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COASTAL DEVELOPMENT IN KARNATAKA SEEING NEOLIBERALISM THROUGH - - PowerPoint PPT Presentation

COASTAL DEVELOPMENT IN KARNATAKA SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES 14 DECEMBER 2015 | INTERNATIONAL CONFERENCE OF THE COMMISSION ON LEGAL PLURALISM ADAM JADHAV PANCHABHUTA CONSERVATION FOUNDATION SEEING NEOLIBERALISM THROUGH


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COASTAL DEVELOPMENT IN KARNATAKA

SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES

14 DECEMBER 2015 | INTERNATIONAL CONFERENCE OF THE COMMISSION ON LEGAL PLURALISM ADAM JADHAV PANCHABHUTA CONSERVATION FOUNDATION

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SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15

SETTING THE SCENE(S)

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SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15

SETTING THE SCENE(S)

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SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15

SETTING THE SCENE(S)

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SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15

SETTING THE SCENE(S)

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SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15

EXTERNAL OPTICS

“Development of ports and harbour contribute substantially to the successful economic development of the country by way of reducing dependence on air transportation and providing many

  • thers associated economic benefits…

“This will set an example of development in harmony with the nature for the socio-economic development not only for the region but also for the whole Karnataka State and the Country.” — Environmental Impact Assessment for Tadri Port August 2014

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EXTERNAL OPTICS

“We’re not doing this for the local people. We’re doing it for the foreigners who are going to come and pay us trillions of F^&#@ing rupees.” — R., a Mumbai gemstone trader looking for tourist investment January 2015

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SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15

EXTERNAL OPTICS

“These people, they can’t do anything like this. They need to be

  • taught. If you don’t teach them, they’ll spend their money on
  • alcohol. I can come here and bring some economic development,

and of course everyone can get rich.” — G., new aquaculture investor September 2015

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EXTERNAL OPTICS

“This is one large interconnected ecosystem. We say that the river has rights to the land.” — P., veteran ecologist in the estuary November 2015

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OVERVIEW OF THE PAPER

  • REVIEW OF THE COASTAL DEVELOPMENT PROBLEMATIQUE
  • TWIN INTELLECTUAL FRAMEWORKS: CRITIQUE OF

NEOLIBERALISM AND THE LEGAL PLURAL PERSPECTIVE

  • METHODS —INTERVIEWS, PARTICIPANT OBSERVATION, POLICY/

DOCUMENT REVIEWS, ABBREVIATED CASE STUDIES

  • CASE 1 — INDUSTRIAL SHIPPING PORT (PROPOSED)
  • CASE 2 — BEACH-BASED TOURISM (ONGOING)
  • CASE 3 — AQUACULTURE / MARICULTURE (PERIODIC / NASCENT)
  • CONCLUSIONS / IMPLICATIONS
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MY SUBJECT POSITION

  • WORKING AS A JOURNALIST

, TEACHER, VOLUNTEER, STUDENT AND RESEARCHER IN INDIA MOSTLY SINCE 2009

  • ACADEMICALLY

, METHODOLOGICALLY MIXED

  • PRESENTLY INVOLVED IN A VARIETY OF WORK FOR NGOS —

QUALITATIVE AND QUANTITATIVE RESEARCH, DEVELOPMENT ADVOCACY

  • GENERALLY INTERESTED IN POLITICAL ECOLOGY OF FISHERIES,

NATURAL RESOURCE USE/ABUSE. INCREASINGLY THINKING ABOUT MIGRATION, URBANIZATION AND “DEVELOPMENT .”

