TABLE OF CONTENTS
BIBLIOGRAPHY…………………………………………………………………..27
RESEARCH METHODOLOGY 1) Hypo Hypoth thes esis is: The Commons should be protected as they are beneficial to the humans and to the ecology.
2) Scope Scope and and limitat limitation ion:
In the present research paper, the focus has primarily been on the concept of the Commons. The secondary focus has been on understanding the Commons with respect to the process of globalisation and governance. Also the scope of this research paper is limited to the study of Commons in India only.
3) Research Questions:
The The foll follow owin ing g are are the the set set of rese resear arch ch ques questi tion onss whic which h have have been been addr addres esse sed d throughout this research paper and a sincere attempt has been made to answer them:
1) Should the Commons as a system of managing the natural resources be continued in the future? 2) Are the Commons beneficial to the humans and the ecology? 3) How and by whom should the Commons be governed? 4) How has globalisation affected the Common Property Resources?
4) Methodology:
This research paper has been written in a descriptive and analytical method.
5) Sources of data:
The researcher has used both primary and secondary sources of data.
6) Mode of Citation:
A uniform mode of citation has been used throughout this research paper.
7) Chapterisation:
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Chapter 1 deals with the different perspectives on the Common Property Resources. It incl includ udes es the the lega legal, l, econ econom omic ic,, soci social al and and envi enviro ronm nmen ental tal pers perspe pect ctiv ives es on the the Commons.
Chapter 2 covers the Common Property Resource in relation to India with respect to the process of globalisation and governance. In this chapter case studies are used to study Commons in relation to India.
Chapter 3 presents an Alternative view on Common Property Resource according to the researcher which is supported by a case study by scholar Emmanuel Bon.
Chapter 4 deals with the future of the Commons in light of the various factors affecting it, especially the process of globalisation and governance. It also includes few solutions to the problem of degradation and decline of the Common Property Resource in India.
INTRODUCTION This This projec projectt is primar primarily ily concer concerned ned with with the Common Commonss or the Common Common Property Property Resour Resources ces as they they are popula popularly rly known known worldw worldwide ide.. Also Also the co-rela co-relatio tion n betwee between n commons and the process of globalisation as well as governance is examined.
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Common Property Resource can be defined as those resources which are used by members of a community in a mutually exclusive manner without any individual ownership rights, wherein rules for the use of the common resource are framed by the member memberss of the commun community ity themse themselve lves. s. Exampl Examples es of common common proper property ty resour resource ce include common grazing grounds, water bodies, certain types of forests and village panchayat lands. 1
The Common Property Resources do not exist in isolation that is to say that there are other factors apart from the people’s participation that affects them. Two of these factors factors which which play play a promin prominent ent role role insofa insofarr as affecti affecting ng the Common Common Proper Property ty Resources are concerned are the process of globalisation and governance. It shall be the endeavour of the researcher to understand the above mentioned two factors in relation to the way that they affect the Commons. With the growing globalisation, India, as a member state has had to confirm with international bodies like the World Trade organisation in so far as areas such as agriculture are concerned. This in turn has brought to the fore the issue of the Common Property Resource as a safety mechanism to ensure that the livelihoods of Indian farmers are not adversely affected. The The issu issuee of gove govern rnan ance ce in relat relatio ion n to Comm Common onss is also also very very impo import rtan antt as it determines the efficiency of the Common Common area insofar as its management and usage is concerned.
The Common Property Resource has been understood from different perspectives. These These perspe perspecti ctives ves includ includee legal, legal, econom economic, ic, politi political, cal, social social and psycho psycholog logical ical perspectives. In this research paper an attempt has been made to gain a broader understanding of the Commons through the inclusion of some of these perspectives economic, legal, social and psychological perspectives. Also an attempt has been made made to reco reconc ncil ilee the the diffe differe rent nt pers perspe pect ctiv ives es ment mentio ione ned d abov abovee into into the the lega legall perspective.
The Common Common Proper Property ty Resour Resource ce is examin examined ed with with respec respectt to Global Globalisa isatio tion n and governance on a global level and as well as national level that is in relation to India.
1
Environmental Economics: An Indian Perspective, pg.201 ( Rabindra N. Bhattacharya, New Delhi: Oxford University Press, 2001).
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Also the popular mainstream views on Commons along with the alternative views are presented. Finally the future of the Commons in the light of process of globalisation and governance policies is discussed.
CHAPTER 1 DIFFERENT PERSPECTIVES ON COMMONS Ther Theree are many many pers perspe pect ctiv ives es regard regardin ing g the the Comm Common onss and and thei theirr util utilit ity. y. Thes Thesee perspectives also include the element of governance and its role in the management of the Commons. Through these different viewpoints our understanding regarding the
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Commons is augmented and it thus aids in striving towards a holistic approach in understanding the commons.
