DOCSLIB.ORG

Deliberating Development in India's Forests: an Introduction 1

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Deliberating Development in India's Forests: an Introduction 1 Deliberating Development in India’s Forests Consent, Mining and the Making of the Deliberative State Arpitha Kodiveri Thesis submitted for assessment with a view to obtaining the degree of Doctor of Laws of the European University Institute Florence, 08 July 2021 European University Institute Department of Law Deliberating Development in India’s Forests Consent, Mining and the Making of the Deliberative State Arpitha Kodiveri Thesis submitted for assessment with a view to obtaining the degree of Doctor of Laws of the European University Institute Examining Board Prof. Peter Drahos, EUI Prof. Joanne Scott, EUI Prof. B.S Chimni, Jindal Global Law School Prof. César Rodríguez-Garavito, NYU School of Law © Arpitha Kodiveri, 2021 No part of this thesis may be copied, reproduced or transmitted without prior permission of the author Researcher declaration to accompany the submission of written work Department of Law – LL.M. and Ph.D. Programmes I Arpitha Kodiveri certify that I am the author of the work Deliberating Development in India’s Forests I have presented for examination for the Ph.D. at the European University Institute. I also certify that this is solely my own original work, other than where I have clearly indicated, in this declaration and in the thesis, that it is the work of others. I warrant that I have obtained all the permissions required for using any material from other copyrighted publications. I certify that this work complies with the Code of Ethics in Academic Research issued by the European University Institute (IUE 332/2/10 (CA 297). The copyright of this work rests with its author. Quotation from this thesis is permitted, provided that full acknowledgement is made. This work may not be reproduced without my prior written consent. This authorisation does not, to the best of my knowledge, infringe the rights of any third party. I declare that this work consists of 1,13,635words. Signature and date: 14/06/2021 CONTENTS Thesis Summary ………………………………………………………………………………………………………………….5 List of Abbreviations…………………………………………………………………………………………………………… 6 Glossary of Hindi Terms and Phrases……………………………………………………………………………………7 Acknowledgements……………………………………………………………………………………………………………..8 1. Deliberating Development an Introduction……………………………………………………………….11 Introduction …………………………………………………………………………………………………………………11 Methodology ……………………………………………………………………………………………………………….14 Relationship between the state and forest-dwelling community: Is there possibility for repair?...............................................................................................................................27 Argument and Outline of the Thesis ……………………………………………………………………………33 2. Regimes of dispossession, Self-determination and the Emergence of the Consent Provision in India's Forest Laws………………………………………………………………………………...40 Introduction………………………………………………………………………………………………………………….40 Forest Laws in the Colonial Period………………………………………………………………………………..42 Making of Forest Laws and Scheduled Areas in Independent India……………………………….51 Glimmer of Hope: The Recognition of the Rights of Forest-Dwelling communities…….. .57 The Regime of Dispossession in Forest Areas and the recognition of the Right to Self- Determination………………………………………………………………………………………………………………60 The Forest Rights Act,2006 (FRA)………………………………………………………………………………….65 The Emergence of the Consent Provision……………………………………………………………………..70 Consent, The Right to Self-determination and Shared Sovereignty ………………………………83 Deliberative reconciliation of laws………………………………………………………………………………..88 3. Deliberative Democracy and Citizenship in India……………………………………………………….. 94 Introduction………………………………………………………………………………………………………………….94 Deliberative Democracy in India…………………………………………………………………………………..96 Deliberative Democracy and the State in India’s Forests…………………………………………….100 Citizenship and It’s Practices in India’s Forests……………………………………………………………103 1 Jurisprudence and legal approaches to repair the relationship between forest-dwelling communities and the state in India's Forests………………………………………………………………109 Theories of Deliberative Democracy, Governance, and Systems as the Normative Ideal: Its contours and applicability to forest governance in India………………………………………..115 4. Multiple Modalities of the State……………………………………………………………………………..124 