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Recentering the commons: assessing citizen mapping as an environmental practice

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Abstract

The last three decades have seen waves of coastal development paradigms, the most recent being that of ‘blue economy’ and ‘blue growth’ — terms used in conjunction with sustainable development. The blue economy paradigm has its share of discontents across Indian Ocean nations who resist further commodification of coastal spaces and its perverse outcomes in the garb of sustainability. Community-based conservation, citizen mapping of traditional tenure arrangements over coastal commons are emerging counter-strategies in India, to prevent land alienation, and coastal and oceanic ‘grab’. The paper does a reflexive assessment of a case of citizen mapping of coastal commons as a legal pluralistic conservation engagement from India. It examines the effectiveness of such localised collaborative civil society exercises against systemic shifts in coastal protection regimes. It details beneficial practices and knowledge generated by such citizen mapping exercises with reflexive insights for civil society actors. It also critically examines the limitations of such civil society efforts constrained by fixed coastal governance frameworks. The paper argues that Indian coastal regulation law’s built-in iniquities motivate as well as limit civil society efforts to democratise coastal governance. Local actors’ capabilities and social positions themselves further cramp the utility of legal options, making the alienation of the commons all too commonplace under neoliberal environmental governance.

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Notes

  1. Kaibarta is a caste group present in Assam, West Bengal, and Odisha. The term Kaibarta samaj can be loosely translated to this caste group’s governance institution. However, the Odia fishers we met used the term village committee to refer to the body. This English term was widely used by fishers of both non Kaibarta fishers of Telugu and Kaibarta fishers of Odia origin. As such, this term has been used throughout the article to indicate traditional fisher caste governance institution in the fishing village.

  2. For example, see Fomento Resorts and Hotels Ltd. and Another versus Minguel Martins and Others, Civil Appeal No.4154 of 2000 with Civil Appeal Nos. 4155 and 4156 of 2000 decided on 20th January 2009 where the Supreme Court of India upheld the traditional access to the beach and directed demolition of a private construction that obstructed it. In M.C Mehta vs Kamal Nath and Others decided on 13th December 1996. In this case, the Supreme Court of India observed that the Himachal Pradesh state government breached public trust doctrine by leasing out an ecologically fragile land to a private company for commercial gains.

  3. Chilika lake is a Ramsar site with around 150 traditional caste-based fishing villages in its vicinity.

  4. Lepidochelys olivacea is categorised as vulnerable by the International Union for Conservation of Nature (IUCN). For more details, see Chandarana et al. 2017 listed in the reference.

  5. The Indian Army initially acquired this coastal stretch of land from the Odisha state government for setting up an Army Air Defence College within the Gopalpur cantonment in 1984.The initial resettlement site was far from the sea and after sustained efforts on the part of the fishers a sea-facing site was provided.

  6. Nua Golabandha is Telugu speaking fishing hamlet that comprised around 900 households at the time of the study. The presence of the Army Air D College nearby has impacted the fisher livelihoods as they are stopped frequently from going to sea during weapons-training sessions and few households had relocated to the nearby localities as a result. The villagers who stayed back in Nua Golabandha are persisting with their demand for higher compensation before agreeing to be relocated once again.

  7. A ‘ward’ is the smallest electoral constituency for local self-government in India. A gram panchayat is divided into multiple wards based often on the registered resident population.

  8. See the PILs filed by Goa Foundation://goa foundation.org/pil/ .This repository contains several public interest litigations categorised into PILs against resort hotels coming up in coastal area (pre-CRZ notification), PILs against resort hotels violating CRZ 1991, and cases of general CRZ violations.

  9. See Indian Council for Enviro-Legal Action vs Union of India and Others, Writ Petition (C) No. 664 of 1993 decided on 18 April 1996.

  10. Based on data available on the PARIVESH website of MoEFCC, CRZ 1991 was amended 23 times before the promulgation of CRZ 2011, and CRZ 2011 was amended 16 times before promulgation of CRZ 2019.

