, also referred to as Daimas. In the absence of theseDaimas, they go to the nearest medical facility available to them11.

The Maldharis also use indigenous techniques in dealing with certainmedical conditions and minor ailments in the camels. A practice observedfirsthand during field research, the Maldharis demonstrated a techniquethat helped the mother camel recognise the offspring and start feedingit. They used wet mud obtained from the nearby fertile areas along thewater bodies and blocked the mothers nose with it, using strips of cloth tohold it in place. The camel continued to comfortably breathe through hermouth whilst her offspring was tied very near her. Both the mother andthe offspring were left together like that for a couple of hours. Later ontaking off the cloth and unblocking the mothers nose enabled her to rec-ognize her offspring whose scent is the first she got to smell. Subsequentlythe mother fed the offspring. Also during the camels childbirth sometimesthe placenta doesnt fall off. In order to facilitate that the female camel isfed camel milk with ash12.

5 District census 2011 (Last visited on April 6,2013). 6Asanjo Kutch, connecting Kutchis globally, kucthi digital e- directory, http://www.asanjokutch.com/content/jats.asp?main_cat=people (Last visited April 6, 2013). 7p. 4 ch-3, Banni PashuUchherak Maldhari Sangathan, The Biocultural Community Protocol of Maldharis of Bannis. 8Field Notes. 9Asanjo Kutch, connecting Kutchis globally, kucthi digital e- directory, http://www.asanjokutch.com/content/jats.asp?main_cat=people (Last visited April 6, 2013). 10Field Notes. 11Field notes. 12Field notes


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3.3 Religion

Fakiranis believe in different heroes and Goddesses. All Jats are SunniMuslims andcant marry outside of their group of people. They celebrateBakri Id and Ramzan but do not have Tazias during Moharrum. Visits toGotarka Gaon are common during Urs to pay homage at Dada MahavaliPirs dargah. The men go to the nearby village to read the namaaz, anduse the tradional method of seeing time, relying on the sun for when theyhave to pray.The Sunni Muslims follow their own Pirs. They give contribu-tions to the Tomb of a Jat woman, Mai. Even if they are Muslims, theybelieve in Shakti puja. The Fakirni Jaths believe in Savla Pir, as do Muslimand Hindu nomads of western Kutch, whose tomb is on mud island in acreek off Koteshwar in Lakhpat .

3.4 Livelihood

The economy of Kutch district had been principally pastoralist. The semiarid climate and shallow soils of this region support vegetation comprisingof short annual grasses. However post 1948, since Kutch got integratedinto the policies of the union government, the first five year plan, gavestrong weightage to agriculture economy promoting agricultural and ir-rigation facilities, and in the process neglecting the pastoralist communi-ties and the unique ecosystems that support it. With its integration intoBombay and then later with formation of the state of Gujarat, 1960 Kutchbecame a victim of dryland blindness . This has affected the way thepastoralists are looked at and on their livelihood practices as well. Scarcityof ground water and lack of access to grazing pastures have made it dif-ficult for them to continue with their traditional practice of herding .The Jat Maldharis usually live in tents or they stay in camps. Traditionallysemi-nomadic camel and cattle-rearers, they have houses made of reed(Pakha) that are easily folded and carried from place to place .These semi-nomadic herders spend eight months of the year criss-crossingsparse pasturelands with their livestock (camels) in a search for fodder.While the men are the ones travelling with the camels on foot for graz-ing, the women are usually busy with household work preparing fodder forthe camels apart from other daily activities like getting water and otherhousehold activities. During the monsoon season, the Maldharis generallyreturn to their home villages or go to the hills with their livestock, as morenew grass grows closer to home during the rains .

3.5 Livestock

The livestock that the Jat Maldharis herd is camels. There are two kinds ofcamels found in Kutch- Kutchi and Kharai.Kutchi Camels are found inland in the Grasslands. Their body size is

smaller than that of a Kharai camel and they have a round size back. Theirhead is larger, with a thicker neck and erect ears withtips that are slightlycurved inside. The males are used for draft purposes in and outside Gu-

jarat, while the females are used for milk purposes. The camel feeds onvarious plants species, the most nutritious being Babool, Lano (Suaeda-dominant) and Khari Jar (Salvadora persica).

These camels are moved around 10-15 kms in a way to avoid overgrazing.The Kharai camel is a unique species of camel found in Kutch. It is an Eco-Tonal species which implies that it can live in both a dry-land ecosystemor even in a coastal ecosystem. This kind of camel can swim for more than3kms in the bet of Kori creek and Gulf of Kutch in order to graze on Man-groves. Like the kutchi camels the females of this species is used for milkwhile the males usually for draft uses. Camels are selective feeders andthey only feed on the leaves of the shrubs or trees. The grazing of Kharaicamel in the mangroves facilitates optimum defoliation. And apart fromthe few days in the monsoon when the camels feed on mangroves, theyalso graze on babool, lano and Khari jar .

As mentioned earlier the main source of income for the Jat Maldhariscome from selling the young and adult male camels and the females theykeep. Some members of the Maldhari community do not own camels andtraditionally they are given camels by the Rabari community (anothercommunity from this region) on monthly grazing charge of Rs 30-50.Since they only sell camels and not any other milk or wool product thetotal income is quite less and whatever little savings they have go back tothe merchants from whom they take money on credit for ration .Since the communitys entire livelihood depends upon breeding and herd-ing camels, the camels health and number are extremely important for thecommunity. They have a deep attachment with these animals and the landthey live in. it grieves them deeply as not enough money can be gener-ated from herding camels and that many of them have to give up theirtraditional livelihood and move into working with industries. Their anothermajor concern is the increasing diseases and diminishing numbers of thecamels . Over past few years the number of camels falling ill from diseaseslike Khaji (fungal infection in the skin)and Fitoda (a disease where thebrain stops working) have increased. Although an animal camp for camelswas set up by the state government, in the year 2012 in this region, fewsteps have been taken to provide medical facilities for the camels beforethat . The numbers of camels have drastically dropped over past one dec-ade. In four years the camel population dropped 20% from 10,477 in 2003to 8,575 in 2007 .Over the years conservation initiatives taken on by the forest departmenthas excluded the community participation and in the process excludedthe camels also from grazing on the pasture as the community and theirlivestock is looked as encroachers upon forest and wetlands. The decline

in the immunity and health of the camel come from not being allowed tofeed on these plant species as they come under these conserved areas. Thereport will discuss the crucial role of both conservation Laws and currentmodels of development promoting rapid industrialisation in Kutch, actu-ally cornering the local communities, in this context the Jat Maldharis andforcing them to drift away from their traditional lifestyle.