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METHODS AND ACKNOWLEDGEMENTS

  • RESEARCH A MIX OF QUALITATIVE INTERVIEWS, PARTICIPANT

OBSERVATION, NGO ACTIVISM / DEVELOPMENT WORK, POLICY ANALYSIS AND LITERATURE / DOCUMENT REVIEWS

  • RAMACHANDRA BHATTA, COLLABORATOR, IS A SENIOR FISHERIES

ECONOMIST WITH LONG-TERM INTERESTS IN COASTAL ISSUES IN KARNATAKA

  • ACKNOWLEDGEMENTS TO VIDYA DINKER, BHARATH KUMAR, V

RAJALINGAM AND OTHERS

  • THIS IS CONNECTED TO OTHER ONGOING WORK ON ESTUARY

CONSERVATION SUPPORTED BY WWF-INDIA AND THE DIGITALGLOBE FOUNDATION

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QUICK BIT OF THEORY: NEOLIBERALISM

  • OPERATING FROM HARVEY’S ASSESSMENT OF NEOLIBERALISM

AND THE NEOLIBERAL STATE (2005)

  • PRIVATIZATION AND REALLOCATION OF RESOURCES THAT

ULTIMATELY SUPPORTS RESTORATION OR MAINTENANCE OF CLASS POWER

  • DOUBLING DOWN ON NEOCLASSICAL MODEL WITH EMPHASIS ON

EXPORT , TRADE, INDIVIDUAL ENTERPRISE, CAPITALIST OWNERSHIP , CONVERSION TO LABOR, STATE RETREAT FROM GOVERNANCE, ETC.

  • NEOLIBERAL STATE IS ONE THAT ENABLES, PROTECTS AND

PROMOTES THIS PROCESS THROUGH CONSPICUOUS ABSENCE AND DOUBLE MOVEMENT (CF POLANYI)

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QUICK BIT OF THEORY: NEOLIBERALISM

  • THE INDIAN STATE SINCE THE 1980S HAS ESSENTIALLY

FOLLOWED THE NEOLIBERAL TURN; LIBERALIZATION AND STRUCTURAL ADJUSTMENT IN 1991 INTENSIFIED THIS

  • WELL-DOCUMENTED IN EXAMINATIONS OF THE STATE,

COMMUNITIES, CAPITALISM (CHIBBER, CHARI, GIDWANI)

  • SOME LITERATURE SPECIFICALLY HIGHLIGHT NEOLIBERAL

TRANSFORMATIONS (E.G. LE MONS WALKER, KESHARI DAS, KURIEN)

  • SOME NOTE TRANSITIONS IN COASTAL SPACES THAT SOUND A

LOT LIKE NEOLIBERALISM (E.G. KUNDU/SAHU, KUMAR ET AL)

  • ANY GIVEN ISSUE OF EPW SHOULD CONFIRM THIS
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QUICK BIT OF THEORY: LEGAL PLURALISM

  • LEGAL PLURALISM: A SITUATION WHERE DIFFERENT

(COMPETITIVE?) NORMATIVE SYSTEMS OR LEGAL ORDERS EXTENDING TO THE SAME SPACES, ACTORS, SITUATIONS (BENDA- BECKMANN 2002, BERMAN 2014)

  • LEGAL PLURALISM NOT A DICHOTOMOUS CONDITION BUT RATHER

AN ARRAY OF VARYING NORMATIVE OR LEGAL ORDERS WITH A MULTIPLE FEATURES/CHARACTERISTICS SITUATED ON CONTINUA. (BENDA-BECKMANN 2002)

  • ANY SITUATION/ACTOR/OBJECT COULD BE A SUBJECT OF A

VARIABLE AND EVEN HIERARCHICAL SET OF SOCIAL LAW/NORMS, MORALS/ETHICS, STATE LAW (INCLUDING PLURALISM WITHIN THE STATE), AND INTERNATIONAL “LAW.” (MENSKI)

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QUICK BIT OF THEORY: LEGAL PLURALISM

  • IN INDIAN COASTS / FISHERIES, MAARTEN BAVINCK’S WORK IN

TAMIL NADU AND ON THE CORAMANDEL COAST STANDS OUT

  • KERALA’S KADAKKODI (“SEA COURT”) SYSTEM (PAUL, KURIEN)
  • MOGAVEERA COMMUNITY COUNCILS AND SOCIAL CAPITAL

SYSTEMS (SOME OF MY OWN EXPLORATION)

