Abstract Panel


Authors Information
SequenceTypeName TitleFirst NameLast NameDepartmentInstitute / Affiliation
1 Author Mr. Yash Goswami University School of Humanities and Social Sciences Guru Gobind Singh Indraprastha University New Delhi
Abstract Information
TrackID
:
IUAES23_ABS_X2971
Abstract Theme
:
P084 - Rights, Entitlements and Policy Measures for the Nomadic Communities: Forging a Way Forward for Inclusive Development
Abstract Title
:
Negotiating Customary law and State Regulations in Pastoral Communities: A Study of Pastoralism and Shepherding Practices in Western Himalayas
Short Abstract
:
To define pastoralism, we might have to describe it as ‘cultural capital’ which is mostly dependent upon large livestock husbandry strategies. With the altitude limiting agricultural options, a combination of pastoralism and agriculture is used. Pastoralist communities can take advantage of seasonal variations by moving with their herds through transhumant pastoralism. This paper aims to study the effect of state intervention on the functioning of the informal institutions of nomadic communities.
Long Abstract
:

Being nomadic does not indicate casually wandering; rather, nomadic movement is highly accurate and deliberate, with the intention of reaching specific aims and goals. The nomadic communities generally live in isolated areas that are environmentally marginal and far from centres of civilization and power. Various pastoral practices had emerged historically in different parts of Himachal due its geographical conditions. Pastoralism can thus be viewed logically as a specific activity within regions where more diverse economic activities are conducted, and it utilizes locations within a region that are not favorable for agriculture. The state' long-term goal was to convert pastoralists to settled agriculture-based communities. However, enforced sedentarization could not be undertaken by states because the revenue generated by agriculture was inadequate as compared to pastoralism.

The customary law of nomadic pastoral communities are deeply embedded in the natural ecological system, and the state foreign law dependent on a political system creates tension. Land agreement and pasture permits meant for shepherd movement, which had previously been fluid and flexible, were now strictly restricted by the state’s-imposed law and regulation. When we begin to consider law as a process instead of a fixed set of rules, it becomes possible to find living spaces within traditional occupancy rights, and a broad range of outcomes may be discovered. Embracing a degree of contradiction and conflict inside the modern state requires considering the other side of the association; local people's reaction to change. This paper deals with the impact of government interference on the functioning of informal institutions that organize community utilization and management of natural resources. The legal system which was shaped during the British period and continued as such after the independence has affected the informal institutions of nomadic communities.

Abstract Keywords
:
Customary law, Pastoralism, Nomadism