13Islamic customs and festivites < http://www.indiainfoweb.com/gujarat/tribes/jaths.html > (last visited April 6,2013).14Lyla Mehta, Drought Diagnosis:Dryland blindness of planesrs,state and water resources, Economic and Political weekly, (July1-7, 2000) vol.35, no.27, page no.2439-2445. 15Field notes.16Field notes. 17Field notes. 18Field notes; Sahjeevan, Kharai camels, Amazing Breed of Kachchh, Rearing practices, October 2012. 19Field notes. 20Sahjeevan, Kharai camels, Amazing Breed of Kachchh,Socio Economic status and lifestyle of Kharai Camel Breeders, October 2012. 21Field notes ; The Indian Express< http://www.indianexpress.com/news/mangrove-eater-that-swims-may-be-unique-kutch-camel-breed/750132/0>(Last visited April 5,2013). 22Field notes. 23The Indian Express < http://www.indianexpress.com/news/mangrove-eater-that-swims-may-be-unique-kutch-camel-breed/750132/0>(Last visitedApril 5,2013)


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3.6 Conservation in Kutch

In India there is a thorough legislative framework for conservation in place. Under the Indian Forest act 1927 and the Wildlife Protection act,1972, the government can declare a forest land, for the purpose of conservation, a reserve,protected area or a sanctuary24. In May 1955 the Banni Grasslands were declared a protected area under the Indian Forest Act, 1927.In 1972 under the Wildlife Protection act,1972 the Wild Ass sanctuary was declared. SubsequentlyLocated in the Great Rann of Kutch, the Kutch Desert wildlife sanctuary was declared in 1988.The Great Indian Bustard sanctuary was declared in 1992 25. The controversial Narayan Sarovar Sanctuary situated in the Lakhpat Talukawas notified as a sanctuary in 1981 and then denotified in 1993 in order to allow minning. This decision was challenged by environmental activists however the state government was convinced that the rich deposits of limestoneand other minerals in this region were essential for mining for larger development purposes 26.Apart from the Indian Forests Act,1927 and the Wildlife Protection Act,1972, the Environment (protection) Act, 1986 declares a Coastal Regulation Zone, which prohibits discharge or untreated water, deposit of industrial waste,Land reclamation and Bunding so that the coastal environment remains protected27. In order to manage and advise the government over Mangrove conservation, not just in Kutch but in the entire country, the Government of Indiaset up a National Mangrove Committee in the Ministry of Environment and Forests in 1976 28. In the present study the Mangroves in Lakhpat Taluka and Chari Dhand conservation reserve will be discussed in more detail with regardto conservation activites carried out there.

Mangroves in Lakhpat Taluka

About 90% of mangroves of Gujarat are present in the gulf of Kutch,mainly along the coastline in Kori Creek, Mandvi and Jamnagar. The Koricreek shares the border with Pakistan and constitutes a huge amount ofGood Forests in Gujarat which comprises of around 60% of all the man-groves in the state. . According to the forest department the mangrovecover in had consistently reduced due to camel grazing, cutting and lop-ping. Subsequently in 1986- 87 the government of India initiated a schemeon conservation and management of mangroves in the region of Kutch29.

The National Mangrove Committee in the Ministry of Environment andForests suggested extensive surveys and research on this delicate eco-system and advised the government on a number of action plans for themanagement and conservation of the Mangroves . the state governmenthas since then notified an area of 1324.4 sq LAN (665.9 sq. LAN in Jamna-gar, 529.5 sq. LAN in Kutch and 77.7 sq. LAN in Rajkot) as Cher (Avicenniamarina, the main species of mangroves) forests. After the afforestationdone in the years after 1986, the cover increased drastically however. Thecyclones of june 1998 and May 1999 destroyed most of this cover againleaving only about an area of 395 sq km of mangrove forest 30.

As of now the afforestation activities continue and any king of humanactivity is prohibited in the region. This in a way has caused problems forthe Maldharis. The Kharai camel that needs to graze upon the mangrovesis not allowed to do so anymore. Also nothing is being done government

authorities to supplement this lack of nutrition coming from mangrovesaffecting the immunity and health of the camels themselves. They are fall-ing sick more often and their numbers as mentioned earlier are reducingtoo31.

24Section3, Indian Forests Act, 1927; Ajit D. Padiwal vs Union Of India (Uoi) And Ors. On 23February, 1998, para1- http://www.indiankanoon.org/docfragment/86198/?formInput=Ajit%20D.%20Padiwal%20vs%20Union%20Of%20India> (last visited on April 5, 2013). 25Wildlife < http://www.gujaratforest.org/>(last visited April7,2013). 26Striking a Balance (last visited April7,2013). 27Rajiv Kumar, Management of Mangroves in India < http://www.fao.org/docrep/x8080e/x8080e07.htm > (last visited April 5,2013). 28Rajiv Kumar, Management of Mangroves in India< http://www.fao.org/docrep/x8080e/x8080e07.htm > (last visited April 5,2013). 29Mangroves, Forest Department Gujarat < http://www.gujaratforest.org/wildlife-mangoves.htm > (last visited March16, 2013). 30Mangroves, Forest Department Gujarat < http://www.gujaratforest.org/wildlife-mangoves.htm >(last visited March16, 2013) ; The Hindu, Sunday June 11, 2000. 31Field notes


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Chari Dhand Conservation Reserve

Chari Dhand stands as the largest wetland in the region of Kutch. It ishome to a plethora of rare and important species of flora and fauna. Lo-cated at the convergence three ecosystems namely the Sukha Rann, BanniGrasslands and the Bhuj ridge, Chari Dhand is a shallow depression wherethe water collects during the monsoons and forms a wetland at the foot ofthe Bhuj Ridge32.

