Soil Law and Governance in India (International Yearbook of Soil Law and Policy) 3031323599, 9783031323591

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International Yearbook of Soil Law and Policy Regional Perspectives

Bharat H. Desai   Editor

Soil Law and Governance in India

International Yearbook of Soil Law and Policy

Regional Perspectives Series Editor Harald Ginzky, German Environment Agency, Dessau, Germany

IYSLP Regional Perspectives is a subseries of the International Yearbook of Soil Law and Policy (IYSLP). It discusses the sustainable management of soils, in particular from specific regional perspectives. Topics include concepts and models of soil protection law, tenure rights issues, and gender and cultural dimensions of soil protection policies in specific regions. The series also addresses the need for international cooperation, taking into account specific regional requirements and challenges. As such, IYSLP Regional Perspectives offers an indispensable information tool for policymakers, scientists and lawyers.

Bharat H. Desai Editor

Soil Law and Governance in India

Editor Bharat H. Desai Centre for International Legal Studies, School of International Studies

Jawaharlal Nehru University New Delhi, India

ISSN 2520-1271     ISSN 2520-128X (electronic) International Yearbook of Soil Law and Policy ISSN 2524-4094     ISSN 2524-4108 (electronic) Regional Perspectives

ISBN 978-3-031-32359-1    ISBN 978-3-031-32360-7 (eBook) https://doi.org/10.1007/978-3-031-32360-7 © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland Paper in this product is recyclable.

An Ode to the Earth What of thee I dig out, Let that quickly grow over, O Purifier, let me not hit thy vitals, Or thy heart O Earth, my mother, set thou me happily in a place secure. किं त्वां बहिः खनामि, तत् शीघ्रं वर्धयतु, हे शुद्धिकरणाय, तव प्राणान् न प्रहरामि, अथवा तव हृदयम्। निधाय मां पृथिवी मातसुखं देशे सुरक्षिते ।। Atharva Veda (Book XII, Hymn 1)

Preface

Soil is our biological capital. It has been squandered mainly in the wake of growing developmental needs of the humankind. The pressure on land for human sustenance will only increase with the world population, as per United Nations projections, expected to reach 10 billion in 2050 and 11 billion in 2100. It is pertinent to recall what I wrote in my first scholarly publication: “human quest for development seriously threatens our fragile ecosystem” and nations with “severe deforestation, erosion, overcultivation, and overgrazing are more prone to natural disasters” (“Destroying the global environment”, International Perspectives, Ottawa, Nov./ Dec 1986). It underscored that an excessive and inappropriate land use leads to various forms of land degradation. The thin crust of Earth’s surface, the soil, supports all terrestrial life as well as regulates and provides essential ecosystem services (FAO & UNEP: Global Assessment of Soil Pollution, 2021). Hence, the soil health is critical for survival of humans (and other life forms) since almost 95% of our food comes from it. Soil also has significant potential as a sink through carbon sequestration.

Soil Degradation Challenge In view of the very nature of the soil degradation challenge, several multilateral environmental agreements (MEAs) such as the UN Convention to Combat Desertification (UNCCD), UN Framework Convention on Climate Change (UNFCCC) and Convention on Biological Diversity (CBD) have a role to play in addressing this global problematique. With an estimated 40% of the planet’s degraded lands (UNCCD, 10 October 2022), it presents a serious challenge as it affects half of the human population and threatens nearly half of the global GDP. As a result, soil degradation has emerged as a predominant cause for mass hunger, migration and even armed conflicts. Though land degradation is a global challenge, it necessitates appropriate policy, law and institutional measures that are primarily designed and implemented at the vii

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national level. Hence, sustainable soil management (SSM) has become prerequisite policy tool for attaining Sustainable Development Goals 2030 (SDG 2030). It calls for an interdisciplinary cooperative framework comprising scientific, social, cultural, political, financial and legal aspects. The SDG 15.3 aims to “protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss”. It seeks to achieve a land degradation-neutral (LDN) world. SDG 2030 have placed LDN on a higher pedestal as compared to the no net loss target under the MDG 2015. Now under the UNCCD process, there is a voluntary commitment of the 197 State Parties to accelerate the restoration of 1 billion hectares of degraded land by 2030. Similarly, the G-20 Riyadh Summit (November 2020) set the target for reduction of 50% land degradation by 2040.

LDN and the UNCCD Process As a universal convention, the UNCCD aims “to combat desertification and mitigate the effects of drought in countries experiencing serious drought and/or desertification”. It seeks to improve the living conditions for people in drylands, to maintain and restore land and soil productivity and to mitigate the effects of drought through “rehabilitation, conservation and sustainable management of land and water resources, leading to improved living conditions”. The UNCCD Strategic Framework (2018–2030) has declared desertification, land degradation and drought (DLDD) as “challenges of a global dimension”. This Framework normatively provides UNCCD’s most comprehensive global commitment to achieve LDN even as the livelihoods of more than 1.3 billion people are at risk due to the impacts of drought. In fact, the UNCCD’s vision comprises a future to achieve an LDN-neutral world consistent with the SDG 2030. In view of the above, the requisite global policy and legal tools need to be transposed into action at the national levels. The UNCCD 14th Conference of the Parties (COP), New Delhi, 2–13 September 2019, saw the civil society groups lamenting that even after 25 years the “situation is worse today than when we started”. The 2019 New Delhi Declaration set the target of “striving to achieve land degradation neutrality”. It was duly appreciated by the UN General Assembly (UNGA) resolution 76/206 of 17 December 2021. As a corollary, the UNCCD COP15 (Abidjan, Côte d’Ivoire; 9–20 May 2022) decided to have multi-year workplan (2022–2025) for the UNCCD institutions as well as encouraged the state parties to “formulate voluntary land degradation neutrality targets” (Decision 3/15). It seeks to realize the LDN target of the SDG 15.3.

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Soil Management in India In the backdrop of this globally ordained UNCCD process, India appears to be pursuing the LDN target seriously. In the aftermath of the Indian Prime Minister Narendra Modi’s pronouncement at the New Delhi COP14, the land restoration target has been enhanced from 21 million hectares to 26 million hectares to be achieved by 2030 for attaning land degradation neutrality, as required by the UNCCD. Moreover, India has announced the mobilization of Mahatma Gandhi National Rural Employment Guarantee Scheme, with an annual budget of USD 9 billion, to significantly scale up restoration of the degraded land areas. It calls for concerted policy and legal steps to offset any ongoing or anticipated land degradation (losses) resulting from current and future developmental activities with interventions to reverse land degradation occurring elsewhere (gains). Out of the total 96.4 million hectares of degraded land in India, an ambitious goal has been set for halting any further land degradation as well as rehabilitate at least 30 million hectares of degraded wasteland, forest and agricultural land (10 million hectares each). With an alarming rate of degradation of soils in terms of both physical loss and soil health, the SSM practices can ensure protection of soil from erosion as well as improve the soil organic carbon (SOC). It is in this context that this curated volume encompasses ten contributions from scholars and practitioners. Notwithstanding the 2020–2022 Covid-19 pandemic period, the chapters were duly invited, reviewed through a rigorous process, revised drafts prepared by the contributors and thoroughly edited. It has entailed the best efforts to weave different components together for a meaningful ideational contribution in this unexplored area of soil law and governance. The edited book has been prepared within the limits of time, space, resources and other constraints. The editor earnestly desired to have more broader content and contributors. Hence, what is presented in this volume was the best possible under the circumstances to address soil science, policy, law, institutional and other perspectives. This modest work seeks to provide a reasonable basis for the promotion of study of soil law and governance through teaching of appropriate courses at under-­ graduate, graduate and post-graduate levels in the departments of law, humanities and social science, natural science, management, etc. of the universities, law schools, institutions of eminence, technology, management and other places of advanced studies and research. It would also provide an exemplar for the global community of scholars and practitioners. One only hopes that the seeds sown through this volume would germinate to provide an impetus for an in-depth study of soil law and governance in India and beyond. New Delhi, India  Bharat H. Desai 09 September 2023

Contents

Part I Global Framework  Land-Soil Sustainability: India’s International Obligations�������������������������   3 Bharat H. Desai Part II Soil Degradation in India  Soil Degradation in India: Challenge and Response��������������������������������������  27 Pradip Dey and Debashis Mandal  Combating Soil Degradation: Some Policy Perspectives��������������������������������  55 Milap C. Sharma and Satya Prakash Part III Existing Legal Framework  Protection and Conservation of Soil: A Legal Perspective����������������������������  71 Sairam Bhat, Raghav Parthasarathy, and S. Aparna Agriculture Policy, Law and Institutions: Relevance for Soil Degradation��������������������������������������������������������������������������������������������������������  91 Amrendra Kumar, Chirag Shastri, and V. Roopak  Forest Policy, Law and Institutions: Relevance for Soil Degradation���������� 113 Anupam Jha and Santosh K. Upadhyay Role of Women in Sustainable Soil Management: Some Legal Reflections���������������������������������������������������������������������������������������������������������� 137 Moumita Mandal  Role of Community in the Sustainable Soil Management: A Legal Perspective���������������������������������������������������������������������������������������������������������� 173 Purvi Pokhariyal and Deepa Dubey Part IV Perspectives  Land Use Planning as a Necessity�������������������������������������������������������������������� 187 Vivek Vyas xi

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 Soil Protection Through Watershed Development: A Grassroots Perspective���������������������������������������������������������������������������������������������������������� 197 Crispino Lobo

Editor and Contributors

About the Editor Bharat  H.  Desai  is a Professor of International Law, Jawaharlal Nehru Chair in International Environmental Law and Chairperson at the Centre for International Legal Studies, School of International Studies of Jawaharlal Nehru University in New Delhi. He is Editor-in-Chief of the global journals Environmental Policy and Law (Amsterdam: IOS Press) and Yearbook of International Environmental Law (Oxford: Oxford University Press). Prof. Desai’s cutting-edge scholarly ideas call for taking International Law seriously as well as some of the proposals, such as the UN ‘specialized agency’ for the environment (UNEPO), revived and repurposed UN Trusteeship Council (UNTC) and an international environmental court (IEC), are reflected in his leading books published by the global publishing houses as well as in journals of international repute.

Contributors S. Aparna  National Law School of India University, Bengaluru, India Sairam Bhat  National Law School of India University, Bengaluru, India Bharat  H.  Desai  Professor of International Law, Jawaharlal Nehru Chair and Chairperson, Centre for International Legal Studies, School of International Studies, Jawaharlal Nehru University, New Delhi, India Pradip Dey  ICAR – Indian Institute of Soil Science, Bhopal, Madhya Pradesh, India Deepa Dubey  Institute of Law, Nirma University, Ahmedabad, India Anupam Jha  Faculty of Law, University of Delhi, Delhi, India Amrendra Kumar  Faculty of Law, University of Delhi, Delhi, India Crispino Lobo  Watershed Organization Trust (WOTR), Pune, India

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Debashis  Mandal  ICAR - Indian Institute of Soil and Water Conservation, Dehradun, India Moumita  Mandal  Postdoctoral Fellow, Jawaharlal Nehru Chair, Centre for International Legal Studies, School of International Studies, Jawaharlal Nehru University, New Delhi, India Adjunct Faculty at National Institute of Advanced Studies, Bengaluru, India Raghav Parthasarathy  National Law School of India University, Bengaluru, India Purvi  Pokhariyal  School of Law Forensic Justice & Policy Studies, National University of Forensic Sciences, Gandhinagar, India Satya Prakash  Department of Geography, Government Degree College Nurpur, Kangra, Himachal Pradesh, India V. Roopak  Centre for International Legal Studies, School of International Studies, Jawaharlal Nehru University, New Delhi, India Milap C. Sharma  Centre for the Study of Regional Development, School of Social Sciences, Jawaharlal Nehru University, New Delhi, India Chirag  Shastri  Centre for Climate Change & Clean Development Initiatives, Ahmedabad, India Santosh K. Upadhyay  Faculty of Law, University of Delhi, Delhi, India Vivek Vyas  National Consultant for UNCCD - Land Degradation Neutrality Target Setting Process, Ministry of Environment, Forests and Climate Change, New Delhi, India

Part I

Global Framework

Land-Soil Sustainability: India’s International Obligations Bharat H. Desai

Abstract  We live in an era wherein the state of soils has emerged as one of the “urgent concerns of international community”. The cost of land degradation is estimated to be about 490 billion US dollars per year and some 40% of this occurs in “areas with the highest incidence of poverty”. The UN Convention to Combat Desertification (UNCCD) is the primary global instrument to address the challenge of soil degradation. It has mooted the approach of land degradation neutrality (LDN), followed by setting up of the Bonn Challenge based on gravity of the challenge of soil degradation. Hence, the crucial questions are: Is it possible to stop the unsustainable practices that cause soil degradation and cause the green cover to disappear? In this context, several sectoral and fragmented international legal instruments have been put into place. They need to be placed under a scanner, especially to examine the legal obligations for India that has 2.4% of the total global land area sustaining 16.7% of the global population. Can we use ‘sliding scale of assessment’ to measure how India fares in giving effect to international obligations? Is the Indian domestic law and institutional framework adequate to address the challenge of sustainable soil management? Keywords  Land-soil degradation · UNCCD · Land degradation neutrality · Sustainable soil management · Bonn challenge · New Delhi declaration

1 Introduction Soil is one of the most important but underestimated and neglected components of the natural environment. It is not inexhaustible, and if proper care is not taken, it may be too late to check the current pace of its degradation. Fertile soil is just a thin

B. H. Desai (*) Centre for International Legal Studies, School of International Studies, Jawaharlal Nehru University, New Delhi, India e-mail: [email protected] © The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 B. H. Desai (ed.), Soil Law and Governance in India, International Yearbook of Soil Law and Policy, https://doi.org/10.1007/978-3-031-32360-7_1

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layer on the top of the earth’s surface. It takes almost 2000 years just to form a 10-centimeter-thick layer of topsoil. Soil does not merely feed the earth’s population but it also filters surface water to convert it into potable groundwater. Soil is the biggest carbon sequester, even bigger than all the forests of the world put together. It is a rich source of biodiversity. Much of the unsustainable development is based upon squandering of our ­biological capital—soil, forests, animals, plant species, water and air. Soil holds a key to existence of all life forms. It is seen that nations with “severe deforestation, erosion, over cultivation, and overgrazing are more prone to natural disasters”.1 It underscores that an excessive and inappropriate land use leads to nutrient depletion, erosion and other forms of degradation. Ironically, desertification of which human being is an agent as well as a victim is largely caused by the misuse of the environment that emanates from “felling of trees, overgrazing and other non-sustainable agricultural practices”.2 The prognosis of this malady graphically shows that in the “slow process of growing desertification, political, economic and social factors are more important than low rainfall”.3 It is humbling to know that soil is a thin crust of Earth’s surface that “supports all terrestrial life as well as regulates and provides essential ecosystem services”.4 The state of soil is critical for survival of humans (and other life forms) since almost 95% of our food comes from it. With 33% of global soils degraded, affecting the livelihoods of more than 1 billion people in over 100 countries, it has emerged as one of the serious global environmental challenges. Its impact aggravates the global cycle of hunger and poverty since “some 40% of this occurs in “areas in with highest incidence of poverty”.5 The Global Mechanism of the UN Convention to Combat Desertification (UNCCD) has estimated the “economic costs of ­desertification and land degradation at USD 490 billion per year”. If this process of land degradation can be reversed through sustainable land management, it can “generate up to USD 1.4 trillion of economic benefits”.6 The UNCCD has come up with

 Desai (1986), p. 27; available at: (PDF) Destroying the Global Environment Inter.PerspectNov. Dec1986 (researchgate.net) (accessed on 12 December 2022). 2  Desai (1990), p. 1069; available at: Managing ecological upheavals: A third world perspective ScienceDirect (accessed on 12 December 2022). 3  Desai (1992), p. 592; available at: Threats to the world eco-system: A role for the social scientists - ScienceDirect (accessed on 12 December 2022). 4  FAO & UNEP (2021). Global Assessment of Soil Pollution: Report; available at: Global assessment of soil pollution: Report (fao.org) (accessed on 12 December 2022). 5  UNCCD (2014). Land Degradation Neutrality: Resilience at Local, National and Regional Levels, p. 4; available at: 201309-UNCCD-BRO_WEB.pdf (accessed on 12 December 2022). 6  UNCCD (2019), Creating an Enabling Environment for Land Degradation Neutrality and its potential contribution to enhancing well-being, livelihoods and the environment: A Report of the Science-Policy Interface; available at: 1210_UNCCD_SPI_2019_Report_1.2.pdf. UNCCD (2016). Land Degradation Neutrality; available at: Land Degradation Neutrality | UNCCD. Also see, Nkonya et  al. (2015), pp.  117–165; available at: Global Cost of Land Degradation | SpringerLink (accessed on 12 December 2022). 1

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the innovative formulation of land degradation neutrality (LDN) that balances the requirements of environment protection with the quest for development: By way of reducing degradation processes and scaling up restoration activities at community and/or landscape levels, the objective is to maintain and improve the quantity and ­quality of productive land to enhance the flow of ecosystem services for current and future generations…The transition to a land-degradation neutral world would stop this vicious cycle by coming to terms with nature through a paradigm shift from ‘degrade-abandon-­ migrate’ to ‘protect-sustain-restore’.7

The adoption of LDN target has put UNCCD on par with Biodiversity and Climate Change conventions as they have their own targets. It could give a new lease of life to UNCCD, its implementation has been tardy8 and there has been no scientifically verifiable assessment how much amount of land degradation/desertification/drought has been reversed in the drylands after the Convention came into force in 1996. Soils ensure the food security of the world. Its proper use and care are essential for the sustainable existence of human beings on the earth. It is one of the core components of many environmental activities. In fact its protection and sustainable use is a key to environmental conservation as well as important to fulfil the 2030 Sustainable Development Goals (SDGs): a buzzword of current international aspirations of development.9

2 Soil Degradation Challenge The world is now facing the acute problem of soil degradation and its loss due to the unprecedented rise of industrialization and unmindful exploitation of natural resources during the last one and half centuries. The worsening soil conditions reached an alarming stage where any evasive approach would cause irreparable damage and compromise the chances of future generations to exercise their rights of natural sustenance. The rising population and shrinking spaces for agriculture and forests put more pressure on lands to produce sufficient yields. This demand would be hardly met without taking appropriate corrective measures in soil use patterns. The excessive use of pesticides, untreated left-over of industrial residues, unmindful expansion of cities, soil erosion due to natural and anthropocentric linkages are some of the exacerbating factors that cause soil pollution and its degradation. Any attempt to achieve soil sustainability must address these concerns appropriately.10 As a corollary, the challenge lies in “retaining the capacity of soil to  UNCCD (2013), p. 7; available at: 225_Stronger_UNCCD_LDNWorld_web.pdf (accessed on 12 December 2022). 8  Bassett and Talafre (2003), pp. 133–139. 9  UN (2015). The agenda was adopted by the UN General Assembly resolution 70/1 on 25 September 2015. There are 17 SDGs to be achieved by 2030; available at: 21252030 Agenda for Sustainable Development web.pdf (un.org) (accessed on 12 December 2022). 10  Ibid. 7

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function with natural or managed ecosystem, sustain plant and animal productivity, maintain air and water quality and support human health and habitation”.11 Many measures have been adopted at international and national spheres to check the problems of soil degradation. The global initiatives for soil protection, like other environmental problems, need specific approaches to negotiation that must address the diversified concerns of states like, collaborative data sharing and capacity building, scientific and financial empowerment of national governments for undertaking voluntary actions, soft law, and framework convention approache to uncertain and evolving crisis, etc. Most of the international instruments that directly or indirectly address soil conservation adopt these measures. However, this chapter, for its limited purpose, primarily focuse on the 1992 United Nations Framework Convention on Climate Change (UNFCCC),12 the 1992 Convention on Biological Diversity (CBD),13 and the 1994 UNCCD.14 These three conventions are inextricably connected because efforts to mitigate climate change or protect biodiversity would impinge upon soil protection. In similar ways, any policy or action plan for soil protection would add to climate change mitigation as well as biodiversity conservation. This link is also recognized by CBD’s Sharm El-Sheikh Declaration 201815 and further reiterated by UNCCD’s New Delhi Declaration 2019.16 Both these declarations emphasized the need to enhance synergies between climate change, biodiversity and land sustainability. The State parties to the abovementioned three conventions have undertaken many activities that directly or indirectly impinge upon soil conservation and protection. This chapter seeks to address some aspects of the Indian responses to give effect to its international obligations primarily under the abovementioned three conventions that impinge upon the goal of attaining land-soil sustainability. Towards this end, Sect. 3 of the chapter explores India’s Constitutional scheme that provides for transposing international (especially) treaty obligations into the national laws. Section 4 examines India’s soil-related obligations and the corresponding measures taken by it under the three global conventions: the UNFCCC,17 the CBD18 and the  Desai and Sidhu (2016), p. 38.  UN (1992a); available at: conveng.pdf (unfccc.int) (accessed on 5 September 2022). 13  UN (1992b); available at: cbd-en.pdf (accessed on 5 September 2022). 14  UN (1994); available at: UNCCD_Convention_ENG_0.pdf (accessed on 5 January 2022). 15  CBD (2018); adopted at the 14th meeting of the Conference of Parties to the Convention on Biological Diversity, 22-24 November 2018, Sharm El-Sheikh, Egypt; available at: sharmelsheikhdeclaration-egypt-en.pdf (cbd.int) (accessed on 5 September 2022). 16  UNCCD (2019); adopted at the High-level Segment of the 14th meeting of the Conference of the Parties to the United Nations Convention to Combat Desertification, 9–10 September 2019 in New Delhi; available at: The New Delhi Declaration: Investing in Land and Unlocking Opportunities | UNCCD; UN News (2019), : Delhi Declaration: Countries agree to make ‘land degradation neutrality’ by 2030, a national target for action”; 13 September 2019; Delhi Declaration: Countries agree to make ‘land degradation neutrality’ by 2030, a national target for action | | 1UN News (accessed on 23 October 2022). 17  UN (1992a), n. 12. 18  UN (1992b), n. 13. 11 12

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UNCCD.19 Section 5 discusses some other measures related to the protection of soil and lastly, Sect. 6, concludes the study.

