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Revitalization of Rivers in India Draft Policy - Isha Guru Jaggi Vasudev

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<strong>Revitalization</strong> <strong>of</strong> <strong>Rivers</strong> In <strong>India</strong><br />

<strong>Draft</strong> <strong>Policy</strong> Recommendation<br />

Commons or common pool resources form critical components that supplement<br />

and support rural communities dependent on agriculture, livestock and forests<br />

<strong>in</strong> large parts <strong>of</strong> <strong>India</strong>, but especially the dryland and tribal areas. Access to<br />

the commons provides stability and security <strong>in</strong> an unpredictable environment,<br />

especially critical for landless households. The extent <strong>of</strong> common lands <strong>in</strong> <strong>India</strong><br />

is estimated at 23.97 percent <strong>of</strong> the total land mass by the Department <strong>of</strong> Land<br />

Resources. Despite the important contribution <strong>of</strong> the commons to the rural<br />

livelihood complex, a significant decl<strong>in</strong>e <strong>in</strong> their extent and quality has been<br />

registered over a period <strong>of</strong> time. This decl<strong>in</strong>e has been recorded by several studies.<br />

Poor families are usually at the los<strong>in</strong>g end, either by denial <strong>of</strong> access to these<br />

resources ma<strong>in</strong>ly because <strong>of</strong> privatization <strong>of</strong> the common pool resources by a few,<br />

or by diversion <strong>of</strong> these resources to alternative uses.<br />

THE FOREST RIGHTS ACT AND NATURAL RESOURCES MANAGEMENT<br />

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition <strong>of</strong> Forest<br />

Rights) Act, 2006 (FRA) recognises and grants rights to Scheduled Tribes and other<br />

communities, who have traditionally been liv<strong>in</strong>g <strong>in</strong> or depend<strong>in</strong>g on forest land<br />

for their legitimate livelihoods. The Forest Rights Act confers several rights on<br />

communities, the Gram Sabha 2 and even <strong>in</strong>dividuals.<br />

It broadly provides for two sets <strong>of</strong> rights – land rights, both private and common,<br />

and community rights over forest resources. The former <strong>in</strong>clude the ‘right to hold<br />

and live <strong>in</strong> forest land under <strong>in</strong>dividual or common occupation for habitation<br />

or for self-cultivation for livelihoods’. The latter <strong>in</strong>clude rights for collective<br />

management <strong>of</strong> community forest resources, rights over common property<br />

resources such as water bodies, graz<strong>in</strong>g rights for both settled and nomadic<br />

communities, and ownership rights over NTFPs (Spr<strong>in</strong>gate-Bag<strong>in</strong>ski et al., 2008;<br />

also see Annexure 1).<br />

2 The Forest Rights Act uses a very expansive def<strong>in</strong>ition <strong>of</strong> `village’, rang<strong>in</strong>g from what is def<strong>in</strong>ed as `village’ <strong>in</strong> any State law<br />

related to Panchayats <strong>in</strong> non-Schedule V states, to “habitation or a group <strong>of</strong> habitations or a hamlet or a group <strong>of</strong> hamlets compris<strong>in</strong>g<br />

a community and manag<strong>in</strong>g its affairs <strong>in</strong> accordance with traditions and customs ” <strong>in</strong> Schedule V areas; the traditional village, by<br />

whatever name called, <strong>in</strong> states that do not have Panchayats; and “forest villages, old habitation or settlements and unsurveyed villages,<br />

whether notified as village or not”. Follow<strong>in</strong>g from this, the Gram Sabha means a village assembly which shall consist <strong>of</strong> all adult members<br />

<strong>of</strong> a village (MoTA & UNDP, 2014).<br />

Annexures<br />

495

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