The following are some of the prominent perspectives on the Commons:
Economic Perspective
According to the economic perspective, Common Property Resource can be defined as “a proper property ty on which which well well define defined d collect collective ive claims claims by an exclus exclusive ive group group are established, the use of resource is subtractive, having the characteristic of a public good as indivisibility.” 2
In light of this definition two questions need to be examined in respect of Commons, that that is, in which which situat situation ion does the Common Commonss assume assume significa significance nce as a form form of resource management? The other question to be asked is how does it materialise? 3
The answer to the first question mentioned above lies in viewing Commons as a case that is pertaining to scale of economies. In such a situation both ‘carrying capacity of the resource’ and ‘efficiency criteria’ have to be taken into account. In this scenario after after a certain certain period of time, time, lets say point point ‘a’, Common Common Property Property Resource Resource is prefer preferabl ablee to privat privatee proper property ty or open open access access system system becaus becausee of more more efficie efficiency ncy insofar as land productivity is concerned after a certain point ‘a’, for instance. The answer to the second question is somewhat related to the answer to the first question, that is, the materialisation of the Commons depends on the failure of the private resource in relation to its efficiency, for example, as to its output. Another important reason for the emergence of Commons can be attributed to failure of the state to effectively manage the resource as a public resource. 4
Garrett Hardin argues against the Common Property Resources in his famous article titled “Tragedy of the Commons” in which he traces the first beginnings of the recog recogni niti tion on of the the conc concep eptt of trag traged edy y of the the comm common onss in the the year year 1833 1833 by a mathematician by the name of William Forester Lloyd. He said that the main point to 2
Supra note 1 at pg. 200. Supra note 1 at pg. 204. 4 Supra note 1 at pg.205. 3
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be noted in the remarkable tragedy is not the unhappiness but rather the absence of any remorse in the working of things.5
Hard Hardin in furth further er expl explai ains ns the the trag traged edy y of Comm Common onss by givi giving ng the the exam exampl plee of a pastureland accessible by all the members of a local community. He states that it is expected normally that each herdsmen will keep as many herds on the Common pastureland as is possible for him to keep. According to him in this scenario every rational herdsmen will try to increase his profits. The herdsmen therefore will engage in a kind of utility based analysis in which they shall be concerned with the question that what shall be the utility to them of adding an additional animal to their existing group of herd? He goes on to state that there will be both a positive utility +1 of adding another animal to herd by a herdsmen and he will be able to increase his overall profits and a negative utility which would be related to the overgrazing by the additional animal added to his group of herd. But the negative utility of -1 will be shared by all the other herdsmen as well. So in effect, the person who increases his herd size will suffer only a fraction of -1 utility arising out of overgrazing by extra animal added by them to his herd. Therefore, the net effect of adding one more animal into his herd will be overall overall positive. positive. On this basis, basis, Hardin argues that every rational rational herdsman will continue to increase the size of his herd for his personal benefit but at the cost of common detriment of the community as a whole. This ultimately will lead to everybody’s ruin according to him. He further added that “freedom in commons brings ruin to all.” 6
The researcher humbly submits that he disagrees with the above mentioned views of Garrett Hardin on Commons as according to the researcher Hardin in his analysis based on tragedy of Commons related to economic principles of utility somewhat overlooks the fact that traditionally tra ditionally the community based people using Commons have been able to make an organised use of their Common resources through their customs and practices which ensured in most cases that the Commons as a resource is not overexploited by any member(s) of their community. Hardin does mention in his article about the system of Commons working properly in the past due to the prospect of “tribal wars, disease, poaching” keeping the population of both humans and animals 5
Garrett Hardin, “The Tragedy of Commons”, pg. 1244, 162(3859) Science, 1968. Id.
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in control. But this analysis fails to account adequately for the inherent rationality in the the huma human n bein beings gs whic which h shou should ld have have lead lead to the the occu occurr rren ence ce of the the ‘trag ‘traged edy y of commons’ in the first place, in the traditional communities using Commons as argued by Hardin himself.
Further the argument of the researcher is backed by the World Bank discussion papers titled “The Management of Common Property Natural Resource” in which it is stated that commons is misunderstood in context of a regime for managing natural resources. One of the major fallacies in this context is dubbing of areas where there is no “manag “manageme ement nt regime regime”” in posit position ion as a Common Common Property Property area area by develo developme pment nt planners among other individuals. It is further stated that the false picture is complete with the citation of “inevitable tragedy of Commons.” 7
This paper goes on to state how Hardin’s metaphor of the ‘tragedy of commons’ confuses the open access system of resource management with the Common Property Resource as a system for the management of resources, thereby not accepting the possibility of the community resource users to come together to frame a set of rules and regulations with respect to the usage of the Common Property Resource in a harmonious manner in which there is no misuse of the common c ommon property. 8
Social Perspective Perspective
According to noted environmentalist N. S Jodha, Common Property can be generally defined as “those resources in which a group of people have coequal use rights.” He further says that in relation to Indian villages, the examples of Commons include commun community ity pastur pastures, es, waste waste lands, lands, commun community ity forest forests, s, villag villagee ponds ponds,, rivers rivers and thre thresh shin ing g grou ground nds. s. Jodh Jodhaa focu focuse sess on the the impo importa rtanc ncee of the the Comm Common on Prop Propert erty y Resources in the developing countries because of the huge dependence of the rural
7
Daniel W. Bromley and Michael M Cernea, The Management of Common Property Resources, pg. 1 (Washington: The World Bank, 1989). 8 Ibid at pg.6.
