Through the Lens of Law and Design ThinkingLEGALLYBOUND

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

Through the Lens of Law and Design ThinkingLEGALLYBOUND

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

ACKNOWLEDGEMENTS

As part of this project we would like to thank Dr. Deepta Sateesh and Ms Arpitha Kodiveri. Their guidance, patience and insightful comments, hard questions and encouragement has been of immeasurable value for us from research to ideation to final execution. We could not have imagined better mentors for this project.

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

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

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

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 256.2 Claim - Rooting the Right 25 7. Next Steps 26 List of FiguresFig 1. SWOT Analysis 14Fig 2(a) and (b). 5 WHYs 15 Fig 3. Context Panorama 17

List of MapsMap 1. Talukas Map 7Map 2. Natural Resources 20Map 3 Urban and Industrial Landscape 21 Map 4. Pasture lands in Talukas 22Map 5. Sancturies and Ecology 23Map 6. Legal Map 24

CONTENTS

6

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 and the use of the Forest Rights Act 2006 to resolve these problems. The forest rights act passed in 2006 was focused on ensuring environmental stewardship with the local communities while giving them rights over their ancestral land. The project involves a thorough understanding of the Forest Rights Act (2006) and examining its effectiveness on the ground in addressing the grievances of the local communities in Kutch using various creative media.

1.2 Problem Statement

The Maldharis, traditionally a pastoralist camel herding community in Kutch, in the state of Gujarat (India) and are being marginalized under the Indian Forests Act, 1927 that states:“The State Government may constitute any forest-land or waste-land which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest-produce of which the Government is entitled, a reserved forest in the manner herein after 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 herded by the Maldhari community. Growths of industries near the coastal region of Kutch on the other hand have affected the community’s cultural, social, economic and environmental relationships. The restricted access to graz-ing pastures and resources is having an adverse effect on their traditional livelihood and practices. The question of defining Development and future economic empowerment of the community also form a part of under-standing the problems faced by the people.

1.3 Vision Statement The project’s 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 law itself and its effective use. Another side to this is also to question the cur-rent model of development that favours economic growth as a benchmark of development.

1.4 Goals

To achieve the above vision the following goals are proposed Social Goals: Enabling the community to articulate their identity and to put the community on the map.Legal Goals: To create awareness for the community about the Forest Rights 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 design tools and forms of media including film, maps, infographics, posters, thea-tre, story telling, games for advocacy and capacity-building. We hope to showcase these design interventions and tools developed to communities and agencies.

For the Community:To create an interactive game that helps in understanding and strategizing through 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 challenge the existing model of development and expose the community’s vulner-abilities and relationship with the environment.

1.6 Methodology

The methodology for field study involved taking extensive interviews with four community members belonging to Fakirani Jat community, and their family members. the interviews were conducted in Chari Dhand and Mohadi. 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 information asking ‘why’. Use of a motivation matrix helps understand the interests of each rightholder in the existing conditions. And finally with the use of a context panorama, conections between the activities of each right holder

1 Section 36, Indian Forests Act, 1927.

1. EXECUTIVE SUMMARY

7

The district of Kutch, forms a part of the state of Gujarat in western India, spread over an area of 45,652 km², making it the largest district of India. Kutch is characterized by a dry and arid climate2. It is surrounded by the Gulf of Kutch 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 northern edge 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 kinds of 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 sanctuaries and protected forests like the Narayan Saraovar Wildlife Sanctuary,Kutch Bustard Sanctuary, Wild Ass Sanctuary , Banni Protected Forests, Kutch Desert Wildlife Sanctuary, Chari Dhandh Conservation reserve3.

2. BACKGROUND

2 Kutch <http://www.agrocel.co.in/kutch/index.htm> (Last visited on April 6 2013). 3 Field Notes The live voice of Kutchi society <http://www.panjokutch.org.in/history/html/histo_3.htm>. 4(Last visited on April 6,2013).

Kutch State was a state within the Republic of India from 1947 to 1956. 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 administration of Kutch after accession, however, remained in the hands of its former ruler until his death on 26 February 1948, when it then passed to his son, Maharao Shri Meghraji. On 1 June 1948 the ad-ministration was transferred to the Government of India, working through a Chief Commisioner4.