In 2008 this wetland was declared as a conservation reserve in order toprotect various threatened species. This region has over the years encoun-tered decrease in the number of plant and animal species leading them tocome under the category of endangered or threatened species. A study hasshown a total of 10 threatened bird species in this region (GUIDE,2009).The common crane and the wolf are some of the threatened species inthis region. Similarly according to the zoological survey of India specieslike the spiny- tailed lizard, desert monitor and common Indian monitorare other endangered species.

The Biodiversity Conservation Prioritization Project (BCPP, 1997) assessedthe Indian Wolf, Desert Fox, Jungle Cat, Striped Hyena and Ratel as threat-ened mammal species. The international Union for Conservation of Nature(IUCN) listed the White e yed Buzzard, Pallid Harrier, Common Kestral,Dalmatian Pelican, Lesser Flamingo, Gull-Billed Tern and Pied Tit as endan-gered species of flora and fauna33.

In 1960 to fight the rapid desertification in Kutch a plant species ProspisJuliflora was introduced. This species however has proved to be invasiveover time and has congested the region leading to diminishing nativegrasses, research reducing the grassland near the banks of the wetland 34.Field research suggested that the forest department is trying to uproot theplants in order to counter its rapid spread 35.

Certain plant species native to this region form a vital part of the Katchicamels diet. The Suaeda-dominant (Lano) forms a part of their diet in thepeak summer season. Along with this the camels graze upon Salvadorapersica known as Khari Jar is a source of nutrition for these camels. Theherders take the camels to graze throughout the Chari Dhand often trav-elling for 20-25 kms in one day. This radius however has shrunk in pastcouple of years since the declaration of Chari Dhand as a conservationreserve. The herders are now only able to take their camels as far as 10-15kms and often concerned about the kind of shrubs available to the camelsfor grazing36.

32p.3 ch.1,Sahjeevan, Ecosystem- Human Interactions in the Chhari Dhand CR, Final report, 2012. 33p.4, ch.1, Sahjeevan, Ecosystem- Human Interactions in the Chhari Dhand CR, Final report, 2012. 34p.22, ch. 3, Sahjeevan, Ecosystem- Human Interactions in the Chhari Dhand CR, Final report, 2012.35Field notes. 36Field notes ; p.19, ch. 2, Sahjeevan, Ecosystem- Human Interactions in the Chhari Dhand CR, Final report, 2012


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3.7 Industrial growth in Kutch

Rich in mineral deposits like Limestone, Lignite, Laterite, Bentonite, Kutchhas attracted huge industrial investment over time. Also the industrialpolicy in Gujarat is pro industry .The announcement of the new economicpolicy in 1991 by the Central Government offered a new opportunity toenhance Gujarats pace of industrialization. The State Government an-nounced three industrial policies during the 90s that was the foundationof the aforementioned industries in Gujarat. The State industrial policy in1990-95 was dominantly economic reforms. So far the outlook towarddevelopment in Gujarat has been that of rapid industrialisation37.

Kutch currently possesses 12 Special Economic Zones (SEZ), 13 Industrialestates and 3 Industrial parks. The high calorific value38of the mineralsand potential fuels obtained from the land combined with its low mois-ture content is what seems to draw industries to it, making it ideal forpower generation. Kutchs location on the far western edge of India hashistorically resulted in the commissioning of two major ports, Kandla andMundra. These ports were and still remain major hubs for easy access tomost of the Gulf and Europe by the sea. It is because of this that industriesfind export and import to be highly convenient, also the existence of theseports has caused the transportation industry as a business, to thrive.

Some Major industries in Kutch are Adani Group, Sanghi Group, Suzlon,Welspun, Videocon International Ltd., Varsana Ispat Ltd., Agrocel IndustriesLtd. With a turnover of INR 20 crore (USD 5 million), Welspun Power andSteel has one of its largest facilities of steel Submerged Arc Welded (SAW)pipes in this region, making it the worlds largest producer of SAW pipes.The mining of Lignite is dominated only by the Gujarat Mineral Develop-ment Corporation (GMDC)39.

The Adani group of industries from the year 1998 bought land over aconsistent period of time in and around Mundra Taluka40. Starting wththe construction of a jetty in 1998, a private port was ready by 2000. Allthis was majorly done as a part of the Mundra SEZ plan. This plan wasapproved by the ministry of commerce, in April 2006. The area aroundMundra by 2008 consisted of three SEZs owned by Adani Group- MundraSpecial Economic Zone (108 Hectares), Gujarat Adani Port (2648 hectares)and Adani Power Private limited (294 hectares). The Adani group also wasgranted land use of 1400 hecatres around mundra port under a concessionagreement with the Gujarat government Adani Power expects to tie upfunds for its 3300 MW plant by March 2012 and is on track to completethe installation of 10,000 MW projects by 201341. The coastal region inMundra Taluka has about 20% of the mangrove cover in the state and in2012 there was a PIL (Public Interest Litigation) filed against Adani Groupaccusing them for buiding jettys and port construction in a coastal regula

tion zone, where mangrove afforestation has been going on42. The environ-mental clearances given for the SEZs are being challenged. The local com-munity staying in villages nearby sharing their borders with the proposedSEZ sites are facing difficulties too.

The Sanghi industries also have their cement plant in Kutch, in TalukasLakhpat and Abdasa. Being Indias largest, the Sanghi Industries Ltds Ce-ment Plant is managed by the Kandla Port Trust. Sanghi Cement enjoystremendous brand equity in several countries including Singapore, MiddleEast, West Africa, Sri Lanka. Sanghi Cement exports are on the rise andships upto 7150 tonnes per day and plans on increasing its capacity from3-9 million tons per annum to 20 million by 201543. In the Lakhpat andAbdasa taluka, establishment of the Sanghi cement factories has been verycontroversial. Back in 1998 with several allegations were made againstSanghi cement for encroaching upon the west lands of mangrove forest,which had been under afforestation activities since 1986, by constructionof jetty and approach roads44.With the company expressing its desire to keep upping their capacity, en-croachment upon the land occupied by local communities is slowly diminishing also resulting in restricted access to grazing pastures for the camelsowned by the Maldhari communities.