3 Constitutional Framework and International Obligations India practices dualist approach20 regarding the application or implementation of international law in the national legal system. The provisions of the Constitution of India also provide indication to this effect. As a result, international treaties or agreements to which India is a party do not automatically become a part of the domestic law of India. It necessitates a legislation by the Parliament to give effect to India’s obligations arising from being a party to a treaty or participation and acceptance of any decision taken at an international conference. An explicit mandate has been given under Article 51 (C) of the Constitution of India to “foster respect for international law and treaty obligations in the dealings of organized peoples with one another”.21 It is expected to be given an effect through appropriate policy and legislative actions. This obligation is not enforceable in a court of law especially since they are placed under the rubric of the Directive Principles of State Policy and explicitly made non-justiciable but they remain ‘fundamental in the governance of the country.’22 Thus, India is expected to respect international law and treaty obligations while enacting laws.23 Negotiation of a treaty is an executive act in India but implementation within the domestic legal system by adopting legislation is entrusted to the Parliament. Article 253 of the Constitution of India empowers the Union Government to enact a “legislation for giving effect to international agreements, treaty, convention, and so on by the Parliament”.24

 UN (1994), n. 14.  For a detailed analysis on this, see Desai (2021a), pp.  251–250; published in August 2022; contents(R).PMD (isil-aca.org). 21  Government of India (2020), The Constitution of India; available at: COI_1.pdf (legislative.gov. in) (accessed on 26 September 2022). 22  In this respect, Article 37 provides as follows: “The provisions contained in this Part (IV) shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws”; Ibid, n. 15. 23  Alexander (1952), p.  291; available at: http://www.jstor.org/stable/755410C (accessed on 19 September 2022). 24  Article 253 of the Constitution of India provides: “Legislation for giving effect to international agreements.—Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body”; Government of India (2020), n.15; available at: COI_1.pdf (legislative.gov.in) (accessed on 26 September 2022). 19 20

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It is the Parliament that has sole authority to enact laws under Article 24625 on the subjects enumerated in the List I (Union List) as specified in the Seventh Schedule. Entry 14 of the Union List enlists the scope as regards “Entering into treaties and agreements with foreign countries and implementing of treaties, agreements, and conventions with foreign countries.”26 Apart from the above provisions, Article 73 of the Constitution of India defines the scope of executive power of the Central Government or Union of India thus: “the executive power of the Union shall extend (a) to the matters with respect to which Parliament has the power to make laws; and (b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement.”27 The above-mentioned Constitutional provisions have directly pertained to giving effect to India’s international obligations, especially emnatating from treaties. Articles 253 and 73 show that treaty-making is the executive power of the Union of India, and Articles 246 (Entry 14 of the Union List, Seventh Schedule) and Article 51(c) show that the act of giving effect to the treaty provisions comes within the realm of the Parliament.28

 Article 246 of the Constitution of India provides: “Subject-matter of laws made by Parliament and by the Legislatures of States— (1) Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the— “Union List”). (2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State [***] also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the ― “Concurrent List”). (3) Subject to clauses (1) and (2), the Legislature of any State [***] has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the ― “State List”). (4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included [in a State] notwithstanding that such matter is a matter enumerated in the State List”; Government of India (2020), n.15. 26  Government of India (2020), n. 15; Article 246; List I (Union List), Seventh Schedule of the Constitution of India. 27  Article 73 of the Constitution of India expresses, “Extent of executive power of the Union.—(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend— (a) to the matters with respect to which Parliament has power to make laws; and (b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement: Provided that the executive power referred to in sub-clause (a) shall not, save as expressly provided inthis Constitution or in any law made by Parliament, extend in any State *** to matters with respect to which the Legislature of the State has also power to make laws. (2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution”; Government of India (2020), n. 21. 28  Alexander (1952), n. 23. 25

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The Indian judiciary has evolved a significant jurisprudence for protecting the rights of the citizens and rendering justice including remedial justice. It has pronounced many path-breaking judgments. In a landmark case widely known as the Vishakha case (Vishakha v State of Rajasthan), the Supreme Court of India (SCI), examined a treaty ratified by India but not given effect through a domestic legislation. Thus, in adjudicating upon the applicability of the 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the SCI observed that: In the absence of domestic law occupying the field…the contents of international conventions and norms are significant for the purpose of interpretation…of the Constitution…Any international convention not inconsistent with the fundamental rights and in harmony with its spirit must be read into these provisions to enlarge the meaning and contents thereof, to promote the object of the constitutional guarantee.29

In view of this, a treaty such as CEDAW to which India is a party, could be invoked for the purposes of construing the nature and ambit of the constitutional guarantees. In the absence of any domestic legislation in a specific area, the international conventions and norms could be read into the Constitutional provisions guaranteeing the fundamental rights provided it is not inconsistent with any of the domestic legislations. The Indian Supreme Court in Vellore Citizens’ Welfare Forum v. Union of India, while commenting upon international customary law, observed that: [O]nce these principles are accepted as part of Customary International Law there would be no difficulty in accepting them as part of domestic law. It is almost an accepted proposition of law that the rules of Customary International Law which are not contrary to the municipal law shall be deemed to have been incorporated in the domestic law and shall be followed by the courts of law.30

Thus, India’s international obligations, whether incurred under customary international law or treaty law, are relied upon by domestic courts while adjudicating upon any matter if there is no domestic law on the point and such reliance on international law is not incongruous with the domestic legal system. India’s international obligations are to be read into the domestic legal system in order to provide meaningful protection to the Constitutional guarantees. As a corollary, the Constitutional provisions or any other law could be interpreted using the insights of India’s international obligations. In the recent decades, this has been especially seen in the areas of protection of the environment and the human rights including rights of the children and women. Article 48A of the Indian Constitution enjoins upon the State “protect and improve the environment and to safeguard the forests and wildlife of the country”.

 Vishakha and Others v State of Rajasthan, AIR 1997 SC 3011; available at: Vishaka&Orsvs State Of Rajasthan & Ors on 13 August, 1997 (indiankanoon.org) (accessed on 5 September 2022). 30  Vellore Citizens’ Welfare Forum v. Union of India, AIR 1996 SC 2715; available at: Vellore Citizens Welfare Forum vs Union Of India &Ors on 28 August, 1996 (indiankanoon.org) (accessed on 06 September 2022). 29

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Article 47 directs the State to take all appropriate steps to raise the level of nutrition and the standard of living of its citizens. It also directs the State to improve the conditions of public health. These provisions are in Part IV of the Constitution and are not judicially enforceable, yet the Indian courts have read them in conformity with international law and expanded the contours of the right to life to read into it the right to a clean and healthy environment.31 The protection and improvement of the natural environment, including forests, lakes, rivers, and wildlife, is also a fundamental duty of every Indian citizen.32 This Constitutional thrust on environmental protection unequivocally applies to soil law and governance in India. Soil remians the core of our environment and provides food, water, biodiversity, forests and vegetation. Soil health is instrumental in improving the level of nutrition as well as the standard of living of Indian citizens. Good soil is essential for improving the conditions of health and hygiene. Thus, the State is positively obliged to take all steps for the preservation and improvement of soil health. Each citizen also has fundamental duty to protect and preserve the soil.

4 India’s Treaty Obligations: Land-Soil Sustainability This section examines three global conventions, UNFCCC, CBD and UNCCC, that contain relevant provisions and programs pertaining to soil sustainability.

4.1 Obligations Under UNFCCC and Soil Sustainability The UNFCCC is a ‘framework convention’ and a multilateral environmental agreements (MEA)33 that requires the parties to address the challenge of climate change. It represents an important facet of sectoral regulatory approach in international environmental law-making process34 wherein the parties agree to meet regularly to craft tools, techniques and strategies based on consensual understanding. The basic purpose of the UNFCCC is “stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system”.35 The UNFCCC is premised upon the principle of

 Rural Litigation and Entitlement Kendra v State of UP AIR 1985 SC 652; available at: Rural Litigation And Entitlement … vs State Of U.P. &Ors on 12 March, 1985 (indiankanoon.org); (accessed on 06 September 2022). 32  Government of India (2020), n. 15, Article 51(A)(g). 33  For a detailed study on MEAs, see generally, Desai (2010, 2013). 34  Desai (2021b); available at: Our Earth Matters | IOS Press (accessed on 19 September 2022). 35  UN (1992a), n. 12, Article 2. 31

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common but differentiated responsibilities and respective capabilities (CBDR&RC) of the parties to mitigate their greenhouse gas (GHG) emissions. Under the aegis of UNFCCC, the parties adopted the 1997 Kyoto Protocol and the 2015 Paris Agreement. The Kyoto Protocol was designed to set compulsory targets of emission cuts by Annex I developed countries. However, it has now become infructuous as most parties were seen to have not complied with their commitments. In contrast to the Kyoto Protocol, the Paris Agreement ordains the states to evolve their own Nationally Determined Contributions (NDCs) and regularly report their compliance. These NDCs are to be scaled up, progressively. India is a non-Annex I party to the UNFCCC as well as36 ratified Kyoto Protocol and Paris Agreement respectively in 2002 and 2016.37 India adopted its National Action Plan on Climate Change (NAPCC) in 2008 to streamline adaptation and mitigation responsibilities.38 The NAPCC has eight national missions on diversified issues to address climate change:39 National Solar Mission, National Mission for Enhanced Energy Efficiency, National Mission on Sustainable Habitat, National Water Mission, National Mission for Sustaining the Himalayan Eco-System, National Mission for a Green India, National Mission for Sustainable Agriculture, and National Mission on Strategic Knowledge for Climate Change.40 The soil conservation is not directly in focus under the NAPCC as an independent concern though it finds a place as an addendum in some mission targets. So, degradation of soil is inextricably connected with the missions. For example, a mission on the Himalayan ecosystem41 tangentially touches the land erosion issue in the Himalayas. The aim of soil conservation finds its place as one component of the mission on sustainable agriculture though the main thrust of the mission is on developing new crops that can withstand the climatic fluctuations. The national mission for Green India underlines the importance of forests in maintaining ecological balance and biodiversity and thus can be construed as providing an indirect protection for the soil. The Indian States and Union Territories (UTs) have also developed their action plans in line with NAPCC. In 2015 India formulated its first Nationally Determined Contributions (NDCs).42 NDCs proposed reduction and adaptation strategies on GHG emissions. However,

 UNFCCC, “India”; available at: https://unfccc.int/node/61082 (accessed on 6 September April 2021). 37  Ibid. 38   Government of India (2008); available at: http://moef.gov.in/wp-content/uploads/2018/04/ NAP_E.pdf (accessed on 6 September 2022). 39  Desai (2013), pp. 238–252. 40  Government of India (2008), n. 31. 41  For details, see the four-partner university (JNU, Jammu, Kashmir and Sikkim) Inter-University Consortium on Cryosphere & Climate Change, coordinated by this author (2012–2020) and funded by the Department of Science & Technology, Government of India; available at; www. iucccc.in/Contact us.htm (accessed on 19 September 2022). 42  MoEF&CC (2017), pp.  9–19; available at: INDIA-INDC-TO-UNFCCC.pdf (moef.gov.in) (accessed on 06 September 2022). 36

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the role of healthy soils in carbon sequestration does not seem to have got high priority in formulating these strategies. Some of these strategies tangentially touch the issues of soil protection. As spelled out in India’s second update report of 2018, the mitigation and reduction strategies under NDCs include: clean and efficient energy system, enhancing energy efficiency in industries, developing climate resilience urban centres, promoting waste to wealth conversion, sustainable green transportation network, planned afforestation, and abatement of pollution, contribution from citizens and private sectors.43 Though in both NAPCC and NDCs, soil protection and conservation find mention only scantily, yet all the components directly or indirectly could also strengthen the goal of soil conservation. Without factoring in land degradation neutrality (LDN), these well-intentioned policy instruments would not be able to attain the intended objectives. The first report (NDCs 2015) accepted the deteriorating soil health as a concern and that sustainable agriculture was still a dream in India.44 It also emphasized the development of models of soil carbon dynamics in different land-use systems.45 The second report (NDCs 2018) also mentioned the concerns of soil health and its conservation in more specific ways than raised in the first report.46 It is still a halfhearted way of addressing the challenge of soil degradation and its direct relevance in climate change mitigation strategies.

4.2 Obligations Under CBD and Soil Sustainability India has 7–8% of the world’s known biological diversity over 2.4% of the world’s land area.47 In such a constrained space, it supports almost 18% of the human and 18% of the world's cattle population.48 There are Indian cultural values and traditions of protecting and conserving biodiversity. Soil provides an essential support base for conserving biodiversity on land. It is a prominent component that ensures conservation and protection of the biodiversity of a particular region. Many links among natural processes that define the biodiversity are not possible without soil. In addition to providing essential services to biodiversity, the soil is itself a source of rich biodiversity. A handful of fertile soil contains thousands of micro-organisms having varying qualities and utilities. Efforts to conserve biodiversity require factoring in proper concerns of soil conservation and soil sustainability therein.  Ibid.  MoEF&CC (2015), p.  106; available at indbur1.pdf (moef.gov.in) (accessed on 06 September 2022). 45  Ibid, p. 108. 46  MoEF&CC (2018); available at: INDIA SECOND BUR High Res.pdf (unfccc.int) (accessed on 06 September 2022). 47  MoEF&CC (2014), p. 3; available at: NBAP_Addendum_2014.pdf (wii.gov.in) (accessed on 6 September 2022). 48  Ibid. 43 44

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India is a party to the Convention on Biological Diversity 1992 (CBD). This convention provides for the conservation of biological diversity, its sustainable use, and fair and equitable benefit sharing.49 The unequivocal recognition of sovereign rights of states over their biological resources is an important aspect of CBD. 50 The CBD mandates each party to evolve strategies and action plans that could streamline relevant and cross-sectoral approaches for the protection and conservation of biodiversity.51 These strategies and action plans are the principal instruments for the implementation of the Convention at the national level. India adopted a strategy for biodiversity conservation at the macro-level in 1999.52 In order to fulfil the obligations under CBD, the Indian Parliament enacted the Biological Diversity Act 2002. The Preamble explicitly invokes the mandate to give effect to an international obligation since “India is a party to the United Nations Convention on Biological Diversity signed at Rio de Janeiro on the 5th day of June, 1992”.53 It needs to be noted here that use of prefix “United Nations” in preamble to the CBD is incorrect and legally untenable. This author provided evidence in-person at the 15 March 2022 oral hearing to the Joint Parliamentary Commitee for the deletion of these two words from the Biological Diversity Act 2002 as well as the Biodiversity (Amendment) Bill, 2021. The 2002 Act provides the essential domestic legislative framework to give effect the obligations arising out of the CBD. Under this Act, the National Biodiversity Authority (NBA) has been established at Chennai. NBA performs advisory and regulatory functions over the biodiversity resources of the country. It advises Central and State governments over the matters of biodiversity. It issues guidelines to regulate the access and research activities over biodiversity. NBA has extensive power of regulation through delegated or subsidiary legislation. NBA uses the techniques of delegated legislation to keep updating its regulatory reach in compliance with developments at the international plane. It has framed the 2004 ‘Guidelines on Access to Biological Resources and Knowledge and Benefits Sharing’ in compliance with the requirements of the Nagoya Protocol.54 The Indian Government has revised and updated its 1999 strategy in the 2008 National Biodiversity Action Plan (NBAP).55 The NBAP has adopted eleven objectives. These objectives were desgined to stregthen in-situ and ex-situ conservation, augmentation of natural resources and its sustainable use, regulation and management of invasive alien species, adaptation to climate change and desertification,  UN (1992), n.13, Article 1.  Ibid, Article 3. 51  Ibid, Article 6. 52  MoEF (2008). National Biodiversity Action Plan, approved by the Government on 6 November 2008, p. 2; available at: Coverpage, 27.11.08.doc (indiaenvironmentportal.org.in) (accessed on 6 September 2022). 53  National Biodiversity Authority (2004), p.  1; available at: Act & Rules.p65 (nbaindia.org) (accessed on 7 September 2022). 54  Ministry of Law & Justice (2002); available at: The Biological Diversity Act, 2002|Legislative Department | Ministry of Law and Justice | GoI (accessed on 7 September 2022). 55  MoEF (2008), n. 45. 49 50

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integration of biodiversity concerns into social and economic developments, development of biodiversity database, strengthening policy implementation, capacity building, study of pollution impacts, international cooperation and valuation of ­biodiversity goods and services and integrating them into economic planning.56 The 2008 NBAP was further updated in 2014 to give effect to the Aichi Biodiversity Targets.57 The 20 targets were adopted during the 10th COP (18 to 29 October 2010) of CBD (Nagoya, Aichi Prefecture, Japan). This 2014 addendum, containing 175 action points, elaborates as to how the 11objectives of 2008 NBAP need to be fulfilled.58 Some of these action points directly or indirectly touch upon the issue of soil protection and conservation. The said addendum also elaborates upon 12 National Biodiversity Targets, aligned with Aichi Biodiversity Targets (2010). These were expected to be realized by 2020.59 Some of these Targets especially 5, 7, 8, 13, 18 and 19 are directly related to soil conservation and protection. They put emphasis on maintaining essential nutrient balance in the soil, afforestation drives at hill slopes and on banks of rivers to protect against soil erosion, maintaining tree and forest cover to stop desertification, abating the causes of soil pollution etc. Thus, India’s actions to protect its biodiversity, including in giving effect to the Aichi Targets (2010) must comprise protection of soil.