Map 1: Talukas Map

8

3. EXISTING CONDITIONS

3.1 Community

According to the official Census 2011 detail of Kutch, by Directorate of Census Operations in Gujarat, in 2011, Kutch had population of 2,090,313 of which male and female were 1,096,343 and 993,970 respectively. The initial provisional data released shows that the district has a population density of 46 inhabitants per square kilometer (120 /sq mi). Its population growth rate over the decade 2001-2011 was 32.03%. Kutch has a sex ratio of 907 females for every 1000 males, and a literacy rate of 71.58%. Out of the total Kutch population for 2011 census, 34.72 percent lives in urban regions 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 population falling below the official poverty line5.

There are different pastoralists and agrigultural communities living in Kutch. 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 breed 2 types of camels. About 500 years ago, they came from ‘Halaf’ area in Iran to Sindh and Kutch in search of new grazing pastures. Some settled there and took up farming, they called themselves ‘Garasia Jaths’ Oth-ers who became herders of cattle were known as ‘Dhanetah Jaths’, while those choosing to devote themselves to studying the Koran were called ‘Fakirani Jaths’6. The literal meaning of Maldhari is “owner of animal stock”. They are notable as the traditional dairymen of the region, and once supplied 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 paid Pancheri (grazing tax) to the Grasdhars in exchange for the right to graze the 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 parents are 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 and parts of India. It has borrowed some vocabulary from Gujarati9. The Jat Maldharis women engage in beautiful and manual embroidery, where they closely stitch patterns and use small mirrors within the patterns. Ply-split braiding is an ancient craft done by the Maldharis used predominantly for making 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 cure major and minor ailments for themselves as well as the camels. : Camel milk is rich in medicinal value and an easily available resource, the milk combined with jaggery and turmeric is extremely effective for the com-mon cold especially during winters. Their answer to measles too is drinking warm camel milk for three days. For a fever, goats milk is rubbed all over ones body which is succeeded by wrapping oneself in a blanket. During pregnancy, the community brings in the experience of the older women from nearby villages, also referred to as Daima’s. In the absence of these Daima’s, they go to the nearest medical facility available to them11.

The Maldharis also use indigenous techniques in dealing with certain medical conditions and minor ailments in the camels. A practice observed firsthand during field research, the Maldharis demonstrated a technique that helped the mother camel recognise the offspring and start feeding it. They used wet mud obtained from the nearby fertile areas along the water bodies and blocked the mother’s nose with it, using strips of cloth to hold it in place. The camel continued to comfortably breathe through her mouth whilst her offspring was tied very near her. Both the mother and the offspring were left together like that for a couple of hours. Later on taking off the cloth and unblocking the mother’s nose enabled her to rec-ognize her offspring whose scent is the first she got to smell. Subsequently the mother fed the offspring. Also during the camel’s childbirth sometimes the placenta doesn’t fall off. In order to facilitate that the female camel is fed camel milk with ash12.

5 District census 2011 <http://www.census2011.co.in/census/district/182-kachchh.html> (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 Pashu Uchherak 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

9

3.3 Religion

Fakiranis believe in different heroes and Goddesses. All Jats are Sunni Muslims andcan’t marry outside of their group of people. They celebrate Bakri Id and Ramzan but do not have ‘Tazias’ during Moharrum. Visits to Gotarka Gaon are common during Urs to pay homage at Dada Mahavali Pir’s dargah. The men go to the nearby village to read the namaaz, and use the tradional method of seeing time, relying on the sun for when they have 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, they believe in Shakti puja. The Fakirni Jaths believe in Savla Pir, as do Muslim and Hindu nomads of western Kutch, whose tomb is on mud island in a creek off Koteshwar in Lakhpat .