37Bussiness Standard < http://www.business-standard.com/article/press-releases/narendra-modi-inaugurates-jaiprakash-associates-cement-plant-in-gujarat-109120200111_1.html > (last Visited April 5,2013) ; Jos Mooij, Politics of Economic Reforms in India, Gujarat: An Industrialised and Economically Ad-vanced State (Last visited April 6,2013). 38Calorific values represent the amount of heat produced during combustion. People use calorific values to determine how efficient and effective fuels are, looking for fuels with high calorific values to use in energy generation< www.wisegeek.com.> (last visited April7, 2013). 39< www.vibrantgujarat.com/dist-profile-kutch.htm > ; Industries in Gujarat, < http://ic.gujarat.gov.in/ > (last visited April 7,2013). 40Port a threat to Mangroves in Mundra, Mangrove action Project < http://www.indianexpress. com/printerFriendly/26752.html > (last visited April 6,2013). 41Special Economic Zones < http://ic.gujarat.gov.in/ >, (last visited, april6, 2013) ; < http://mangroveactionproject.org/news/action-alerts/port-a-threat-to-the-mangrove-forests-in-mundra-gujarat > (last visited April6,2013) ; Tata powers 4000 MW Mundra UMPP becomesoperational, Bussiness Standard, (last visited April 6, 2013). 42Ranubha vs Union on 9 May, 2012 < http://www.indiankanoon.org/doc/197975774/ > (last visitedApril5,2013). 43Sanghi Industries < http://www.sanghicement.com/content.php?id=27> (last visited April6,2013). 44Ajit D. Padiwal vs Union Of India (Uoi) And Ors. on 23 February, 1998.


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3.8 Water

Historically the Maharaos of Kutch were pioneers in promotingand experimenting with dams,wells and improving upon the stor-age and management drinking water. The 19th century descriptionsof the water situation say that Kutch45. (...) has a precarious and scanty rainfall; the soil is in parts lightand sandy, and in others rocky. Ordinary crops wither under a lackof moisture, and nature has to be assisted by artificial irrigation...There are no perennial streamso f sweet water...Water for irrigationpurposes is drawn from wells, and the frequent green patches ofcultivation, in an otherwise arid plain, form a distinctive feature inthe landscape... and bear testimony to the persevering determina-tion of the rural classes to overcome difficulties. Water, fortunately,is found in most parts not far from the surface, and nearly everyvillage possesses a large number of wells. These are worked dailyduring a great portion of the year, and without their aid, Cutchwould be a desert, and her agricultural produce infinitely small, andtotally insufficient to supply the wants of her inhabitants[ Barton1877:4, emphasis mine.]

The present day situation however differs from the one describedabove as the ground level water has gone down46. The groundwater table has systematically reduced in past few decades andthe community members complain of falling levels of water inwells and lack of sweet/ drinking water available in coastal regions.The water use patterns have changed over time with water beingextracted for not just irrigation and household uses but for indus-trial purposes as well. The region is characterised by scanty rainfallranging from 350 to 370 mm. Over use of acquifers and sea wateringression has resulted in increased salinity in water and soils andsinking water table. The industrial setups scattered in Kutch com-pete with the local communities needs for claims on water re-sources. Increased ground water extraction by industries leading toreduced groundwater levels indicate a future threat of the regionnot being able to sustain such demands. Such circumstances, willcall for external water supplies from dams such that from SardarSarovar dam built on Narmada. The dam built so far has divertedthe route of Narmada distributaries that used to flow into the Koricreek now leading to lack of sweet water which is crucial for thegrowth of mangroves47. In Lakhpat region women from the Rabaricommunity complain of having no water available sometimes for 8days altogether. And nearby water sources have been barricaded forthe industrial uses48.

Lyla Mehta, Drought Diagnosis:Dryland blindness of planesrs,state and water resources, Economic and Political weekly, (July1-7, 2000) vol.35, no.27, p.2439-2445. 46Field notes. 47Lyla Mehta, Drought Diagnosis:Dryland blindness of planesrs,state and water resources, Economic and Political weekly, (July1-7,2000) vol.35, no.27, p.2439-2445. 48Field notes


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Throughout the course of this project, the effort has been to try to unravel the complexity of the problems faced by the Maldharis. The role of law has been crucial in bringing about the changes faced by the local communities. UsingDesign thinking the during the curse of this projects the complexity of information has been simplified to see the connections and discrepancies the way Law in executed/used in the context of the Maldharis, The analysis looks atthe core issue of lack of access to grazing pastures and how other problems faced by the community are related to the same. How development that is looked at with the lens of industrialisation is actually affecting the environmentand in turn having serious consequences for the local communities. The present analysis also looks at the role of legal frameworks such as the Forest Rights act, 2006 and the Biological Diversity act, 2002 having the power to relievethe community from facing these issues.

4. ANALYSIS

Fig 1: SWOT analysis for the Maldhari community in Kutch


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Fig2(a): Five Whys explores the root of a problem by asking why at each step of inquiry.