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peo peopl plee on it for for thei theirr subs subsis isten tence ce.. Thus Thus,, it take takess care care of the the “pro “produ duct ctio ion n and and consumption” needs of the rural communities in many ways. ways .9
Jodha Jodha also notes how the legal ownership ownership of these Common Property Property resources resources rests with the State but still in effect control over these resources in terms of their usage and management rests with the local village communities.
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According to the humble
opinion of the researcher, the fact that the legal ownership of Commons rests with the stat statee is one one of the the prim primar ary y reas reason onss whic which h lead leadss to publ public ic inter interve vent ntio ion n in the the management of the Common Property Resources in the name of general welfare of the communities which are using these Common areas as well as the supposed revival of Common Property Resources.
This in turn further leads to mismanagement of the Commons and their resultant depletion because of alienation of the local community people from their traditionally managed Common Property Resources through their customs and informal social sanctions which is replaced by unenforceable legal and administrative administrative processes.11
In another article relating specifically to wastelands as a Common Property Resource of the village based communities, c ommunities, N.S Jodha states that privatisation of Commons on a large level has lead to the decline of these areas. Also he argues that one of the major reasons for the failure of the State sponsored efforts at development of wastelands is the “missing stakeholder participation” of the local community people. 12
Jodha also attributes the decline in the area of the Commons to factors such as demography demography,, ecology ecology and market forces. forces. According According to him, the demograph demographic ic factors factors responsible for declining Commons area is population size of villages and the number of households in a village. In the ecological factors, he includes the degree of submarginal lands used as Commons and total area of the village. As far as market factors are concerned, concerned, he says that the distance from the marketplace, marketplace, the percentage percentage of cash crops grown in relation to the entire cropped area and level of communication services 9
N.S Jodha, “Rural Common Property Resources: Contributions and Crisis”, pg. 65, 25(26), Economic and Political Weekly, 1990. 10 Id. 11 Supra note 9 at pg. 71. 12 N.S Jodha, “Waste Lands Management in India: Myths, Motives and Mechanisms”, pg. 469, 35(6), Economic and Political Weekly, 2000.
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availa available ble which which are suita suitable ble to the market market orient orientati ation on of agricu agricultu lture re consti constitut tutee important parts of market factor. 13
Environmental Perspective Perspective
The environmental perspective is very important to understand the issues of ecological balance with regard to Common Property Resources and its governance models.
The constitutional law has a very important role to play insofar as protection and mainte maintenan nance ce of enviro environme nment nt includ including ing natura naturall resour resources ces and Common Common Proper Property ty Resources like rivers, common pasture lands and common forest lands among others. The Indian Constitution like other Constitutions of the world incorporates sustainable develo developme pment nt as the main main princi principle ple for govern governanc ancee of natura naturall resour resources ces includ including ing Commons.14
Acco Accord rdin ing g to the the auth autho or Md Zafa Zafarr Mah Mahfoo fooz Nom Nomani, ani, “the the rele releva van ncy and and comt comtem empo pora rane neit ity y of envi enviro ronm nmen enta tali lism sm requ requir ired ed to be heav heavil ily y seat seated ed unde under r environment environmental al policy policy and law. This can be achieved achieved only when a significant significant number of the people showing their political and ideological mind set become conscious of the common stake of human being and moved to persuade the government to act in conformity with ecological integrity, global commonality and universal heritage of mankind.”
Legal perspective
The legal perspective in relation to the Common Property Resources stems primarily from the Constitution of India. Moreover, this perspective covers “common benefit sharing” and equal distribution of benefits available from the resources. It is also mirror mirrored ed throug through h a number number of laws laws includ including ing both both legisl legislativ ativee and admini administr strati ative ve processes processes at the central and the state level, started started during the sixties and early part of the eighties. An example of this legislation is the 73 rd and 74th Amendments to the 13
Supra note 9 at pg. 72. Md Zafar Mahfooz Nomani, “Enviro-Constitutional Ethos in Right Duty Discourse: Towards the Creation of an Equitable and Sustainable Socio-Legal Order”, pg. 61, 1(1), Indian Journal of Environmental Law, 2000. 14
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Indian Constitution which ushered into the era of the local self government, thereby giving local communities a greater role to play in the management of the natural resources including the Commons. Commons .15
But at the same time the conflict between the State Sovereignty and the individual Sovereignty exists very much in reality and it manifests itself through the “Eminent Domain” of the State insofar as ownership of land is concerned and this extends to Common Common Property Property Resour Resources ces also. An exampl examplee of the State using using its power power of Eminent Domain is the case of the Narmada Valley project in which the adivasi community was displaced by the Construction work of the Narmada Dam project. These people who had been traditionally living in these areas in perfect harmony with their natural surroundings and who used to worship the Narmada river and the forests, were being unceremoniously forced to shift from the areas which was ‘home’ for them. They were being uprooted from their traditional surroundings to which they related completely to “resettlement” sites in another State by the government through the use of its Eminent Domain power. The attitude of the government officials as well as the project implementation authorities towards the adivasi is captured by the terse words of a politician when he said that they are “rats who will be flushed out of their rat-holes when the waters rise”.