  • INTRICATE CPR AND COOPERATIVE RESOURCE MANAGEMENT

SYSTEMS THAT LOOK LIKE LEGAL PLURALISM DATE FROM HISTORY TO CONTEMPORARY IN INDIA AS ELSEWHERE (JODHA, WADE, MENON/VADIVELU)

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GEOGRAPHY

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SHIPPING PORT IN SHALLOW ESTUARY

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SHIPPING PORT IN SHALLOW ESTUARY

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SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15

SHIPPING PORT IN SHALLOW ESTUARY

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SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15

SHIPPING PORT IN SHALLOW ESTUARY

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SHIPPING PORT IN SHALLOW ESTUARY

  • GOVERNMENT ACQUIRED FARMLAND AND TRADITIONAL FISHING

GROUNDS IN 1970S FOR INDUSTRIAL DEVELOPMENT

  • LOCAL COMMUNITIES HAVE REJECTED CAUSTIC SODA FACTORY

, COAL POWER PLANTS, MULTIPLE PLANS FOR PORTS

  • LATEST PROJECT WOULD CREATE A MAJOR PORT

, DREDGING ESTUARY DEPTH FROM 1-2M DOWN TO 16-18M

  • LOCAL COMMUNITIES MIXED, PROJECT JUSTIFIED BY STATE AND

SUPPORTERS IN THE NAME OF DEVELOPMENT

  • INTENDED FOR IMPORT / EXPORT OF STEEL AND COAL, PROMOTED

BY STATE, BUILT BY PRIVATE INVESTORS

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SHIPPING PORT IN SHALLOW ESTUARY

  • ENVIRONMENTAL IMPACT ASSESSMENT BLATANTLY FLAWED,

SHODDY , RIGGED, MORONIC, ETC. IF AUTHORS ARE IN THIS ROOM, I HAVE MORE THINGS TO SAY .

  • GOVERNMENT CLAIMS LAND IS BARREN OR UNUSED; REALITY IS

THAT EVEN ACQUIRED LAND HAS BECOME SUBMERGED AND HAS REVERTED TO FISHING COMMONS

  • PORT WOULD CREATE MASSIVE DISPLACEMENT AND

DISPOSSESSION IN ESTUARY AMONG A COMMONS-DEPENDENT POPULATION ESTIMATED AT MORE THAN 20,000

  • OVERRIDING ‘DEVELOPMENT’ MOTIVE, SAGAR MALA, NATIONAL

POLITICS

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SHIPPING PORT IN SHALLOW ESTUARY

  • STATE OWNS ESTUARY AS PART OF PUBLIC TRUST OF RESOURCES

(DIVAN AND ROSENCRANZ)

  • WHICH IS DIFFERENT FROM COMMUNITY IDEA OF BOTH COMMON

POOL AND COMMON PROPERTY — THAT THE ESTUARY IS “THEIRS” BY RIGHTS (AT MINIMUM TENURE IF NOT OWNERSHIP)

  • TENSION BETWEEN OWNERSHIP AND USE; CLEARLY NEOLIBERAL

PUSH TO PRIVATIZE A COMMON RESOURCE

  • NEOLIBERAL PARADIGM: MANAGEMENT OF POLLUTION, GOOD

NEIGHBOR AND POLLUTER PAYS

  • VAGUE ON COMPENSATION FOR LOST USE VALUE; CLEAR ON

EXCLUSION / SYNOPTIC REDUCTION OF USERS / USES

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SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15

BEACH TOURISM

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BEACH TOURISM

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SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15

BEACH TOURISM

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BEACH TOURISM

  • GOKARNA SHOWS ONE OPTION, EXTENSION OF HOLIDAY CIRCUIT

IN GOA

  • MANGALORE IS THE OTHER OPTION WITH PANAMBUR BEACH, A

PRIVATIZED “ENTERTAINMENT ZONE” CROWDING OUT COMMUNITY PRACTICES

  • EMPHASIS ON FINDING NEWEST

, LAST BEST PLACES (BOTH FROM GOVERNMENT AND PRIVATE INVESTORS)