3.4 Livelihood

The economy of Kutch district had been principally pastoralist. The semi arid climate and shallow soils of this region support vegetation comprising of short annual grasses. However post 1948, since Kutch got integrated into the policies of the union government, the first five year plan, gave strong 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 into Bombay and then later with formation of the state of Gujarat, 1960 Kutch became a victim of “dryland blindness” . This has affected the way the pastoralists are looked at and on their livelihood practices as well. Scarcity of 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. Traditionally semi-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-crossing sparse 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 for the camels apart from other daily activities like getting water and other household activities. During the monsoon season, the Maldharis generally return to their home villages or go to the hills with their livestock, as more new grass grows closer to home during the rains .

3.5 Livestock

The livestock that the Jat Maldharis herd is camels. There are two kinds of camels 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. Their head is larger, with a thicker neck and erect ears withtips that are slightly curved inside. The males are used for draft purposes in and outside Gu-jarat, while the females are used for milk purposes. The camel feeds on various 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 ecosystem or even in a coastal ecosystem. This kind of camel can swim for more than 3kms 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 milk while the males usually for draft uses. Camels are selective feeders and they only feed on the leaves of the shrubs or trees. The grazing of Kharai camel in the mangroves facilitates optimum defoliation. And apart from the few days in the monsoon when the camels feed on mangroves, they also graze on babool, lano and Khari jar .

As mentioned earlier the main source of income for the Jat Maldharis come from selling the young and adult male camels and the females they keep. Some members of the Maldhari community do not own camels and traditionally they are given camels by the Rabari community (another community from this region) on monthly grazing charge of Rs 30-50. Since they only sell camels and not any other milk or wool product the total income is quite less and whatever little savings they have go back to the merchants from whom they take money on credit for ration . Since the community’s entire livelihood depends upon breeding and herd-ing camels, the camels health and number are extremely important for the community. They have a deep attachment with these animals and the land they 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 their traditional livelihood and move into working with industries. Their another major concern is the increasing diseases and diminishing numbers of the camels . Over past few years the number of camels falling ill from diseases like Khaji (fungal infection in the skin)and Fitoda (a disease where the brain stops working) have increased. Although an animal camp for camels was set up by the state government, in the year 2012 in this region, few steps have been taken to provide medical facilities for the camels before that . The numbers of camels have drastically dropped over past one dec-ade. In four years the camel population dropped 20% from 10,477 in 2003 to 8,575 in 2007 . Over the years conservation initiatives taken on by the forest department has excluded the community participation and in the process excluded the camels also from grazing on the pasture as the community and their livestock is looked as encroachers upon forest and wetlands. The decline in the immunity and health of the camel come from not being allowed to feed on these plant species as they come under these conserved areas. The report will discuss the crucial role of both conservation Laws and current models of development promoting rapid industrialisation in Kutch, actu-ally cornering the local communities, in this context the Jat Maldharis and forcing 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 visited April 5,2013)

10

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. Subsequently Located in the Great Rann of Kutch, the Kutch Desert wildlife sanctuary was declared in 1988.The Great Indian Bustard sanctuary was declared in 199225. The controversial Narayan Sarovar Sanctuary situated in the Lakhpat Taluka was 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 limestone and other minerals in this region were essential for mining for larger development purposes26. 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 India set up a National Mangrove Committee in the Ministry of Environment and Forests in 197628. In the present study the Mangroves in Lakhpat Taluka and Chari Dhand conservation reserve will be discussed in more detail with regard to 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 Kori creek shares the border with Pakistan and constitutes a huge amount of ‘Good Forests in Gujarat’ which comprises of around 60% of all the man-groves in the state. . According to the forest department the mangrove cover in had consistently reduced due to camel grazing, cutting and lop-ping. Subsequently in 1986- 87 the government of India initiated a scheme on conservation and management of mangroves in the region of Kutch29.

The National Mangrove Committee in the Ministry of Environment and Forests suggested extensive surveys and research on this delicate eco-system and advised the government on a number of action plans for the management and conservation of the Mangroves . the state government has 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’ (Avicennia marina, the main species of mangroves) forests. After the afforestation done in the years after 1986, the cover increased drastically however. The cyclones of june 1998 and May 1999 destroyed most of this cover again leaving only about an area of 395 sq km of mangrove forest30.