4.3 Obligations Under UNCCD and Soil Sustainability The UNCCD was adopted in June 1994 and came into force on 26 December 1996.60 This Convention explicitly addresses “land degradation in arid, semi-arid and dry sub-humid areas resulting from various factors, including climatic variations and human activities”.61 The Convention has used this process of land degradation to define what is popularly known as desertification. As a corollary, the Convention aims at integrated development through (i) prevention and/or reduction of land degradation; (ii) rehabilitation of partly degraded land; and (iii) reclamation of the desertified land.62 The Convention defines land degradation broadly to include any “reduction or loss of the biological or economic productivity and complexity of croplands, pasture, forests etc., due to land uses or other processes arising from human activities  Ibid, pp. 35–40.   Convention on Biological Diversity (2020); available at: Aichi-Targets-EN.pdf (cbd.int) (accessed on 6 September 2022). 58  MoEFCC (2014), pp. 4–17, n.40. 59  Convention on Biological Diversity (2020), n. 55; Targets 5, 7, 8, 13, 18 and 19. 60  UNCCD, About the Convention; available at: About the Convention | UNCCD (accessed on 7 September 2022). 61  UN (1994), n. 14, Article 1(a). 62  Ibid, Article 1 (b). 56 57

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and habitation pattern.”63 Such land degradation can constitute elements that could include: (i) soil erosion caused by wind and/or water; (ii) deterioration of the physical, chemical and biological or economic properties of soil; and (iii) long-term loss of natural vegetation.64 The UNCCD consists of 40 articles spread over six parts and five annexes dealing with different geographical regions (Africa, Asia, Latin America & Caribbean, North Mediterranean, Central and Eastern Europe). The Convention does not permit any reservation (Article 37). However, a Party may withdraw from membership and such a withdrawal would be effective after one year from the receipt of the notice (Article 38).65 The Secretary-General of the United Nations provides secretariat support and appoints executive secretary of the UNCCD. Hence, the nomenclature has a prefix ‘UN’. The Conference of the Parties (COP) is the supreme body and competent to take decisions for the implementation of the Convention. The mandate of COP includes regular review of the Convention, facilitation of exchange of information on the measures adopted by the Parties, the establishment of subsidiary bodies essential for the implementation of the Convention, reviewing of reports and essential financial arrangements and cooperation with other conventions to avoid duplication of efforts, and making amendments to the Convention.66 The other important bodies under Convention are the permanent secretariat and the Committee on Science and Technology (CST).67 The CST is a subsidiary body to the COP. It is mandated to provide information on scientific and technological matters relevant for combating desertification and mitigating the effects of drought. The effective implementation of the UNCCD is based on the voluntary national action plans and their scrupulous compliance by the States Parties. The Convention lays down some broad general principles on effective cooperation and participatory approaches to be incorporated by the parties to address the challenge of desertification. The Parties are encouraged to use international financial mechanisms for the implementation of their national programs.68 India became a party to the UNCCD with ratification on 17 December 1996. It adopted the National Action Programme to Combat Desertification in 2001.69 This programme document is very extensive and provides a basic framework to address desertification. It identifies the causes and impacts of desertification in India as well as highlights the legal framework, related policies and plans essential to reverse the process of desertification. It rightly identifies the factors causing desertification such as unsustainable agriculture practices and water management, land-use changes, deforestation, industrial and mining activities, demographic pressures and

 Ibid, Article 1 (f).  Ibid. 65  Ibid, Article 37 and 38. 66  Ibid, Article 22. 67  Ibid, Article 23 and 24. 68  Ibid, Article 3. 69  UNCCD (2001); available at: Forward (unccd.int) (accessed on 7 September 2022). 63 64

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droughts. 70 These factors, cumulatively, contribute to the soil erosion. Soil erosion through water or wind or due to its alkalinity or salinity is identified as an immediate physical process that leads to desertification.71 Any mechanisms to guard against desertification must sufficiently address these factors that are responsible for soil erosion. The Indian NAP (2001) on desertification advocates an inclusive strategy that focuses on scientific as well as political and humanistic approaches to tackle the problem of desertification. The primary thrust appears to be on the participatory management based on scientific principles with capacity-building exercises of the stakeholders that could help in soil protection as well as poverty eradication. The NAP (2001) proposed many steps for addressing the challenge of land degradation. These include land-use planning, management of natural resources, community-based participatory and society-based capacity development programs, information dissemination and food-fuel-fodder sustainability.72 In the same vein, a series of National Reports submitted by India, between the first report in 2000 to the seventh report in 2018,73 provide an outline of the process underway to give effect to India’s international obligations under the UNCCD. The COP-13 of the UNCCD adopted a Future Strategic Framework (FSF) for 2018–2030.74 It sought to address more systematic and efficient implementation of the Convention keeping in view the complementary developments in other fields of international environmental law. The FSF has laid down five strategic objectives to be achieved by the member states through national action plans by 2030. The FSF is expected to contribute in the amelioration of affected eco- systems and promotion of sustainable land management towards land degradation neutrality. It includes seminal measures such as: (i) Improvement of living conditions of the affected populations; (ii) Mitigation of effects of drought on populations and eco systems; (iii) Achieve global environmental benefits through effective implementation of the UNCCD and (iv) Mobilize the financial and other resources by effective partnership at national and global levels.75 This strategy would contribute towards the effective realization of the UNCCD as well as Sustainable Development Goals (SDGs). The UNCCD COP-14 was held in India during September 2019. In his inaugural address, the Prime Minister of India promised to restore 26 million hectares of degraded land by 2030.76 This restoration drive would focus on land productivity  Ibid, pp. 49–51.  Ibid. 72  Ibid. 73  MoEF (2018); available at: National Reports Submitted to UNCCD | The Official Website of Ministry of Environment, Forest and Climate Change, Government of India (moef.gov.in) (accessed on 7 September 2022). 74  UNCCD (2017). Future Strategic Programme of the Convention, adopted on 14 September 2017; available at: copL-18.pdf (unccd.int) (accessed on 7 September 2022). 75  Ibid, Strategic Objectives, para 5. 76  Press Information Bureau (2019a); available at: India Will Restore 26 Million Hectares of Degraded Land by 2030: Prime Minister Shri Narendra Modi (pib.gov.in) (accessed on 8 September 2022). 70 71

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and ecosystem services by applying a landscape restoration approach.77 In the fight against desertification, India’s stakes are high since almost 30% of its total geographic area is under desertification.78 As such, India needs to seriously engage in the aspirations under the UNCCD. Many schemes and plans have been launched to achieve land degradation neutrality (LDN). Some of these are Pradhan Mantri Fasal Bima Yojana (PMFBY), Soil Health Card Scheme, Soil Health Management Scheme, Pradhan Mantri Krishi Sinchayee Yojna (PKSY), Per Drop More Crop etc.79

4.4 New Delhi Declaration The COP-14 adopted the New Delhi Declaration with a key message of “investing in land and unlocking opportunities.”80 The assembled countries agreed to achieve LDN by 2030 through voluntary action plans. The Declaration recognized the linkages between achieving LDN and fulfilling the SDGs 2030. It emphasizes the need to find synergies in addressing environmental degradation, biodiversity loss and climate change. Some of the key elements include the following: (i) the development of community driven gender responsive policies and programmes at national, regional and local levels for achieving ambition of land degradation neutrality. (ii) the transition and the increased energy access in the rural areas for combating desertification and achieving land degradation neutrality. (iii) a proactive approach for the reduction of risks and impacts of desertification through well prepared drought mitigation plans. (iv) the achievement of land degradation neutrality, create green jobs and establish sustainable value chains for products sourced from the land. (v) taking into consideration land-based solutions for climate action and biodiversity conservation and the mutually supportive implementation of the three Rio conventions; (vi) adopting an integrated, best-practice approach to land restoration based on scientific evidence and traditional knowledge; (vii) adopt integrated land use management and enhanced land governance to rehabilitate the natural resource base that makes cities sustainable.

 Ibid.  Press Information Bureau (2019b); available at: 17-06-2019-Press-Release.pdf (moef.gov.in) (accessed on 8 September 2022). 79  Ibid. 80  UNCCD (2019). The New Delhi Declaration, n. 16. 77 78

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(viii) the adoption of local integrated land use management based on the natural resources that helps cities to remain sustainable by reducing the rates of land consumption and biodiversity and environmental loss.81 Thus, the New Delhi Declaration has set ambitious goals on a wide spectrum of issues. It requires an inter-governmental resolve, adequate financial resources and due monitoring of the implementation process. The Declaration has flagged (para 8) the “Peace Forest Initiative and its potential contribution to increasing cooperation on land degradation neutrality”. It is important that the COP-14 has formally recognized and gave shape to the Peace Forest Initiative (PFI) as an evolving initiative for implementation of the Convention.82 This initiative takes help from the field experiences of using sustainable and participatory land management practices that contribute to establishing peace. It promotes peace and confidence-building through rehabilitation and restoration of degraded lands in post-conflict zones.83 It is a global programme that is to be executed through a partnership framework among stakeholders. It aims to achieve LDN by restoring degraded land and increasing as well as maintaining the forest cover.

5 Other Initiatives for Soil Sustainability 5.1 The Bonn Challenge and India In 2010, a study undertaken by IUCN and World Resources Institute produced World of Opportunity Map84 It showed that there was more than two billion hectares of degraded land. It offered huge opportunities for restoration. As a sequel, Bonn 2020 targets were launched. These came to be designated as the Bonn Challenge and initially emerged as a global effort for restoration (by 2020) of 150 million hectares of degraded and deforested land. In 2014, this target was enhanced to cover 350 million hectares of degraded land by 2030.85 IUCN was designated as the secretariat for the Bonn Challenge. The Bonn Challenge also serves as an implementation vehicle for fulfilling other international commitments like the Aichi Biodiversity Targets and the Paris Agreement etc. India has committed for pursuing the LDN target and for the

 Ibid, paragraphs 1–6 and 10.  UNCCD (2019). The Peace Forest Initiative; UN Doc. ICCD/COP(14)/MISC.1, 10 September 2019; Conference of the Parties, Fourteenth Session, New Delhi, 2-13 September 2019; available at: ICCD_COP(14)_MISC.1-1915411E_0.pdf (unccd.int) (accessed on 8 September 2022). 83  Ibid, para 20. 84  Laestadius et  al. (2015); available at: A World of Opportunity Map 2015.pdf (accessed on 8 September 2022). 85  IUCN (2017), p.  5; available at: bonn_challenge_and_india_prepublication.pdf (iucn.org) (accessed on 8 September 2022). 81 82

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restoration of 21 million hectares of degraded and deforested landscapes under the Bonn Challenge. It would require concerted policy and legal measures to offset any ongoing or anticipated land degradation (losses) resulting from current and future developmental activities with interventions to reverse land degradation occurring elsewhere (gains). Now, by 2030, India would strive to halt any further land degradation and rehabilitate, out of the total 96.4 million hectares of the degraded land, at least 30 million hectares of degraded wasteland, forest and agricultural land (covering 10 million hectares each). In this process, primary emphasis could be on halting degradation in agricultural, forest and making wasteland productive (constituting almost 66% of the total target). The National Afforestation and Eco-Development Board (NAEB) of the MoEFCC has been designated as the focal agency for the implementation of the Bonn Challenge.86 The afforestation and reforestation efforts under Bonn Challenge are being implemented by NAEB through its flagship programme National Afforestation Programme (NAP) with the active participation of private companies, non-governmental organizations (NGOs) and local communities.87 The National Mission on Green India under India’s NAPCC also contributes in reforestation and afforestation programs. The Compensatory Afforestation Management and Planning Authority (CAMPA) has been marshalled to facilitate the restoration exercises by providing financial assistance. CAMPA is established both at the central and state levels. Under the Forest (Conservation) Act 1980, each diverted forest land for non-forest purposes is to be compensated for its lost economic values and such funds need to be used for conservation and restoration exercises.88 CAMPA has been established to utilize these funds in a transparent and scientific manner.

5.2 National Innovations on Carbon Resilient Agriculture The Government of India has adopted a mega scheme in 2011 that is known as the National Innovations on Carbon Resilient Agriculture (NICRA).89 It is an entity of the Indian Council for Agriculture Research (ICAR), a nodal agency of the Ministry of Agriculture and Farmers Welfare. The programme is based on four modules: natural resource management, improving soil health, improving crop production and livestock, making farmers self-reliant.90 Under its adaptation

 Ibid, p. 11.  Ibid. 88  Ministry of Law and Justice (2016). The Compensatory Afforestation Fund Act, 2016; available at: The Compensatory Afforestation Fund Act, 2016|Legislative Department | Ministry of Law and Justice | GoI (accessed on 8 September 2022). 89  NICRA (2011); available at: Welcome To NICRA (nicra-icar.in) (accessed on 8 September 2022). 90  MoEFCC (2015), p. 20; available at: indbur1.pdf (moef.gov.in) (accessed on 8 September 2022). 86 87

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strategies, the Government of India has launched a scheme to provide soil cards91 to every farmer and to establish around 100 mobile soil testing laboratories in the country. The aim has been to suggest the specific crops and crops patterns to the farmers that may enhance the carbon sequestration and also be resilient even to extreme climatic conditions. A detailed guideline92 have been issued on 22 January 2018 as well as technical specifications laid down for the testing instrument for soil sample analysis. The scheme is futuristic that would bring about tangible benefits in improving soil fertility and arrest any degradation that would affect the land productivity.

5.3 National Agro-Forestry Policy India became the first country to adopt a comprehensive agroforestry plan when the President of India launched the National Agroforestry Policy (NAP) at the World Agroforestry Congress (February 2014). The National Agroforestry Policy 2014 aims to undertake the exercises of planned tree plantation in an integrated manner with other schemes to improve productivity, plantation in an integrated manner with crops and livestock to improve productivity, employment, income and livelihoods of rural households, to protect and stabilize ecosystems, and promote resilient cropping and farming systems to minimize risks during extreme climatic events.93 The policy also envisages meeting the raw material requirements of wood-based industries, augmenting the availability of agroforestry products (AFPs) such as fuelwood, fodder, non-timber forest produce and small timber for the rural and tribal populations, and reducing the pressure on forests. The focus on agro-forestry holds significance since almost 80% of India’s farmers are rain-fed smallholders94 with two hectares or less land and are vulnerable to the impacts of climate change. Thus, agroforestry can increase the resilience of smallholder farmers and productivity of their farms. These initiatives, cumulatively, constitute a concerted policy, legal and institutional responses to meet the challenge of soil productivity and reverse the process of soil degradation. It would contribute in enhancing soil fertility and productivity, enhance farmers income and reduce poverty in the rural areas. In fact, the

 Ministry of Agriculture and Farmers Welfare (2014); available at: Soil Health Card (dac.gov.in) (accessed on 8 September 2022). 92  Ministry of Agriculture and Farmers Welfare (2018); Guidelines_Outsourcing_Analysis.pdf (dac.gov.in); Instrument Specification_WB.pdf (dac.gov.in) (accessed on 8 September 2022). 93  Ministry of Agriculture (2014); available at: National_agroforestry_policy_2014.pdf (agricoop. gov.in) (accessed on 8 September 2022). 94  CCAFS (2014); available at: India’s new National Agroforestry Policy (cgiar.org) (accessed on 17 October 2022). 91

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Union of India has already aimed high by projecting to double the income95 of farmers by the year 2022. It has led to a series of policy measutes such as income support, insurance schemes, soil health cards as well as 4.5 times hike (over 2013–14) in the total budgetary allocation (2023–24) of Rs. 1,31,612.41 crore for the relevant Union Ministries of Agriculture and Ministry of Fisheries, Animal Husbandry & Dairying. Cumulatively, these measures would help in increasing soil productivity.

6 A Way Forward In view of daunting challenge that lies ahead, the institutionalized international cooperation under the umbrella of UNCCD (along with UNFCCC and CBD as well as other relevant international instruments to which India is a party) needs more flesh and concrete actions in terms of scientific study, concerted international legal mechanism and policy responses at domestic level to make it work on the ground. In the quest for land degradation neutrality, the inter-governmental efforts need not be squandered in debates on ambiguities of jargon. It calls for effectiveness of the tools, techniques and action plans through policy, legal instruments and institutional structures at the national level to address the global problematique of soil degradation. The protection and conservation of soil constitutes a basic component of larger environmental challenge. Soil plays an important role in maintaining food chains on the earth and as the biggest carbon sequester it helps in the climate change mitigation efforts. It is a rich source of biodiversity. Soil is essential for maintaining essential environmental services and is instrumental in the realization of the SDGs 2030. As already indicated earlier, India follows a dualist approach96 for the implementation of international legal obligations into the domestic legal system. In fact, the Indian judiciary has already taken a view that India’s international obligations can be read into the domestic legal system for the meaningful protection of the constitutional rights. This has resulted in the expansion of contours of the fundamental rights to include a broader range of rights and obligations under it. The Supreme Court of India has recognized the right to a clean environment as one of the manifestations of the Right to Life guaranteed under Article 21 (Part III). Moreover, Part IV (Directive Principles of State Policy) of the Constitution also provides for the protection of the environment in non-binding terms. This nonbinding character of these principles is due to the very nature of the obligation that needs progressive realization depending upon the resources available to the State.

 Ministry of Agriculture & Farmers Welfare (2020); available at: https://www.pib.gov.in/ PressReleasePage.aspx?PRID=1656148 (accessed on 12 December 2022). 96  Desai, n.20. 95

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The protection and improvement of the natural environment is also a fundamental duty of each citizen. As discussed above, India is a party to the three important conventions that directly and indirectly touch upon the issue of soil protection: UNFCCC 1992, CBD 1992 and UNCCD 1994. These three conventions are inextricably connected to one another. Any positive steps taken under one convention would also add to the attainment of objectives of the others two. There is a need for synergy among national efforts undertaken towards the fulfilment of obligations under these Rio conventions (crystallized before and after the 1992 Rio Earth Summit). This requirement of synergy in efforts for transposition of international legal obligations into the domestic legal system was also underscored by the 2019 New Delhi Declaration.

7 Conclusion From time to time, India has adopted at the domestic level relevant policies, guidelines, programs of work, action plans, legislations and institutional mechanisms for giving effect to international obligations (legal and non-legal). Though soil finds its place partially in many of these instruments, yet the enshrined objectives cannot be realized without achieving soil sustainability per se. Hence, soil sustainability is an essential edifice without which the cherished goal of a sustainable environment and SDG 2030 will not be realized. India’s efforts towards soil sustainability include afforestation drives and watershed management that guard against soil erosion as well as sustainable agriculture that calls for keeping soil nutrients intact, pollution mitigation etc. However, many more cross-sectoral efforts will need to be taken to guard against soil degradation and loss. The goal of LDN and soil sustainability needs to be incorporated as a primary concern in the relevant domestic policy and legal instruments especially relating to environment, urban planning, and industrial development. Soil health and revitalization needs to be mainstreamed across the entire policy and law-making spectrum for coherence, coordination and inter-linkages. In order to realize the target of 30 million hectares of soil reclamation by 2030, the Indian policy-making and scholarly realms need to work in tandem to give effect to the research outcomes emanating from the Indian universities, institutions of eminence and other knowledge centres. In order to measure as to how India fares in giving effect to international obligations, a ‘sliding scale of assessment’ would provide a pragmatic approach. As a corollary, the Indian domestic law and institutional framework would need to be duly reviewed and repositioned to address the challenge of sustainable soil management. In essence, it would also comprise giving effect to the urgent need for taking international law seriously.97

 For a detailed analysis, issues and future trajectory, see Desai (2017) available at: ‘Surgical Strikes’ by India : Taking International Law Seriously | Economic and Political Weekly (epw.in). 97

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References Alexander CH (1952) International law in India. Int Comp Law Q 1(3):289–300 Bassett C, Talafre J (2003) Implementing the UNCCD: towards a recipe for success. RECIEL 12(2):133–139 CBD (2018) The Sharm El-Sheikh Declaration on Nature and Culture CCAFS (2014) India’s new national agroforestry policy. Outcome case. CGIAR Research Program on Climate Change, Agriculture and Food Security, Copenhagen, Denmark Convention on Biological Diversity (2020) Strategic Plan for Biodiversity 2011–2020 and the Aichi Targets Desai BH (1986) Destroying the global environment. Int Persp (Ottawa):27–29 Desai BH (1990) Managing ecological upheavals: a third world perspective. Soc Sci Med (Oxford) 30(10):1065–1072 Desai BH (2010, 2013) Multilateral environmental agreements: legal status of the secretariats. Cambridge University Press, New York Desai BH (2013) India: greenhouse gas mitigation. Environ Policy Law 43(4-5):238–252 Desai BH (2017) Surgical strikes by India: taking international law seriously. Econ Polit Weekly 52(5) Desai BH (2021a) On the protection of women in the non-resident Indian marriages: an interface between domestic law and international law. Indian Jr Int Law 61(3–4):2022, 251–250 Desai BH (ed) (2021b) International environmental law-making, Chapter 5. In: Our earth matters: pathways to a better common environmental future. IOS Press, Amsterdam, pp 43–62 Desai BH (ed) (2021c) Our earth matters: pathways to a better common environmental future. IOS Press, Amsterdam, Berlin Desai BH (ed) (2022) Envisioning our environmental future: Stockholm+50 and beyond. IOS Press, Amsterdam, Berlin Desai BH, Sidhu BK (2016) Land-soil sustainability: some legal reflections. Int Yearb Soil Law Policy 2016:37–45 Desai BH (1992) Threats to the world eco-system: a role for the social scientists. Soc Sci Med 35(4):589–596 Government of India (2008) National Action Plan on Climate Change IUCN (2017) Bonn challenge and India: progress on restoration efforts across states and landscapes. IUCN, India, p 5 Laestadius L et al (2015) A world of opportunity. WRI, SER and IUCN Ministry of Agriculture (2014) National Agro-forestry Policy 2014 Ministry of Agriculture & Farmers Welfare (2020) Steps for Doubling Farmers’ Income: List of various interventions and schemes launched for the benefit of farmers, PIB Delhi, 18 September 2020 Ministry of Agriculture and Farmers Welfare (2014) Soil Health Management under National Mission for Sustainable Agriculture Ministry of Agriculture and Farmers Welfare (2018). Final guidelines for outsourcing of soil samples analysis under SHC Scheme Ministry of Law & Justice (2002) The Biological Diversity Act 2002 Ministry of Law and Justice (2016) The Compensatory Afforestation Fund Act, 2016 MoEF (2018) National Reports Submitted to UNCCD MoEF&CC (2014) Addendum 2014 to the National Biodiversity Action Plan 2008, pp 1–88 MoEF&CC (2015) India’s First Biennial Update Report to the UNFCCC. Ministry of Environment & Forests, Government of India, pp 1–184

Also see, Desai (2021c); available at: Our Earth Matters | IOS Press; Desai (2022); available at: Envisioning Our Environmental Future | IOS Press (accessed on 12 December 2022).

