IDEAS home Printed from https://ideas.repec.org/a/pal/eurjdr/v31y2019i4d10.1057_s41287-019-0195-2.html
   My bibliography  Save this article

Denial of Rights Continues: How Legislation for ‘Democratic Decentralisation’ of Forest Governance was Subverted in the Implementation Process of the Forest Rights Act in India

Author

Listed:
  • Bidhan Kanti Das

    (Institute of Development Studies Kolkata)

Abstract

It is argued that, in the absence of legislation, the outcome of decentralisation initiatives in forestry remains limited in terms of devolution of power and assigning authority to politically weak forest-dependent communities are concerned. In this context, the ongoing implementation process of the Forest Rights Act provides an opportunity to examine the institutional arrangements for devolution of power and authority, and measures the extent to which this Act offers space for democratic and inclusive forest governance by the local people. Based on micro-level field work in parts of West Bengal, India, the paper argues that understanding roles of institutions under ‘democratic decentralisation’ framework is not enough for meaningful democratic decentralisation, particularly for forest resources. If democratic decentralisation of natural resources is to succeed, a variety of factors embedded in the institutions, like actor, power and accountability, is to be recognised.

Suggested Citation

  • Bidhan Kanti Das, 2019. "Denial of Rights Continues: How Legislation for ‘Democratic Decentralisation’ of Forest Governance was Subverted in the Implementation Process of the Forest Rights Act in India," The European Journal of Development Research, Palgrave Macmillan;European Association of Development Research and Training Institutes (EADI), vol. 31(4), pages 957-983, September.
    • Handle: RePEc:pal:eurjdr:v:31:y:2019:i:4:d:10.1057_s41287-019-0195-2
    DOI: 10.1057/s41287-019-0195-2
    as

    Download full text from publisher

    File URL: http://link.springer.com/10.1057/s41287-019-0195-2
    File Function: Abstract
    Download Restriction: Access to full text is restricted to subscribers.
    File URL: https://libkey.io/10.1057/s41287-019-0195-2?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Leach, Melissa & Mearns, Robin & Scoones, Ian, 1999. "Environmental Entitlements: Dynamics and Institutions in Community-Based Natural Resource Management," World Development, Elsevier, vol. 27(2), pages 225-247, February.
    2. Berry, Sara, 1997. "Tomatoes, land and hearsay: Property and history in asante in the time of structural adjustment," World Development, Elsevier, vol. 25(8), pages 1225-1241, August.
    3. Kumar, Kundan & Singh, Neera M. & Kerr, John M., 2015. "Decentralisation and democratic forest reforms in India: Moving to a rights-based approach," Forest Policy and Economics, Elsevier, vol. 51(C), pages 1-8.
    4. Crook,Richard C. & Manor,James, 1998. "Democracy and Decentralisation in South Asia and West Africa," Cambridge Books, Cambridge University Press, number 9780521631570, September.
    5. Kundan Kumar & John M. Kerr, 2012. "Democratic Assertions: The Making of India's Recognition of Forest Rights Act," Development and Change, International Institute of Social Studies, vol. 43(3), pages 751-771, May.
    6. Sathyapalan, Jyothis, 2010. "Implementation of the Forest Rights Act in the Western Ghats Region of Kerala," MPRA Paper 24398, University Library of Munich, Germany.
    7. Crook,Richard C. & Manor,James, 1998. "Democracy and Decentralisation in South Asia and West Africa," Cambridge Books, Cambridge University Press, number 9780521636476, September.
    8. David Mosse, 1997. "The Symbolic Making of a Common Property Resource: History, Ecology and Locality in a Tank‐irrigated Landscape in South India," Development and Change, International Institute of Social Studies, vol. 28(3), pages 467-504, July.
    9. Frances Cleaver, 2000. "Moral Ecological Rationality, Institutions and the Management of Common Property Resources," Development and Change, International Institute of Social Studies, vol. 31(2), pages 361-383, March.
    10. Klooster, Daniel, 2000. "Institutional Choice, Community, and Struggle: A Case Study of Forest Co-Management in Mexico," World Development, Elsevier, vol. 28(1), pages 1-20, January.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Ballal, Aabha & Guha, Asi & Tambe, Sandeep & Patnaik, Suprava & Joe, Elphin Tom, 2023. "Community forest legislation in India: Rights-based polycentrism or responsibilization?," World Development Perspectives, Elsevier, vol. 31(C).
    2. Serene Ho & Pranab R. Choudhury & Nivedita Haran & Rebecca Leshinsky, 2021. "Decentralization as a Strategy to Scale Fit-for-Purpose Land Administration: An Indian Perspective on Institutional Challenges," Land, MDPI, vol. 10(2), pages 1-18, February.
    3. Magessa, Kajenje & Wynne-Jones, Sophie & Hockley, Neal, 2020. "Does Tanzanian participatory forest management policy achieve its governance objectives?," Forest Policy and Economics, Elsevier, vol. 111(C).