A lot of community members are drifting away from their traditional oc-cupation because it does not generate enough revenue, and the sustain-ance of their families is becoming increasingly difficult. There two kindsof herders in the Jat Maldhari community- one who own and herd camelsand the other who just herd camels on rent from the camels owners. Sincethe camel population has drastically decreased over the both the kinds aregetting affected. The camel herders now do not get enough camels to beherded on rent and the owners who would make their earning by sell-ing the young and adult male camels are also feeling the crunch. Some ofthem are turning towards the industrial set ups for employment. However

the working conditions are not very viable. Most of them work in theseindustries as daily wage labourers, working seven days a week and comingin on a first come first serve basis. There no employee protection or facilityprovided to them most of the times. The adults in the communities are notvery happy about this kind of transition however they feel helples49.The population of the camels that has been declining for some years nowputs the community in the danger of slowly losing out on their traditionaloccupation altogether. According to the community members untimelyrains and climatic changes along with lack of adequate nutrition has af-fected the health of the camels. Their immunity against diseases like Khajiand Fitoda has become low. One of the community member who owns andherds Kharai camels mentioned during the interview that in 2012 about300 camels died as they caught pneumonia. This happened due to untimelyrains and that the camels got wet. The conservation policies and laws haveso far focused only on protecting the forest land and other threatened/endangered species however so far few measures have been taken forthe camel population to bring about any significant development in theirhealth and well-being50.The community and their livestock also suffer from water crisis in Kutch.The water sources available to the communities is mainly from rivers andwells. Kutch being a semi arid region with very little rainfall, makes inonly possible for livestock pastoralism and very little agriculture to flour-ish. However over the years agriculture and industrial policies of stateand central government have neglected this fact and gone ahead withextracting ground water resources in order to build irrigation facilities andindustrial setups51. In one of the interviews it was mentioned by the com-munity members that they have to sometimes go without water for 8 daystogether. The industries are constantly competing with the communitiesneeds for water. In such a situation what is it that the community can doto help themselves is the question.The construction of the controversial Sardar Sarovar dam has affected theflow of sweetwater into this region which is already suffering from waterscarcity (Mehta, 2005)52.The state policies and programmes of Gujarat havemade the water situation worse. Dams in the upper reaches of Kutchs riv-ers have reduced the flow of freshwater, causing salt water to enter furtherinto the Rann.(Mehta, 2005) Subsidies have accelerated the extraction ofgroundwater by both industries and urban set upscausing the water tableto drop.(Hirway, 2000 Mehta, 2005)53.

49Field notes. 50Field notes. 51Lyla Mehta, Drought Diagnosis:Dryland blindness of planners , State and water resources-Irrigation, Economic and Political weekly, (July1-7, 2000) vol.35, no.27, p.2439-2445. 52Lyla Mehta, Constructs and constructions of water scarcity, Economic and Political Weekly, Vol. 38,No. 48 (Nov. 29 - Dec. 5, 2003), p. 5066-5072; Amita Baviskar, Review, The Politics and Poetics of Water: Naturalising Scarcity in Western India by Lyla Mehta, Economic and Political Weekly, Vol. 42, No. 11 (Mar. 17-23, 2007), pp. 939-940. 53Indira Hirway, Dynamics of development in gujarat: Some issues,economic and Political Weekly, Vol. 35, No. 35/36 (Aug. 26 - Sep. 8, 2000), pp. 3106-3120 ; Lyla Mehta, Constructs and constructions of water scarcity, Economic and Political Weekly, Vol. 38, No. 48 (Nov. 29 - Dec. 5, 2003), p. 5066-5072.


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Fig 2(b): Explores what lies at the root of the drift from traditional occupation


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Fig 3: Above is a context panorama showing various connections among different Right holders.

Apart from water resources, industrial encroachment in various regionsof Kutch has brought about a plethora of problems with itself. Under thesection 20 of Indian forests act, 1927, government of Gujarat had declaredthe lands of west mangrove forests of Taluka Abdasa and Lakhpat of kutchDistrict as reserved forests. According to the Coastal Regulation Zone thereare supposed to be no constructions of jetty or port activities in the vicin-ity of 500 hectares of reserved forest. In 1991 the government of India is-sued a Coastal Regulation zone in order to regulate activites in the coastalregulation Zone. Clause (2) of this Notification elaborates on the kinds ofactivites that are prohibited in the zone. Being an ecologically sensitive

area the notification prevents establishment of new industries and theirexpansion. Operational constructions for ports and jetties require environ-mental clearance from the ministry of environment and forests54.

In 1997 it was alleged that Sanghi group of industries had started theconstruction of a jetty in Kauthar Bet which is a part of the reserved for-est. Also according to a writ petition (C) No. 554 of 1993, moved in theSupreme court by Indian Enviro- Legal action challenging constructionactivites that were violating environmental laws, the Sanghi Jetty/ Cementproject was cited one of the projects that violated the environmental laws.The Sanghi cement industry continues to mine limestone in the lakhpatregion. Inspite of claims being made, about how mining in this region canbring harm to the biodiversity in the region, the plant continues to exist.Apart from natural disaters like cyclones, industrial activity in coastal re-gions pose an immense threat to mangrove cover. In the Marine NationalPark Sanctuary (MNPS) situated in Jamnagar district of Kutch a dramaticdecline of mangrove cover from 138.5 sq kms in 1975 to just 33.4 sq kmsin 1985 was witnessed. This decline in the MNPS has been mainly attrib-uted to industrial activities like building of ports, for mining, expansion ofsalt industries, petro chemical industries, oil pollution, cement factories tosay a few55.

54Ajit D. Padiwal vs Union Of India (Uoi) And Ors. on 23 February, 1998, http://www.indiankanoon.org/docfragment/86198/?formInput=Ajit%20D.%20Padiwal%20vs%20Union%20Of%20India (last visited April 5,2013). 55Nilanjana Biswas, The gulf of Kutch Marine National Park and Sanctuary: A case study,International collective in support of Fishworkers, Chenai, Mangroves, ch.2.2.


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The Adani group of industries was allowed to build the Gujarat Adani portltd (GAPL) in the Mundra region. Reports by Gujarat Institute of DesertEcology (GIDE), Marine and Water Resources Division (MRD) of ISROsRemote Sensing Applications Centre, Environmental Impact Assessmentreports classified this region (present day Mundra port) as a CRZ-1( coastalregulatory zone). The reports strictly suggested that any port activity wouldaffect the marine ecology of that place. It was also alleged that the man-groves were cut in order to clear the area for setting up the port 56. As men-tioned earlier in the report the coastal region in Mundra Taluka has about20% of the mangrove cover in the state.