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MoEF&CC (2017) India’s Intended Nationally Determined Contribution: Working Towards Climate Justice, pp 1–38 MoEF&CC (2018) India Second Biennial Update Report to the UNFCCC.  Ministry of Environment, Forest and Climate Change, Government of India MoEFCC (2015) India: First Biennial Update Report to the UNFCCC, p 20 National Biodiversity Authority (2004). The Biological Diversity Act 2002 and Biological Diversity Rules 2004, Preamble at p. 1 Nkonya E et al (2015) Global cost of land degradation (Chapter 6). In: Economics of land degradation and improvement: a global assessment for sustainable development, pp 117–165 Press Information Bureau (2019a) India will restore 26 million hectares of degraded land by 2030, 9 September 2019. Ministry of Environment, Forest and Climate Change, Government of India Press Information Bureau (2019b) India will lead by example in combating desertification, 17 June 2019. Government of India, Ministry of Environment, Forest and Climate Change UN (1992a) The United Nations Framework Convention on Climate Change UN (1992b) The Convention on Biological Diversity UN (1994) The United Nations Convention to Combat Desertification UN (2015) Transforming our world: the 2030 Agenda for sustainable development. United Nations, New York UNCCD (2001) India: National Action Programme to Combat Desertification in the Context of UNCCD: Vol. I Status of Desertification. MoEF, Government of India UNCCD (2013) A stronger UNCCD for a land-degradation neutral world. Bonn, UNCCD, p 7 UNCCD (2019) The New Delhi Declaration: Investing in Land and Unlocking Opportunities

Part II

Soil Degradation in India

Soil Degradation in India: Challenge and Response Pradip Dey and Debashis Mandal

Abstract  Land degradation dominated the global discourse of limiting livelihoods, food security and ecosystem services. However, its effect is more pronounced in problem soils, rain-fed areas, fragile ecosystems, common property resources and dryland areas—and climate change has exacerbated the risk further. Strategies to reverse land degradation and initiatives of land management since the 1980s, have been discussed. We examined several approaches to achieve land degradation neutrality by 2030 and highlighted seven emerging issues and challenges. For the benefit of various stakeholders, a comprehensive national policy considering the land degradation scenario as well as various driving forces such as land use alteration and climate change should be developed. Keywords  Soil degradation · Carrying capacity · Soil property · Problem soils · Soil productivity · Land degradation neutrality

1 Introduction Land degradation is antonymous of good soil quality that means partial or total loss of soil either quantitatively, qualitatively or both as a result of the processes such as soil erosion by water or wind, salinisation, water- logging, depletion of plant nutrients, depletion of soil structure, desertification and pollution. It has been estimated that 23% of all usable land (excluding mountains and deserts) has been affected by degradation to a degree sufficient to reduce its productivity.1 Comparable proportion  UNEP (1992).

1

P. Dey (*) ICAR – Indian Institute of Soil Science, Bhopal, Madhya Pradesh, India D. Mandal ICAR - Indian Institute of Soil and Water Conservation, Dehradun, India e-mail: [email protected] © The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 B. H. Desai (ed.), Soil Law and Governance in India, International Yearbook of Soil Law and Policy, https://doi.org/10.1007/978-3-031-32360-7_2

27

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of degraded land of the total geographical area in India is 37%, which is about two times that in the world. However, available data from India present a range in degraded land statistics that vary between 107 and 187 million hectares (Mha). Lack of unanimity in data is not surprising since different agencies follow diverse criteria and methodology when it comes to making estimates on land degradation. Nevertheless, 147.8 Mha degraded land area worked out by NBSSLUP2 seems more credible because it follows the worldwide accepted Global Assessment of Soil Degradation (GLASOD) methodology.3 The global and Indian studies on the real extent of land degradation include regions having a natural state of ruinous tracts. These figures do not discriminate between the reversible and irreversible conditions of land degradation. Apparently, the accuracy, authenticity and truthfulness of the estimates on land degradation are open to question.4 This oddity, of course, ought not to distract the attention from the main issue of enormity and disastrous consequences of land degradation on life and living of small and marginal farmers and herders and its antecedent influence on global warming, climate change and biodiversity loss. Firstly, land has a finite capacity to support diverse organisms called “carrying capacity”. If the carrying capacity is exceeded persistently, the land gets progressively degraded and loses the ability to renew itself. Adverse effects of transgressed carrying capacity are already evident in the developing world, that comprises of 80% of the world population and owns 54% of the cropland area.5 In India, where the population has already hit the wall, the situation is worse. India has to support nearly 18% of the world population from 2.4% of the world land area. Thus, the developing countries, India included, have to meet the needs for more food, extra fuel to cook it and additional housing and other non-agricultural purposes from relatively less land area. According to NRSA of India,6 2 out of 3 hectares of damaged forest area owes its origin to fuel wood extraction. With deforestation, vegetative shield against the forces of degradation stands stripped off. Lands having no or scrappy vegetative cover are open to relatively faster rates of degeneration, typically erosion. Besides, cropland is diverted to serve the requirements of the non-agricultural sector. Generally, it is the better-quality cropland that is the main victim. In arid and semi-­ arid marginal lands, populations strive to fill their basic economic needs by expanding herds of domestic animals. Exceeding the number of animals limited by the land’s carrying capacity degrades pastures, leaving behind plant life of no or low significance. Whether it is the human-induced damage to crop lands or destruction of forest and rangelands, almost 80% of degraded land area worldwide is located in developing countries.

 NBSSLUP (2004).  Olderman (1988). 4   Mazzucato and Niemeijer (2001); available at: http://www.iied.org/pdf/dry_ip101eng.pdf (accessed on accessed on 30 August 2021). 5  WRI (1998). 6  NRSA (2005). 2 3

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Of all the processes of land degradation, soil erosion is the most prominent. According to David Pimentel “Soil erosion is second only to population growth as the biggest environmental problem the world faces” (cited from Susan Lang, Chronicle Online. March 20, 2006). This statement is backed up by the fact that almost 9 out of 10 hectares of degraded land owes its origin to erosion alone.7 It is the organic matter-rich surface soil which bears the maximum burden. Depletion in organic matter damages a soil’s ability to act as buffer against and filter for various kinds of contaminants. It also impairs a soil’s role in nitrogen, water and carbon cycles. An estimate8 pointed out that 6.6 billion tonnes of Indian soil are sacrificed annually to erosion with 5.4 million tonnes (Mt) of fertilizer nutrients. Incidentally, this loss equals to 33% of the current fertilizer NPK consumption in India. A recent national database on land degradation in India shows that 120.7 M ha or 36.7% of the total arable and non-arable land surface of the country, suffers from various forms of degradation9 with water erosion being its chief contributor in 83  M ha (68.4%). Water erosion is the major threat to soil quality and runoff water quality. It results in loss of organic carbon, nutrient imbalance, compaction, a decline in soil biodiversity, and contamination with heavy metals and pesticides. The annual soil loss rate in India10 is about 15.35 t ha−1 yr−1, resulting in loss of 5.37 to 8.4 million tons of nutrients, reduction in crop productivity, occurrence of floods/droughts, reduction in reservoirs capacity (1% to 2% annually), and loss of biodiversity. Loss of crop productivity, one of many negative impacts of soil erosion by water, has serious consequences for country’s food, livelihood and environmental security. Major rainfed crops in India suffer an annual production loss of 13.4 million tons due to water erosion which amounts to a loss of ₹ 205.32 billion in monetary terms.11 Apart from economic loss, erosion transported nutrients contaminate water bodies, pollute groundwater and deplete soil fertility. The release of extra carbon-di-oxide into the atmosphere by organic matter dislodgement followed by decomposition has serious implications in climate change. Erosion also enfeebles soil’s position in providing a secure habitat for both micro-and meso-biodiversity.

2 The Challenges Since land is a limited and non-renewable resource, the experience has shown that with continuous utilization, even with the best technology and skills, its ability to support an activity decline. Hence, it is imperative to not only preserve the land quality but also to enhance it to keep pace with the increasing demand in various

 Olderman et al. (1991).  Pimentel et al. (1995), pp. 1117–1123. 9  NAAS (2010). 10  Sharda and Ojasvi (2016a), pp. 2007–2023. 11  Sharda and Dogra (2013), pp. 382-392. 7 8

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sectors. To produce 310 million tonnes of food grains and 190 million tonnes of fibres, edible and non-edible oils by 2050 from 140 million ha of the net sown area is a big challenge for Indian agriculture. It would require12 average productivity of 3.3 t ha−1 against average productivity of all food grains of 1.7 t ha−1 in 2006–2007. Similarly, an average yield of 12.5 t ha−1 from 120 million ha of land under forests, pastures etc. is needed to produce 1500 million tonnes of biomass, while the mean annual productivity of growing stock of forests is only 0.7 t ha−1 yr−1 and of other items such as grass, leaf fodder, fuelwood, non-timber forest products (NTFPs) is 1–2 t ha−1 yr−1. In several regions of India, land degradation is nearing irreversible levels. Land degradation in India takes place largely in the form of soil erosion due to water and vegetation degradation. The impact is widespread and conspicuous in land hunger in agrarian economies like India. In India, the estimates of land degradation by different agencies vary widely from about 53 million ha to 188 million ha, which is attributed mainly to different approaches and methodologies being adopted in defining degraded lands and/or differentiating criteria used. These data sets have now been harmonized to 120.72 M ha of degraded which will actually respond to amendments (Table  1). Out of 120.72 M ha degraded area, water erosion alone accounts for 68.4% (82.57 M ha) followed by chemical degradation (24.68 M ha), wind erosion (12.40 M ha) and physical degradation (1.07  M ha).13 The states lying in the north region (Punjab, Haryana, Uttarakhand, Uttar Pradesh) and all states of the north-eastern Himalayan region, Peninsular plateau (Madhya Pradesh, Chhattisgarh and others) and Peninsular India (Orissa, Andhra Pradesh, Tamil Nadu, Karnataka and Kerala) showed more soil loss due to water erosion.14 Among different land resource regions, highest erosion rate occurs in the Black soil region (23.7–112.5 t ha-1) followed by Shivalik region (80  t  ha−1), North-Eastern region with Shifting Cultivation (27–40 t ha−1) and the least in North Himalayan Forest region (2.1 t ha−1).

3 Loss of Crop Productivity Degree of severity of water erosion is very much linked to the loss of agricultural productivity. The trend on the basis of very limited data available on loss of productivity/crop yields vis-à-vis the erosion class indicates that the productivity may decline by 5–50% under major soil groups of India.15 The effect on loss of productivity is more pronounced in red soils followed by black soils and alluvium derived soils.

 DES (2007).  Maji (2007), pp. 427–435. 14  Mandal et al. (2020), pp. 151–168; available at: https://doi.org/10.1111/ejss.12886 (accessed on 30 August 2021). 15  Sehgal and Abrol (1994), p. 80. 12 13

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Table 1  Harmonized area statistics of degraded lands/watershed of India (Mha)

Degradation type Water erosion (>10 tonnes/ha/yr) Wind erosion (Aeolian) Sub Total Chemical degradation (a)

(b) (c) (d) Sub total Physical degradation (a) (b) Subtotal Total Grand total (Arable land and Open forest)

Open forest Arable land (2. Characteristics of sodic soil is provided in Table 2. Fractile diagrams based on cumulative frequency distribution functions showed that all soil parameters were normally distributed in sodic soils of Saraswati Forest

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range of Haryana. Soil pH showed least variation (CV  =  7.39%) and CaCO3 the highest (CV = 81.03%) which will determine the number of samples to be drawn for a realistic analysis.25 Lateral variability in respect of soil pH under all the forest tree species was minimum and CaCO3 content showed largest variation (CV  =  76%) under Prosopisjuliflora, 104% for Dalbergia sissoo and 67% for Casuarinaequisetifolia. Acacia nilotica showed maximum coefficient of variation (CV  =  91%) for organic carbon content.26 In general, maximum variability was recorded in the deepest soil depth (0.60–1.10 m) for all the characteristics and under all tree species tested.27

4.2 Soil Property Change: Agroforestry in Sodic Soils Carbon sequestration and its mechanism in sodic soil28 and organic matter as well as nutrient dynamics29 under agroforestry systems in Saraswati Forest range Haryana have been studied in detail. The soil originally was highly sodic throughout the profile. pH and EC (Electrical conductivity) values were highest on the surface (10.7 and 3.3 dS/m) and decreased with depth.30 Organic C was very low (0.5 g/kg). A sharp decrease in surface soil pH, EC and ionic concentrations of water extract was observed within three years of growth under all the plantations, the decrease being more under Prosopisjuliflora followed by Acacia nilotica, Dalbergiasissoo and Casuarinaequisetifolia.31 However, pH and soluble salts increased in the lower depths. The increase in the salts may be due to their translocation through leaching and lowering of pH can be related to the organic matter accumulation because of litterfall and their subsequent decomposition. The lowest pH under Prosopisjulliflora may be related to the highest amount of organic matter accumulation as evident by organic C content. The ionic composition of the water extract shows that CO3−, HCO3− and Na+ were the dominant ions in the sodic soils. The ionic concentration as a whole, decreased considerably on the surface following tree plantation. The decrease was highest in case of Prosopisjuliflora while all the other species were almost at par to each other. A general increase in organic C content was observed throughout the profile under all the plantations, the increase being more in the surface layer and the rate of increase decreased with depth. The increase in organic C was maximum in Prosopisjuliflora (3.2 g/kg) and the least in Casuarinaequisetijolia (1.7 g/kg).

 Dey et al. (1999), pp. 168–172.  Mongia et al. (1998), pp. 664–668. 27  Mongia et al. (1997), pp. 810–812. 28  Dey (2009), pp. 93–95. 29  Dey and Singh (2008), pp. 224–226. 30  Ibid 24. 31  Dey et al. (2004a), pp. 387388. 25 26

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As regards the available nutrients, available P declined while an increase in available K was observed under all the plantations. The highest value of available K was noticed under Prosopisjuliflora.32 The higher content of K may be due to release of K from the K-bearing minerals following reclamation and partly due to recycling of K on account of litter decomposition. Calcium carbonate content in the surface and subsurface soil decreased with the growing of tree plantations, but it remained more or less constant in the lower horizons of the soil profiles. Tree roots increase the CO2 level in the soil which helps mobilizing and dissolving in CaCO3 and it results in exchange of Ca++ with Na+ on the soil exchange complex, thus resulting in decreased calcium carbonate content on the surface and subsurface.33 High variations of Olsen-P in sodic soil can be described by water-soluble silicon.34 The Fe and Mn concentrations in the profile increased following plantations. The highest concentrations of these elements were observed in Casuarinaequiselifolia and the least in Prosopisjuliflora. Zn and Cu content rather registered a decrease following tree plantation. The variation in the concentrations of these micronutrients in the soil may be due to their differential uptake by the trees and subsequent recycling in the soil through litter decomposition. The afforestation of sodic soil by tree plantations helps in reclamation of sodic soil by lowering pH and soluble salts of the soil, creating favourable root environment and building organic matter and fertility status of the soil.

5 Saline Soils 5.1 Inland Saline Soils Saline soils occur in the alluvial plain and the shield areas (plains with sand dunes and Aravalli Hills) occupying basins or playas. These soils have commonly cambic and occasionally argillic horizon at a depth below the surface, a calcic horizon at variable depths, coarser soil fabric, high alt content, predominance of chloride and sulphates of sodium, calcium and magnesium, neutral to slightly alkaline pH, usually high SAR, rapid to moderately rapid infiltration rates, saline groundwater at varying depths and a petrocalcic horizon occasionally within 1 m depth. The occurrence of saline soils in Rajasthan is related to the climate, topography and practice of irrigated farming. Secondary salinization occurred in areas under canal irrigation, waterlogging and presence of hydrological barriers restricting leaching and drainage of salt within the soil profile. Characteristics of saline soil is provided in Table 2.

 Ibid, at. 24.  Dey et al. (2004b), pp. 49–50. 34  Dey et al. (2004c), pp. 48–49. 32 33

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5.2 Delta Region The process of soil accretion and land subsidence operate in the delta region. The alluvium developed by the rivers in the delta region is frequently subjected to inundation during high and low tides with the ingress of seawater through numerous creeks. The problem of soil salinity appeared in the Ganges delta, known as Sunderban, and the Godavari, Krishna and Cauvery deltas of the country.35 The soil in Sunderban are developed from the micaceous rocks and are characterized by an ocricepipedon, grey to light brownish grey color, presence of yellowish brown mottles, signs of gleying, with grey, black or dark grey colors in the substratum, uniformly fine texture varying from clay loam to clay to silty clay loam, neutral to slightly acidic pH, those occurring in the basins contain highest amount of salts in the epipedon and relatively low EC values below, lower EC of saturated soil paste extract (ECe) values at the surface that increases with increasing depth in soils of higher elevation, preponderance of chlorides and sulphates of sodium, magnesium and calcium with minor bicarbonates, Sodium Adsorption Ratio (SAR) and Exchangeable Sodium Percentage (ESP) varying between 10 to 30, a shallow saline water table, low infiltration rates, absence of calcium carbonate and organic matter content less than 1%. Because of high rainfall in these areas high ECe values are not encountered due to flushing of salt during monsoon. The local relief and aspect however, play the major role in facilitating salt accumulation in this region. The soils in the Godavari, Krishna and Cauvery delta regions differ from the Ganges delta primarily due to their origin from basaltic rocks. The climate is semiarid, the soil exhibit completely different mineralogy and salt regime. The soil properties are similar to vertisols of the delta region. The presence of an ocricepipedon (a surface horizon lacking fine stratification and which is light coloured/thin/low organic carbon content/massive and very hard when dry), a uniform fine (clay) texture, angular/sub-angular blocky structure grading to massive, absence of concretions and calcium carbonate, neutral to slightly alkaline pH, very high ECe, shallow water table, deep crack and the presence of slickensides (surface of the cracks produced in swelling clay soils) in subsurface horizon are typical characteristics of these soils. Owing to low rainfall, these soils are higher in salinity than the soils of the Ganges delta.

5.3 Coastal Belt The typical soil found in the Guntur and Prakasam districts of Andhra Pradesh show a close relationship between soil characteristics and physiographic settings. The upland soils are free from salinity. The midland soils are characterized by stratified substratum with layers varying in thickness and the texture varying from loamy 35

 Murthy et al. (1983), pp. 13–20.

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sand to sandy loam in the surface and sandy clay loam below the surface; in the basin, dark grayish brown to grey with clay textured soils which remain submerged during the monsoon, common presence of marine shells in the soil profile, shallow saline water table in the substratum, high EC throughout the profile, prevalence of chlorides and sulphates of sodium, calcium and magnesium, neutral pH, slow permeability and low to medium organic matter content. The problem of soil salinity is severe in the coastal belt of Saurashtra in Gujarat, located under the arid and semiarid region. Originating in basaltic rocks, these are commonly vertisols or having vertic characteristics (30% or more clay content). Owing to differences in the relief, there are differences with regards to the menace of soil salinity. These soils are similar to the vertisols of Andhra Pradesh but different in the ESP values ranging from 10 to 60, SAR values from 10 to 25, high hydraulic conductivity but develop sodicity after leaching and poor physical conditions. Almost all the soils are potentially saline with salt reserve in the profile sub-stratum. These are common in the alluvium, and other terraces like flood plain, mud flats along the tidal inlets and mud flats along the coast, which are more saline than the old flood plain, inter-terraces of flood plains and recent flood plains. The Rann of Kachchh constitutes a vast marshy area in the arid coastal region in Gujarat. It is divided into Great Rann and Little Rann having area of 18130 and 5180 km2. Rann soils are fine textured, and contain large quantities of chlorides and sulphates of Na, Mg and Ca. Gypsum layers are encountered at varying depths The Rann receives huge discharge of flood water from the Luni, Banas, Saraswati, Rupan, Fulka and Brahmani streams during the monsoon. At the same time strong wind from the south-west force sea water into the area, rendering it as saline. The depth of flood water continues to stand up till December. It dries from January till June. These soils showed high degree of gleying (gray, blue, purple or green soil colours occur in waterlogged soils) with black matrix, in the epipedon (a soil horizon that forms at or near the surface) and blue-green to bottle green in the substratum. Reddish brown to brown horizons reported to be the zone of iron pan formation in the substratum. An interesting feature of these soils is the presence of gypsum deposition, iron pan and gleyed horizons within the profile in different sequences. These indicate operation of similar genetic processes over the past geological period as the process of land accretion continued. Saline acid sulphate soils occur along the Malabar Coast in Kerala occupying marshy depressions (lagoons). These have developed on the alluvium derived from laterites under humid and tropical climates. The soils undergo fresh water submergence from May to December and sea water inundation under tidal cycle during the subsequent lean months. The salient features are ocricepipedon, humic horizon (topsoil horizon that contains organic matter) in the substratum of the some soil, variety of soil matrix color ranging from pale yellow to very dark grey, grayish brown, and dark yellowish brown, signs of gleying, reduction and bleaching, high EC throughout the profile, prevalence of chlorides and sulphates of sodium, calcium and magnesium, soil pH 3.5 to 7.5, organic matter content varying from 2 to 40%, a shallow saline water table, and in some cases the

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Table 3  Characteristics of Alkali and saline soils Salt affected soils Alkali (Sodic) Soils Saline Saline-­ Sodic soils

pH EC s (dSm−1) > Variable 8.2

Exchangeable Sodium percent (ESP) Salt in excess >15 Carbonate and Bicarbonate of sodium salts

< >4 8.2 < >4 8.2

< 15 > 15

Chloride and sulphate of calcium, magnesium and sodium salts Chloride, sulphate, carbonate and bicarbonate of calcium, magnesium and sodium salts

presence of pyritous clay (acid soils from weathering zones of pyrite-bearing rocks) (Table 3).