As of now the afforestation activities continue and any king of human activity is prohibited in the region. This in a way has caused problems for the Maldharis. The Kharai camel that needs to graze upon the mangroves is not allowed to do so anymore. Also nothing is being done government authorities to supplement this lack of nutrition coming from mangroves affecting the immunity and health of the camels themselves. They are fall-ing sick more often and their numbers as mentioned earlier are reducing too31.

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 <http://www.hindu.com/fline/fl1708/17080650.htm > (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

11

Chari Dhand Conservation Reserve

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

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

The Biodiversity Conservation Prioritization Project (BCPP, 1997) assessed the 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 eyed 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 Prospis Juliflora was introduced. This species however has proved to be invasive over time and has congested the region leading to diminishing native grasses, research reducing the grassland near the banks of the wetland34. Field research suggested that the forest department is trying to uproot the plants in order to counter its rapid spread35.

Certain plant species native to this region form a vital part of the Katchi camel’s diet. The Suaeda-dominant (Lano) forms a part of their diet in the peak summer season. Along with this the camels graze upon Salvadora persica known as Khari Jar is a source of nutrition for these camels. The herders 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 past couple of years since the declaration of Chari Dhand as a conservation reserve. The herders are now only able to take their camels as far as 10-15 kms and often concerned about the kind of shrubs available to the camels for 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

12

3.7 Industrial growth in Kutch

Rich in mineral deposits like Limestone, Lignite, Laterite, Bentonite, Kutch has attracted huge industrial investment over time. Also the industrial policy in Gujarat is pro industry .The announcement of the new economic policy in 1991 by the Central Government offered a new opportunity to enhance Gujarat’s pace of industrialization. The State Government an-nounced three industrial policies during the 90’s that was the foundation of the aforementioned industries in Gujarat. The State industrial policy in 1990-95 was dominantly economic reforms. So far the outlook toward development in Gujarat has been that of rapid industrialisation37.

Kutch currently possesses 12 Special Economic Zones (SEZ), 13 Industrial estates and 3 Industrial parks. The high calorific value38 of the minerals and potential fuels obtained from the land combined with its low mois-ture content is what seems to draw industries to it, making it ideal for power generation. Kutch’s location on the far western edge of India has historically resulted in the commissioning of two major ports, Kandla and Mundra. These ports were and still remain major hubs for easy access to most of the Gulf and Europe by the sea. It is because of this that industries find export and import to be highly convenient, also the existence of these ports 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 Industries Ltd. With a turnover of INR 20 crore (USD 5 million), Welspun Power and Steel has one of its largest facilities of steel Submerged Arc Welded (SAW) pipes in this region, making it the world’s 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 a consistent period of time in and around Mundra Taluka40. Starting wth the construction of a jetty in 1998, a private port was ready by 2000. All this was majorly done as a part of the Mundra SEZ plan. This plan was approved by the ministry of commerce, in April 2006. The area around Mundra by 2008 consisted of three SEZs owned by Adani Group- Mundra Special Economic Zone (108 Hectares), Gujarat Adani Port (2648 hectares) and Adani Power Private limited (294 hectares). The Adani group also was granted land use of 1400 hecatres around mundra port under a concession agreement with the Gujarat government Adani Power expects to tie up funds for its 3300 MW plant by March 2012 and is on track to complete the installation of 10,000 MW projects by 201341. The coastal region in Mundra Taluka has about 20% of the mangrove cover in the state and in 2012 there was a PIL (Public Interest Litigation) filed against Adani Group accusing 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 proposed SEZ sites are facing difficulties too.