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Johnson, Craig & Forsyth, Timothy, 2002. "In the Eyes of the State: Negotiating a "Rights-Based Approach" to Forest Conservation in Thailand," World Development, Elsevier, vol. 30(9), pages 1591-1605, September.
    2. Floriane Clement, 2010. "Analysing decentralised natural resource governance: proposition for a “politicised” institutional analysis and development framework," Policy Sciences, Springer;Society of Policy Sciences, vol. 43(2), pages 129-156, June.
    3. Béné, Christophe & Belal, Emma & Baba, Malloum Ousman & Ovie, Solomon & Raji, Aminu & Malasha, Isaac & Njaya, Friday & Na Andi, Mamane & Russell, Aaron & Neiland, Arthur, 2009. "Power Struggle, Dispute and Alliance Over Local Resources: Analyzing 'Democratic' Decentralization of Natural Resources through the Lenses of Africa Inland Fisheries," World Development, Elsevier, vol. 37(12), pages 1935-1950, December.
    4. Anthony Bebbington & Leni Dharmawan & Erwin Fahmi & Scott Guggenheim, 2004. "Village politics, culture and community-driven development: insights from Indonesia," Progress in Development Studies, , vol. 4(3), pages 187-205, July.
    5. Husain, Zakir & Bhattacharya, Rabindra N., 2004. "Common pool resources and contextual factors: Evolution of a fishermen's cooperative in Calcutta," Ecological Economics, Elsevier, vol. 50(3-4), pages 201-217, October.
    6. Punjabi, Bharat & Johnson, Craig A., 2019. "The politics of rural–urban water conflict in India: Untapping the power of institutional reform," World Development, Elsevier, vol. 120(C), pages 182-192.
    7. Ishihara, Hiroe & Pascual, Unai, 2009. "Social capital in community level environmental governance: A critique," Ecological Economics, Elsevier, vol. 68(5), pages 1549-1562, March.
    8. Kumar, Kundan & Singh, Neera M. & Kerr, John M., 2015. "Decentralisation and democratic forest reforms in India: Moving to a rights-based approach," Forest Policy and Economics, Elsevier, vol. 51(C), pages 1-8.
    9. Julia Brown, 2014. "Evaluating Participatory Initiatives in South Africa," SAGE Open, , vol. 4(2), pages 21582440145, April.
    10. Frimpong Boamah, Emmanuel, 2018. "Constitutional economics of Ghana’s decentralization," World Development, Elsevier, vol. 110(C), pages 256-267.
    11. Veron, Rene & Williams, Glyn & Corbridge, Stuart & Srivastava, Manoj, 2006. "Decentralized Corruption or Corrupt Decentralization? Community Monitoring of Poverty-Alleviation Schemes in Eastern India," World Development, Elsevier, vol. 34(11), pages 1922-1941, November.
    12. Stephen Woroniecki, 2019. "Enabling Environments? Examining Social Co-Benefits of Ecosystem-Based Adaptation to Climate Change in Sri Lanka," Sustainability, MDPI, vol. 11(3), pages 1-20, February.
    13. Andrew Wardell, D. & Lund, Christian, 2006. "Governing Access to Forests in Northern Ghana: Micro-Politics and the Rents of Non-Enforcement," World Development, Elsevier, vol. 34(11), pages 1887-1906, November.
    14. Karin Andrea Wigger & Dean A. Shepherd, 2020. "We’re All in the Same Boat: A Collective Model of Preserving and Accessing Nature-Based Opportunities," Entrepreneurship Theory and Practice, , vol. 44(3), pages 587-617, May.
    15. Mogues, Tewodaj & Benin, Samuel, 2012. "Do External Grants to District Governments Discourage Own Revenue Generation? A Look at Local Public Finance Dynamics in Ghana," World Development, Elsevier, vol. 40(5), pages 1054-1067.
    16. Fischer, Harry W. & Ali, Syed Shoaib, 2019. "Reshaping the public domain: Decentralization, the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), and trajectories of local democracy in rural India," World Development, Elsevier, vol. 120(C), pages 147-158.
    17. Christa N. Brunnschweiler & Samuel Kwabena Obeng, 2020. "Rewarding Allegiance: Political Alignment and Fiscal Outcomes in Local Government," University of East Anglia School of Economics Working Paper Series 2020-05, School of Economics, University of East Anglia, Norwich, UK..
    18. Narayana, D., 2005. "Institutional change and its impact on the poor and excluded : the Indian decentralisation experience," ILO Working Papers 993769263402676, International Labour Organization.
    19. Binswanger, Hans P., 2006. "Leonard K. Elmhirst Lecture: Empowering Rural People for Their Own Development," 2006 Annual Meeting, August 12-18, 2006, Queensland, Australia 25713, International Association of Agricultural Economists.
    20. Cook, Nathan J. & Wright, Glenn D. & Andersson, Krister P., 2017. "Local Politics of Forest Governance: Why NGO Support Can Reduce Local Government Responsiveness," World Development, Elsevier, vol. 92(C), pages 203-214.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pal:eurjdr:v:31:y:2019:i:4:d:10.1057_s41287-019-0195-2. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.palgrave-journals.com/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.