  11. For example, see Union Territory of Lakshadweep and Others vs Seashells Beach Resort and Others. Civil Appeal Nos of 2012 (Arising out of SLP (Civil) No.5967-5968 of 2012) decided on 11 May 2012 and Krishnadevi Malchand Kamathia and Others vs Bombay Environmental Action Group and Others. Interlocutory Application No. 23 of 2010 in Civil Appeal No 4421 of 2010 with Contempt Petitions (C ) Nos.169 and 266 of 2010 in Civil Appeal No 4421 of 2010 decided on 31 January 2011.

  12. Ramdas Janardan Koli versus the Ministry of Environment and Forests (MoEF) judgement of National Green Tribunal Application No. 19/2013 decided on 27 February 2015.

  13. Geographic Information System.

  14. The Ministry of Environment and Forests (MoEF) underwent a nomenclature change in 2014 and was renamed as the ‘Ministry of Environment, Forest and Climate Change’ (MoEFCC).

  15. CRZ-3 refers to relatively undisturbed coastal areas (e.g. in rural areas) and those areas not under CRZ-2. It is further subdivided into CRZ 3A, 3B and No Development Zone (NDZ).

  16. See Annexure IV, guideline 5, clause (iii) states the following: “In the CRZ areas, the fishing villages, common properties of the fishermen communities, fishing jetties, ice plants, fish drying platforms or areas infrastructure facilities of fishing and local communities such as dispensaries, roads, schools, and the like, shall be indicated on the cadastral scale maps. States and Union territories shall prepare detailed plans for long term housing needs of coastal fisher communities in view of expansion and other needs, provisions of basic services including sanitation, safety, and disaster preparedness” and section 3.5 about management of critically vulnerable coastal areas.

  17. Fishers in Odisha mostly belong to Odia caste groups who traditionally practise riverine/estuarine fishers, and marine fishing castes who belong to Telugu or Bangla speaking groups.

  18. The individuals mentioned were associated with sea turtle monitoring prior to Dakshin’s inception, when such activities were undertaken under the aegis of other organisations, namely Indian Institute of Science and Ashoka Trust for Research in Ecology and the Environment (ATREE) (Shanker 2020).

  19. As of June 2023, the Odisha government’s web portal on land records states that it contains updated information and records. See http://www.bhulekh.ori.nic.in/Help.aspx

  20. Purunabandha fishing village is a part of the larger revenue village of Pallibandha. It prominently consists of fishers belonging to the Keuta caste ( a sub caste of the Kaibarta caste).

  21. We met with the ward members, village committee leaders (previous and incumbent) and fishing committee leaders. A month later, a community meeting was organised where the mapping proposal was discussed in detail. We then met with various community members to prepare the prompts for the transect walks. Volunteers from the community accompanied the mapping team in the transect walks and pointed out the areas considered as commons.

  22. Annexure 4 section 4(i) states “Local level CZM Maps are for the use of local bodies and other agencies to facilitate implementation of the Coastal Zone Management Plans. (ii) Cadastral (village) maps in 1:3960 or the nearest scale, as available with revenue authorities, shall be used as the base maps. (iii) HTL, LTL, other CRZ regulatory lines and the Hazard line shall be demarcated in the cadastral maps and classifications shall be transferred into local level CZM maps.”

  23. Currently, CZMPs are made on a scale of 1:25000.

  24. https://tribal.nic.in/FRA.aspx

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Acknowledgements

The authors acknowledge Naveen Namboothri, Madhuri Mondal, Madusudan Behera, Magata Behera, Surendra Behera, Judishtir Behera, Bipro Behera, Mahendra Nayak, and Sanjeeb Behera for their support with the mapping. We would also like to acknowledge the support extended by Pooja Kumar of Coastal Resource Centre, Chennai, and Mangaraj Panda of the United Artists Association, Ganjam.

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The citizen mapping initiative received funding support from the Duleep Matthai Nature Conservation Trust and Rohini Nilekani Philanthropies.

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Venugopal, V., Das, B.S. & Sridhar, A. Recentering the commons: assessing citizen mapping as an environmental practice. Maritime Studies 23, 16 (2024). https://doi.org/10.1007/s40152-024-00353-5

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