Navigating customary law and state fishing legislation to create effective fisheries governance in India

Karnad, Divya

doi:10.1016/j.marpol.2017.09.002

Cited by 15 publications

(8 citation statements)

References 17 publications

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“…However, even with the mechanization of fisheries leading to increasing fishing effort, teleost and chondrichthyan landings declined steeply by the late 2000s in both onshore and offshore fisheries (Devaraj and Vivekanandan 1999;DeYoung 2006;Raje et al 2007;Mohamed and Veena 2016). Despite the introduction of certain fisheries management measures at the state level, including seasonal trawl bans, fishing gear restrictions, mesh size specifications, and areas of operation, the organization of Indian fisheries remains complicated with limited regulations specific to shark fisheries and overall poorly enforced and unregulated fishing (Bavinck 2001;Kizhakudan et al 2015;Karnad 2017). In fact, there are no restrictions on landings, except for a few species listed on Schedule I of the Indian Wildlife Act (1972), and these state regulations have repeatedly proved inadequate to protect sharks (Kizhakudan et al 2015) other than the whale shark (Rhincodon typus).…”

Section: Introductionmentioning

confidence: 99%

Local drivers of declining shark fisheries in India

Karnad

Sutaria

Jabado

2019

Ambio

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This study evaluates local-scale drivers of shark harvests in India, one of the world's largest shark fishing nations. Focusing on key harbours in the states of Gujarat and Maharashtra, which together contribute 54% of India's shark harvest, this study uses a semi-structured survey to examine the practices of shark fishers and traders, their knowledge of shark trade and policy, and perceptions of shark declines. Findings indicate that a domestic market for shark meat is presently the main local driver for harvests rather than the global trade in shark fins. Sharks are mostly non-target catch, landed whole, contributing to the protein needs of coastal communities. Consumer demand is the greatest for small-bodied and juvenile sharks. Perceived steep declines in shark numbers and sizes have had economic impacts on fishers and traders. The unregulated domestic market for shark meat is a key challenge requiring nuanced local approaches that diverge from global shark conservation priorities.

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Section: Introductionmentioning

confidence: 99%

Local drivers of declining shark fisheries in India

Karnad

Sutaria

Jabado

2019

Ambio

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“…The application of its assistance does not show customary law as the proper law. Customary law, however, still exists, but it is conveyed as an expression of a feeling of equality, which is set out as a standard to ensure greater justice in the current law that it accepts Indonesia's local region as a live law of good law (Joireman, 2008;Polański, 2017;Karnad, 2017).…”

Section: Discussionmentioning

confidence: 99%

Understanding the sociology of customary law in the reformation era: complexity and diversity of society in Indonesia

Manullang

2021

lingcure

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Although this customary law is official in Indonesia, its existence and use are minimal. At the same time, customary law is the primary source of state law in building law towards the perfection of legislation. Although customary law is not written down in the context of recognition, it is still recognized even though it is within certain limits and consensus. So, this is what we consider to be the complexity resulting from the socio-cultural diversity in Indonesia so that the existence of customary law is not recognized by national law. We have carried out this study using the review method on a hundred pieces of evidence of field findings, and we present it in this report so that we gain a deep understanding of how to understand customary law and the complexity of the socio-cultural diversity of Indonesian society. Hopefully, this finding is helpful for observers of customary law and developments in the country.

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“…Wiber and Parlee 2014). Fisheries in South India too have fruitfully been investigated from a legal pluralism angle (Bavinck 2001;Jentoft et al 2009;Bavinck et al 2013;Karnad 2017), with governmental and customary law vying for authority. Legal pluralism is recognized as creating specific dilemmas for governors who are in charge of 'steering' socio-technical developments (Jentoft and Bavinck 2014), but also for regular citizens who engage in forum-shopping (Benda-Beckmann 1981).…”

Section: A Theoretical Perspective On Socio-technical Transitionsmentioning

confidence: 99%

Implications of legal pluralism for socio-technical transition studies – scrutinizing the ascendancy of the ring seine fishery in India

Bavinck

2020

The Journal of Legal Pluralism and Unofficial Law

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This paper considers the contribution of legal pluralism scholarship to the field of socio-technical transition studies. Making use of a case study on the changeover to ring seine fishing in India, it pays particular attention to the implications of legal pluralismor the co-existence of multiple legal systems in a societal fieldfor the stability of such transitions. Ring seine fishing developed in particular niches in the 1970s to spread swiftly throughout the subcontinent, dividing the fisher population into fervent protagonists and antagonists. Arguing that socio-technical innovations are often contested and that rival parties make use of alternative legal systems to advance their rights, the paper suggests that socalled regimes function as arenas for deliberating and battling alternative futures in fishing. Rather than creating stability for a particular socio-technical transition, such regimes may actually mask deep socio-legal divides.

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Navigating customary law and state fishing legislation to create effective fisheries governance in India

Cited by 15 publications

References 17 publications

Local drivers of declining shark fisheries in India

Local drivers of declining shark fisheries in India

Understanding the sociology of customary law in the reformation era: complexity and diversity of society in Indonesia

Implications of legal pluralism for socio-technical transition studies – scrutinizing the ascendancy of the ring seine fishery in India

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