  • INVESTORS ARE COMING; COASTAL LAND GRAB IS REALITY
  • NEOLIBERAL IN THE WAYS THAT IT FINANCIALIZES AND

PRIVATIZES; ALSO FOCUSED ON EXPORTING PARADISE

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BEACH TOURISM

  • IMAGINARY: BEACH IS UNDERUSED OR DISUSED. BLANK CANVAS

AGAIN PART OF PUBLIC TRUST

  • REALITY: BEACH HOSTS MANY SOCIAL, ECONOMIC AND RELIGIOUS

INTERACTIONS: RELIGIOUS SERVICE, ECONOMICS SPACE OF FISHING, SPORT GROUND, CLOTHES DRYING, TOILET , COMMONS, TRANSPORT , LOCAL SOCIAL SPACE AND, YES, TOURISM

  • ECOTOURISM IS A KNEE-JERK ALTERNATIVE TO ECOLOGICALLY

DESTRUCTIVE DEVELOPMENT YET I HAVE SEVERE DOUBTS (AND I SAY THAT AS SOMEONE FROM AN NGO THAT ALSO MIGHT PROMOTE SOME KINDS OF ECO TOURISM)

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COASTAL AQUACULTURE / MARICULTURE

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COASTAL AQUACULTURE / MARICULTURE

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SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15

COASTAL AQUACULTURE / MARICULTURE

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SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15

COASTAL AQUACULTURE / MARICULTURE

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COASTAL AQUACULTURE / MARICULTURE

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COASTAL AQUACULTURE / MARICULTURE

  • PRIVATE ENTERPRISE BUT MAKES USE OF PUBLIC TRUST

RESOURCES / ECOSYSTEM SERVICES OR LAND THAT HAS COMMON PROPERTY RESOURCES

  • HISTORY: 1980S AND 1990S SAW RISE AND COLLAPSE OF PRAWN

CULTURE; HIGH MODERN DEVELOPMENT FALLING FLAT AFTER FAILING TO MEET LOCAL CONSIDERATIONS

  • PREVIOUS AQUACULTURE CLEARLY REMADE PHYSICAL

LANDSCAPE; CHANGED TRADITIONAL PRACTICE, USE, ORDER

  • ECOLOGICALLY QUESTIONABLE AT BEST: EXAMPLE, ONE KG OF

SEA BASS FOR EVERY FIVE TO SEVEN KG OF INPUT FISH; ENVIRONMENTAL “EXTERNALITIES”

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COASTAL AQUACULTURE / MARICULTURE

  • PROMOTED HEAVILY BY A NEOLIBERAL STATE; DRIVEN BY

NEOLIBERAL UNDERSTANDING OF FISH PRODUCTION (INVESTMENT OPPORTUNITY , EXPORT-DRIVEN, COMMODIFICATION OF FOOD, SOURCE OF FOREX)

  • SEEN AS ADDING VALUE TO “TRASH” FISH — ALLEGEDLY BETTER

CONSERVATION / ECONOMICS BUT BETTER FOR WHOM?

  • NEW AQUACULTURE APPEARS TO BE REPEAT OF HISTORY; NOT

CLEAR THAT ITS ANY DIFFERENT THAN MORE ACCUMULATION BY DISPOSSESSION

  • YET ALSO SEEN AS PART OF SUSTAINABLE, ACCESSIBLE BLUE

REVOLUTION WITH GOVERNMENT SUPPORT (DESIGN, TRAINING, SUBSIDY)

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LARGER COASTAL CONTEXT

  • I’LL MAKE A NORMATIVE STATEMENT (I CAN, THIS IS ACTION-

ORIENTED RESEARCH): COASTS ARE UNDER ASSAULT ACROSS INDIA IN NEOLIBERAL TURN.