5.4 Saline Vertisols Among 11 soil orders (Andisols, Alfisols, Aridisols, Entisols, Histosols, Inceptisols, Mollisols, Oxisols, Spodosols, Ultisols, Vertisols), Vertisols form an important soil group. These soils can be defined as clay soils with high shrink-swell potential that has wide, deep cracks when dry. Most of these soils have distinct wet and dry periods throughout the year. Soils with high content of swelling clays, deep, wide cracks develop during dry periods. Soils with 30% or more clay to a depth of 50 cm and shrinking/swelling properties. Vertisols and associated soils are generally very deep (150–200 cm), fine-textured with clay content ranging from 45–68% and montmorillonite as the dominant clay mineral. The soils exhibit high shrink-swell potential and develop wide cracks of 4–6 cm extending up to 100 cm depth. The water holding capacity is high but permeability is imperfect to poor. These soils are calcareous in nature (2 to 12% CaCO3). The salinity status in the cultivable land varies widely from EC 0.5 dS/m in monsoon to 50 dS/m in summer. The saline Vertisols in Gujarat occurs in Bara tract which experiences a tropical climate. The annual rainfall ranges from 275–1484 mm with an average of 737 mm. The onset of monsoon is erratic which normally affects crop seeding operations, germinations and seedling establishment. Cotton is the dominant crop grown in the kharif followed by sorghum and pearlmillet. Pigeon pea is also grown in some area. Mostly rainfed kharif crops are grown in this area. In the rabi season the land is either kept fallow or some fodder sorghum is grown on the residual moisture. The Vertisols have low permeability;36 soils having comparable salinity affect the crop growth in a greater magnitude as compared to the light textured soils. As these soils can sustain the deep-rooted crops and are having fine capillary pores, salt concentrations even at a considerable depth affect the crop growth and contribute to 36

 Nayak et al. (2004), p. 20.

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surface salinity through capillary rise. The salinity of surface soils varies from 0.46–21 dS/m. The salinity of the sub-soil of Bara tract ranges from 0.4–159 dS/m. This transient salinity fluctuates with depth and also changes with season and rainfall. Even in the absence of contribution of ground water, the excess use of water may also help the sub-soil salinity to come to the surface layer.

5.5 Acid soils Solubility of Al, Fe and Mn being high in acid environment, these elements are available quite in excess at times causing toxicity. At below pH 5.4, Al and Mn concentrations hinder plant growth. High concentrations of Fe in the water-logging environment develops iron toxicity even for rice. Soil acidity causes shortage of Ca and Mg. Available B in acid soils is affected by (i) formation of Fe and Al oxy and hydroxy compounds (ii) broken Si-O and Al-O bonds at edges of alumino-silicate minerals and (iii) amorphous hydroxide structure. It is also affected by H+ and CO2 in the root. Ordinarily, B should be available under acid conditions but porous nature of topsoil allows the soluble B to leach down in the profile beyond the reach of the plant roots.37 In light-textured soils, Zn becomes deficient. At mildly acidic conditions availability of P increases but with further increase in acidity P reacts with active Fe and Al to form insoluble form. It has been reported that 86% of P in super phosphate got converted to unavailable form within 15 days of application.38 Excess of Al in soil solution reduces the uptake and transport of P in plants.

5.6 Ravine Land Ravine formed from intricate network of gullies as a result of localized physical degradation due to surface runoff affecting the friable unconsolidated material in the formation of perceptible channels resulting in undulating terrain with the fragile ecosystem.39.About 3.67 Mha area is estimated to be under influence of gully erosion in India. Over exploitation of this vast tract of existing ravine lands coupled with improper management practices have led to deterioration of soil health and also poses threat to adjoining productive agricultural lands. Under ravine landscapes, soil undergoes various changes due to accelerated erosional processes. With rapidly shrinking per capita availability of land, there is a growing need for restoration of these areas for productive land uses. The maintenance of soil organic carbon is one of the most important factors for aggregate stability, soil structural durability

 Panda (1998), pp. 39–50.  Mandal and Khan (1972), pp. 19–26. 39  Dey et al. (2018), pp. 161–181. 37 38

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and nutrient availability in ravine areas. In fact, the deficiency of nutrients and poor water retention are two major causative factors of stagnation in crop productivity in ravine lands. Even in the best farming practices, only 40–50% of the applied fertilizers are used by the crops and the balance find their way into the aquatic environment through runoff. The soils of the ravenous regions are poor in fertility and physically degraded in condition. Therefore, integrated nutrient management/practices involving soils, crops and livestock, nutrient deficiencies, organic recycling, conjunctive use of organic manures and mineral fertilizers are crucial practices to sustain productivity in degraded soils. Moreover, in ravine land, farm yard manure is applied in small quantity prior to plantation but the quantity is too small to replace the nutrients lost through soil erosion. Hence, only chemical fertilizers are used for replacement of the lost nutrients. Although, availability of large quantities of farm yard manure for INM is considered as a major hurdle in promoting INM programmes on mega-scales. Therefore, use of locally available manures such as green leaf/crop residue such as mustard and pigeon pea may offer great promises in these areas. By and large, it appears to be promising that the integrated use of chemical fertilizers and other organic nutrient sources in a judicious manner is the most viable and practicable strategy to rejuvenate the denuded ravine ecosystems.

6 Impact of Climate Change on Land Resource Climate change is likely to affect the global cycles of carbon, nitrogen, water and oxygen thereby distorting the structure of ecosystems and disrupting or diminishing the effectiveness of their auto functions. As predicted, global warming will intensify the hydrologic cycle resulting in more intense rains, frequent floods and droughts, shifting of rainy season towards winter and significant reduction in mass of glaciers causing more flow in the initial few decades but substantially reduced flows thereafter. The deforestation, desertification and soil erosion are also disrupting the carbon cycle between pedosphere and atmosphere resulting in decline of soil carbon stock especially of soil organic carbon thus deteriorating chemical, hydrological and biological environment of the soil. Crop yields would get reduced due to low soil organic carbon especially if it is below 1%. Similarly, phytomass productivity on non-arable lands would also decline due to degradation of pasture lands and forest areas. Efforts are, therefore, needed to reverse the trend of declining soil organic carbon to sustain and enhance productivity under all types of primary production systems. Climate change has increased risk and unpredictability for farmers (especially of small and marginal categories, which are most vulnerable and least able to adapt to the changes by warming and related aridity, and shifts in rainfall patterns and intensities resulting into growing incidence of extreme weather events. Projections of monsoon rainfall pattern over the Indian subcontinent indicate that by 2050, a 10%

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increase in the amount and 10% increase in the intensity of rainfall are very likely due to climate change, leading to increase in erosive power of rainfall. It is projected40 that a 1% increase in rainfall intensity may increase the rainfall erosivity by 2.0%. Another study on interrail erosion41 indicates that 1% increase in rainfall intensity may increase soil loss from croplands by 1.5%. By 2050, the erosion rates of water erosion class 5–10 t ha−1 yr−1 are expected to increase to more than 10  t  ha−1  yr−1, which is presently considered as the land degrading soil erosion rate. Hence, about 66 M ha area in our country under the erosion class of 5–10  t  ha−1  yr−1 that covers mostly croplands will be additionally affected by higher rates of erosion due to climate induced changes in rainfall. This will result in significant increase in water erosion affected land degradation area from the current levels unless ameliorative measures are taken. These projections also suggest that a comprehensive knowledge-base on land degradation scenario due to various driving forces in our country should also be developed and updated for the benefit of various stakeholders. To overcome water shortages due to climate change in future, the interaction between ‘land cycle’ and ‘water cycle’ need to be properly understood to ensure optimal land resource management for sustained availability of water in channels/streams/rivers. It calls for checking and reversing land degradation by raising adequate green cover in forest, community, arable and non-arable lands to regulate monsoonal runoff and augment ground water recharge after meeting biotic needs on regular basis besides mitigating the impacts of floods and droughts.

7 Monitoring and Evaluation Monitoring and evaluation in soil and water conservation (SWC) projects/programmes must be improved. It needs to do more than just timely delivery of project outputs. It should also evaluate whether the expected environmental and development benefits have been realized in a cost-effective manner. Given limited financial and human resources, more attention should be focused on the prevention and mitigation of degradation before investing in areas that require costly rehabilitation, even though the achievements may not be so visible. SWC technologies has the potential not only to reduce land degradation but also to address simultaneously global concern of water scarcity, land use conflicts, climate change, biodiversity conservation and forest alleviation. In dry areas, investments in water harvesting and improved water use efficiency combined with improved soil fertility management should be emphasized to increase production, reduce the risk of crop failure, and lower the demand for irrigation water.

40 41

 Sharda and Ojasvi (2016a), pp. 2007–2023.  Ojasvi et al. (2006), pp. 178–182.

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8 Responses 8.1 Management Strategies for Top Soil Human survival and well-being cannot be enhanced without planned interventions. If we are wise and develop ways to manage soils appropriately, the resource base will be adequate to carry and sustain us indefinitely. The current level and continuing rates of land degradation have reduced and will continue to reduce our capacity to sustain our quality of life. While there are many valid data sets available from several parts of the world, they are often limited geographically or are first-line estimates that lack standardization and follow up assessments, which precludes trend analysis. One of the first steps to properly manage land resources is a global characterization of soil resources with respect to assessment of risk, resilience and restoration. Soil erosion is not new and rather is as old as the earth itself. But with the advent of agriculture, the acceleration of soil erosion on mismanaged land increased manifold. Very often the rate of soil erosion reaches a point where it exceeds the soil formation rate. Rates of soil erosion well in excess of rates of soil loss tolerance limit are a recipe for disaster and there is a clear need for improved understanding of soil loss tolerance for the formulation of appropriate soil conservation strategies. In ideal situation, the erosion level should be contained within the permissible limit specified for a given location which ranges between 2.5 to 12.5 t ha−1 yr−1. Once this threshold is crossed, the inherent fertility of the land begins to fall. The second Green Revolution, needed to feed the global projected population of 9.2 billion by 2050, must be based on sustainable management of soil and water resources. The projected increase in population will occur, where the soil resources are most scarce and severely degraded. Therefore, technological interventions for sustainable management of soil and water resources are a must to protect this valuable resource especially in ecologically fragile regions. Some technological options are presented in Table 4.42 Reliable and proven soil conservation technologies include ridge-planting, no-­ till cultivation, crop rotation, strip cropping and contour planting, cover crops. Although specificity of practices varies, all conservation measures reduce erosion rates. Each conservation measures may be used separately or in combination with other practices (Table 5).43 Based on medium-term experimental evidence at lower Himalayan region revealed that soil erosion rate of 1 t caused a loss of about 15 kg grain of maize. This indicates a loss of about 37.5 kg of total above ground biomass including 22.5  kg stover. The energy content in this biomass is calculated to be 655500 k Joules. Thus, any soil conservation measure or a combination of practices (minimum till + mulch; contour cultivation+ green manure) which reduces soil

42 43

 Sharda et al. (2019), pp. 1–6.  Sharda and Mandal (2018), pp. 71–78.

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Table 4  Technological options for sustainable soil and water management Problems and issues 1. Soil erosion and degradation

2. Drought stress

Proven technologies Residue recycling, mulching, cover cropping in conjunction with contour farming, terracing and simple engineering structures Water harvesting and recycling, mulch farming, improving irrigation efficiency through drip, sprinkler and furrow irrigation

3. Nutrient depletion and low soil fertility

Nutrient cycling, manuring, biological nitrogen fixation, biosolids, judicious use of fertilizers, zeolites as slow-­ release fertilizers, nanoenhanced materials and biochar-based amendments

4. None or slow adoption of proven technologies

Involving farmers in the decision process, participatory approach

5. Lack of resources Enhancing farm income, growing high for adopting value crops, trading soil C credit recommended management practices

Strategies and approaches • Minimize soil loss within permissible limit. • Adopt “Grain to Human & Residue to Soil” rule. • Farming technique for water conservation. • Providing technical support in constructing farm ponds and efficient irrigation systems • Providing clean cooking fuel to the rural households so that animal manure and crop residues can be used as soil amendments. • Making fertilizers available to farming community by developing local sources of fertilizer. • Improving land tenure, and addressing gender and social equity. • Micro finance for purchasing inputs. • Paying farmers for ecosystem/environmental services

erosion by 1 tonne has the potentiality to save 655500 k Joules of energy equivalent to 15 kg fuel oil.44 The Sloping Agricultural Land Technology (SALT) is an integrated land management technique where different combinations like silvi-pastoral, agri-horti-­ pastoral, agriculture and aquaculture including wet cultivation are advocated as per land capability classes in sloppy lands; CBT (conservation bench terrace) system is suitable for 1–3% sloping lands. In the CBT system, land is divided along the slope in the ratio of 2:1. The lower 1/3rd area is levelled for collecting runoff from the upper 2/3rd area, which is left in its natural slope. Strategies to reverse land degradation are critical since soil is a non-renewable resource. Generally, soil conservation planning requires knowledge of soil loss tolerance values, which show the higher limit of soil erosion rate that can be allowed without long-term land degradation. Soil erosion rates more than tolerance values are considered unacceptable, which leads to irreversible land degradation and need to be reduced through appropriate soil conservation measures (SCMs). In arable

44

 Sharda et al. (2019), n. 42.

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Table 5  Management strategies for different land use under various priority classes Land use Priority class 1 2

3

4

5

Forest Diversion drains and Gully plugging Gully Plugging, Check dams, and Staggered trenches Check dams, Bio-­ Engineering, and Contour trenches Maintenance of forest density and Trenching Maintenance of forest density and Trenching

Shifting cultivation/Open grazing Afforestation, SALT Gully plugging, Check dams, Staggered trenches and SALT Increasing the gap of cultivation Cultivation once in >5–6 years Cultivation once in >5–6 years

Traditional agriculture CBT, Stone terracing CBT, Stone terracing

Contour vegetative barrier, Strip cropping and Hedge- row cultivation Contour bund cultivation across the slope, Cover crops and Vegetative barrier Mulch tillage, Soil surface management, Application of SOM, Strip cropping, Cover crops

lands, it is very important to identify critical sites so as to bring the prevailing soil loss below the targeted value. Based on the research experience and performance of soil conservation measures, site specific management strategies have been developed. For reclamation of priority class 1, Sloping Agricultural Land Technology (SALT) is most suitable especially for shifting cultivation affected areas. Basically, the SALT method involves planting field crops and perennial crops in bands 3–5 m wide between double rows of nitrogen-fixing shrubs and trees planted along the contour. Similarly, Conservation Bench Terrace (CBT) system can be successfully adopted in mildly sloping agricultural lands under arid, semi-arid and sub-humid climates for conserving in-situ rainwater, reducing runoff and soil loss and enhancing crop productivity.

9 Initiatives for Land Management For effective coordination and management of land resources of the country, a National Land Use and Wasteland Development Council (NLWDC) was constituted under the Chairmanship of Prime Minister in 1985–1986 with its Secretariat located in the Department of Land Resources, Ministry of Rural Development. For effective coordination, the following Boards/Authority have been constituted: (i) National Land Use and Conservation Board (NLCB): It is located in the Ministry of Agriculture, Department of Agriculture and Cooperation, to serve as policy planning, coordinating and monitoring agency at national level for issues concerning health and management of land resources.

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(ii) National Rainfed Area Authority (NRAA): This authority was created in November, 2006. It is a multi-disciplinary organization of renowned professionals. Formulation and advocacy of policies, perspective planning, capacity building, monitoring, evaluation etc. are the major mandates (iii) National Wastelands Development Board (NWDB): It is located in the Department of Land Resources, Ministry of Rural Development for addressing matters related to wastelands in the country. (iv) National Afforestation and Eco-development Board (NAEB): It is located in the Ministry of Environment and Forests to take care of the matters related to the land belonging to forests. Under India’s Federal structure, land is a state subject and there is so far no National legislation. The NLCB is considering the enactment of a composite Land Resources Management Act encompassing various aspects of land use. National Land Use Policy outlines have already been prepared which take into account environmental, social, demographic, economic and legal issues. The policy has been circulated to all concerned for its adoption and implementation. For effective management of forest resources, the Central Government has brought the subject under concurrent list and enacted the Forest (Conservation) Act (1980), in which all cases of diversion of forest lands are required to be approved by the Central Government.

10 Programmes and Projects Since independence several initiatives and programmes were taken by Government of India to avoid and reduce the state of land degradation. some important national level programs are; Soil Conservation in the Catchment of River Valley Projects (RVP) and Flood Prone Areas (FPR) in 1962–1963, The Centrally Sponsored Scheme of Reclamation of Alkali Soil during the 7th Five-year-plan, the Drought Prone Area Programme (DPAP) in 1973–1974 and the Desert Development Programme (DDP) in 1977–1978. Similarly, National Watershed Development Project for Rainfed Areas (NWDPRA) This programme was launched in 1985–1986 by the Ministry of Agriculture as the National Watershed Development Project for Rainfed Agriculture which was then redesigned in the early nineties as NWDPRA, focusing on integrated watershed management and sustainable farming systems. To address the land degradation problems in India, the following programmes/schemes/ projects have been implemented by various Ministries engaged inland resources management: I.  Ministry of Agriculture, Department of Agriculture and Cooperation (DoAC) (i) Under Rainfed Farming System Division a. National Watershed Development Project for Rainfed Areas (NWDPRA, 1990–1991)

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b. Creation of Watershed Development Fund (WDF) in NABARD in 1999–2000. (ii) Under Soil and Water Conservation Division a. Soil Conservation in the Catchment areas of River Valley Projects and Flood Prone Rivers (RVP and FPR) launched in 1962–1963. b. Indo-German Bilateral Project (IGBP) in 1992. c. Watershed Development Projects in Shifting Cultivation Areas of North Eastern States (WDPSCA) launched during 1987–1988. d. Reclamation of Alkali Soils (RAS) and Drainage of saline Lands launched during 7th five-year plan. e. All India Soil and Land Use Surveys (AISLUS). II. Ministry of Rural Development, Department of Land Resources (DoLR) a Drought Prone Area Programme (DPAP) in 1973–1974. b Desert Development Programme (DDP)in 1977–1978 c Integrated Wastelands Development Programme (IWDP) in 1987. III. Ministry of Environment and Forests a National Afforestation Programme (NAP) in 2010. b National Afforestation and Eco-Development Board (NAEB). IV. National Rainfed Area Authority (NRAA) in 2007. The concern of land degradation, are also addressed in several other schemes such as national water policy, 2012; national forest policy 1988; national agricultural policy 2000; forest (conservation) act 1980; environment (protection) act 1986; national environment policy 2006; national policy for farmers 2007. The Green India Mission (GIM) under the national action plan on climate change focuses on sustainable land management and restoration of areas degraded through deforestation, degradation, over-exploitation of fuelwood, fodder and overgrazing. All these programmes have had many positive impacts to reduce soil loss, peak rate of runoff and sediment transportation, creation of water resources, augmentation of ground water improvement of soil fertility increased cropped area and intensity, several new initiatives have been launched including soil health mission and resource conservation technologies for reclamation of problem soils, rainwater conservation under PMKSY.  Through various programmes, by the year 2013, about 82.04 Mha area have been treated in India. Out of it, IWMP accounted for about 65% coverage. Additionally, an ambitious target of 26 M ha has been fixed by the Government of India under land degradation neutrality programme to achieve it by 2030.

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11 Land Degradation and SDGs Owing to its importance, land degradation issue is prominently addressed in the Sustainable Development Goals (SDGs): Most prominent is the SDG target 15.3 to, restore degraded land and soil, including land affected by desertification, drought and floods, and strive to achieve a land degradation-neutral world Further, SDG target 2.4 to ensure sustainable food production systems and implement resilient agricultural practices that increase productivity and production, that help maintain ecosystems, that strengthen capacity for adaptation to climate change, extreme weather, drought, flooding and other disasters, and that progressively improve land and soil quality and target 3.9 to substantially reduce the number of deaths and illnesses from hazardous chemicals and air, water, and soil pollution and contamination are also having direct bearing on soil sustainability. In addition, SDG goal 7 (Affordable and clean energy), goal 11 (Sustainable cities and communities) and goal 12 (Responsible Consumption and Production) are also linked to land use changes and related implication on soil conservation. Realizability of SDG goal 1 (No Poverty) and goal 6 (Clean Water and Sanitation) are also important for conservation of soil; soil constitutes second largest source of carbon sequestration after ocean and henceforth, goal 13 (Climate Action) is likewise significant. India is aligning its New National Action Programme to Combat Desertification (NNAP-CD) with the UNCCD 10 Year Strategy. The NNAP-CD will strive toward achieving the aspirational goal of land degradation neutral India by 2030. An inter-ministerial effort, this will help mainstream Desertification, Land Degradation and Drought (DLDD) issues in the national development priorities and be incorporated in relevant sectoral planning, budgeting and implementation frameworks. A major constraint in balancing trade-offs between competing land uses and designing interventions to combat land degradation is the lack of adequate understanding of the assessment and economics of land degradation in general. To address this lacuna, many national institutes and policy planners are engaged to develop appropriate strategies to achieve land degradation neutrality area by 2030.