Introduction………………………………………………………………………………………………………………..124 The State as Operating in Modalities…………………………………………………………………………..125 Brief Description of the Modalities of the State………………………………………………………….129 5. The Mechanics Of The Non-Deliberative State: Pro-Business Bureaucracy, Discretionary Power, And The Deliberative Reimagination Of The Consent Provision…………………………………………………………………………………………………………………139 Introduction………………………………………………………………………………………………………………..139 Mechanics of the Consent Provision……………………………………………………………………………140 Discretionary Power…………………………………………………………………………………………………...150 Paper State and Exercise of Discretionary Power in the Three Mining Sites………………..152 Discretionary power in the eventual decision arrived at, the Gram Sabha resolution and the non-deliberative state…………………………………………………………………………………………..161 Exercise of Discretionary Power in restricting the applicability of the FRA………………….163 Deliberative Governance and The Reimagination Of the Consent Provision……………….168 6. Recognition, Redistribution and the Selectively Deliberative State………………………….176 Introduction………………………………………………………………………………………………………………..176 Recognition, Redistribution, and the Forest Rights Act,2006………………………………………178 Divide by Legal Design…………………………………………………………………………………………………183 Divide between the understanding of justice………………………………………………………………190 Recognition, Redistribution and Legal Mobilization…………………………………………………….196 Discursive Pluralism, Networks of Participation, and Inclusion……………………………………202 Deliberative Loop of the Regulatory Convening or Bhaitak…………………………………………207 7. Constraining The Capacity To Aspire And Capability Deprivation In India's Forests…211 Introduction………………………………………………………………………………………………………………..211 Development, Capabilities and the Capacity to Aspire………………………………………………..213 The Development Predicament in India’s Forests…………………………………………………….…216 Constraining the Capacity to Aspire and Capability Deprivation in India’s Forests………219 2 The Deliberative State…………………………………………………………………………………………227 8. Negotiating Compensation in the Informal: Dalal’s and the Social License to Operate (SLO)…………………………………………………………………………………………………………………….…236 Introduction………………………………………………………………………………………………………………..236 Consent and the Social License to Operate…………………………………………………………………237 The Dalal………………………………………………………………………………………………………………….…240 The Playbook of Strategies to Obtain an SLO: How Dalal’s Operate………………………….…248 Bargaining, Negotiations and the SLO…………………………………………………………………………258 9. Complicated Dance with the Law: Strategies of Legal Mobilisation and the Selectively Deliberative State in the Three Mining Sites……………………………………………………………257 Introduction……………………………………………………………………………………………………………..…257 Legal Mobilisation in the three contested sites: Repertoires of Legal resistance…………259 Legal Strategies in Withholding Consent…………………………………………………………………….260 Redistributive Claims and Legal Mobilisation in Coal Mining Areas and Other Mining Sites……………………………………………………………………………………………………………………………282 Legal Forums and Deliberative Decision-making…………………………………………………………287 10. Jurisdictional Leapfrogging ………………………………………………………………………………….…294 Introduction………………………………………………………………………………………………………………..294 Jurisdictional Leapfrogging and the Non-deliberative state…………………………………………296 International legal instruments Involved……………………………………………………………….……299 The Boomerang Effect …………………………………………………………………………………..…………..305 The Risk of Disinvestment…………………………………………………………………………………………..322 11. The Making Of A Deliberative State In India's Forests……………………………………………..326 Introduction……………………………………………………………………………………………………………..…326 Reimagining the Relationship Between the State and Forest-Dwelling Communities: Listening to The Jurisprudence From Below……………………………………………………………..…328 The Building Blocks of the Deliberative State ………………………………………………………..……332 The Working Agreement ……………………………………………………………………………………………340 References……………………………………………………………………………………………………………………343 List of Tables and Figures………………………………………………………………………………………………355 3 4 THESIS SUMMARY Deliberating Development in India’s Forests is a thesis that examines how India’s forest laws and the right to free, prior, and informed consent or consent provision of forest-dwelling communities has shaped the relationship between the state and forest-dwelling communities in extractive frontiers. The relationship between the state and forest-dwelling communities is tenuous as land in forest areas is acquired based on the Doctrine of Eminent Domain for extractive industries. Through