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But still the researcher is of the humble opinion that the role of the Indian Constitution in dealing with the issue of security and other pertinent concerns of certain group of persons such as the tribal and other marginalised groups of the society occupying the Comm Common onss cann cannot ot be unde undere remp mpha hasi sise sed d just just on the the basi basiss of ques questi tion on of the the implementation issues in some cases which nevertheless need to be addressed in the near near future future.. It is therefo therefore re also also essent essential ial to go into into the Consti Constitut tution ional al provis provision ionss regarding the Commons Property Resources in relation to the people that use them.
The Constitution of India provides in the Directive Principles of State Policy for the primary principle of natural resource management, in the following Articles: 15
M.K. Ramesh, “ Legal Overview of the Natural Resource Management and the State Agricultural Policy”, pg. 1-2, sourced from http://www.nlsenlaw.org/agriculture/articles/legal-overview-of-thenatural-resource-management-and-the-state-agricultural-policy/ ( Visited on 27.7.09). 16 Jai Sen, “The reclaiming of eminent domain: The sovereignty of the people, the legitimacy of the state, the relevance of the Narmada hearings”, sourced from http://www.narmada.org/articles/JAI_SEN/reclaim.html (Visited on 28.7.09).
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1) Article 39(b): distributio distribution n and control of the material resources of the community community are so distributed as best to subserve the common good. 2) Arti Articl clee 39(c 39(c): ): the the opera operati tion on of the the econo economi micc syst system em does does not not resul resultt in the the concentration of wealth and means of production to the common detriment.
The The abov abovee ment mentio ione ned d prov provis isio ions ns alon along g with with the the prov provis isio ions ns in rela relatio tion n to the the Administration of the Scheduled Areas and Scheduled tribes in the Fifth Schedule and the Provisions in the Sixth Schedule relating to the Administration of Tribal Areas help in giving a greater degree of autonomy and control over local resources by certain specifically identified group of people like the tribal people. This means that there is some degree of (much needed) protection available in the Indian Constitution to the tribal tribal commun communitie itiess to manage manage their their Common Common Proper Property ty Resour Resources ces on which which they they exercise joint co-equal control, according to their traditional customs and established practises.17
The researcher with due respect to the above mentioned views submits that the above ment mentio ione ned d prov provis isio ions ns of the the Indi Indian an Cons Consti titu tuti tion on have have not not been been impl implem emen ented ted comp comple lete tely ly and and that that most most of thes thesee prov provis isio ions ns remain remain true true only only inso insofar far as the the Constitutional scheme is concerned but but when it comes to the Constitutional practice, there is still much to be realised. As mentioned earlier the use of “Eminent Domain” pow power er by the the Stat Statee to disp displa lace ce peop people le stil stilll very very much much cont contin inue uess to exis existt to the the detriment of the people including the people inhabiting the Commons. But at the same time the importance of the legal perspective cannot be underscored as it lays down the basic framework consisting of the ideals and objectives to be achieved which can become a reality in the future through concerted action. This concerted action should in the humble opinion of the researcher be based upon the attempt to integrate the best of all the availa available ble perspe perspecti ctives ves includ including ing social social,, econom economic ic and legal legal perspe perspecti ctive ve among others. This would ensure that there is a broader and perhaps more holistic understanding of the Common Property Resource related issues which in turn would assist in overcoming the various hurdles associated with the Commons.
17
Supra note 14 at pg. 2.
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Therefore, the researcher strongly believes that the different perspectives mentioned above as well as other perspectives including political and psychological perspectives must not be seen to exist in opposition to each other or as isolated from each other. These These differe different nt perspe perspecti ctives ves must must not only only amicabl amicably y co-exi co-exist st with with each other other but rather go a step further and try to integrate themselves into a single framework. This framework framework could be the legal framework which accommodates accommodates the positive positive points of all the available perspectives on the Common Property Resource and its related issues.