12 Land Degradation Neutrality As a signatory to the UNCCD (United Nations Convention to Combat Desertification), India is committed to reducing its land degradation and desertification. By 2030, India aims to reclaim 26 million hectares of degraded land that is equivalent to the combined areas of Chhattisgarh and Tamil Nadu. Nearly 37% of India’s land area is degraded due to deforestation, over-cultivation, soil erosion and depletion of wetlands. This land loss is not only whittling away India’s gross domestic product by 2.5% every year and affecting its crop yield, but is also exacerbating climate change events in the country which, in turn, are causing even greater degradation. Of the 26 mha degraded land that India has promised to restore, 21 mha (about 81%) is

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forest land, and 5  mha lies outside forests. The government’s promise to restore 26 mha of degraded land is not only economically crucial, but will also help the country support the global fight against climate change by creating an additional carbon sink. Degraded land loses its capacity to absorb carbon dioxide (CO2) that is the biggest factor in global warming. Although a considerable amount of land area is degraded by soil chemical problems such as salinity, alkalinity and acidification, a comparison of area affected by various forms of degradation across different time periods reveals that the area under water logging, shifting cultivation and degraded forests has declined overtime. Soil and water conservation (SWC) technologies have the potential not only to reduce land degradation but also to address concerns of water scarcity, agriculture drought, climate change, and biodiversity conservation. Central and State governments have set an ambitious target to construct lakhs of farm ponds and wells in rainwater-scarce areas of the country through various programs like PMKSY, MGNREGA and watershed development. However, it has been realized that lack of geospatially distributed information on rainwater harvesting (RWH) and conservation practices limit the presentation of a holistic picture on the effectiveness of land protection measures, impact of construction of water bodies and watershed management. Over the past four decades, India has addressed the challenges of land degradation and enhancing productivity of rainfed areas and has made major investments in the area of watershed management through an appropriate combination of technical innovations, participatory approaches and an enabling policy environment. There is ample evidence of positive impacts of watershed programmes in terms of reduction in soil and water losses and improved agricultural productivity in normal rainfall years in regions that were bypassed in the conventional green-revolution era. A review of more than 300 integrated watershed management projects indicated that in majority of the watersheds, total crop production increased by 50 to 123% with some of them registering up to 5-fold increase. Water harvesting technologies increased the irrigated area by 50 to 156% and consequently cropping intensity increased by 64% on an average. Apart from increasing production, IWSM projects were quite beneficial in generating employment opportunities varying from 11 to 960 man-days. A spectacular increase in ground water level varying from 0.2 to 2 m has been reported in the watersheds successfully implemented by ICAR-IISWC, Dehradun and ICRISAT, Hyderabad. Several reports and documents have revealed that the IWSM programmes were quite effective in conserving natural resources of land, water and vegetation for sustained productivity. Run-off reduction in the range of 1.5 to 2.5 and soil loss in the range of 1.2 to 4.8 times was realized in the experimental watersheds. Halting and reversing land degradation is a high priority for transitioning to a more sustainable society. In view of this, we will strive to achieve a land-­degradation neutral world in the context of sustainable development. The concept of Land Degradation Neutrality (LDN) has been adopted as part of the 2030 Agenda for Sustainable Development and is enshrined in Target 15.3: “by 2030, combat desertification, and restore degraded land and soil, including land affected by

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desertification, drought and floods, and strive to achieve a land-degradation neutral world”. The first thing that India needs to do is to create an integrated land-use policy. Currently, all measures are being taken in silos. While separate policies for agriculture and forests are present, what is needed is an all-encompassing land-use policy. All activities to reclaim degraded agricultural or forest land should be connected to a nodal department that monitors and addresses these issues and ensures synergy. Currently, India has no such policy. Land degradation is a significant contributor to biodiversity and habitat loss and to changes in species abundance. It leads to a general decline in biodiversity and ecosystem services. Land degradation leads to reduction in infiltration and ground-­ water recharge and to an increase in run-off and siltation, in both cases contributing to important down-stream effects of drought and flood. Therefore, it was recommended that a comprehensive national knowledge-base on land degradation scenario due to various driving forces such as land use changes, construction of water bodies and climate change should be developed and updated for the benefit of various stakeholders. This is more so required to effectively plan and implement national programs like PMKSY, MNRGES and LDN. With any efforts to sustain prominent changes in practice significant understanding of socio-cultural, political and socio-economic contexts are required. Therefore, governance and policy play very important role to implement various strategies. Updating our understanding of the achievable targets and potentials for land restoration and the practical implementation of improved soil management and farming practices aimed towards increasing NPP, offers a strategy for mitigation of climate change with potentially positive implications for food security ecological resilience and achieving neutrality in degradation. Natural resource governance should be strengthened to enable equitable LDN outcomes. This includes governance by resource users at a local level, governance by the state at local and national levels, and international agreements to govern issues at the transboundary, regional and global levels. It is important to recognise that not all resource users are in an equal position to participate fully and actively in the governance process and efforts will be needed to promote the empowerment of women, indigenous peoples, and other marginalised groups. LDN should proceed on the basis of adequate evidence and monitoring, without evidence-collection becoming a barrier to attaining the LDN goals. An appropriate balance is required to ensure that LDN progress can be tracked, unwanted externalities can be monitored, and the impact of actions in restoration and sustainable management can be assessed for their impact on biodiversity and on social outcomes. Monitoring and evaluation of is of utmost importance to quantify the impact of various interventions on ecology, productivity and socio-economic attributes by employing appropriate indicators/indices. Bench mark or baseline data must be collected meticulously for the pre-project period to realistically analyse the impact of various activities undertaken during the implementation phase on biophysical, social and institutional aspects besides changes in land use patterns. The time scale for collection of data varies with the type of indicator and objectives to be realized and for some Natural resource governance should be strengthened to enable

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equitable LDN outcomes. In fact, government of India has taken aspirational goal to achieve land degradation neutral (LDN) status by 2030 whereby increases in land degradation would be offset by gains in land reclamation in 26  M ha areas This includes governance by resource users at a local level, governance by the state at local and national levels, and international agreements to govern issues at the transboundary, regional and global levels. It is important to recognise that not all resource users are in an equal position to participate fully and actively in the governance process and efforts will be needed to promote the empowerment of women, indigenous peoples, and other marginalised groups.

13 Emerging Challenges The abovementioned survey of available soil degradation data and analysis of responses, lead us to enlist some of the emerging challenges that would need to be addressed in the coming years: (i) Land inventories based on soil characteristics, climate and hydrological data, vegetation cover, land capability/suitability, and land irrigation need to be prepared and updated regularly. The maps depicting land parcels, particularly cadastral maps are required to be updated every 30 years. (ii) The major challenge for integrated land resource management is to increase the biomass productivity across the regions/crops and farming communities, and maintain a balance between the availability of land and projected demands in various sectors. Since land forms the base of land-water-forests/plants complex, the sustainability of land management has to be first land centric and then to its outputs/services. (iii) Land quality which is the sum total of various attributes including physical, chemical, hydrological and biological characteristics, needs not only to be preserved but also to be enhanced to keep pace with increasing demands. Land quality generally suffers due to improper and unscientific management. (iv) Checking and reversing the trends of land degradation, and reclamation of degraded/wastelands is another big challenge which may get further aggravated due to climate change impacts. Perspective plan needs to be prepared for treating the degraded lands following the concept of participatory watershed management after prioritizing the vulnerable areas. (v) Inadequate infrastructural facilities and low level of technological inputs are the major constraints to rural development posing additional threat to ecological balance and sustainability of livelihood systems due to indiscriminate use of land, water and other natural resources. Hence, any land use planning should attempt to solve general problems of under development and arrest area specific non-sustainable trends and patterns of development. (vi) Judicious land use planning based on local agro-climatic as well as techno-­ economic potentials of each region is essentially required, as all types of lands

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and locations are not equally suitable for profitable, albeit alternative enterprises. (vii) The research and development efforts need to be strengthened by prioritizing the issues related to sustainable use of land, water and other natural resources, and studying the long-term implications of changing land use patterns.

14 A Way Forward In the emerging scenarios of global environmental challenges, land degradation is a problem that negatively affects the livelihoods and food security of billions of people around the world. IT presents a serious challenge especially for farmers and pastoralists in the developing countries. In India, the estimates of land degradation by different agencies vary widely from 53 million ha to 188 million ha. It is due to the different approaches and methodologies being adopted in defining degraded lands and/or differentiating criteria used. These data sets have now been harmonized to 120.72  M ha of degraded which will actually respond to amendments. However, credible special data of land degradation in the country are lacking. It makes it hard to establish trends over a period of time. Therefore, clear estimates of the real extent of degradation areas across various ecosystems and land use are required. Land degradation is a significant contributor to biodiversity and habitat loss and to changes in species abundance. It leads to a general decline in biodiversity and ecosystem services. The country as a whole loses 15.7% of its total production of crops which is equivalent to ₹ 292.03 billion in monetary terms as per 2015–2016 price indexes. There are different policies and programme at national level that indirectly touch upon some issues of land degradation. However, land degradation is a national issue affecting all ecosystems and land uses. Therefore, it calls for a comprehensive national knowledge-base on land degradation scenario due to various driving forces such as land use changes, construction of water bodies and climate change should be developed and updated for the benefit of various stakeholders. This is more so required to effectively plan and implement national programs like PMKSY, MNRGES and LDN. A comprehensive methodology at national level is also required to be developed to compute loss of ecosystem services due to various forms of land degradation. The rates of soil erosion well in excess of rates of soil loss tolerance limit are a recipe for disaster and there is a clear need for improved understanding of soil loss tolerance for the formulation of appropriate soil conservation strategies. In ideal situation, the erosion level should be contained within the permissible limit specified for a given location which ranges between 2.5 to 12.5 t ha−1 yr−1 identification of soil erosion risk and priority areas based on soil loss tolerance limits is an essential tool for carrying out conservation measures as they appropriately explain the distribution of hazards and areas likely to be affected by different magnitude. Sustainable land management (SLM) approaches and strategies must be identified

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considering the capability of conservation measures to bring soil loss below tolerance limits.

15 Conclusion The soil degradation challenge calls for halting and reversing the trend as a high priority for transitioning to a more sustainable society. It is essential for attaining a land-degradation neutral world in the context of sustainable development. The Target 15.3 of the SDGs has ordained: “by 2030, combat desertification, and restore degraded land and soil, including land affected by desertification, drought and floods, and strive to achieve a land-degradation neutral world”. Thus, all activities to reclaim degraded agricultural or forest land need to be connected to a nodal department that monitors and addresses these issues and ensures synergies and inter-linkages. It is high time to put into place such a well-structured policy. Moreover, an explicit focus need to be on rain-fed areas, fragile ecosystems, problem soils, common property resources and dryland areas.

References DES (2007) Agricultural Statistics at a Glance, Directorate of Economics and Statistics (DES), Ministry of Agriculture, Govt. of India, New Delhi Dey P (2009) Carbon sequestration and its mechanism in sodic soils. In: Yaduvanshi NPS, Dey P, Singh G (eds) Improving sodic soil quality, input use efficiency and crop productivity through integrated nutrient management. Central Soil Salinity Research Institute, Karnal, India, pp 93–95 Dey P, Singh G (2008) Organic matter and nutrient dynamics in agroforestry system under salt affected soils. In: Yaduvanshi NPS, Yadav RK, Bundela DS, Kulshreshtha, Singh G (eds) Chemical changes and nutrient transformation in sodic/poor quality water irrigated soils. Central Soil Salinity Research Institute, Karnal, India, pp 224–226 Dey P, Mongia AD, Singh G (1999) Spatial variation of soil properties and tree growth parameters in agroforestry under sodic soil condition. In: Singh AK, Bhatia KS, Yadav JP (eds) Wasteland development: challenges & opportunities. C.S.A University of Agricultural Technology, Kanpur and State Land Use Board, Department of Planning, Yojana Bhawan, Lucknow, pp 168–172 Dey P, Mongia AD, Singh G (2004a) Bio-amelioration of sodic soil. In: Extended summaries: international conference on sustainable management of sodic lands, Lucknow, India, pp 387388 Dey P, Mongia AD, Singh G (2004b) Performance of woody perennials in highly sodic soil of semiarid climatic region under land use pattern of agro-forestry. In: Proc. 91st Indian Science Congress, Chandigarh, January 3 to 7, pp 49–50 Dey P, Mongia AD, Singh G (2004c) Distribution and variation of water-soluble silicon in agro-­ forestry under sodic soil condition. In: Proc. 91st Indian Science Congress, Chandigarh, January 3 to 7, pp 48–49 Dey P, Verma SK, Ramesh K, Somasundaram J, Vassanda CM (2018) Soil, landscape and nutrient management of ravine areas for enhancing crop productivity and livelihood security. In: Dagar J, Singh A (eds) Ravine lands: greening for livelihood and environmental security. Springer, pp 161–181

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Dhruvanarayana VV, Rambabu (1983) Estimation of soil erosion in India. J Irrig Drainage Eng 109(4):419–434 Khybri ML, Prasad SN, Ram S (1982) Effect of top soil removal on the growth and yield of rainfed maize. Indian J Soil Conserv 8(2):164–169 Maji AK (2007) Assessment of degraded and wastelands of India. J Indian Soc Soil Sci 55(4):427–435 Mandal D (2014) Save soil to save civilization. In: Chaturvedi OP, Juyal GP, Sharma NK, Mandal D, Muruganandam M, Kaushal R, Sharma SN, Kumar N (eds) A Souvenir of the Conference on “Farmers First for Conserving Soil and Water Resources in Northern Region” (FFCSWR-2014). Indian Association of Soil and Water Conservationists, Dehradun, Uttarakhand, p 148 Mandal D, Giri N, Srivastava P (2020) The magnitude of erosion-induced carbon (C) flux and C-sequestration potential of eroded lands in India. Eur J Soil Sci 71:151–168 Mandal LN, Khan SK (1972) Release of phosphorus from insoluble phosphatic materials in acidic lowland rice soils. J Indian Soc Soil Sci 20:19–26 Mazzucato V, Niemeijer D (2001) Overestimating Land Degradation, Underestimating Farmers in the Sahel. Drylands Issues Paper. International Institute for Environment and Development, London Mongia AD, Dey P, Singh G (1997) Impact of soil sodicity on performance of some tree species: a study of spatial variability. J Indian Soc Soil Sci 45(4):810–812 Mongia AD, Dey P, Singh G (1998) Ameliorating effect of forest trees on a highly sodic soil in Haryana. J Indian Soc Soil Sci 46(4):664–668 Murthy RS, Dutta AK, Thampi CJ (1983) Coastal saline soils of Eastern India –an appraisal. J Indian Soc Coastal Agric Res 1(1):13–20 NAAS (2010) Degraded and Wastelands of India  – Status of Spatial Distribution. National Academy of Agricultural Sciences, New Delhi Nayak AK, Chinchmalatpure AR, Khandelwal MK, Rao GG, Tyagi NK (2004) Soil and water resources and management options for the Bara tract under Sardar Sarovar Canal Command: A critical appraisal. CSSRI, Status Paper 1, p  20. Central Soil Salinity Research Institute, Regional Research Station, Bharuch, Gujarat 392012, India NBSSLUP (2004) Cited from e—book ‘Degraded and Waste Lands of India – Status and Spatial Distribution 2010’. A Joint Publication of ICAR and NAAS, New Delhi, India NRSA (2005) Natural Resources Census. National Land Use and Land Cover Mapping Using Multi-Temporal AWiFS Data (LULC-AWiFS). Project Manual. National remote Sensing Agency, Department of Space, GOI, Hyderabad Ojasvi PR, Sharda VN, Prakash O (2006) Evaluation of interrillerodibility parameter for soil erosion estimation in a sub-humid climate, Part I. Development of model using simulated rainfall data. Indian J Soil Cons 34(3):178–182 Olderman LR (1988) Global Assessment of Soil Degradation (GLASOD). Guidelines for General Assessment of Status of the Human Induced Soil Degradation. International Soil Reference and Information. Wageningen, The Netherlands Olderman LR, Hakkeling RTA, Sambrock WG (1991) World map of status of human induced land degradation: an elementary note. 2nd Revised edn. International Soil Reference and Information Centre. Wageningen, The Netherlands Panda N (1998) Problems and prospects of efficient use of fertilizers in acid soils of India. Fertilizer News 43(5):39–50 Pimentel D, Harvey P, Resosudarmo K, Sinclair K, Kurtz D, McNair M, Crist S, Shpritz L, Filton L, Saffouri R, Blair R (1995) Environmental and economic costs of soil erosion and conservation benefits. Sci New Ser 267(5201):1117–1123 Sehgal J, Abrol IP (1994) Soil degradation in India: status and impact. Oxford and IBH, New Delhi, p 80 Sharda VN, Dogra P (2013) Assessment of productivity and monetary losses due to water erosion in rainfed crops across different states of India for prioritization and conservation planning. Agric Res 2(4):382–392. https://doi.org/10.1007/s40003-­013-­0087

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Sharda VN, Mandal D (2018) Prioritization and field validation of erosion risk areas for combating land degradation in north western Himalayas. Catena 164:71–78 Sharda VN, Ojasvi PR (2016a) A revised soil erosion budget for India: role of reservoir sedimentation and land-use protection measures. Earth Surf Process Landforms 41:2007–2023 Sharda VN, Dogra P, Prakash C (2010a) Assessment of production losses due to water erosion in rainfed areas of India. J Soil Water Conserv 65(2):79–91 Sharda VN, Dogra P, Prakash C (2010b) Production and Monetary Losses due to Water Erosion in Rainfed Areas of India. Central Soil and Water Conservation Research and Training Institute, Dehradun, p 206 Sharda VN, Mandal D, Dogra P (2019) Assessment of cost of soil erosion and energy saving value of soil conservation measures in India. Indian J Soil Conserv 47(1):1–6 Sur HS, Singh R, Malhi SS (1998) Influence of simulated erosion on soil properties and maize yield in north-western India. Comm Soil Sci Plant Anal 29(17&18):2647–2658 UNEP (1992) World atlas of desertification. Edward Arnold, Sevenoaks, UK Vittal KPR, Vijayalakshmi K, Rao UMB (1990) The effect of cumulative erosion and rainfall on sorghum, pearlmillet and castorbean yields under dry farming conditions in Andhra Pradesh, India. Exp Agric 26:429–439 WRI (1998) World resources: a guide to the global environment 1998-99. WRI/UNEP/UNDP/ World Bank, New York Yadav SC, Sehgal JL, Vadivelu S (1993) UNDP Terminal Tech. Report on study of factors of land evaluation system. NBSS Publ. pp 73–100

Combating Soil Degradation: Some Policy Perspectives Milap C. Sharma and Satya Prakash

Abstract As a signatory to the United Nations Convention on Combating Desertification (UNCCD), India is mandated to achieve degradation neutrality status by 2030. Being a largely agriculture dependent economy, India has immense diversity as it encompasses over a dozen agro-climatic regions, spanning from the Great Himalayas to the coastal plains. A national level analysis (for 2011–2013 period) shows that ~29.3% of the Total Geographical Area (TGA) in India has been degraded. The multi-parameter analysis at micro-watershed scale has now been carried out to identify the causes of degradation in vulnerable regions for a sustainable combating plan. Under the auspices of the Union Ministry of Environment, Forest & Climate Change (MoEF&CC), various schemes and programs have been launched to combat the phenomena of land degradation. India is having a federal system, in which state governments have departments that are responsible for implementation of such national schemes. The execution of combating schemes at the grass-root level is done by the locally elected governing bodies such as the Zila Parishad (District Council) and the Panchayat (Village Council) under the watershed development plans, and restoration of the degraded lands through the MGNREGA etc. In view of this, a holistic national policy is indispensable towards arresting soil degradation as well as for ensuring the future requirement of food for the teeming millions. Keywords  UNCCD · Soil degradation neutrality · Institutional mechanism · Constitutional provisions · MGNREGA · Regenerate degraded land · Watershed management

M. C. Sharma (*) Centre for the Study of Regional Development, School of Social Sciences, Jawaharlal Nehru University, New Delhi, India e-mail: [email protected] S. Prakash Department of Geography, Government Degree College Nurpur, Kangra, Himachal Pradesh, India © The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 B. H. Desai (ed.), Soil Law and Governance in India, International Yearbook of Soil Law and Policy, https://doi.org/10.1007/978-3-031-32360-7_3

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1 Introduction Soil is a precious and non-renewable natural resource, where most of the biological activities take place.1 Once degraded, it is not possible to recover within a human lifetime. Soil degradation is a complex process and it is caused by natural and human-induced factors.2 It is a process that reduces the current and potential fertility ability of the land. Continuous increase in human and livestock populations with increase in infrastructure exerts enormous pressure on limited land resources.3 Soil degradation is one of the most severe environmental problems in India due to mismanagement of natural resources, massive human and livestock population.