In 2012 there was a PIL filed against Adani Group accusing them forbuiding jettys and port construction in a coastal regulation zone, wheremangrove afforestation has been going on57. The environmental clearancesgiven for the SEZs are being challenged. The local community staying invillages nearby sharing their borders with the proposed SEZ sites are fac-ing difficulties too. Inhabitants from the village Navinal, Taluka Mundra,had filled a PIL in 2012 to stop the construction SEZs in the region un-til prior environmental clearance is given to them. The SEZ that is beingconstructed in this region shares its boundary with this village and startedwith construction activities without acquiring environmental clearance.Construction in the Mundra Port SEZ has brought about enough harm. Theconstruction workers had used wood from mangroves as fuelwood, this re-gion which falls under the CRZ-1, is being filled with soil by the companiesestablished in the SEZs in order to use it for Port backup/SEZ area and set-ting up industries over it. The aquatic life and marine ecology of this regionis then subsequently under threat. Under the judgement it was establishedthat Adani group had gone ahead with the construction of the SEZ withoutan environment impact assessment.

The industrial scene as it has emerged in Gujarat specially in Kutch raisesconcerns on the levels of its relationship with the tribal communities andsustainability. Studies show that large industrial setups in regions likethese often exploit the locals under segmented labour markets (that letsthe industrial giants use cheap local labour without providing them withany social protection). It may be said here that they are allowed to usenatural resources that are non renewable- like minerals non-renewable likeminerals at a cheap rate. They are not even forced to pay for the pollutionthat they create in the region. In other words, these modern and highlycapital intensive industries exploit the region without benefiting much thelocal people and the local economy.(Hirway, 2000)58

On one hand there are industrial setups such as mention above that havealready started incurring harm on the environment in the name of indus-trial Development, and on the other hand there are conservation policiesthat believe in compartmentalising the approach towards achieving envi-ronmental balance and harmony. The conservation laws in the guise of theIndian Forests Act, 1927 and Wildlife Protection Act,1972 both have

an exclusionary approach to conservation. These laws give the governmentarbitrary powers, that consider local forest communities as encroachersrather than a part of the same ecosystem. It does not occur in their under-standing that these communities have been living in harmony with all theother species for hundreds of years now by not just supporting themselvesbut also the environment. Shaping their lifestyle in a way that in no wayharms the land that they are living on. The Maldhariss state:-

Dudh me nu makhan kadnu nahi; gaghe ke vaknu nahi; Ne pakhe ke chadnu nahi; jade he thindo, kayamat aanje najeek aahe

This means that- Never remove the butter from your milk- as selling thefat from your milk, that is your primary nutrition, will affect your health;never sell the intricately embroidered cloak the women wear- as this isa gift that one family shares with another and is a symbol of your socialrelationships in the community; and never stop living in temporary homesyou build in the grassland, as that ensures that you are always on themove allowing the grassland to recuperate behind you. The day this hap-pens, remember the doomsday is close! (Romance of Banni)59.

The biological diversity that these laws try to protect is in a major chunkbeing affected by industrial development rather than grazing of camels orany other activities of the local communities. The decline of several plantspecies in Chari Dhand has come about in a major way due to the plantingof Prospis Julifora (as mentioned earlier in the report). The reforestationinitiatives taken by the forest department in Mangrove Forest in LakhpatTaluka emphasised on lopping, cutting and camel grazing as the reasonsfor degradation of mangroves. It must be noted here though that thecamel population in Kutch has been drastically declining too. From an es-timation of about 17,000 in the year 1997 to a mere 8,500 in 200760. Risein the amount of diseases, unpredictable climatic changes and inadequatenutrition seem to have vastly contributed in making this species of camel(Kutchi and Kharai) an endangered one61. It appears as if the approachto conservation has not been a holistic one. There exists a relationship ofmutual advantage between the Kharai camels and the Mangroves. TheKharai camels facilitate optimum defoliation of the mangroves by feedingon them. They only feed on the leaves and do no harm to the stems or theroots. This helps the Mangroves grow in vast spreads62.

In view of such details, exclusion of the community from the conservationactivities not only undermines the traditional understanding of the com-munity members that can be better utilised to help in conservation, butalso prevents them from being the environmental stewards they alreadyare, and ultimately affecting the environment and health of the camelsleading to an adverse effect on the livelihood of the Maldharis. One suc-cessful participatory conservation project is discussed below.

56Ranubha vs Union on 9 May, 2012 < http://www.indiankanoon.org/doc/197975774/ > (last visited April5,2013). ; Sujata Anandan, Kutchs Ravaged Eden (last visited March18,2013). 57Ranubha vs Union on 9 May, 2012 < http://www.indiankanoon.org/doc/197975774/ > (last visited April5,2013). 58Indira Hirway, Dynamics of development in gujarat: Some issues, economic and Political Weekly, Vol. 35, No. 35/36 (Aug. 26 - Sep. 8, 2000), pp. 3106-3120. 59P.17, Ecosystem- Human Interactions in the Chhari Dhandh CR Final Report, ch. II, conservation Reservesstakeholders, Sahjeevan, 2012. 60Indian Express < http://www.indianexpress.com/news/mangrove-eater-that-swims-may-be-unique-kutch-camel-breed/750132/0> (last visited April5,2013). 61Field notes62Field notes.


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In Balochistan province Pakistan, the mangroves occur at three sites, MianiHor, Kalmat Khor and Gwatar bay. WWF-P started Mangrove Conservationactivities in this area in 1995 by setting up community Based Organisation( CBOs) the project involved addressing the issue of poverty and conserva-tion in the villages Dam, Sonmiani, Mahigeer, Tarquati, Tanzeem ,Bhira.This started with holding a workshop of skill-based training programmes,related to environmental, social and developmental issues. This was alsodone in collaboration with the forest department of Balochistan. A Partici-patory Learning and Action (PLA) exercise was formulated and conductedby a multidisciplinary team. It involved discussions and objects such as

flip-cards, and coloured cards were used to aid thinking and observa-tions in the group. Various issues were discussed. This technique aimed atenabling local communities in rural areas to investigate, analyse, present,plan and take action toward the outcomes they set out for themselves. Italso helped them in participatory appraisal and implementation apart fromplanning.