CHAPTER 2 COMMON PROPERTY RESOURCE RESOURCE IN RELATION TO TO INDIA WITH RESPECT TO GLOBALISATION AND GOVERNANCE History of Common Property Resources The Common Property Resource was a part of Indian property system since time immemorial. Earlier they were regulated by way of the community control systems whic which h was was dece decent ntra rali lized zed and and varie varied d in chara charact cter. er. Sinc Sincee the the time time of the the Brit Britis ish h Coloni Coloniali alism, sm, around around 1860, 1860, this this policy policy was revers reversed ed and there there was an increas increasing ing inte interf rfere erenc ncee of the the Stat Statee in the the mana manage geme ment nt of the the Comm Common onss whic which h incl includ uded ed conversion of Common Property Resources into government property resources. A concrete concrete example example of the growing growing distancing distancing of the Indian village based communities communities from the Common Property resources is the British government’s policy of reserving the forest for the purpose of generating revenue for dealing with the industrial and
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commercial requirements back home. It also established the Forest Department in the year 1894. 1894.18
The policy of State control over the natural resources including the Commons lead to negative effect on the “close and living relationship” between the natural resources, tribal population and the village based poor people who majorly dependent on these resources resources for their subsistence. subsistence. The British British policies policies of “scientific “scientific management” management” were focussed to benefit the tactical needs of the British but it also lead to the ruin of the forest wealth of the rural communities whose natural way of life was badly affected apart from subsistence problems which also cropped up for them as a result of the disturbance of the delicate balance between environment and traditions and customs of rural communities. communities.19
Common Property Resource in India after Independence (Case Studies)
The The exte extent nt of Comm Common on Prop Propert erty y Reso Resour urce ce in Indi Indiaa after after inde indepe pend nden ence ce vari varies es noticeably from one state to another and it also varies over time. The following are the four indicators indicators on whose basis the Common Property Resources Resources can be compared in relation to the different states in India as also study the changes over time: 20
1) Ratio of of Common Common Property Property Resour Resources ces to geographica geographicall area.
2) Per Per capi capita ta Com Commo mons ns are area. a.
3) Ratio Ratio of of Commo Commons ns to to waste wastelan lands. ds.
4) Ratio Ratio of Comm Commons ons in in two time time periods periods..
18
S.R. Hiremath, “Community Control”, pg. 1, sourced from http://www.nlsenlaw.org/cross-sectoralissues/cpr/community-control/ (Visited on 27.7.09). 19 Ibid at pg. 2. 20 Supra note 1 at pg. 209.
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Using Using the above above mentio mentioned ned indicat indicators ors to differ different entiat iatee between between the extent extent of the Common Common Proper Property ty Resour Resource ce between between states states,, the follow following ing are the key inferen inferences ces which can be drawn: 21
1) The Common Common Proper Property ty Resources Resources as the percen percentag tagee to the total total geogra geographi phical cal area differs from 4 to 30 per cent in various states excepting the state of Himachal Pradesh where there is the system of protected forest based Common Prop Proper erty ty Reso Resour urce ce.. In star stark k cont contra rast st the the stat states es of the the nort northh-ea east st and and moun mounta tain inou ouss regi region ons, s, the the nonnon-fo fore rest st Comm Common on Prop Propert erty y Reso Resour urces ces are comparatively lesser.
2) It has been observ observed ed that there there is a decline in the the Common Propert Property y Resource Resource lands where community based rights exist. Moreover, there is also a decline in the Per capita Commons land. It has been noticed that arid and semi-arid states of Madhya Pradesh, Karnataka, Maharashtra, Rajasthan and Gujarat exhibit more a more definite decline in the ratio of their Common Property Resources.
The present prevailing status of Commons is representative of an inseparable facet of rural rural poverty poverty in dry regions regions of India. India. The The diminu diminutio tion n of the Common Common Proper Property ty Resources is a significant pointer to the growing poverty of the rural regions. In this regard the declining area under Commons and the increasing dependence of rural pop popul ulac acee on them them for for thei theirr surv surviv ival al is a more more spec specif ific ic poin pointe terr to this this grow growin ing g poverty. poverty.22
Among the many reasons recognized for the decrease in the area of the Common Property Resource, prominent are the public interventions in managing Commons relating to issues of governance, growing market forces (globalisation), population growth and increasing technological changes for the management of the Commons. As far far as the the issu issuee of publ public ic inte interv rven enti tion on is conc concer erne ned, d, it main mainly ly rela relate tess to the the privatisation of Commons on a huge scale to supposedly benefit the ‘poor’ people. The market market force force includ includes es the commer commercial cialisa isatio tion n of the commun community ity based based rural rural 21 22
Supra note 1 at pg. 210. Supra note 9 at pg. 69.
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villages villages and their subseque subsequent nt integration integration with the conventio conventional nal market market which lead to an increased pressure on the Common Property Resources and their resultant abuse. Also higher population growths lead to a greater pressure on the Common Property Resources. The substitution of the community based participation and initiatives with technology based programmes and measures further lead to the marginalisation of the rural based communities and Common Property Resources. Resources.23
Diagram showing the Process of Depletion of Common Property Resources in the Dry Regions of India
23
Supra note 9 at pg. 69-70.