  • NAVI MUMBAI FISHING CASE (FIELD TRIP YESTERDAY) IS EXAMPLE,

BUT LIST GOES ON… POWER PLANTS, LAND GRABS, TOURISM PROJECTS, HEAVY INDUSTRY , PORTS, SEZ, EFFLUENTS GALORE, AQUACULTURE, INDUSTRIALIZING FISHERIES, SAND MINING, OIL PRODUCTION, DEFENSE PROJECTS, CONSERVATION (MPAS!!!), PUBLIC SAFETY INFRASTRUCTURE

  • SIMPLY PUT

, THESE ARE NOT ISOLATED CASES OR EXCEPTIONS

  • ALSO IMPORTANT TO NOTE THAT RESISTANCE IS NOT UNIVERSAL
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THE LEGAL PLURALISM PERSPECTIVE

  • IF

, FOR A SECOND, WE TAKE AN EXPANSIVE NOTION OF LEGAL PLURALISM, THEN YES, WE CAN SEE SPACES AND RELATIONSHIPS ARE GOVERNED BY MULTIPLE NORMATIVE ORDERS.

  • BUT

, IF THE RULES ARE NOT WRITTEN DOWN OR NOT IMMEDIATELY EVIDENT , DOES THAT MEAN NOT LEGAL PLURALISM?

  • I SUSPECT THAT IF THE NORMS AND PERSPECTIVES WERE

WRITTEN DOWN, THEY WOULD INDEED LOOK LIKE LAW; LEGITIMACY OF COMMUNITY OPINION SEEMS HIGH

  • IF A PANCHAYAT ISSUED AN ORDER OR MADE A STRONG REQUEST

TO DO X OR NOT DO Y BASED ON COMMUNITY PREFERENCE, IS THAT LEGAL PLURALISM? ONLY ONCE SUCH A REQUEST IS MADE?

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COMMUNITY NORMS AS LEGAL PLURALISM

IDEAS THAT ARE EVIDENT WITH REFERENCE TO COMMONS SPACES:

  • “OUR ESTUARY”
  • “OUR BEACH”
  • “OUR RIVER”
  • “OUR PLACE TO FISH”
  • “THIS WAS A COMMUNITY SPACE”
  • “OUR COMMUNITY DOESN’T WANT X”
  • “THE MANGROVES ARE OURS”
  • “WE WILL FIGHT Y”
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COMMUNITY NORMS AS LEGAL PLURALISM

ANOTHER TOPIC: DOES THE EXISTENCE OF CASTE LAW AND TRADITION CONSTITUTE LEGAL PLURALISM? CONSIDER:

  • ONLY CERTAIN CASTES, FAMILIES, CLANS GATHER BIVALVES
  • HARIKANTRA AND AMBIGA ONLY FISH IN THE RIVER
  • MUSLIMS ARE NOT RIVER FISHERS, BUT ARE KNOWN DIVERS
  • MOGAVEERAS AS THE COASTAL FISHING COMMUNITY
  • GAMVOKKAL, HALAKIVOKKAL, NAMDHARI ARE GAJNI FARMERS
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POSSIBLE SOCIAL LAW-LIKE FORMS / VENUES

  • PANCHAYAT
  • GRAM SABHA
  • PADDY OWNER COOPERATION
  • KAGGA GROWER’S ASSOCIATION
  • BIVALVE COLLECTOR GROUP
  • FISHER ASSOCIATIONS (OF VARIOUS SCALES)
  • GAJNI LAND OWNERS ASSOCIATIONS
  • CASTE-BASED PRACTICES (HOW A FISHER CASTES A NET)
  • TRADITIONAL CASTE-BASED VILLAGE COUNCILS
  • NORMS ABOUT WHO CAN USE THE ESTUARY (LOCAL VS.