extensive fieldwork in three mining sites in the eastern state of Odisha, this thesis offers an analysis of how the consent provision is implemented and how the relationship between the state and the forest-dwelling citizen is mediated by the pro- business bureaucracy as one of competing sovereignties. The forest-dwelling communities describe that the state operates in multiple modalities in India’s forests to enable extraction and realize its pro-business ambitions. Drawing from interviews with forest-dwelling communities and their aspirational legal interpretation of the consent provision the thesis makes an argument for the state to operate in a deliberative mode in India’s forests supported by a
Load more

Recommended publications
  • The Indian Subcontinent
    Johnsingh, A. J. T., Pandav, B., and Madhusudan, M. D. (2010). Status and Conservation of Tigers in the Indian Subcontinent. In Tigers of The World, Second Edition: 315-330: Elsevier Inc. Keywords: 4IN/baseline information/conservation/landscape/Panthera tigris/population size/range/status/tiger Abstract: Today, confined to less than 7% of their original range, tigers are going through one of the worst crises in their evolutionary history. The Indian subcontinent, which contains most of the world's wild tigers, represents only 11% of the world's tiger habitat. We estimate that there may be less than 1,600 tigers in the whole of the Indian subcontinent and the realistic maximum number of tigers that could be supported with its current habitat would be around 3,700. Tiger conservation in the Indian subcontinent faces a range of serious and complex threats, but we believe that most of these issues are still possible to address; India showed that this was possible in the 1970s when the survival of the tiger in the country also looked bleak. Here, we summarize some of the most important issues and suggest some means by which these may be addressed to secure the future of this majestic big cat. CHAPTER 24 Status and Conservation of Tigers in the Indian Subcontinent A.J.T. Johnsingh1, Bivash Pandav2, and M.D. Madhusudan1 1Nature Conservation Foundation, Mysore, Karnataka, India 2Tiger and Other Asian Big Cats Program, WWF-International, Kathmandu, Nepal OUT L I N E The Tiger in the Indian Subcontinent 316 Landscapes Likely to Support 50–100 Tigers 323 Present Tiger Range and Population Landscapes Likely to Support Estimates in the Subcontinent 316 50 Tigers 324 Existing Baseline Information for Tiger Discussion and Conservation 317 Recommendations 325 Landscapes for Tiger Conservation in Glimpses of Hope 327 the Indian Subcontinent 318 Landscapes Likely to Support Acknowledgments 328 at Least 200 Tigers 318 References 328 Landscapes Likely to Support 100–200 Tigers 322 Tigers of the World, Second Edition 315 © 20102009 Elsevier Inc.
    [Show full text]
  • 6. the Indian Forest Service
    6.1THE INDIAN FOREST SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1966 In pursuance of sub-rule (1) of rule 8 of the Indian Forest Service (Recruitment) Rules, 1966, the Central Government, in consultation with the State Governments and the Union Public Service Commission, hereby makes the following regulations namely: 1. Short title & commencement.- 1(1) These regulations may be called the Indian Forest Service (Appointment by promotion) Regulations 1966. 1(2) They shall be deemed to have come into force with effect from the 1st July 1966. 2. Definitions.- 2(1) In these regulations, unless the context otherwise requires : a) `Cadre Officer’ means a member of the Service; b) `Cadre Post’ means any of the posts specified as such in the regulations made under sub-rule (1) of rule 4 of the Cadre Rules; c) `Cadre Rules’ means the Indian Forest Service (Cadre) Rules, 1966; d) `Committee’ means the Committee set up in accordance with regulation 3; e) `Commission’ means the Union Public Service Commission; f) `Recruitment Rules’ means the Indian Forest Service (Recruitment) Rules, 1966; g) `State Government’ means: (i) in relation to a State in respect of which a separate cadre of the service exists, the Government of such State ; and 2(ii) in relation to a group of States in respect of which a Joint Cadre of the Service is constituted, the Joint Cadre Authority; (iii) in relation to a group of Union Territories , and in respect of which a joint cadre of the service is constituted, the Central Government. 3h) `Year’ means the period commencing of the first day of January and ending on 31st day of December of the same year.