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Public interventions
Market Factors
Shrinkage of Common Property Resources
Demographic factors
Technological factors
Sourced from N.S Jodha’s Rural Common Property Resources: Contributions and Crisis, pg. 70.
The findings from a seven village case study of Common Property Resources carried out by Tony Beck and Madan G Ghosh in the agro-ecological zones of the state of West Bengal is presented here. This study of Commons in village areas of West Bengal was carried out between the years 1993 and 1996. The primary findings of this
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research carried out by the above mentioned, two scholars can be summarised in the following points: 24
1) It was found that Common Property Resources continue to play a significant role in the lives of the poor people in India as in the past notwithstanding the differences in study methodologies and regional discrepancies.
2) The various studies and research work in the the field of the Commons has shown shown use and collection of Common Property Resources is primarily the work of women and children of the village communities.
3) There There is a system systematic atic process process of exclusio exclusion n of the poor poor people people from Common Common Property Resources in India which is being shaped and helped by various processes incl includ udin ing g
libe libera rali lisa sati tion on,,
mark market etis isat atio ion, n,
comm commod odif ific icat atio ion n
and and
agri agricu cult ltur ural al
intensification. These processes have been in operation since decades.
This This stud study y poin points ts out out a very very dist distur urbi bing ng trend trend of the the afflu affluen entt peop people le’s ’s grow growin ing g domination of the Common Property Resources which was earlier used by the poor people living in the rural communities. This process of increasing marginalisation of the poor people insofar as their access to the Commons Commons is concerned concerned is being carried out the proces processs of privat privatisa isatio tion n and enclos enclosing ing of Common Common Proper Property ty Resour Resources ces.. Moreover, the underprivileged rural people are being stopped from using Common Property Resources in some cases by the affluent class of people. Apart from this other factors which are leading to shrinkage in the Commons area according to this study are the increasing strain on the Common Property Resources due to high population growth rate. Also the study notes that earlier system of traditional control through custom customss and social sancti sanctions ons used used for the manage managemen mentt of the Common Common Proper Property ty Resources seem to be on the verge of collapse. All these factors cumulatively add up and thus ultimately lead to the overall degradation of Common Property Resources. 25
24
Tony Beck and Madan G Ghosh, “Common Property Resources and the Poor: Findings from West Bengal”, pg. 148, 35(3), Economic and Political Weekly, 2000. 25 Id.
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The Common Property Resource assumes more importance in the era of globalisation. For instance a concrete example of the effect of globalisation on the Commons is the World Trade Organisation’s Agreement on Agriculture (AoA) which stipulated the quan quanti tita tati tive ve restri restrict ctio ion n (QR) (QR) regi regime mess remo remova val. l. This This poli policy cy woul would d impa impact ct the the live liveli lih hood ood of many many Ind Indian ian farm farmer ers. s. To deal eal with with the the pros prospe pect ct of furt furth her marginalisation of relatively poor Indian farmers and cultivators it is necessary that the option of income diversification is made available in the form of Common Property Resources so that the poor Indian farmers are not adversely affected by the removal of the quanti quantitati tative ve restri restrictio ction. n. Therefo Therefore, re, there there is an urgent urgent need need to develo develop p India’s India’s Common Property Resource structure along with the private agricultural lands in the aftermath of the implementation of the Agreement on Agriculture. 26
CHAPTER 3 AN ALTERNATE VIEW ON COMMONS The researcher is of the humble opinion that the Common Property Resources has been been primar primarily ily viewed viewed from from the econom economic ic viewpo viewpoint int of efficie efficiency ncy and utilit utility y by 26
A. Damodaran, “WTO Agriculture Agreement, Common Property Resources and Income Diversification Strategy”, pg. 3633, 36(38), Economic and Political Weekly, 2001.
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economists like Garrett Hardin. He has based his analysis of the Common Property Resources on the ‘Tragedy of the Commons’ which has been subsequently taken up by other scholars in explaining in Concept of the Commons and more so in dismissing it as a system which is doomed to fail sooner or later.
But But this this does does not not mean mean that that there there has has been been no othe otherr prom promin inen entt view viewpo poin intt of unders understan tandin ding g the Common Common Proper Property ty Resour Resource ce syste system. m. For instan instance, ce, the socia sociall viewpoint primarily advocated by N.S Jodha in India deals with the social relevance of the Commons in the life of the rural village based communities. He basically deals with the importance of the Commons for the subsistence of the rural poor. He tries to show the deep and intrinsic relationship between the rural communities and the natural resources including the Common Property Resource which existed from the earlier times (since hundreds hundreds of years ago). This intrinsic intrinsic relationship relationship according according to Jodha is being disturbed by the privatisation of the Commons and the growing alienation of the rural people from their natural resources and their systematic exclusion from their management. Thus, Jodha identifies the growing degradation and shrinkage of the Common Property Resources with its mismanagement because of increasing use of technology which is replacing the rural people’s traditional system of social sanctions and customary laws which with which they used to mange their Common Property Resource.