The action plan then required division of the participatory groups into maleand female and was then required to list the resources that were directlyrelated to the communitys livelihood. The groups under the supervision ofa facilitator identified prioritised their resources based on their perceptionsand then listed problems and threat along with the causes related to theirresources and livelihood. Discussion followed on key issues like benefitsfrom conservation action, obstacles towards the same, aid and supportfrom external agencies and their involvement and finally time constraints.

With the consensus of the participatory group and action plan was devisedand put into execution63. This case study illustrates how the local commu-nity can be successfully involved in taking charge of conservation decisionin their areas and in this process find ways to improve their own livelihood.Also the Forest Department with the help of local communities, is able touse their traditional knowledge and put it to use.

The Maldhari community in Kutch as of now is cornered first by conserva-tion policies and then by industrial setups that in their nascency promiseemployment and a better future but end up exploiting the resources ofland and the community, if not totally then partially. All these problemsare related however to one core problem that is the lack of access rightsto grazing pastures. From Fig: 1 and 2 it can be inferred how each of thecommunitiys problem can be traced back to lack of access to grazing pas-tures. The situation as portrayed may really arouse the question of what isit that these community members can do to resolve this conflict in whichthe land for grazing is important and so is its conservation.

Under the legal framework there are certain acts that the community canuse to its advantage. The Forest Rights Act, 2006 enables the tribes or theother traditional forest dwellers who have been living in the region foratleast three generations prior to 13th of December, 2005, are eligible toclaim their rights over the forest land64. The act not only provides a frame

work for the community to gain access rights to resources (like grazingpastures) but also promotes environmental stewardship and participatoryconservation. The act introduces under section 2(a) community forestresources which means that customary forest land within the traditionalor customary boundaries of the village or seasonal use of landscape in thecase of pastoral communities, including reserved forests, protected forestsand protected areas such as sanctuaries and national parks to which thecommunity has traditional access. Under section 3(i) the community hasthe right to protect, regenerate or conserve or manage any communityforest resource which they have been traditionally protecting and conserv-

ing for sustainable use.Mendha Lekha, a village in Gadchiroli district, Maharashtra has set anexample in what a community can achieve in protecting their forest landand promoting sustainable use. During the period between 1950s to 1960smultiple commercial extraction activites were sponsored by the state gov-ernment of Maharashtra. These activies involved , Forest Department tim-ber and bamboo extraction, private bamboo extraction and undiscerningfelling of trees by charcoal contractors. This lead to adverse consequenceson the quality of the forestTo counter this problem a movement was initiated by the local tribals forself rule and protection of the forests. Through setting up Gram Sabhas thepeople took the task of conserving their forest into their own hands. Theyprohibited any outsider ( even government) to carry out activities requir-ing the use of the forest, without the permission from the Gram Sabhas.

They approved a set of rules for sustainable extraction. Any commercialexploitation of the forest was prohibited. Only traditionally collected non-timber forest produce could be used for commercial purposes. The commu-nity themselves would regulate the use of resources and would regularlypatrol the forest. Over the years with rigorous participation and initiativestaken by the tribals themselves, the forest of Mendha Lekha has benefitedgreatly. Unregulated commercial use of forest timber controlled, the tribalsclaim that the quality of the forest has also improved. This endeavour alsopromoted social empowerment and an efficient system of self govern-ance. The Grams Sabha now has their own bank, transparency and opencommunication is the order of the day. All this done and said, the villagehowever under the Indian forest Act, 1927 lacked actual control over theirtraditionally owned land. Thus in July 2008 the village claimed its commu-nity rights under the Forest Rights Act, 200665. In April 2011 it became thefirst village in the country, which received the community Rights to collect,transport and sell, bamboo66..Along with the FRA, 2006 the Biological Diversity Act, 2002 provides scopefor communities to achieve sustainable use, fair and equitable distributionof benefits and participatory conservation67.

The Biological Diversity Act of 2002, among other things, requires the cen-tral Government under Section 36 to promote the conservation and sustain-able use of biological diversity through in-situ conservation and minimizethe adverse effects on biological diversity of any project undertaken throughenvironmental impact assessments t hat include public participation.

In order to achieve this the government must guarantee respect and pro-tection of the traditional knowledge of the local communities associatedwith the aforementioned section. This must be done along with recom-mendations from the National Biodiversity Authority (NBA), which will in-

volve proper registration of the traditional know-how and other indigenousmethods of protection of Biodiversity68.

63Amjad, A. Shah and Kamaruzaman Jusoff, Mangrove Conservation through Community Participation in Pakistan: The Case of Sonmiani Bay, International Journal of Systems Applications, Engineering and Development, Issue 4,vol.1, 2007. 64Section 2 and 3, Forest Rights Act, 2006. 65Neema Pathak and EricaTaraporewala, Consultation- Neema Pathak, Erica Taraporewala, Milind Wani, Arshiya Bose and Ashish Kothari, Towards self-Rule and Forest Conservation in Mendha Lekha Village, Gadchiroli, A case study, July 2008. 66After Bamboo, for the first time Gram Sabhas given rights over tendu leaves, The Hindu (Last visited April5,2013). 67Section 36, Biological Diversity Act, 2002.68Section 36, Biological Diversity Act, 2002 ; P.19, Banni Pashu Uchherak MaldhariSangathan, The Biocultural Community Protocol of Maldharis of Bannis, ch-3.


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5. CHALLENGES

6. OUTCOMES

However the system of rights and duties charted out in the Forest RightsAct, 2006 sounds extremely comprehensive and rigorous, its implementa-tion should be taken with a pinch of salt. The biggest challenge in ap-proaching the law as framework to make a claim is the awareness andunderstanding of the law itself. The communities that were interviewedhad no knowledge of what frameworks are available to them and whattheir rights are. Apart from the rights another challenge is to unravel thecomplicated administrative structures ( both within and outside of theFRA) that the communities will have to understand and deal with.

Once the understanding of their rights is out of the way, interference fromForest department continues in the process of recognition of forest rights.In most states the implementation has hardly taken place and also rightsthat are non-land in nature have been largely ignored69.Apart from the above mentioned, the current model of development andstate policies related to that seems to be the other side of the coin. Thegovernment must acknowledge that all the sacrifices for the grand schemeof economic development are being made by people who are already mar-ginalised. The way prosperity of a state, of a nation is looked at must bequestioned, through creative mediums this time.