    [Show full text]
  • Financing Biodiversity and Ecosystems Conservation in India: Implications for Efforts and Outcomes
    NIPFP Working paper series Working Paper No. 335 Financing Biodiversity and Ecosystems Conservation in India: Implications for Efforts and Outcomes No. 335 31-March-2021 Rita Pandey, Manish Gupta, Paavani Sachdeva, Abhishek Singh and Sumit Aggarwal National Institute of Public Finance and Policy New Delhi Accessed at https://www.nipfp.org.in/publications/working-papers/1932/ Page 1 Working Paper No. 335 Financing Biodiversity and Ecosystems Conservation in India: Implications for Efforts and Outcomes Rita Pandey, Manish Gupta, Paavani Sachdeva, Abhishek Singh and Sumit Aggarwal Rita Pandey, Senior Fellow, National Institute of Public Finance and Policy, New Delhi, India (Corresponding Author @ [email protected]) Manish Gupta is Assistant Professor at the National Institute of Public Finance and Policy, New Delhi, India Paavani Sachdeva is a Graduate Assistant, Department of Agriculture and Consumer Economics, University of Illinois at Urbana Champaign, Abhishek Singh is Consultant with the Fifteenth Finance Commission, Government of India, India. Sumit Aggarwal, Analyst, Spark Capital, Chennai, India. [email protected] Authors are grateful to Prof. Pinaki Chakraborty for useful comments and suggestions on an earlier draft of the paper. We acknowledge the financial support from UNDP, New Delhi for a NIPFP study report authored by the authors of this paper. This paper draws from that study. Accessed at https://www.nipfp.org.in/publications/working-papers/1932/ Page 2 Working Paper No. 335 Financing Biodiversity and Ecosystems Conservation in India: Implications for Efforts and Outcomes Abstract Biodiversity and Ecosystem (BE) conservation finance in India, is highly fragmented. Multiple institutions are involved in directing finance often with overlapping functions.
    [Show full text]
  • Unit 11 All India and Central Services
    UNIT 11 ALL INDIA AND CENTRAL SERVICES Structure 1 1.0 Objectives 1 1.1 Introduction 1 1.2 Historical Development 1 1.3 Constitution of All India Services 1 1.3.1 Indian Administrative Service 1 1.3.2 Indian Police Service 1 1.3.3 Indian Forest Service 1 1.4 Importance of Indian Administrative Service 1 1.5 Recruitment of All India Services 1 1.5.1 Training of All India Services Personnel 1 1 5.2 Cadre Management 1 1.6 Need for All India Services 1 1.7 Central Services 1 1.7.1 Recwihent 1 1.7.2 Tra~ningand Cadre Management 1 1.7.3 Indian Foreign Service 1 1.8 Let Us Sum Up 1 1.9 Key Words 1 1.10 References and Further Readings 1 1.1 1 Answers to Check Your Progregs Exercises r 1.0 OBJECTIVES 'lfter studying this Unit you should be able to: Explain the historical development, importance and need of the All India Services; Discuss the recruitment and training methods of the All India Seryice; and Through light on the classification, recruitment and training of the Central Civil Services. 11.1 INTRODUCTION A unique feature of the Indian Administration system, is the creation of certain services common to both - the Centre and the States, namely, the All India Services. These are composed of officers who are in the exclusive employment of neither Centre nor the States, and may at any time be at the disposal of either. The officers of these Services are recruited on an all-India basis with common qualifications and uniform scales of pay, and notwithstanding their division among the States, each of them forms a single service with a common status and a common standard of rights and remuneration.
    [Show full text]
  • Determinants and Consequences of Bureaucrat Effectiveness: Evidence
    Determinants and Consequences of Bureaucrat Effectiveness: Evidence from the Indian Administrative Service∗ Marianne Bertrand, Robin Burgess, Arunish Chawla and Guo Xu† October 21, 2015 Abstract Do bureaucrats matter? This paper studies high ranking bureaucrats in India to examine what determines their effectiveness and whether effective- ness affects state-level outcomes. Combining rich administrative data from the Indian Administrative Service (IAS) with a unique stakeholder survey on the effectiveness of IAS officers, we (i) document correlates of individual bureaucrat effectiveness, (ii) identify the extent to which rigid seniority-based promotion and exit rules affect effectiveness, and (iii) quantify the impact of this rigidity on state-level performance. Our empirical strategy exploits variation in cohort sizes and age at entry induced by the rule-based assignment of IAS officers across states as a source of differential promotion incentives. JEL classifica- tion: H11, D73, J38, M1, O20 ∗This project represents a colloboration between the Lal Bahadur Shastri National Academy of Administration (LBSNAA), the University of Chicago and London School of Economics. We are grateful to Padamvir Singh, the former Director of LBSNAA for his help with getting this project started. The paper has benefited from seminar/conference presentations at Berkeley, Bocconi, CEPR Public Economics Conference, IGC Political Economy Conference, LBSNAA, LSE, NBER India Conference, Stanford and Stockholm University. †Marianne Bertrand [University of Chicago Booth School of Business: Mari- [email protected]]; Robin Burgess [London School of Economics (LSE) and the International Growth Centre (IGC): [email protected]]; Arunish Chawla [Indian Administrative Service (IAS)]; Guo Xu [London School of Economics (LSE): [email protected]] 1 1 Introduction Bureaucrats are a core element of state capacity.