The Sanghi industries also have their cement plant in Kutch, in Talukas Lakhpat and Abdasa. Being India’s largest, the Sanghi Industries Ltd’s Ce-ment Plant is managed by the Kandla Port Trust. Sanghi Cement enjoys tremendous brand equity in several countries including Singapore, Middle East, West Africa, Sri Lanka. Sanghi Cement exports are on the rise and ships upto 7150 tonnes per day and plans on increasing its capacity from 3-9 million tons per annum to 20 million by 201543. In the Lakhpat and Abdasa taluka, establishment of the Sanghi cement factories has been very controversial. Back in 1998 with several allegations were made against Sanghi cement for encroaching upon the west lands of mangrove forest, which had been under afforestation activities since 1986, by construction of 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 dimin ishing also resulting in restricted access to grazing pastures for the camels owned 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 <books.google.co.in/books > (Last visited April 6,2013). 38‘Calorific 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 power’s 4000 MW Mundra UMPP becomes operational, Bussiness Standard, <http://www.business-standard.com/article/companies/tata-power-s-4-000-mw-mundra-umpp-becomes-operational-113032500187_1.html> (last visited April 6, 2013). 42Ranubha vs Union on 9 May, 2012 < http://www.indiankanoon.org/doc/197975774/ > (last visited April5,2013). 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.

13

3.8 Water

Historically the Maharao’s of Kutch were pioneers in promoting and experimenting with dams,wells and improving upon the stor-age and management drinking water. The 19th century descriptions of the water situation say that Kutch45. “ (...) has a precarious and scanty rainfall; the soil is in parts light and sandy, and in others rocky. Ordinary crops wither under a lack of moisture, and nature has to be assisted by artificial irrigation... There are no perennial streamso f sweet water...Water for irrigation purposes is drawn from wells, and the frequent green patches of cultivation, in an otherwise arid plain, form a distinctive feature in the 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 every village possesses a large number of wells. These are worked daily during a great portion of the year, and without their aid, Cutch would be a desert, and her agricultural produce infinitely small, and totally insufficient to supply the wants of her inhabitants”[ Barton 1877:4, emphasis mine.]

The present day situation however differs from the one described above as the ground level water has gone down46. The ground water table has systematically reduced in past few decades and the community members complain of falling levels of water in wells and lack of sweet/ drinking water available in coastal regions. The water use patterns have changed over time with water being extracted for not just irrigation and household uses but for indus-trial purposes as well. The region is characterised by scanty rainfall ranging from 350 to 370 mm. Over use of acquifers and sea water ingression has resulted in increased salinity in water and soils and sinking 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 to reduced groundwater levels indicate a future threat of the region not being able to sustain such demands. Such circumstances, will call for external water supplies from dams such that from Sardar Sarovar dam built on Narmada. The dam built so far has diverted the route of Narmada distributaries that used to flow into the Kori creek now leading to lack of sweet water which is crucial for the growth of mangroves47. In Lakhpat region women from the Rabari community complain of having no water available sometimes for 8 days altogether. And nearby water sources have been barricaded for the 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

14

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. Using Design 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 at the 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 environment and 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 relieve the community from facing these issues.

4. ANALYSIS

Fig 1: SWOT analysis for the Maldhari community in Kutch

15

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 kinds of herders in the Jat Maldhari community- one who own and herd camels and the other who just herd camels on rent from the camels owners. Since the camel population has drastically decreased over the both the kinds are getting affected. The camel herders now do not get enough camels to be herded 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 of them are turning towards the industrial set ups for employment. However the working conditions are not very viable. Most of them work in these industries as daily wage labourers, working seven days a week and coming in on a first come first serve basis. There no employee protection or facility provided to them most of the times. The adults in the communities are not very happy about this kind of transition however they feel helples49. The population of the camels that has been declining for some years now puts the community in the danger of slowly losing out on their traditional occupation altogether. According to the community members untimely rains and climatic changes along with lack of adequate nutrition has af-fected the health of the camels. Their immunity against diseases like Khaji and Fitoda has become low. One of the community member who owns and herds Kharai camels mentioned during the interview that in 2012 about 300 camels died as they caught pneumonia. This happened due to untimely rains and that the camels got wet. The conservation policies and laws have so far focused only on protecting the forest land and other threatened/ endangered species however so far few measures have been taken for the camel population to bring about any significant development in their health 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 and wells. Kutch being a semi arid region with very little rainfall, makes in only possible for livestock pastoralism and very little agriculture to flour-ish. However over the years agriculture and industrial policies of state and central government have neglected this fact and gone ahead with extracting ground water resources in order to build irrigation facilities and industrial setups51. In one of the interviews it was mentioned by the com-munity members that they have to sometimes go without water for 8 days together. The industries are constantly competing with the communities’ needs for water. In such a situation what is it that the community can do to help themselves is the question.The construction of the controversial Sardar Sarovar dam has affected the flow of sweetwater into this region which is already suffering from water scarcity (Mehta, 2005)52.The state policies and programmes of Gujarat have made the water situation worse. Dams in the upper reaches of Kutch’s riv-ers have reduced the flow of freshwater, causing salt water to enter further into the Rann.(Mehta, 2005) Subsidies have accelerated the extraction of groundwater by both industries and urban set upscausing the water table to 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.