As part of the first step to achieving access rights through the FRA, wepropose an awareness workshop. By the use of creative mediums theunderstanding of the FRA and various administrative structures can befacilitated. As part of this workshop a Board Game will be designed. Thisgame will communicate the use of the FRA in the simplest possible way toclaim rights. It will also involve a dynamic play between the Industry andthe community members, with the support of the Forest Department, eachof these being Players in the Game. Visuals will be used to supplement theGame in order to illustrate the structure and function of administrativecommitities and play scenarios.

Through the use of film, the emotional connect of the people with theirland will be highlighted, which is something that is left out of most of thetimes from any documentation on the community. It is, can be said, an-other way of expressing the data in a more reflective manner.

69The current situation, Forest Rights Act < http://www.forestrightsact.com/current-situation > (last viewed April5, 2013) ; Tribals, fishermen, citizens write to PM against move to bypass Forest Rights Act for mega projects, The Hindu, < http://www.thehindubusinessline.com/news/tribals-fishermen-citizens-write-to-pm-against-move-to-bypass-forest-rights-act-for-mega-projects/article4377890.ece> (Last viewed April5,2013) ; Violation of law in land allotted to tribal people, claims study on Forest Rights Act, The Hindu, < http://www.thehindu.com/news/national/violation-of-law-in-land-allotted-to-tribal-people-claims-study-on-forest-rights-act/article4544810.ece > (last visited April5,2013).

6.1 Graze - Kutch, Maldhari Community{Experimental Documentary Film}

Summary

The intention of the film is to show the wider audience the problems thatthe Maldhari community of Kutch are facing. This is not a moral lesson,but a story told through an artistic thread, which aims to bring an aware-ness to the effects of the expanding industries on the community livingthere.

Here, the memories call the painting and the painting calls the memories.As the brush glides over the paper, the story unfolds, the ink takes the roleof the narrator. Through the landscape, the viewer is first immersed in thedaily life of this community of camel herders, who live harmoniously in theenvironment.But what could be a simple and happy life becomes one with much adver-sity. The idea of progress and development through over-industrializationdoes not take into account the disruption it causes in the lives of thesepeople. Semi-nomads breeders that have been on this land for generationsare now facing new boundaries.Their lifestyle and traditions are endangered as well as the next genera-tionss future .

Process

Graze is an experimental documentary film. Its construction took place intwo stages. The first, capturing spontaneous moments during a meetingwith the Maldhari community. And the second, after returning from thetrip, creating a performance in which a painter who was on the field givesher view of the situation. She uses her memory to illustrate the landscape,everyday items, and then the arrival of industry and its consequences. Inthe experience, she appropriates the story in a graphic and bodily way.The story becomes an archive that the artist contains mentally that sheexpresses not only visually by the drawing, but also bodily by movementsand attitude.

We choice to connect these two experiences to give some distancedperspective, while facilitating the recovery of the story by the audience,introducing a character closest to her.The absence of voice or text allows to the viewer to focus on the interpre-tation of images, but also and above all a proven feeling. Graze by defini-tion refers to both pastures that are central to the problems of communityand the touch of the brush that tells the story.

6.2 Claim - Rooting for the Right{Board Game}

The present game is designed to communicate certain rights that theMaldhari community has under the Forest Rights Act only. The gamefacilitates the players to put themselves in scenarios where they need tocontest their spaces in the conflict zones. In the real world scenarios theindustrial setups and communities have their own different agendas andlivelihoods to take care of. Their only conflict point becomes the land. Torepresent these the game involves 5 scenarios each for the two players/

teams. There are two separate paths assigned for the movement for eachplayer/ team representing the different agendas the two tend to take inreal life situations. 5 intersection points between the two paths is wherethe two players can claim their space. This can only be achivieved once theplayers have the prerequisites on the scenarios cards ( understanding ofrights for the community player and acquiring property for industry player).Whoever can claim the maximum places wins the game.

It must be noted however that the game just develops awareness of therights and specifically under the forest rights act. It facilitates in theunderstanding of what resources and legal evidences these communitiescan use to claim their rights. It does not however help in the understand-ing of formation or function of various committees like the Forest RightsCommittee or the Gram Sabha. It does not also shed light upon otherlegislations that can be used like the Biodiversity Act 2002. The game also

displays a limited role of the forest department which otherwise holds akey position in handling negotiations with respect to the communities andforest land. This however was done in other to simplify the understandingof rights. The game uses a dice to navigate through the game giving bothplayers/ teams equal chance of winning although in the real situation theindustrial setups already have an upper hand.

The limitations of the game take us to the next steps that can be imple-mented to achieve in a more holistic manner the awareness of variouslegislations that could facilitate strategizing amongst the communitymembers to gain their rights.


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7. NEXT STEPS

With the above analysis it is thus argued that the myriad of problems from loss of traditional livelihood to affected health of thecamel population, the industrial encroachment on forest land and consequent exploitation and deterioration of natural resources areall connected by the same thread and shout out one clear solution i.e. recognition of forest rights under the Forest Rights Act, 2006.And to counter the challenges faced by the Maldharis in achieving their rights, a two pronged approach must be taken. Where on onehand the community must be made aware of their rights and the legal frameworks relevant to their concerns so that they are betterequipped to mobilise themselves and claim their rights, the Government and other right holders in this entire scenario must be madeaware of the complexity and consequences of their decisions on these communities. As a group of design students, this project aimsat using creative mediums to achieve the above mentioned aims. With aid of film, infographs and Game design we believe a differ-ence can be made.

Taking the game further, the understanding of the Forest Rights Committee and gram sabhas can be explored through inforgraphs.A workshop can be designed to help the Maldharis understand how to navigate through legal processes to achieve their rights. Thegame and the infographs can be used to facilitate understanding of complex legal processes. Open discussions and active participa-tion of the community can be promoted through these workshops.


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Report by Team KutchLED Lab (Law, Environment and Design Laboratory)Srishti School of Art, Design and TechnologyBangalore, India

April 2013


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