The researcher strongly believes that somewhere in the various prominent discourses on Common Property Resources, the ecological perspective is found missing to some extent. Although there is some mention of how the management and control of the Comm Common onss by the the rura rurall comm commun uniti ities es woul would d lead lead to a bett better er mana manage geme ment nt of the the Commons and thereby check the degradation of the environment as well by N.S Jodha but by and large that arguments on Commons revolves around social considerations involving the rural poor.
The researcher is of the humble opinion that ecological importance of the Common Property Resource cannot be overlooked or be underemphasised. In this regard it is impo import rtan antt to note note the the sign signifi ifica canc ncee of the the Comm Common onss in the the main mainte tena nanc ncee of the the ecological balance in the nature. At the same time, it is also needs to be recognised especially by the government, that the traditional community based management of
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the the Comm Common onss with with a few few inno innova vati tion onss in it keep keepin ing g in mind mind the the everever-ch chan angi ging ng conditions effectuated by factors such as governance and process of globalisation among others, would perhaps be one of the better suited approach if not the best approach to deal with the growing ecological imbalances in nature.
As Anil Agarwal, an environmentalist said in one of the public meetings he addressed that that,, “The “There re is no pess pessim imis isti ticc view view abou aboutt the the peop people le’s ’s respo respons nsee to long long term term environmental stress. Empirical case studies tell us that people respond positively to crisis crisis situat situation ions. s. The challe challengi nging ng questi question on is: Are centra centrall govern governmen mentt and public public agencies willing to understand, support adequately and encourage social engineering mechanisms?”27
Therefore, the ecological perspective on the Common Property Resources also needs to be kept in mind as one of the standpoints which advocates the continuing existence of the Common Property Resources on the basis of the resultant benefits to the ecology. ecology. Needless to add that this would would become become a reality only with the involvemen involvementt of the local local rural rural based based Commun Communitie itiess partic participa ipation tion in the admini administr stratio ation n of the Commons as they are the ones who have been living in more or less complete harmony with the nature.
CHAPTER 4 THE FUTURE OF THE COMMONS The Common Property Resource’s future does not seem to be very bright considering the framework in which it is rooted which includes intrusive State policies in the manage managemen mentt of the Common Commons, s, rampan rampantt privat privatisa isatio tion n of the Common Common Proper Property ty 27
Emmanuel Bon, “Common Property Resources: Two Case Studies”, pg. 2572, 35(28), Economic and Political Weekly , 2000.
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Resources and overall disregard and overexploitation of the existing Commons. Apart from these primary factors, there is also some other important important factors contributin contributing g to an uncertain future for the Commons which include the absence of any user based lobby for advocating the significance of the Common Property Resource. Also issues concerning the Commons don’t get much media attention and thus there is lack of awaren awareness ess among among the public public regard regarding ing the import importanc ancee of the Common Common Proper Property ty Resource. Resource.28
In the opinion of the researcher a lot needs to be done in order to ensure that the Common Property Resource as a system of land and natural resource management does not fade into oblivion. The biggest stakeholders in this revival and resurgence of the Commons will have to be the local rural community based people without any doubt. doubt. But at the same time there has to be a realisation realisation that there is an inherent need for some change for ensuring that Common Property Resource system survives in the future as well. This realisation must come to the local community people using the Comm Common onss as they they are are the the ones ones who who have have trad tradit itio iona nall lly y been been invo involv lved ed in the the management of the Commons. The government on the other hand must also realise its respo respons nsib ibil ility ity of givi giving ng auto autono nomy my to the the loca locall rura rurall comm commun unit ity y peop people le in the the management of the Commons and it would desist from unnecessarily interfering in the governance of the Commons. It should not jump to conclusions of dismissing the Common Property Resource as a failed system but rather it should see the continuing existence of the Commons despite its shortcomings as a proof of its significance in the lives of millions of the rural poor people living in the villages in India as also the importance of Commons (when managed by local village communities in a traditional way) in maintaining ecological balance. According to the humble opinion of the researcher, only in the above mentioned circumstances can there be some hope for the continued existence of the Commons in the future.
28
Supra note 9 at pg.74-75.
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CONCLUSION The Common Property Resource has existed in India since a very long time. But at the same time it has remained quite dynamic insofar as it’s management, control and gove govern rnan ance ce is conc concer erne ned. d. Trad Tradit itio iona nally lly,, the the Comm Common onss were were mana manage ged d almos almostt exclusively by the local community people situated mainly in the rural areas. These local communities had their own mechanism of administering these Common Property
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Resources which included their customary laws, traditional usage and system of social sanctions. This ensured sustainability of the Commons and well as provision of a livelihood support system for the rural community based people.