16

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

17

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

Apart from water resources, industrial encroachment in various regions of Kutch has brought about a plethora of problems with itself. Under the section 20 of Indian forests act, 1927, government of Gujarat had declared the lands of west mangrove forests of Taluka Abdasa and Lakhpat of kutch District as reserved forests. According to the Coastal Regulation Zone there are 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 coastal regulation Zone. Clause (2) of this Notification elaborates on the kinds of activites that are prohibited in the zone. Being an ecologically sensitive area the notification prevents establishment of new industries and their expansion. 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 the construction 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 the Supreme court by Indian Enviro- Legal action challenging construction activites that were violating environmental laws, the Sanghi Jetty/ Cement project was cited one of the projects that violated the environmental laws. The Sanghi cement industry continues to mine limestone in the lakhpat region. Inspite of claims being made, about how mining in this region can bring 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 National Park Sanctuary (MNPS) situated in Jamnagar district of Kutch a dramatic decline of mangrove cover from 138.5 sq kms in 1975 to just 33.4 sq kms in 1985 was witnessed. This decline in the MNPS has been mainly attrib-uted to industrial activities like building of ports, for mining, expansion of salt industries, petro chemical industries, oil pollution, cement factories to say 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.

18

The Adani group of industries was allowed to build the Gujarat Adani port ltd (GAPL) in the Mundra region. Reports by Gujarat Institute of Desert Ecology (GIDE), Marine and Water Resources Division (MRD) of ISRO’s Remote Sensing Applications Centre, Environmental Impact Assessment reports classified this region (present day Mundra port) as a CRZ-1( coastal regulatory zone). The reports strictly suggested that any port activity would affect 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 port56. As men-tioned earlier in the report the coastal region in Mundra Taluka has about 20% of the mangrove cover in the state. In 2012 there was a PIL filed against Adani Group accusing them for buiding jettys and port construction in a coastal regulation zone, where mangrove afforestation has been going on57. The environmental clearances given for the SEZs are being challenged. The local community staying in villages 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 being constructed in this region shares its boundary with this village and started with construction activities without acquiring environmental clearance. Construction in the Mundra Port SEZ has brought about enough harm. The construction workers had used wood from mangroves as fuelwood, this re-gion which falls under the CRZ-1, is being filled with soil by the companies established 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 region is then subsequently under threat. Under the judgement it was established that Adani group had gone ahead with the construction of the SEZ without an environment impact assessment.

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

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

an exclusionary approach to conservation. These laws give the government arbitrary powers, that consider local forest communities as encroachers rather 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 the other species for hundreds of years now by not just supporting themselves but also the environment. Shaping their lifestyle in a way that in no way harms the land that they are living on. The Maldharis’s 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 the fat from your milk, that is your primary nutrition, will affect your health; never sell the intricately embroidered cloak the women wear- as this is a gift that one family shares with another and is a symbol of your social relationships in the community; and never stop living in temporary homes you build in the grassland, as that ensures that you are always on the move 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 chunk being affected by industrial development rather than grazing of camels or any other activities of the local communities. The decline of several plant species in Chari Dhand has come about in a major way due to the planting of Prospis Julifora (as mentioned earlier in the report). The reforestation initiatives taken by the forest department in Mangrove Forest in Lakhpat Taluka emphasised on lopping, cutting and camel grazing as the reasons for degradation of mangroves. It must be noted here though that the camel 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. Rise in the amount of diseases, unpredictable climatic changes and inadequate nutrition seem to have vastly contributed in making this species of camel (Kutchi and Kharai) an endangered one61. It appears as if the approach to conservation has not been a holistic one. There exists a relationship of mutual advantage between the Kharai camels and the Mangroves. The Kharai camels facilitate optimum defoliation of the mangroves by feeding on them. They only feed on the leaves and do no harm to the stems or the roots. This helps the Mangroves grow in vast spreads62.