    [Show full text]
  • Updated Civil List of Indian Forest Service of West Bengal Cadre
    INDIAN FOREST SERVICE (CIVIL LIST) AS ON 01.01.2021 (FOR OFFICIAL USE ONLY) (THE CONTENTS OF THIS LIST SHOULD NOT BE DEEMED TO CONVEY ANY SANCTION OR AUTHORITY IN THE MATTER OF SENIORITY) Any error or suggestion for further improvement may kindly be informed at [email protected] DIRECTORATE OF FORESTS GOVERNMENT OF WEST BENGAL GAZETTED CELL IFS Cadre of West Bengal as on 01.01.2021 Sl. Authorised Structure of the Cadre No of Present Srength No of No. vide G.O No. 16016/2(i)/2011-AIS- Post of Cadre as on Post (II)(A) dt.13.03.2012 01.01.2021 1 Senior Duty Post under the State Govt 78 Senior Duty Post 78* 2 Central Deputation Reserve @ 20% of 15 Central Deputation 7 (1) above 3 State Deputation Reserve @ 25% of (1) 19 State Deputation 20 above 4 Training Reserve @ 3.5% of (1) above 2 Training Reserve 8 5 Post to be filled by promotion in 38 Posts Filled by 33 accordance with Rule 8 of India Forest promotion from Service (Recruitment) Rules,1966 not WBFS exceeding 33.33% of items (1),(2),(3) & (4) above 6 Leave Reserve & Junior Posts Reserve 12 Leave Reserve & 1 @ 16.5% if item (1) above Junior Posts 7 Post to be filled by Direct Recruitment 88 Posts filled by 72 (1+2+3+4+6-5) Direct Recruitment 8 Total Authorised Strength 126 Total Present 105 Strength *Includes 12 IFS officers of Junior Time Scale holding Senior Duty Posts CIVIL LIST OF INDIAN FOREST SERVICE OF WEST BENGAL CADRE AS ON 01-01-2021 Sl No.
    [Show full text]
  • 64Th ANNUAL REPORT
    64th (2013-14) Annual Report UNION PUBLIC SERVICE COMMISSION Dholpur House, Shahjahan Road New Delhi – 110069 http: //www.upsc.gov.in The Union Public Service Commission have the privilege to present before the President their Sixty Fourth Report as required under Article 323(1) of the Constitution. This Report covers the period from April 1, 2013 (Chaitra 11, 1935 Saka) to March 31, 2014 (Chaitra 10, 1936 Saka). Annual Report 2013-14 Contents List of abbreviations ----------------------------------------------------------------------------- (ix) Composition of the Commission during the year 2013-14 ----------------------------- (xi) List of Chapters Chapter Heading Page No. 1 Highlights 1-3 2 Brief History and Workload over the years 5-10 3 Recruitment by Examinations 11-19 4 Direct Recruitment by Selection 21-27 5 Recruitment Rules, Service Rules and Mode of Recruitment 29-31 6 Promotions and Deputations 33-40 7 Representation of candidates belonging to Scheduled Castes, Scheduled 41-44 Tribes, Other Backward Classes and Persons with Disabilities 8 Disciplinary Cases 45-46 9 Delays in implementing advice of the Commission 47-48 10 Non-acceptance of the Advice of the Commission by the Government 49-70 11 Administration and Finance 71-72 12 Miscellaneous 73-77 Acknowledgement 79 List of Appendices Appendix Subject Page No. 1 Profiles of Hon’ble Chairman and Hon’ble Members of the Commission. 81-88 2 Recommendations made by the Commission – Relating to suitability of 89 candidates/officials. 3 Recommendations made by the Commission – Relating to Exemption 89 cases, Service matters, Seniority etc. 4 Recruitment by Examinations – Details of recommendations made during 90 the year 2013-14 for Civil Services/Posts.