Later, with the advert of the British and colonialism of India in the 18 th century, there were major changes in the administration of the Common Property Resource areas. There was a beginning of the policy of State interference in the governance and mana manage geme ment nt of the the Comm Common on Prop Proper erty ty Reso Resour urce ce regio regions ns whic which h was was to prov provee disastrous in the long run and lay the foundation for the future degradation and shrinkage of the Commons. Unfortunately, this policy of interference of the State into the governance and management of the Commons continued even in the independent Indi India. a. The The Stat Statee poli policy cy of inte interfe rfere renc ncee coup couple led d with with the the fact factor orss of incr increas easin ing g population, process of globalisation consisting of privatisation and marketisation are some some of the more more signif significa icant nt factors factors advers adversely ely affectin affecting g the Commo Common n Proper Property ty Resource. This has lead to a situation where questions regarding the desirability of the Commons have began to be raised. Much of the blame for the decline in the Commons areas has been placed on the Common Property Resource as a form of resource management system itself. It is in this respect that it becomes important to have a balanced view or a holistic view regarding the Commons rather than just focussing on the prevailing dominant viewpoints on the Commons. As a result a study of Commons from different perspectives has been attempted.
The different perspectives on Commons include the economic, social, environmental, political, psychological and legal perspectives. Out of these perspectives, the social, economic, environmental and legal perspectives have been discussed in detail. One important point to note in context of all these perspectives on Commons is that they need to seen as complementing each other in some or the other way. Ultimately a time shall come when all these perspectives can be integrated to form a single broad and perhaps even holistic perspective on Commons. This perspective can perhaps be under the framework of the legal perspective perspective which would incorporate incorporate all the valuable and impo import rtan antt insi insigh ghts ts of the the othe otherr pers perspe pect ctiv ives es for for a bett better er and and much much broa broade der r understanding of the Commons.
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Further, the Common Property Resources in India is sought to be studied in relation to the process of globalisation and governance. This is attempted to be done with the help of case studies carried out in India by scholars Tony Beck and Madan G Ghosh in the state of West Bengal. Their case study brings to light some very interesting and as well as disturbing trends about the Common Property Resource in India.
Towa Toward rdss the the end end of this this rese resear arch ch pape paper, r, an Alter Alterna nate te view view is pres presen ente ted d by the the researcher which calls for greater emphasis on the ecological perspective regarding the Comm Common onss whic which h invo involv lves es the the part partic icip ipat atio ion n of the the loca locall rura rurall vill villag agee base based d communities. By following this approach there is the dual benefit of sustainable use of the the Comm Common onss by the the local local rura rurall comm commun unit ities ies for for their their sust susten enan ance ce and and also also an ecological balance is maintained.
In the last chapter of this research paper, the future of the commons in light of a slew of factor factorss affectin affecting g it is discus discussed sed.. The researche researcherr conclu concludes des by statin stating g that that his hypothesis statement that the Commons should be protected as they are beneficial for the humans and the ecology ecology stands stands proved in the light of various various authorities authorities cited by the researcher as well as the arguments put forth by the researcher.
There is a lot of scope for development of Common Property Resource in India as traditionally in the rural parts of the country natural resources were managed by the loca locall comm commun unity ity rura rurall peop people le.. It is parti particu cular larly ly thes thesee peop people le who who need need to be empowered again so that they can effective manage and sustain the Commons. There is definitely a change of mindset in dealing with issues of Commons insofar as the State is concerned and it is this change which has a great potential for leading to the revival of the Common Property Resource in India. The r esearcher firmly believes that there can be a revival and better management of the Commons in India in the future, given given the growin growing g awaren awareness ess created created by variou variouss schola scholars rs and enviro environme nmenta ntalis lists ts including N.S Jodha regarding the significance of the Commons to both mankind and the ecology.
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Bibliography Books: 1) Environmental Economics: An Indian Perspective, (Rabindra N. Bhattacharya, New Delhi: Oxford University Press, 2001).
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2) Daniel W. Bromley and Michael M Cernea, The Management of Common Property
Resources , (Washington: The World Bank, 1989).
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1) A. Damodaran, “WTO Agriculture Agreement, Common Property Resources and Income Diversification Strategy”, 36(38), Economic and Political Weekly , 2001.
2) Emmanu Emmanuel el Bon, Bon, “Commo “Common n Proper Property ty Resour Resources ces:: Two Case Case Studie Studies”, s”, 35(28) 35(28),,
Economic and Political Weekly , 2000.
3) Garrett Hardin, “The Tragedy of Commons”, 162(3859) Science , 1968.
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Md Zafa Zafarr Mahf Mahfoo oozz Noma Nomani ni,, “Env “Enviro iro-C -Con onst stit itut utio iona nall Etho Ethoss in Righ Rightt Duty Duty
Discourse: Towards the Creation of an Equitable and Sustainable Socio-Legal Order”, 1(1), Indian Journal of Environmental Law, 2000.
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Economic and Political Weekly , 1990.
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7) Tony Beck and Madan G Ghosh, “Common Property Resources and the Poor: Findings from West Bengal”, 35(3), Economic and Political Weekly , 2000.
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