In view of such details, exclusion of the community from the conservation activities not only undermines the traditional understanding of the com-munity members that can be better utilised to help in conservation, but also prevents them from being the environmental stewards they already are, and ultimately affecting the environment and health of the camels leading 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, Kutch’s Ravaged Eden <http://www.outlookindia.com/article.aspx?208810 > (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 Reserve’s stakeholders, 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.

19

In Balochistan province Pakistan, the mangroves occur at three sites, Miani Hor, Kalmat Khor and Gwatar bay. WWF-P started Mangrove Conservation activities 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 also done in collaboration with the forest department of Balochistan. A Partici-patory Learning and Action (PLA) exercise was formulated and conducted by 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 at enabling local communities in rural areas to investigate, analyse, present, plan and take action toward the outcomes they set out for themselves. It also helped them in participatory appraisal and implementation apart from planning.

The action plan then required division of the participatory groups into male and female and was then required to list the resources that were directly related to the community’s livelihood. The groups under the supervision of a facilitator identified prioritised their resources based on their perceptions and then listed problems and threat along with the causes related to their resources and livelihood. Discussion followed on key issues like benefits from conservation action, obstacles towards the same, aid and support from external agencies and their involvement and finally time constraints. With the consensus of the participatory group and action plan was devised and put into execution63. This case study illustrates how the local commu-nity can be successfully involved in taking charge of conservation decision in 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 to use 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 promise employment and a better future but end up exploiting the resources of land and the community, if not totally then partially. All these problems are related however to one core problem that is the lack of access rights to grazing pastures. From Fig: 1 and 2 it can be inferred how each of the communitiy’s problem can be traced back to lack of access to grazing pas-tures. The situation as portrayed may really arouse the question of what is it that these community members can do to resolve this conflict in which the land for grazing is important and so is its conservation.

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

work for the community to gain access rights to resources (like grazing pastures) but also promotes environmental stewardship and participatory conservation. The act introduces under section 2(a) ‘community forest resources’ which means that ‘customary forest land within the traditional or customary boundaries of the village or seasonal use of landscape in the case of pastoral communities, including reserved forests, protected forests and protected areas such as sanctuaries and national parks to which the community has traditional access.’ Under section 3(i) the community has ‘the right to protect, regenerate or conserve or manage any community forest resource which they have been traditionally protecting and conserv-ing for sustainable use.’ Mendha Lekha, a village in Gadchiroli district, Maharashtra has set an example in what a community can achieve in protecting their forest land and promoting sustainable use. During the period between 1950s to 1960s multiple 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 undiscerning felling of trees by charcoal contractors. This lead to adverse consequences on the quality of the forestTo counter this problem a movement was initiated by the local tribals for self rule and protection of the forests. Through setting up Gram Sabhas the people took the task of conserving their forest into their own hands. They prohibited 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 commercial exploitation 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 regularly patrol the forest. Over the years with rigorous participation and initiatives taken by the tribals themselves, the forest of Mendha Lekha has benefited greatly. Unregulated commercial use of forest timber controlled, the tribals claim that the quality of the forest has also improved. This endeavour also promoted social empowerment and an efficient system of self govern-ance. The Grams Sabha now has their own bank, transparency and open communication is the order of the day. All this done and said, the village however under the Indian forest Act, 1927 lacked actual control over their traditionally owned land. Thus in July 2008 the village claimed its commu-nity rights under the Forest Rights Act, 200665. In April 2011 it became the first 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 scope for communities to achieve sustainable use, fair and equitable distribution of 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 minimize the adverse effects on biological diversity of any project undertaken through environmental impact assessments that include public participation.”

