Governing the commons necessitate pluralistic approaches, not restricted to legal conventions. Customs are interfaces between law and practice; they originate from practice, grow and spread amongst communities. Various laws govern access, use, management and ownership of common pool resources and legitimise these customary institutions. An important point of contestation with respect to commons is negotiating from customary practices and entitlements to legal provisions.
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Institutional ArrangementsHistorically and at the present time there have been a variety of arrangements that have mediated the relationship between users and resources held in common. While some of these pertain to matters of tenure, there are many other kinds of relationships that are mediated through customs, practices, and institutions developed in both traditional and contemporary context. These arrangements may take formal and legal shape or may be realized through informal mechanisms, they may also function at different levels of organization. Thus arrangements may be institutionalized at the level of villages, water user associations may function as multi-village federations, Biodiversity Management Committees at Panchayat level, injunctions and restraints on access to water, pasture, lopping etc. may be informal and dependent on local consensus, and so on. Discussions pertaining to such arrangements, other than tenurial relationships, may be taken up here.
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Laws and Enactments
There are many laws which have been enacted which affect the way commons are accessed as well as their status. Examples of such legislations are: Wild Life Protection Act, Forest Rights Acts, PESA, Forest Conservation Act, National Rural Employment Guarantee Act, Biological Diversity Act, Marine Fisheries Regulation Act, CRZ and IPZ, Inland Fisheries Acts, etc.
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Policies
There are various policies in place which affect the way commons are accessed as well as their status. National Fisheries Policy and Inland Fisheries Policy, National Livestock Policy, Draft National Forest Policy, National Environment Policy, etc. are some of the policies that could be discussed here.
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Tenure ArrangementsThe term tenure refers typically to the nature of the human relationship with the land, this may refer to an individual as well as to a community or a social group's relationship; the land includes what exists on the land – grass, soil, crop, trees, orchards, water, tuber, fruits, leaves, etc., some tenurial relationships also refer to what is beneath the land. Tenure arrangements are types of ownership systems that vary from region to region in the country and affect the functioning of commons directly and indirectly. There is a plethora of land classification systems that significantly impact the outcomes of common property resources and community control. Variations in tenure systems such as Rayatwari, Mahalwari and Zamindari shape the viability and legitimacy of commons across the country. While in modern land tenure systems, a tenure is conceptualized in five dimensions – access, withdrawal, management, exclusion, and alienation, in reality, tenurial relationships are even more complex. Further, the tenurial relationship may be seasonal, spatial and intermittent. The word tenure refers not only to a codified legally established relationship; but to all relationships that are socially or otherwise considered as legitimate. Discussions on both formal and customary tenurial relationships, which are fluid in nature, may be taken up here.
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