    [Show full text]
  • A Report of the International Workshop on India's Forest
    . , . r& 085448 18 -0CiiASIONAL PAPER,NO. 3 Sept 1994 : * CENTER .F&‘hTERNATIONAL FORESTRY RESEARCH : . .I : . * ., . _. ‘, . * ; . 1 . ENVIRONlSiENT, DEVELOFMENT AND.POVEiiTY: * . , ~ . 1 CENTER FbR,lNTERNATlONAL FORESTRY RESEARCH . \ office &dress:. Jalan Gunung Batu 5 Bogor 16001 !ndonesia . ,mai/hg address: P-0,. Box 6596, JKPWB Jakarta 1006hdo.~esia ’ .. : . tel.: .+62 (251) 34-3652 fax: +62 (251) 32-6433 e-mail: cifor @cgnet.com . .’ . ’ . T.he$GIAR System The Consultative Grotip on International Agricultural Research (CGIAR) is an informal association of 41 ‘public and private sector donors that supports a network of sixteen international agricultural research centers, CIFOR being the newest of these centers. The Group was established in 197 1. The CGIAR centers are part of a global agricultural research system which endeavor to apply international scientific capacity to solution of the problems of the world’s disadyantaged people. CIFOR CIFOR was established under the CGIAR system in response to global concerns about the social, environmental and ec&omic consequences of loss and degradation of. forests. It operates, through a series of highly decentralized partnerships with key institutions and/or individuals throughout the developing and industrialized worlds. The nature and duration of the& partnerships are determined by the specific research problems b&g addressed. This research agenda is under constant review and is subject to change as the partners recognize new opportunities and problems. FOREWORD CIFOR is very pleased that one of our first Occasional Papers is India’s Forest Management and Ecological revival. It is one output of a very comprehensive and ambitious program which included a year of research, eighteen commissioned papers, and a workshop in New Delhi.
    [Show full text]
  • Chapter 15 Mining
    CHAPTER 15 MINING 15.1. India is endowed with significant mineral resources. India produces about 100 minerals out of which 4 are Fuel minerals, 11 Metallic, 52 Non-metallic and the rest minor minerals. India is the world’s largest producer of mica blocks and mica splittings. With the recent spurt in world demand for chromate, India has stepped up its production to reach the second rank among the chromate producers of the world. Besides, India ranks, 3rd in production of Coal & Lignite, 2nd in Barites, 4th in Iron ore, 5th in Bauxite and crude Steel, 7th in Manganese ore and 8th in Aluminum. 15.2. The Ministry of Mines is responsible for the survey and exploration of all minerals (other than Natural Gas and Petroleum), for mining and metallurgy of Non-ferrous metals like Aluminum, Copper, Zinc, Lead, Gold, Nickel, etc., and for the administration of the Mines and Minerals, other than Coal, Natural Gas and Petroleum. The Ministry of Mines has jurisdiction over Geological Survey of India and Indian Bureau of Mines, both of which are subordinate offices. Geological Survey of India (GSI) 15.3. The GSI is the principal agency responsible for the assessment of geological and regional mineral resources of the country. GSI was established in 1851 and is one of India’s oldest investigative agencies in the field of earth sciences. Its areas of operation encompass scientific surveys and research and for locating mineral resources. GSI operates through six regional offices and four specialized wings – Marine, Coal Geophysics, Airborne surveys and Training. 15.4. The GSI has to its credit geological mapping, covering an area of approximately 3,146 million sq.km, or 94 percent of the area of India.