2 State of Soil Degradation India accounts for approximately 2.5% of the world land area, supporting more than 17.5% of the world’s human population and about 20% of the world’s livestock population respectively.4 Soil degradation threatens agriculture sustainability due to erosion of fertile soil and destruction of the natural environment and biodiversity. Thus, management of these problem areas needs to be mainstreamed at the national level. The main institutions that have assessed soil degradation in India are, the National Commission on Agriculture (NCA), Society for Promotion of Wasteland Developments (SPWD), National Bureau of Soil Survey and Land Use Planning (NBSS&LUP), Ministry of Agriculture and Farmers’ Welfare, Soil Land Use Survey of India (SLUSI), Remote Sensing Agency (NRSA), and now Space application Centre, Ahmedabad (SAC, ISRO). In 2010, Indian Council of Agricultural Research reported that 120.4  mha (37%) of land was degraded which required appropriate attention for protection.5 The latest national-level analyses have been designated 29.3%6 and 36.6%7 of the geographical area in the country as degraded.  Bhan (2013), pp. 49–57.  Prakash et al. (2016), pp. 733–744. 3  Kopittke et  al. (2019), p.  105078; available at: 2 https://doi.org/10.1016/j.envint.2019.105078 (accessed on 30 August 2021). 4  Bhattacharyya et al. (2015), pp. 3528–3570. 5  MoA, Annual report of Ministry of Agriculture, 2017-18. Annual report, 2018, New Delhi; available at: http://agricoop.nic.in/sites/default/files/Krishi%20AR%202017-18-1%20for%20web.pdf (accessed on 30 August 2021). 6  SAC-ISRO, Desertification and Land Degradation Atlas of India (Based on IRS AWiFS data of 2011-13 and 2003-05), Desertification Atlas, June 2016; available at: https://www.sac.gov.in/ SACSITE/Desertification_Atlas_2016_SAC_ISRO.pdf (accessed on 30 August 2021). 7  NSL&UP, Draft copy on National Soil and Land Use Policy for serving farmers and safeguarding agriculture, Draft copy,10 July,2018, India; available at: http://naasindia.org/Documents/Draft%20 Soil%20and%20Land%20Use%20Policy.pdf (accessed on 30 September 2021). 1 2

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Appropriate institutional mechanisms and measures could halt or decrease the rate of degradation even under the conditions of increasing population pressure.8 In Vedic culture, environmental conservation was integral to the faith which linked with people’s everyday lives and was also protected in folklore, art, culture, and religion. During British period, Britain had emerged as a leader of deforestation but in 1864 they formed a forest department with the aim of forest resource management. Since independence, policy makers and planners in India have shown concerns for the productive use of land and other natural resources to attain sustainable growth. After independence, the land policy was one of the key components in the erstwhile Five-Year Plans (FYPs).

3 Constitutional Provisions Soil protection and management doesn’t get reference anywhere in the Indian Constitution. It did not directly deal with the issue of environmental (soil) conservation or pollution prevention until constitutional amendment in the year 1976.9 In this amendment Article 48A and 51A (g) were introduced in the constitution. In addition to the constitutional provisions, India has various programs and policies promoting sustainable management of land resources. The Indian Constitution provides the framework of nature conservation, without which a healthy and productive life would be difficult. There is a need of appropriate knowledge regarding the constitutional protections on environmental conservation to bring greater public involvement, understanding, and awareness to conserve the environment and ecology. According to the Seventh Schedule of the constitution, land is a state subject; issues concerning the prevention and restoration of land degradation have been specified in various national policies and institutions. In India, the three ministries responsible for land resource conservation and management are the Ministry of Rural Development (MoRD), the Ministry of Agriculture (MoA) and the Ministry of Environment, Forests and Climate Change (MoEF&CC). The Indian Constitution chapter on fundamental duties clearly imposes a duty on every citizen to protect the environment. Article 51-A (g), says that “It shall be duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.” Under the constitution of India, the directive principles are directed towards the ideals of building welfare state. One of the elements of welfare state is ‘healthy environment’. Article 48-A of the constitution mentioned that “the state shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country”.

 Tiffen et al. (1994).  Tiwari (2005).

8 9

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Article 21 of the Constitution guarantees fundamental right to life. It is inherent in right to the environment safe from the danger of disease and infection. The right to a healthy environment is an indispensable aspect of human dignity as a right to live. The right to live (as a part of Article 21 of the constitution) in a healthy environment was first recognized in the case of Rural Litigation and Entitlement Kendra vs. State (popularly known as Dehradun Quarrying case). It was the first of its kind case in India, involving environmental and ecological balance issues, in which the Supreme Court directed that extraction (illegal mining) be stopped under the Environment (Protection) Act, 1986. The public interest litigation10 led to a wave of judicial intervention in a host of environmental matters under Articles 32 and 226 of the Constitution. In a landmark environmental case, the Supreme Court of India directed the closure of quarries of limestone in the Dehradun region (Doon Valley case, AIR 1985 SC 652). These directions of the apex court considerably helped in protection from soil degradation in the fragile Himalayan region. Furthermore, the 74th Constitution Amendment Act (1992) proved to be a landmark for the land protection. This amendment facilitated urban and land use planning under the domain of self-governing urban bodies.

4 Soil Protection Policy Land policy is an important factor in human efforts to counter soil degradation and protect natural resources.11 In 1947, a need was felt to establish a centralized information warehouse to integrate, verify and disseminate information about the status, extent and distribution of soil in the country. Consequently, in 1956, the Government of India started the All-India Soil Survey Scheme, which was developed in 1959 as the AIS&LUS (All-India Soil and Land Use Survey Organisation). It was in 1973 reconstituted as a Directorate through a Presidential notification. In 1976, the Directorate was granted a Bureau status and designated NBSS&LUP with its headquarters in Nagpur, Maharashtra. It is one among the Indian Council of Agricultural Research (ICAR) and fourteen Natural Resource Management (NRM) institutes that are assigned to carry out research development and testing activities primarily in soil survey, mapping, land assessment, remote sensing applications, and land use planning. Subsequently, in 1986 Environment (Protection) Act was passed for environment protection and improvement from degradation. Under this act, authorities are empowered to take strict action against those who pollute the soil. India became a signatory to the UN Convention to Combat Desertification (UNCCD) on 14 October 1994 and ratified it on 17 December 1996. The MoEFCC is the nodal ministry accountable for coordinating all UN convention matters in India. The MoEFCC maps land degradation and desertification status under the

10 11

 For a detailed study, see Desai (1993), pp. 27–40.  Mythili and Goedecke (2016).

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National Natural Resources Management System (NNRMS) scheme with the collaboration of Space Application Centre (SAC), ISRO, Ahmedabad. Land degradation was mapped national level project on “Desertification Status Mapping of India, on 1:50,000 scale”. The Desertification Cell at the MoEF&CC, Government of India, represents India in UNCCD. It has created a multi-institutional mechanism for reporting to the UNCCD on the implementation of Indian programmes to combat desertification and land degradation. SAC of Indian Space Research Organisation (ISRO), Ahmedabad is collaborating with desertification cell of MoEF&CC to provide information of degraded land. SAC, along with 19 concerned Central/State government departments and academic institutes are actively involved in mapping different types of degraded land in the country. The National Forest and Eco-Development Board (NAEB) work under MoEFCC to control land degradation and deforestation in the country. MoEFCC National Natural Resources Management System also specified environmental protection with respect to forest cover, soil degradation. Sustainable Development Goal (SDG) 15 has also been listed in the battle against desertification, land degradation and reversal of degraded land by 2030. Details of policies, programmes, institutions, and acts to prevent soil degradation are given in Table 1.

5 Role of Local Institutions State initiatives are necessary to promote soil and water conservation technologies, such as management of watersheds, sprinklers, drip irrigation systems, etc. These water and soil conservation technologies are community-based and capital-­ intensive. Therefore, state needs to provide a favourable atmosphere to institutions for collective action and incentives for adoption.12 Thus, the Ministry of Rural Development started watershed projects during 1994 to 2001.13 In the project, specific emphasis was given on the problems of soil reclamation and integrated afforestation and eco-development projects. The Eleventh Schedule of the Constitution (Article 243-G) listed issues relating to land acquisition, implementation of land reforms, land consolidation, soil conservation, and watershed management under the jurisdiction of rural local authorities (Panchayat). In fact, at local and village level, under the constitution, Panchayats were empowered to take measures such as soil conservation, forestry and environmental protection, water management, and to promote the ecological aspect. Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) choice of works  Reddy (2003), pp. 4700–4713.  NDC, National Development council on agriculture and related issue on dryland/ rainfed farming/watershed development programmes, Report of the working group, December, 2006, New Delhi; available at: http://agricoop.gov.in/sites/default/files/NDCRPT.pdf (accessed on 30 September 2021). 12 13

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Table 1  List of policies, programmes, institutions, and acts to prevent soil degradation Initiatives Soil land use survey of India

Year 1958

Minister Ministry of Agriculture and Farmers Welfare

Soil Conservation Work in the Catchments of River Valley Projects & Flood Prone Rivers (RVP & FPR)

1962– Ministry of 1963 Agriculture

1972– Ministry of Drought-prone Areas Programme 1973 Rural Development (DPAP)

National Commission on Agriculture

1976

1976 National Bureau of Soil Survey and Land Use Planning (NBSS&LUP) 1977– Desert 1978 Development Programme (DDP)

Ministry of Agriculture

Ministry of Agriculture

Ministry of Rural Development

Salient features for control soil Degradation • Conducting soil survey • Development of soil information system • Soil, nutrient and land management • Increasing the quality of degraded land in river valley catchments. • Flood Prone Rivers is prevention of land degradation by adoption of a multidisciplinary integrated approach of soil conservation & watershed management in catchment areas. • Deals with specific problems of those vulnerable areas which are continuously affected by extreme drought • Reduce adverse effects of droughts on the productivity of land • Since 1995 the programme implemented on watershed basis • Fallow land sown with fast-growing plant and fodder tree to prevent soil erosion • Highest policy formulation and coordination department for all land use management issues in the country • Sand dune fixation and shelterbelt plantations were given more priorities in hot sandy desert regions. • In cold desert regions afforestation were taken up only through assured irrigation

Sources https://slusi. dacnet.nic.in/

NDC, 2006

https://dolr.gov.in/ drought-­prone-­ areas-­programme-­ dpap

NCA, 1976

https://www. nbsslup.in/ about-­institute. html https://dolr.gov.in/ desert

(continued)

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Table 1 (continued) Initiatives Integrated Watershed Management in the Catchments of Flood Prone Rivers (FPR) National Wastelands Development Board (NWDB) National Watershed Development Projects for Rainfed Areas (NWDPRA)

Year Minister 1980– Ministry of 1981 Agriculture

1985

Ministry of Rural Development

1985– Ministry of 1986 Agriculture

Ministry of Agriculture

Reclamation of Alkali Soils (RAS)

7th Five Year Plan

Watershed Development Project for Shifting Cultivation Areas (WDPSCA) Integrated Wasteland Development Programme (IWDP)

1987– Ministry of 1988 Agriculture

National Watershed Development Programme of Rainfed Areas (NWDPRA)

1989– Ministry of 1990 Rural Development (Department of Land Resources)

1990– Ministry of 1991 Agriculture

Salient features for control soil Degradation • Soil conservation • Treating watershed areas with adequate soil and water conservation initiatives, spreading more than one state. • Issue related to wasteland in the country

Sources NDC, 2006

https://dolr.gov.in/

NDC, 2006 • Conservation soil resources by various practices such as bundling, vegetative barriers, treatment of drainage lines, contour trenching, gully stabilization initiatives, water harvesting mechanisms, etc. NDC, 2006 • Restoration of alkaline-­ affected lands and improvement of soil quality by increasing salt tolerance crops and horticultural plantations NDC, 2006 • Implemented to reduce land degradation • On watershed basis protect the hill slopes of Jhum areas through soil conservation • Restoration of wastelands and degraded lands at micro watershed taking into account land capacity, local conditions and local needs • Sustainable development of land • Development of non-forest wastelands in the country • Conservation and utilization of land, • Development of degraded land

https://dolr.gov.in/ integrated-­ wasteland-­ development-­ programme

NDC, 2006

(continued)

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Table 1 (continued) Initiatives Department of Wastelands Development

Year 1992

Minister Ministry of Rural Development

National Forest Policy

1998

Department of Land Resources

1999

Ministry of Environment and Forests Ministry of Rural Development

National 2000 Agriculture Policy

Ministry of Agriculture

National Rainfed Area Authority

2006

Ministry of Agriculture

Integrated watershed management programme (IWMP)

2009

Ministry of Rural Development

National Agroforestry Policy National Soil and Land Use Policy

2014

Ministry of Agriculture and farmers Welfare Ministry of Agriculture and farmers Welfare

2018

Salient features for control soil Degradation Sources https://dolr.gov.in/ • Renamed Department of Land Resources • Bringing wastelands into productive land use in the country through a large forestry and tree plantations programme. • Prevent land degradation NFP, 1998 and soil erosion • Sustainable development of degraded land through integrated watershed management methods. • Development of rainfed areas, degraded and wastelands • Identification of rain-fed areas in different States • Coordinating with agricultural and wasteland development programs implemented in the country’s rain-fed areas. • Conserving and developing degraded soil resources • Prevention of soil run-off, soil loss. • disperse soil and water erosion and surface run-off • improve soil health and tilth • Soil and biodiversity conservation through plantation • To stop soil and land degradation towards neutrality of land degradation

https://dolr.gov.in/

Dhoot, S. 2006.

http://nraa.gov.in/

http://megsoil.gov. in/iwmp/ IWMP%20 Batch-­I%20RB. pdf

NAP, 2014

Draft on NS&LUP, 2018

suggested in the act addresses deforestation and soil erosion. At the village level, several soil conservations projects have been started under the MGNREGA, such as land development (Bhumi Sudhar) (Fig. 1), check dam, earthen dam, graded bund, gabion structures, staggered contour trench, continuous contour trench, diversion channel, afforestation and plantation. In future these programs will contribute to sustainable soil resource management in the country.

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Fig. 1  Retaining walls to prevent soil degradation under RVP & FPR (a, b) and MGNREGA (c, d)

The Forest Department, ever since, has a conservator of soil, at district and local level. At local level forest department prevent soil degradation and conserve water under RVP & FPR centrally sponsored schemes of Ministry of Agriculture and Farmers Welfare (Fig.  1). From 1.04.2000 the Government of India (Ministry of Agriculture) clubbed all 27 Central Sponsored Schemes under Macro Management Mode. At the local level Forest and Agriculture Department is jointly planning and implementing these centrally funded schemes and forest department serving as Nodal Agency for the RVP and FPR Schemes.

6 Efforts to Re-Generate of Degraded Lands Systematic research at National Research Centre for Agro-Forestry (NRCAF), Jhansi and its coordinating centre throughout the country led development of some of the promising technologies for degraded land/wasteland. These technologies will be very much useful for farmers, orchardists, horticulture department, pharmaceutical company, NGO, plantation companies, and  watershed functionaries etc. At ground level watershed management programme was launched to conserve water resources and prevent soil degradation. The programme was focused on the treatment of flood-prone rivers catchment areas of selected river valley projects.

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Watershed programmes such as DPAP, DDP, and IWDP were implemented in India for conservation soil and reverting land degradation. The watershed programme was  carried out in desert, rain-fed and drought prone areas. Local peoples were actively involved in the watershed’s development programmes because indigenous understanding of local environmental conditions and resources to conserve land resources. DPAP is the earliest area development programme launched Government of India in 1973–1974 to address the specific problems faced by vulnerable areas that are continuously affected by severe conditions of drought. Conservation of soil erosion is a one of the major objectives. Since 1995–1996 DPAP adopted watershed approach till 2005–2006 to promote overall development of the programme area. From 1995–1996 to 2005–2006, 27439 projects were sanctioned to treat 121.82 lakh hectares land for which about 3582.5 crore funds released. The year-wise details of projects sanctioned and funds from 1995–1996 to 2009–2010 are given in Table 2. DDP was started in 1977–1978 with the major objective of mitigating the adverse effects of desertification. Since the adoption of watershed approach from 1995–1996 to 2009–2010, 15746 projects were sanctioned to treat 35.31 lakh hectares and 2744.5 crore funds released. NWDB was established under the Ministry of Forests and Environment in 1985 primarily to address the problem of land degradation. In 1992, a separate Department of Wastelands Development was formed in the Ministry of Rural Development by transferring the NWDB from the Ministry of Environment and Forests. In 1999, the designation of the Department of Wastelands Development (DoWD) was changed to the Land Resources Department (DoLR) to serve as the national nodal agency in the field of land resources. In 1989–1990, the NWDB had been started as the IWDP in the Ministry of Environment and Forests and IWDP was transferred to the Ministry of Rural Development in July 1992. The primary objectives of the project are developing degraded lands and soil conservation on watershed basis. From 1995–1996 to 2009–2010, 1877 projects were sanctioned and 3797.1 crore funds released. In 2008, on the basis of recommendations of Hanumantha Rao Technical Committee, Department of Land Resources, Government of India had started IWMP. In 2008 as per the Common Guidelines DPAP, DDP and IWDP were integrated as IWMP for optimal use of resources, sustainable results, and integrated planning. The programme was implemented on a watershed level by a multidisciplinary team of the state governments. Multidisciplinary team includes organization of Watershed Community into User Groups (UG), Self Help Groups (SHG), Watershed Committee (WC), Watershed development team (WDT) and Watershed Association (WA). The main objectives of IWMP are to restore ecological balance and prevent soil erosion. From 2009–2010 to 2019–2020, 1814 projects were sanctioned to treat 39.1 million hectares, and 18429.4 crore fund released earmarked for the purpose. The year-wise details of projects sanctioned and funds from 2009 to 2020 are given in Table 2. After 2015, IWMP is implemented as Watershed Development Component of Pradhan Mantri Krishi Sinchayee Yojana (WDC-PMKSY). The WC is formed by Gram Sabha to execute the project at village field level.

2001– 2002 125

2002– 2003 49

2003– 2004 190

2004– 2005 221

Sources: Annual reports of Ministry of Rural Development, Government of India

Year No. Of Projects Fund (Rs. 1.8 8.5 36.2 50.3 75.9 121.2 167.9 208 306.2 334.4 in Crores) Note: No new projects were sanctioned under IWDP during 2007–2008, 2008–2009 & 2009–2010 Year-Wise Projects Sanctioned Under DPAP No. Of 4523 280 406 880 2278 3381 2052 2478 2535 2550 Projects Fund(Rs. 118.9 110 100.8 73 95 190 209.5 250 295 300 in Crores) Note: During 2007–2008, 2008–2009 & 2009–2010, no new projects have been sanctioned Year-Wise Projects Sanctioned Under DDP No. Of 1693 65 36 400 1500 1659 1359 1602 1562 1600 Projects Fund(Rs. 101 65.4 70 79.8 85 135 149.9 185 214.8 215 in Crores) Note: No new projects sanctioned during 2007–2008 & 2008–2009 Year-Wise Projects Sanctioned Under IWMP 2009– 2010– 2011– 2012– 2013– 2014– 2015– 2016– 2017– 2018– 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 No. Of 1324 1865 1898 1066 1051 1010 Projects Fund (Rs. 501.5 1496.8 1865.9 2720.5 2162.8 2284.6 1487.8 1471.7 1691.8 1780.6 in Crores)

Year-Wise Projects Sanctioned Under IWDP 1995– 1996– 1997– 1998– 1999– 2000– 1996 1997 1998 1999 2000 2001 8 19 45 48 73 107

3076 359

2270 270

3000 353.2

2000 268

965.3

2019– 2020

484.3

486.3

265.4

0

383.5

0

516.5

396

0

448.3

0

670.8

244.3

0

296.3

0

328.7

18429.4

8214

2744.5

15746

3582.5

27439

3797.1

Total 2005– 2006– 2007– 2008– 2009– 2006 2007 2008 2009 2010 497 495 0 0 0 1877

Table 2  Year-wise details of projects sanctioned and fund earmarked under IWDP, DPAP, DDP and IWMP

Combating Soil Degradation: Some Policy Perspectives 65

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To minimize land degradation, the Watershed Development Project for Shifting Cultivation Areas (WDPSCA) was implemented in north-eastern states and other states where shifting cultivation prevails. The project’s key objectives are to protect hill slopes of shifting cultivation areas on a watershed basis through soil and water conservation measures and to mitigate further land degradation. Watershed Development Fund (WDF) was established (1999–2000) with funding from the National Bank for Agriculture and Rural Development (NABARD) to attain the objective of minimum soil degradation. WDF primary objective is to unify multiple watershed planning initiatives into a single national initiative by involving village-­ level institutions and facilitators of projects.

