Annexure 1 enlists specific issues with the LDAR 2021 from an environmental, social and livelihoods perspective. We outline both, points of concern and points on which clarity is needed. The context for each of these concerns and issues is presented in detail in the next four annexures.
Atoll islands and surrounding coral reefs are mutually linked; the fate of one depends on the fate of the other. In Annexure 2 we highlight the environmental fragility of the Lakshadweep atoll-system. Drawing on local and global literature on coral reef ecology, we discuss why ‘atoll islands’ are inherently fragile and existentially threatened by climate change. Following this, we describe the factors that bolster environmental resilience and the habitability of atoll systems (specifically; land cover and land use, lagoon health, and a network of uninhabited atolls that insures biodiversity). We describe how the LDAR 2021, through land-transformation, can severely erode the ecological resilience and future habitability of Lakshadweep. Finally, we highlight how existing customary and governmental regulations provide environmental safeguards in Lakshadweep and therefore need to be adhered to.
In Annexure 3 we give a historical overview of land tenure and natural resource governance in Lakshadweep, to understand the limited manner in which the LDAR 2021 approaches land and its appropriation. We describe a unique regime of legal pluralism seen in Lakshadweep where different legal systems (including customary matrilineal systems, sharia law and government regulations) govern both, individual properties and the commons. We further highlight the idiosyncrasies of property relations in Lakshadweep, particularly the concept of ‘land’ which encompasses the sea and lagoon, and property valuations that are based on both land area and natural resources (number of coconut trees). Finally we describe the importance of land commons (beaches and uninhabited atolls) for supporting livelihoods which are threatened by the LDAR 2021.
In Annexure 4 we provide an overview of fisheries – the prevailing livelihood activity in Lakshadweep and demonstrate its connections to land (i.e., beach and lagoon commons). The pole and line tuna fishery practised in Lakshadweep is one of the most ecologically and economically sustainable fishing practices globally and is directly and indirectly threatened by the LDAR 2021. We also provide evidence of self governance and community capacities to engage in participatory decision-making in the fisheries sector in Lakshadweep.
The LDAR 2021 facilitates large-scale tourism in Lakshadweep, stated to be modelled on the Maldives. In Annexure 5 we critique the model of tourism development in the Maldives which the Lakshadweep Administration aims to adopt. By comparing Maldives and the Lakshadweep archipelagos in terms of their geography, ecology, socio-politics, administration and economy we make a case that the Maldivian development trajectory is not viable in Lakshadweep. We highlight the consequences of the Maldivian tourism model for natural resources, biodiversity, ecosystems, society and culture in Maldives. Lastly, we review alternate models of atoll development adopted by Small Island Development Nations (SIDS). The SAMOA development pathway (SIDS Accelerated Modalities of Action Pathway) is a development framework that is bounded within climate change, place-based environmental fragility, equity, justice and human wellbeing and could be an aspirational development paradigm for Lakshadweep.
In Annexure 6, we do a close legal analysis of the LDAR, finding that it violates fundamental rights of the citizens of Lakshadweep, is contrary to important Constitutional principles, other legislations and Supreme Court orders. It also restricts democratic participation in development and appropriates the powers of the Panchayat. Moreover, both the manner in which the LDAR is being promulgated and the Regulation itself suffers from arbitrariness, non-reasonableness and excessive delegation.
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AboutThe LDAR 2021 is highly problematic and threatens to erode the socio-environmental resilience of Lakshadweep and its future habitability. In this set of annexures, we contextualise socio-environmental concerns of the draft LDAR 2021 by illuminating the unique environmental, economic and cultural landscape of Lakshadweep. |