STUDY ON CUSTOMARY RIGHTS AND THEIR RELATION TO MODERN TANK MANAGEMENT IN TAMIL NADU, INDIA By DHAN Foundation (Development of Humane Action) 18, Pillaiyar Koil Street, S.S.Colony, Madurai 625 010 Tamil Nadu January 2004 Sponsored by Development Centre for Alternative Policies (DCAP) 62, Babar Road New Delhi – 110 001 The Project Team Mr.R.Seenivasan, Principal Researcher Mr. Jacob Stanley Inbaraj, Research Associate Mr. S.Duraipandi, Research Associate Mr.K.Vallinayagam, Consultant Mr.S.M.Ratnavel, Consultant Contents Sl. No. Particulars Page No. 1 Customary Rights and their relation to Modern Tank 2 Management in Tamilnadu, India Customary Rights and their Relations to Modern Tank 2 43 Management in Ramanathapuram District of Tamilnadu 3 Conflict in Tank Usufructuary Rights (Athoor Tank) 52 Conflict in Tank Usufructuary Rights (Sithayankottai 4 Tank) 75 Collapsing Tank Customs in a large multi caste village 5 (Sathangudi Tank) 85 Encroachments and the Rights of the Cultivators 6 (Goundankulam) 97 New Development Interventions and the Customary 7 Rights: Peria Aruvi Reservoir and the Chain of Tanks in 112 Madurai District Twisting and turning the Customary and Riparian Rights 8 in a Tank Intensive Basin: Case of the Vaigai River Basin 127 System DHAN Foundation, Madurai. Part I Overview of Customs, Rights and Modern Tank Management in Tamil Nadu 1 Research on Customary Rights and their Relation to Modern Tank Management in Tamil Nadu DHAN Foundation, Madurai. Customary Rights and their relation to Modern Tank Management in Tamilnadu, India Tanks in South India Village tanks occupy a significant position in irrigation and in the local ecosystem in low rainfall areas. Irrigation tanks have been one of the most important water resources for the rural communities in Indian subcontinent. Most of these tanks are situated in semi-arid parts of peninsular India where there are no rivers of importance. These water harvesting structures were ingeniously designed by the native rulers and managed by the local communities over the past several centuries. These unique indigenous water storage and management systems are now in a general decline. Continuing Mismanagement The centralization of the tank administration in the last two centuries by the British colonial administration are said to be one of the reason for its decline. Such a process led to severe consequences over the centuries - alienating the local community from taking up collective efforts towards the betterment of tanks. The investments on the preservation of tanks also steadily declined, resulting in the deterioration of the tank systems. In the last three decades the decline in tankfed agriculture has become more rapid and has severely affected agricultural production in several places. The region is facing a grave situation through the deteriorating tanks, forcing the marginal and small farmers into a cycle of deprivation and debt, as also leaving them increasingly at the mercy of the vagaries of monsoon. Tanks in Cascades There exist around 140,000 number of tanks in the three South Indian states of Karnataka, Tamil Nadu and Andhra Pradesh, mostly spread over the low rainfall monsoon dependent districts. These tanks are earthen bunded reservoirs constructed across slopes by taking advantage of local depressions and mounds. Most of them are linked as cascades in watersheds, which are not always uniform in terms of agriculture and administration. These cascades cross government administrative boundaries and are managed by several departments for various activities. The tanks have provided support for the livelihood of the local village communities and have to be restored and conserved as economic assets, especially for the poor and marginalised communities in the under developed areas. Tanks as Multiple use Systems As one of the oldest man-made ecosystems, the tank system consist of water bodies, tank structures, feeder canals and supply channels, wells, wetlands, semi dry tankfed lands, soils and plants, animals and birds, aquatic plants and fishes. As an agricultural system it is distinct in cropping practices, varieties and water management. As an engineering system it is historically one of the oldest in irrigation engineering design. As a management system it is capable of becoming administratively and financially self reliant structure. As a social system the tank serves and benefits various groups and sections of the village community such as farmers, fisher folk, artisans, animal rearers - and especially the women. Research on Customary Rights and their Relation to Modern Tank Management in Tamil Nadu 2 DHAN Foundation, Madurai. Customs, Customary rights in Tanks Customary rights to tank waters and other associate usufructs have been traditionally exercised by farming and non farming villagers according to norms that have been handed down over centuries. Study of customary rights, from available records as well as from intensive field studies are necessary to document the existing patterns of inter and inter tank management systems. The relationship of such customary rights to the irrigation and land laws of the state needs to be investigated in order to evolve an appropriate legal framework for tank management in Tamilnadu. The formal and non- formal legal framework on tanks will be studied to explore the subject of rights in tank systems and its relationship to some of the critical issues at current times: · Equitable and sustainable use · Decentralized governance · Management of conflicts · Integrated Resource Management A study to understand the customs, practices and customary rights and their relation to modern tank management was undertaken during the year 2003. The study was formulated with the following specific objectives. 1. To investigate historical and extant customary rights in tank systems in Tamilnadu in relation to the different types of tanks and their relation to past and present customary management of tanks. 2. To review the current irrigation law and policy of the State in relation to right institutions and management processors including a review of the institutionalization of irrigators under official modern tank management strategies and through non government organization’s initiatives, and 3. To finalise a strategy a public consultations for legal reform for tank management in Tamilnadu. The study was undertaken with a fond hope of understanding the following important components in tank management. They are: 1. Environmental and geographical issues like nature and types of rights in tank systems, relationship of rights in tanks to such physical features as type and size, relationship of rights of tanks to rights in catchments areas and other water bodies and relationship between rights and changes in land use, environmental conditions water availability and demographic factors. 2. Socio political issues relating to relationship of rights in tanks to socio- economic status and relations, intra and inter village, relationship of rights in tanks to profiles of local or supra-local, social, political and economical institutions, relationship of rights in tanks to management institutions both formal and non formal. 3. Economic issues focusing on distinction between economic value and tank water in relation to water from other sources, economics of transfers of water rights in tanks, economic of tank maintenance community, inter-community and regional levels and impact of change of agricultural technology on rights in tank systems. 4. Legal issues regarding relationship between rights in water and other usufructs and management responsibilities, relationship between rights of various groups and normative 3 Research on Customary Rights and their Relation to Modern Tank Management in Tamil Nadu DHAN Foundation, Madurai. frameworks regarding the resource systems, relationship of rights to decision making processes and outcomes, distinction between rights as recognized in law and rights in practice, norms and rules on transfer of rights, formal and non-formal institutions and a processes for dispute resolution, interpretation of rights in non-formal fora and relationship of rights in practice to those define under irrigation and land laws of the state. The study was conducted in southern districts of the state of Tamilnadu concentrating on village tanks at micro, meso and macro levels, and the geographical area being the major consideration. The study was conducted in selected districts of the state of Tamilnadu. Archival and published records, books and other materials, Government orders and Court verdicts were reviewed for better understanding of the problem in general and specific to the selected cases. Interviews were conducted using a well-constructed and standardized interview schedule for collecting data from individual farmers wherever needed. Case studies were also conducted with the group of villagers and various stakeholders in the tank management systems. The important findings of the study are presented under the following headings: 1. Legal Analysis of Customs, Customary Rights related to Tanks in Tamilnadu with a summary of case studies 2. Documentation of Customary practices and their relations to modern tank management in Ramanathapuram district with an example of Pooseri tank in Mudhukulathur Taluk. 3. Customary rights and their relations to modern tank management at a micro level through the cases and salient inferences from them. 4. Customary rights and their relations to modern tank management at a meso level spanning