OTHER)

  • RELIGION (RIVER AS DEITY

, SACRED GROVE)

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LEGAL PLURALISM WITHIN THE STATE

  • INTRA-STATE LEGAL PLURAL SCENARIO: GOVERNMENT IS NOT

MONOLITHIC, CONFLICTS WITH ITSELF IN MANY COASTAL CASES.

  • STATE LAWS REGIMES (DE JURE OR DE FACTO) INCLUDE:

COASTAL ZONE REGULATION, AQUACULTURE REGULATION, ENVIRONMENTAL CLEARANCE, CONSERVATION / MANAGEMENT REGIMES (CVCA, BIODIVERSITY MANAGEMENT COMMITTEE, BIOLOGICAL HERITAGE SITE, FISHERIES AND FORESTS RULES, COMMUNITY AND CONSERVATION RESERVE, OTHER WPA RULES), PANCHAYAT PERMISSIONS, HISTORICAL PRESERVATION RULES, PRIVATE PROPERTY REGIME, MINING LICENSES, CONSTITUTIONAL RIGHTS (HEALTHY ENVIRONMENT , DUTY TO PROTECT NATURE, 73RD/ 74TH AMENDMENTS)

  • INTER/TRANSNATIONAL “LAW”: INDIAN INTERNATIONAL

COMMITMENTS, HUMAN RIGHTS DISCOURSE OR FAO SSF GUIDELINES

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SO WHAT? WHY LEGAL PLURALISM LENS?

  • HIGHLIGHTS HOW EVEN THE “FRIENDLY” OR “ALTERNATIVE” OR

“SUSTAINABLE” DEVELOPMENT MODELS ARE CLEARLY NEOLIBERAL, PRIVATIZING, EXTRACTING IN CONTEXT OF LEGAL PLURALISM

  • LEGAL PLURAL UNDERSTANDING OF AREA SHOWS NUMEROUS POINTS

OF POTENTIAL RESISTANCE AS WELL AS POTENTIAL CAPTURE

  • SUGGESTS A WAY TO A MORE HOLISTIC NOTION OF EQUITY / SOCIAL

JUSTICE IN DEVELOPMENT

  • RECONGNIZING LEGAL PLURALISM MAY ALSO PREVENT

PERFORMATIVITY OF ASSUMING A SINGLE LEGAL SYSTEM (WHICH OTHERWISE EVENTUALLY GIVES RISE TO A SINGLE LEGAL SYSTEM).

  • SELF-CRITIQUE: DOESN’T EVERYTHING START TO LOOK NEOLIBERAL?

DOESN’T EVERYTHING START TO LOOK LEGAL PLURAL? (YES)

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POLICY / ACTION IMPLICATIONS?

  • CLAIMS FOR SUSTAINABILITY OR JUSTICE CAN TAKE ACCOUNT OF

, CONSIDER BUILDING UPON ALTERNATIVE FORUMS; STATE IS NOT THE ONLY RECOURSE

  • STATE, IF IT WISHED, COULD FOSTER AND SUPPORT LEGAL PLURALISM

BY INCREASINGLY TAKING COGNIZANCE OF PLURAL VENUES OF GOVERNANCE (OR CIVIL SOCIETY CAN ARGUE FOR SAME)

  • COMMUNITIES THEMSELVES MIGHT SEEK BETTER COOPERATION,

INTERLINKING BETWEEN LEGAL PLURAL FORMS

  • CLEARLY

, THE QUESTION OF TENURE TO COMMONS HAS NOT BEEN SERIOUSLY ADDRESSED: WHAT WOULD “OWNERSHIP” MEAN? IS PUBLIC TRUST NOTION FLAWED? (OFTEN, YES)

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THANK YOU

  • I AM GRATEFUL BOTH FOR

YOUR TIME AND THE CONTRIBUTIONS OF OTHERS IN THIS PROCESS

  • THIS REMAINS A DRAFT

PAPER.

  • ERRORS ARE MY OWN.
  • RELATED, WHERE AM I

ERRONEOUS?

  • AJADHAV@GMAIL.COM
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