    [Show full text]
  • Wildlife Conservation Strategies and Management in India: an Overview
    Wildlife Conservation Strategies and Management in India: An Overview SWARNDEEP S. HUNDAL Punjab Agricultural University, Ludhiana, 141 004, India, email [email protected] Key Words: wildlife management, wildlife conservation, species recovery, blackbuck, Indian antelope, Antilope cervicapra, royal Bengal tiger, Panthera tigris tigris, gangetic gharial, Gavialis gangeticus, great Indian bustard, Ardeotis nigriceps, India Introduction Wildlife resources constitute a vital link in the survival of the human species and have been a subject of much fascination, interest, and research all over the world. Today, when wildlife habitats are under severe pressure and a large number of species of wild fauna have become endangered, the effective conservation of wild animals is of great significance. Because every one of us depends on plants and animals for all vital components of our welfare, it is more than a matter of convenience that they continue to exist; it is a matter of life and death. Being living units of the ecosystem, plants and animals contribute to human welfare by providing • material benefit to human life; • knowledge about genetic resources and their preservation; and • significant contributions to the enjoyment of life (e.g., recreation). Human society depends on genetic resources for virtually all of its food; nearly half of its medicines; much of its clothing; in some regions, all of its fuel and building materials; and part of its mental and spiritual welfare. Considering the way we are galloping ahead, oblivious of what legacy we plan to leave for future generations, the future does not seem too bright. Statisticians have projected that by 2020, the human population will have increased by more than half, and the arable fertile land and tropical forests will be less than half of what they are today.
    [Show full text]
  • Rethinking the Boundaries of the Sixth Amendment Right to Choice of Counsel
    RETHINKING THE BOUNDARIES OF THE SIXTH AMENDMENT RIGHT TO CHOICE OF COUNSEL I. INTRODUCTION Criminal defense is personal business. For this reason, the Consti- tution’s ample procedural protections for criminal defendants are writ- ten not just to provide a fair trial, but also to put the defendant in con- trol of his own defense. Courts and commentators alike have rec- ognized that the constitutional vision of liberty requires not only protection for the accused, but also the right of the accused to speak and act for himself.1 The Sixth Amendment also reflects the common understanding that the assistance of counsel can be crucial — even necessary — to effective defense,2 but its language and structure nev- ertheless make clear that the rights and their exercise belong to the de- fendant himself, not his lawyer.3 The right to the assistance of counsel has many facets, but its most ancient and fundamental element is the defendant’s right to counsel of his own choosing. Indeed, the Supreme Court has identified choice of counsel as “the root meaning of the constitutional guarantee.”4 Yet ac- tual choice-of-counsel doctrine gives the state broad authority to inter- fere with the exercise of this right. For example, a defendant may not choose an advocate whose representation creates a potential conflict of interest for the defendant, even if the defendant knowingly and intelli- gently waives any objection to the potential conflict,5 and a defendant has no right to be represented by an advocate who is not a current member of a state bar association.6 The remedy for a choice-of- ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 See, e.g., Faretta v.
    [Show full text]
  • Countering Coal? a Discussion Paper by Kalpavriksh and Greenpeace
    Countering Coal? A discussion paper by Kalpavriksh and Greenpeace Greenpeace is a global campaigning organisation that Kalpavriksh (KV) is a voluntary group based in India, acts to change attitudes and behaviour, to protect and working on environmental education, research, conserve the environment and to promote peace by: campaigns, and direct action. It began in 1979, with a students' campaign to save Delhi's Ridge Forest area Catalysing an energy revolution to address the number from encroachments and destruction. Starting with these one threat facing our planet: climate change. roots in local action, KV has moved on to work on a number of local, national, and global issues. Its activities Defending our oceans by challenging wasteful and are directed to ensuring conservation of biological destructive fishing, and creating a global network diversity, challenging the current destructive path of of marine reserves. 'development', helping in the search for alternative forms of livelihoods and development, assisting local Protecting the world’s remaining ancient forests and communities in empowering themselves to manage their the animals, plants and people that depend natural resources, and reviving a sense of oneness with on them. nature. Working for disarmament and peace by reducing KV has been helping communities and civil society dependence on finite resources and calling for the groups to implement the Forest Rights Act, specifically elimination of all nuclear weapons. its Community Forest Rights provisions, as a means of achieving more effective and equitable conservation Creating a toxic-free future with safer alternatives as also checking damage to forests by destructive to hazardous chemicals in today’s products and development projects.
    [Show full text]