Tribal communities and resource conservation

The linkage between people and nature is as old as human civilization. Long before the rise of modern global society, communities throughout the world prospered by bonding with the local natural environment. Local communities, representing a significant part of India’s population, are rooted in their immediate environment and their social organisation is woven round the management of their environment. The cultural elaboration takes place primarily through interaction with the immediate natural environment. These communities depend on local natural habitats for their biomass and other resource needs. They have depended on their immediate natural environment for their survival for long and consequently developed a stake in conserving the local resources base. People’s links with the earth were simple and harmonious and the common natural resources were regulated through diverse decentralised community control systems. The forest was the home of compact tribal communities, like the Nilgiri Todas. Rural communities, dependant on subsistence agriculture lived in organised villages. These agriculture-based rural people depended on their neighbourhood forests for a variety of products and services. Forests and other natural ecosystems were considered to be Social Parks of the locality. But the taking over of their forests and other village parks by the colonial forces resulted in depriving the communities access to and control over their ‘neighbourhood’ nature-catchments and reserves. Most of these forests were treated as reserve forests under the Indian Forest Act and the people found inside the forests were termed trespassers; further, trespassing was punishable under the said act. However, notwithstanding the statutory ban and bar, local communities continued to live in the forests and depended on non-timber forest produce for their survival. People were governed and guided by certain ground rules in the exploitation of non-timber forest produce. Traditional practices in the usage of natural resources shaped the ground rules of sustainable use. Custodial association is above community conservation of natural resources. Compact communities of India still have a concept of ‘custodial association’ with their community controlled natural park. This customary practice of local communities is well illustrated by the Toda tribe of the Nilgiris. The ancient pastoral Todas have lived on the upper plateau of the Nilgiris for centuries. The rolling mountain grassland with the shola forests in its folds was the homeland of Todas where they have grazed their buffaloes for generations. Todas are part of their habitat, a strand in the web of nature. This unique relationship is reflected in their use of natural resources and manifested in their traditional and customary practices. Tribal crafts are dependent on local plant ecology. The natural environment of the Nilgiris - the high hills with tropical forests, rich and varied wildlife, salubrious climate and rich produce - has, undoubtedly, affected the material culture deeply, from the technique of food gathering to house construction. Like the other indigenous communities (Irulas and Kurumbas) in the Nilgiris, Todas view mountains as temples and places of worship. Todas have a practice of gathering on one hill while performing rituals and dairy ceremonies. The hill ‘Kotran Dekarsh’ (Malleaswaran hill) is located on the southern portion of Nilgiris on the Attappady valley. This steep hill is associated with the Hindu Deity Siva and is worshipped by the Todas. The river Bhavani flows at the foot of Malleaswaran hill, and is also regarded as sacred by the Todas. The Todas worshipped many mountains and hills before the advent of the British and other settlers. For the Todas it is more a ‘customary duty’ than a ‘customary right’. Little wonder, even the rigid Englishmen who set their foot on the Nilgiris, later recognised the customary rights of the Todas to their homeland. Traditional and customary practices of local communities in the usage of natural resources, on the whole, were conducive to the conservation of natural environment with minor exceptions. Is there any scope for revival of customary law, which in turn can create some more space for community based conservation? Community level customary laws evolved out of area-specific traditional usage and practice. Hence they reflect the cultural ethos and traditions of the local people. Since these practices had emerged out of specific natural environments, they supported local livelihoods. These practices helped the local communities to be self-reliant and self sufficient, since their needs were few. However, with the advent of colonial rule and introduction of formal legislative laws, customary regulations gradually receded to the background. The rich oral library of indigenous knowledge and cultural control processes had co-evolved with the customary use of natural resources, helping most of the communities avoid over-exploitation and live within the limits imposed by their availability. In the absence of guidance from any substantial legislative law, it was left to the courts to develop customary laws as a new branch of civil law. Though areas like community commons, community conservation and the corresponding traditional resource rights (TRR) clearly came under the purview of customary rights, these issues were seldom brought before courts for adjudication. Also, the community did not recognise the jurisdiction of any outside institution to preside over their community resource disputes. And on their part, the colonial courts, with their Anglo-Saxon jurisprudence orientation in respect of ownership issues, were unable to understand the complex issues of community ownership and the custodial association related with ownership. As a result of a long and continuous usage of natural resources, these communities have acquired a broad knowledge base of the behaviour of complex ecosystems of their locality. The indigenous knowledge and belief system determined the cultural ethos, value system and worldview of the community. The long and continuous usage by the community of the natural resources of the locality evolved into customary practices. And when customary practice from long usage obtained the force of law, it became customary law. Also, there are judicial decisions of Commonwealth countries that are conducive to customary law and community conservation. The convention, which has been ratified by India, ordains that nations should respect, preserve and maintain knowledge, innovations and practices of local communities relevant for conservation and sustainable use of biodiversity. The Rio Declaration on Environment and Development, Agenda 21 and Forestry Principle – other soft declarations adopted at the Earth Summit – also encourage the promotion of customary practices conducive to conservation. Convention 107 (1957) and Convention 169 (1989) of the International Labour Organisation (ILO) declare the right of indigenous people to their habitat. At the domestic level, the Indian Forest Policy Statement (1988) recognises the relevance of customary rights and practices of local communities for the conservation of nature. The Constitutional 73rd and 74th Amendments are giant steps in regard to community conservation based on customary law. The Panchayats (Extension to Schedule Areas) Act of 1996 mandates that states shall not make any law under (Part IX of the Constitution), which is inconsistent with customary law, social and religious practices, and traditional management practices of community resources. Communities in many places are regaining control over natural resources. Revival of community customary practices conducive to community conservation assumes significance in such a scenario. ECONEWS, CPR Environmental Education Centre

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