In order to achieve this the government must guarantee respect and pro-tection of the traditional knowledge of the local communities associated with 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 indigenous methods 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 Erica Taraporewala, 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 < http://www.thehindu.com/news/national/other-states/after-bamboo-for-the-first-time-gram-sabhas-given-rights-over-tendu-leaves/article4431825.ece> (Last visited April5,2013). 67Section 36, Biological Diversity Act, 2002.68Section 36, Biological Diversity Act, 2002 ; P.19, Banni Pashu Uchherak Maldhari Sangathan, The Biocultural Community Protocol of Maldharis of Bannis, ch-3.

20

21

22

23

24

25

5. CHALLENGES

6. OUTCOMES

However the system of rights and duties charted out in the Forest Rights Act, 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 and understanding of the law itself. The communities that were interviewed had no knowledge of what frameworks are available to them and what their rights are. Apart from the rights another challenge is to unravel the complicated administrative structures ( both within and outside of the FRA) that the communities will have to understand and deal with.

Once the understanding of their rights is out of the way, interference from Forest department continues in the process of recognition of forest rights. In most states the implementation has hardly taken place and also rights that are non-land in nature have been largely ignored69.Apart from the above mentioned, the current model of development and state policies related to that seems to be the other side of the coin. The government must acknowledge that all the sacrifices for the grand scheme of 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 be questioned, through creative mediums this time.

As part of the first step to achieving access rights through the FRA, we propose an awareness workshop. By the use of creative mediums the understanding of the FRA and various administrative structures can be facilitated. As part of this workshop a Board Game will be designed. This game will communicate the use of the FRA in the simplest possible way to claim rights. It will also involve a dynamic play between the Industry and the community members, with the support of the Forest Department, each of these being Players in the Game. Visuals will be used to supplement the Game in order to illustrate the structure and function of administrative commitities and play scenarios.

Through the use of film, the emotional connect of the people with their land will be highlighted, which is something that is left out of most of the times 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 that the 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 living there.

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 role of the narrator. Through the landscape, the viewer is first immersed in the daily life of this community of camel herders, who live harmoniously in the environment.But what could be a simple and happy life becomes one with much adver-sity. The idea of progress and development through over-industrialization does not take into account the disruption it causes in the lives of these people. Semi-nomads breeders that have been on this land for generations are now facing new boundaries. Their lifestyle and traditions are endangered as well as the next genera-tions’s future .

Process

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

We choice to connect these two experiences to give some distanced perspective, 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 community and 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 the Maldhari community has under the Forest Rights Act only. The game facilitates the players to put themselves in scenarios where they need to contest their spaces in the conflict zones. In the real world scenarios the industrial setups and communities have their own different agendas and livelihoods to take care of. Their only conflict point becomes the land. To represent these the game involves 5 scenarios each for the two players/ teams. There are two separate paths assigned for the movement for each player/ team representing the different agendas the two tend to take in real life situations. 5 intersection points between the two paths is where the two players can claim their space. This can only be achivieved once the players have the prerequisites on the scenarios cards ( understanding of rights 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 the rights and specifically under the forest rights act. It facilitates in the understanding of what resources and legal evidences these communities can use to claim their rights. It does not however help in the understand-ing of formation or function of various committees like the Forest Rights Committee or the Gram Sabha. It does not also shed light upon other legislations that can be used like the Biodiversity Act 2002. The game also displays a limited role of the forest department which otherwise holds a key position in handling negotiations with respect to the communities and forest land. This however was done in other to simplify the understanding of rights. The game uses a dice to navigate through the game giving both players/ teams equal chance of winning although in the real situation the industrial 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 various legislations that could facilitate strategizing amongst the community members to gain their rights.

26

7. NEXT STEPSWith the above analysis it is thus argued that the myriad of problems from loss of traditional livelihood to affected health of the camel population, the industrial encroachment on forest land and consequent exploitation and deterioration of natural resources are all 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 one hand the community must be made aware of their rights and the legal frameworks relevant to their concerns so that they are better equipped to mobilise themselves and claim their rights, the Government and other right holders in this entire scenario must be made aware of the complexity and consequences of their decisions on these communities. As a group of design students, this project aims at 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. The game 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.

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

April 2013