7 Conclusion In India, various policies and programmes have been implemented to prevent soil/ land degradation. The country's soil protection programmes have provided considerable experience in the treatment of different types of degraded land within the country. At national level desertification cell of MoEF& CC provide information of degraded land. Once degraded land has been identified, policies must be implemented to stop the process of degradation. Therefore, all collected information of degraded land at national level helps MoEF&CC, Ministry of Rural development, and Ministry of Agriculture and Farmers’ Welfare to implement soil related policies and control soil/land degradation. These ministries are implementing soil conservation initiatives at ground level through different departments. MGNREGA and watershed management programmes are playing significant role in the protection of soil resources at the ground level, with active involvement of local people. Most of MGNREGA works are related to soil conservation, therefore in future convergence between MGNREGA and IWMP/PMKSY, is essential and mutually beneficial. From 1995–1996 to 2019–2020, 53276 projects were sanctioned with total funds of 28553.4 crores for watershed management and soil conservation under the IWDP, DPAP, DDP, and IWMP. Despite a number of measures undertaken by the Government of India, soil degradation remains a serious issue and challenge in the country. A combination of research, experience, and institutions effective involvement is needed to reduce soil degradation. It will help in improvement of soil quality and achieve the target of land degradation neutrality by 2030.

References Bhan S (2013) Land degradation and integrated watershed management in India. Int Soil Water Conserv Res 1(1):49–57

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Bhattacharyya R et  al (2015) Soil degradation in India: challenges and potential solutions. Sustainability 7(4):3528–3570 Desai BH (1993) Enforcement of the right to environment protection through public interest litigation in India. Indian J Int Law 33:27–40 Kopittke PM et  al (2019) Soil and the intensification of agriculture for global food security. Environ Int 132:105078 Mythili G, Goedecke J (2016) Economics of land degradation in India. In: Nkonya E et al (eds) Economics of land degradation and improvement – a global assessment for sustainable development. Springer Prakash S et al (2016) Mapping and assessing land degradation vulnerability in Kangra district using physical and socio-economic indicators. Spat Inf Res 24(6):733–744 Reddy VR (2003) Land degradation in India: extent, costs and determinants. Econ Polit Weekly 38(44):4700–4713 Tiffen M et al (1994) More people, less erosion: environmental recovery in Kenya. Wiley, London Tiwari HN (2005) Environmental law. Allahabad Law Agency, Allahabad

Part III

Existing Legal Framework

Protection and Conservation of Soil: A Legal Perspective Sairam Bhat, Raghav Parthasarathy, and S. Aparna

Abstract  Soil health is a key factor for protecting agricultural income and ensuring food security. Rapid urbanisation and intensive farming have impacted agriculture and the green belt. Soil conditions are also adversely aggravated by the quality of irrigation water. The deteriorating quality of soil has been a major concern for a long time. Reasons for reduction in soil fertility can be attributed to extractive farming practices involving higher use of chemicals and burning of crop residues which results in desertification. The absence of land laws which provides for a governing framework for the conservation of the top soil, maintenance of soil quality, mitigating erosion and for addressing fertility issues has aggravated the challenge. Though land and agriculture are State subjects, the Government of India has taken cognizance of these issues by adopting policies and schemes for soil health management. The authors in the paper attempt to analyse the law, policy and institutional framework, including the applicability of environmental doctrines such as the ‘precautionary principle’ ‘polluter pays’ and ‘public trust doctrine’ to ensure soil sustainability for ameliorating soil health. Keywords  Soil conservation · Soil health management · Polluter pays principle · Precautionary principle · Public trust doctrine · Genetically modified crops

1 Introduction Soil is the thin crust of our earth replete with the remains of civilizations which have used it to plant and grow the vital nutrients essential for life. Soil, being a mixture of rock debris and other organic materials, develops on the surface of earth over a period of time supporting life and life forms. The future of living organisms’ rests on the soil beneath our feet and the way it is preserved. Soil conservation principles S. Bhat (*) · R. Parthasarathy · S. Aparna National Law School of India University, Bengaluru, India e-mail: [email protected] © The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 B. H. Desai (ed.), Soil Law and Governance in India, International Yearbook of Soil Law and Policy, https://doi.org/10.1007/978-3-031-32360-7_4

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and concepts are as old as democracy itself, because they can be traced to the ancient Roman times. The State regulations during those days reveal how the farmers looked after their land to prevent damage to neighbouring lands due to soil erosion and loss of fertility.1 Soil, along with rivers, seashores and forests were considered to be either owned by everyone (res communis) or owned by none (res nullius). In this way, the State looked after these resources through their well-integrated body of law. 2 It is important to note that air and water pollution in India can often be curbed to a large extent by promoting sustainable agricultural practices for maintaining the soil health.3 In addition, maintenance of soil health and land management can have positive impact on issues of drought and desertification.4 In fact, Sadhguru’s ‘Save Soil’ campaign, which has garnered international recognition, has targeted bringing about changes in the national level policies for soil regeneration.5 It places particular emphasis on restoring 3–6% organic content in lands used for agriculture.6 However, an ambiguity may arise with respect to whether the Centre or the States would be the appropriate authority for regulating matters with respect to soil. While matters regarding soil would broadly fall within the ambit of the State List as matters concerning agriculture,7 water8 and land9 fall within its domain under the Seventh Schedule, the power to regulate imports10 would fall within the purview of the Centre. Therefore, it would be the Central laws that govern imported materials such as seeds, crops and fertilisers that have the potential to impact the quality of the soil. Additionally, responsibility has also been fixed on Panchayats to undertake functions with respect to soil conservation.11 In view of this, the authors aim to analyse soil protection through a legal lens by dividing this paper into 4 parts. Firstly, the authors highlight the need for conserving soil in India by analysing the socio-economic and legal reasons. Secondly, the authors analyse the different laws, policies and institutional frameworks present in India for conserving soil and analyse the same by applying environmental doctrines. Thirdly, the authors specifically  Milde (1950), p. 192.  Res Nullius and Res Communis. System and Law; available at: http://systemandlaw.weebly.com/ res-nullius-and-res-communis.html (accessed 08 February 2021). 3  Sadhya et al. (2020); available at: https://nlsenlaw.org/impact-of-agricultural-activities-on-watercontamination-and-pollution-analysing-the-existing-central-regulatory-framework-to-counter-­­ agricultural-water-pollution/ (accessed 08 February 2021). 4  Art. 4, United National Convention to Combat Desertification (UNCCD). 5  ‘Save Soil’ campaign: Sadhguru to address leaders from 195 nations at UNCCD. The Indian Express. 5 May 2022; available at https://indianexpress.com/article/india/sadhguru-speech-global-­ leaders-unccd-save-soil-7902821/ (accessed on 28 August 2022). 6  Ibid. 7  Entry 14, List II, Seventh Schedule, Constitution of India, 1950. 8  Entry 17, List II, Seventh Schedule, Constitution of India, 1950. 9  Entry 18, List II, Seventh Schedule, Constitution of India, 1950. 10  Entry 41, List I, Seventh Schedule, Constitution of India, 1950. 11  Entry 2, Eleventh Schedule, Constitution of India, 1950. 1 2

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focus on the Genetically Modified (GM) crop issue prevalent in India in the backdrop of soil conservation. Fourthly, the authors suggest reforms and approaches which can be incorporated into the Indian legal and policy system in order to ameliorate and protect soil health.

2 Need for Soil Conservation in India Healthy soil is the foundation of an overall growth in agriculture. Different forms of agriculture, forestry, wildlife, etc., depend on the presence of healthy and fertile soil. For developing countries in particular, which rely heavily on agriculture for their economy, soil health turns out to be one of the most paramount requirements. India, being one among them, actually employs almost 41.5% of its workforce in agriculture, 12 and this sector itself contributes to almost 17.8% of the country’s total GDP. 13 These statistical data demonstrate the importance of agriculture to the Indian economy and to the general livelihood of almost half of the population. Maintaining healthy soil is an integral part of Indian agriculture as it is a prerequisite for ensuring better quality and quantity of yields, better livelihood for farmers, and better produce for the consumers. In T.N Godavarman Tirmulpad v. Union of India14 the Supreme Court of India observed that conservation and maintenance of soil is one of the key elements for ensuring ecological, economic and social sustainability. In spite of healthy soil playing such a major role in the Indian state, there is no legislation which governs soil health. In recent years, various agricultural practices prevalent in India have had adverse impacts on the health of soil across the country. Monocropping is a practice of growing a single crop year after year on the same plot of land. This practice degrades the soil of its natural nutrients, minerals and its organic matter.15 Mechanical tilling and the use of heavy agricultural equipment can lead to soil compaction, which results in poor water absorption and retention as well as poor aeration, leading to soil erosion.16 A common factor visible in these practices is that they are aimed at industrialising agricultural production in India. These practices then cause a  Distribution of the workforce across economic sectors in India 2020. Statistica, 20 October 2020; available at: https://www.statista.com/statistics/271320/distribution-of-the-workforceacross-­economic-sectors-in-india/#:~:text=In%202020%2C%2041.49%20percent%20of,the%20 main%20sector%20of%20employment (accessed 08 February 2021). 13  Sector-wise GDP of India. Statistics Times, 4 January, 2021; available at: http://statisticstimes. com/economy/country/india-gdp-sectorwise.php#:~:text=Sector%2Dwise%20GDP%20of%20 India&text=The%20services%20sector%20accounts%20for,183.43%20lakh%20crore%20 Indian%20rupees.&text=50.40%20lakh%20crore%2C%20the%20Industry,and%20allied%20 sector%20share%2017.76%25 (accessed 08 February 2021). 14  AIR 2005 SC 4256. 15  ‘How Industrial Agriculture Affects Our Soil’ (Food Print); available at: https://foodprint.org/ issues/how-industrial-agriculture-affects-our-soil/ (Accessed 10 February 2021). 16  Ibid. 12

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cascading effect which then necessitates an increased use of fertilizers such as nitrogen, phosphorous, potassium and pesticides for increasing the fertility levels.17 Soil health is an indicator which helps in determining the quality of soil. Soil health and desertification are inextricably linked. However, there have been no periodic scientific assessments which are conducted for ascertaining the nature and extent to which soil erosion and land degradation have been occurring in India. 18 According to the data published by National Academy of Agricultural Sciences in association with the Indian Council for Agricultural Research in 2010, soil erosion in India amounted to 92.4 million hectares of cultivable land.19 One of the major causes of desertification is land degradation. Land degradation is mainly caused due to extreme weather like drought and overuse of land. Due to increase in population, the requirement for food and supplies are growing which requires more land for cultivation, which has resulted in an increased conversion of forest lands for agricultural purposes.20 India has ratified the UN Convention to Combat Desertification (UNCCD) in 1996 which has been brought about to address the issue of desertification and for contributing towards mitigation of the aftermath of droughts. During the 14th edition of the Conference of Parties, India has committed to achieving a target of ‘land degradation neutrality’ by 2030.21 For this purpose, India has sought to engage in interventions aimed at enhancing land productivity, sustainable management of water sources and amelioration of organic carbon stocks in soil. Land degradation can also be caused as a consequence of soil erosion and deforestation for agricultural activities, overgrazing and usage of chemicals.22 The Green Revolution in the 1960s has also catalysed land degradation.23 This revolution enabled the farmers to use various Western techniques of chemical fertilizers, pesticides and high-yielding variety (HYV) seeds which were available at low prices. This resulted in the farmers using them extensively and indiscriminately for over five decades, causing more than half of the country’s cultivable land to become saline.24 In the same way, since HYV seeds were available for a lesser price, farmers  Ibid.  Survey on Soil Erosion, Press Information Bureau, 29 March, 2022, available at https://pib.gov. in/PressReleasePage.aspx?PRID=1810912 (accessed 20 August 2022). 19  Ibid. 20  Climate change: Land degradation and desertification, World Health Organization, 26 October 2020, available at https://www.who.int/news-room/q-a-detail/climate-change-land-degradationand-­desertification (accessed 08 February 2021). 21  ‘PM delivers keynote address at the UN ‘High-Level Dialogue on Desertification, Land degradation and Drought’, Press Information Bureau, 14 June 2021, available at https://pib.gov.in/ PressReleasePage.aspx?PRID=1727045 (accessed 24 August 2022). 22  Mirzabaev et al. (2019) available at: https://www.ipcc.ch/site/assets/uploads/sites/4/2019/11/06_ Chapter-­3.pdf (Accessed 25 February, 2021). 23  Singh (2021); available at: https://www.downtoearth.org.in/blog/environment/desertification-in-­ india-how-green-revolution-hastened-the-man-made-soil-degradation-75859 (accessed 08 February 2021). 24  Rahman (2014), p. 75. 17 18

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started growing only these crops (monocropping) and completely discarded their traditional and indigenous crops and practices in expectations of high yields every year, notwithstanding the adverse effects on the natural fertility and condition of the soil. 25 In addition to these practices, the practice of stubble burning has also been a major menace in Indian agriculture. In order to quickly eliminate the remaining straw and stubble on the ground after harvesting, farmers usually burn them. This stubble burning severely deteriorates the soil’s organic content, essential nutrients and microbial activities, all of which reduce the fertility and productivity of soil.26 Soil health has significant impact on the health and safety of the public. Many of the aforementioned agricultural practices which deteriorate the soil cause various other forms of pollution, which are detrimental to the health. Excessive use of chemical fertilizers, pesticides and herbicides cause water pollution to not only surface water bodies but also to underground water sources.27 The stubble burning in agricultural lands in Punjab and Haryana regions is one of the major sources of air pollution in the Delhi NCT regions.28 Ingesting crops grown in such excessively fertilised fields, drinking water from such polluted water bodies, production of animal meat from such contaminated water sources and breathing such polluted air can have detrimental impact on the health of the people ranging from minor breathing or digestion problems to extreme conditions like Alzheimer’s, diabetes, cancer and even death.29 Therefore, it can be clearly inferred that soil protection through sustainable agricultural practices is an extremely imperative activity which the state should proactively engage in. Unsustainable agricultural practices have not only minor impacts such as bad yields but also large-scale consequences on lives and health of the people as well as the economy. Activities related to construction, agriculture and mining are all vital and unavoidable for human existence. But ensuring that these activities are carried out in an ecologically sustainable manner poses formidable challenges. For instance, bricks, which are crucial for any construction activities are manufactured in brick kilns, which are mostly situated on fertile agricultural lands. For the manufacture of bricks, the fertile topsoil is used which results in depletion of soil nutrients and

 Green revolution turned soil infertile. The Hindu. 26 September, 2009; available at: https://www. thehindu.com/sci-tech/agriculture/lsquoGreen-revolution-turned-soil-infertilersquo/article16883597.ece (accessed 08 February 2021). 26  Reddy (2020); available at: How Can We Solve the Problem of Stubble Burning? – The Wire Science (accessed 13 October 2022). 27  Keena et al. (2022); available at: Environmental Implications of Excess Fertilizer and Manure on Water Quality | NDSU Agriculture and Extension (accessed 13 October 2021). 28  Johnson (2019); available at: Burning Crops Are a Top Source of Air Pollution in India, Study Finds - Yale E360 (accessed 13 October 2021). 29  Khiatah, Bashar. The Health Impacts of Chemical Fertilizers. Amos Institute; available at: https:// amosinstitute.com/blog/the-health-impacts-of-chemical-fertilizers/ (accessed 11 February, 2021); Air pollution now biggest health risk in India, says report, The Hindu, 22 October, 2020; available at: https://www.thehindu.com/news/cities/Delhi/air-pollution-now-biggest-health-risk-in-india-­ says-report/article32912916.ece (accessed 08 February 2021). 25

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reduced crop yield.30 It also degrades the physical, chemical and biological properties of the soil and causes a reduction in the fertility of the soil.31 In a recent decision in Hanuman Laxman Aroskar v. Union of India,32 while allowing Environmental Clearance for the construction of a greenfield airport at Mopa Goa, the Supreme Court relied extensively on the report submitted by the Expert Appraisal Committee which highlighted loss and fragmentation of habitats, increased soil erosion and the detrimental impact on food supply as causes of concern to the soil environment. Notably, the Court directed that adequate measures should be taken on a priority basis so as to prevent soil erosion. It further directed that mechanical and bioengineering methods should be adopted for conservation and stabilisation of soil. Similarly, pursuant to Delhi High Court’s direction in Centre for Public Interest Litigation v. Union of India,33 the erstwhile Ministry of Environment and Forests issued a notification requiring all persons coming within the ambit of 50 km radius of any coal or lignite based thermal power plant to manufacture clay bricks only after at least 25% of fly ash is mixed with it.34 Failure to adhere to this stipulation would lead to a cancellation of the consent order which was granted for the establishment of the kiln. This notification was enacted so as to curtail the use of topsoil in the manufacturing of bricks. In 2016, the Ministry extended the coverage of the notification by stipulating that all persons within the radius of 300 km of thermal power plants would have to comply with the requirement to use fly ash instead of soil.35 Sand is another key component of construction activities and is one of the most extracted natural resources. With the rapid increase in urbanisation and population, the demand for sand has been exacerbated. Sand being interconnected with the soil and water; mining of sand has detrimental impact on the health of the soil. Rampant sand mining results in loss of land through erosion of river and coastal areas and lowers the sediment supply.36 It causes degradation of soil, decrease in its quality and soil erosion.37 For the purpose of regulating sand mining, the Ministry of Environment, Forests and Climate Change (MoEF&CC) has issued a set of guidelines called ‘Sustainable Sand Mining Management Guidelines, 2016’. This

 Kathuria and Balasubramanian (2013), pp. 171–201.  Ibid. 32  (2020) 12 SCC 1. 33  CWP No. 2145/99, High Court of Delhi. 34  Notification on the excavation of top soil for manufacture of bricks and promoting the utilisation of fly ash, paragraph 1, Ministry of Environment and Forests, Notification, 14 September 1999; available at: showfile (indiacode.nic.in) (accessed on 13 October 2022). 35  The Fly Ash Notification, 25 January 2016, Ministry of Environment, Forests and Climate Change; available at: Fly Ash Notification_as amended_25.01.2016.pdf (cgg.gov.in) (accessed on 13 October 2022). 36  Filho et al. (2021), p. 3356; https://doi.org/10.3390/su13063356, 18 March 2021; available at: Sustainability | Free Full-Text | The Unsustainable Use of Sand: Reporting on a Global Problem (mdpi.com) (accessed on 13 October 2022). 37  Ibid. 30 31

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Guideline enumerates the approach that is to be taken for a sustainable mining of sand. This includes mining sand only from locations which experience deposition or aggradation, confining extraction during dry seasons, calculating the layers of sand that can be excavated depending on the width and rate of replenishment of the river, avoiding extraction from areas such as concave banks where potential for erosion is high etc.38 In 2020, the MoEF&CC issued the ‘Enforcement & Monitoring Guidelines for Sand Mining.’ This calls for preparation of district survey reports, a plan for sand mining and conducting a replenishment study for riverbed sands.39 Moreover, it also endorses the proposal for online sale of sand so as to reduce sand mining, initiated under the Sand Mining Framework, 2018 released by the Ministry of Mines.40 However, apart from these Guidelines, which are persuasive at best, we do not have strict legal mandates regulating such activities which have significant ramifications for soil health. Thus, introduction of legal provisions for catering to soil conservation is crucial. Apart from a standalone legislation for the same, measures can also be devised in existing legislations that address environmental concerns which would simultaneously aid in soil conservation. For instance, the capacity of wetlands for water retention and keeping water tables high even during dry seasons is well known. The immediate consequence of activities such as agriculture, overgrazing and deforestation is obliteration of the water-holding capacity of soil, which increases the rate of soil erosion. Thus, a robust programme for wetland conservation would also simultaneously help in ensuring preservation of the water-holding capacity of adjacent soils, thereby facilitating soil health management.

3 State Action in Preservation of Soil There have been numerous policies, programmes and directions enacted by the Union and State executives for conserving soil as a natural resource through sustainable agricultural practices. The Supreme Court, High Courts and the National Green Tribunal have also issued guidelines and directions aimed at conserving soil. These policies, programmes and guidelines can be analysed in the backdrop of the different environmental principles, namely, the Polluter Pays Principle, Precautionary Principle and Public Trust Doctrine. These principles have evolved through jurisprudence in Environmental Law.

 Ministry of Environment, Forests & Climate Change (2016), Sustainable Sand Mining Management Guidelines, 2016, p. 14; available at: BOOKLET.p65 (moef.gov.in) (accessed on 13 October 2022). 39  Ministry of Environment, Forests & Climate Change (2018), Enforcement & Monitoring Guidelines for Sand Mining, 2018, pp.  13–27; available at: EM_Guidelines_Sand-Mining.pdf (moef.gov.in) (accessed on 13 October 2022). 40  Ibid, p. 36. 38

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The Polluter Pays Principle, which essentially states that the party at fault for causing pollution should pay for restoring the environment,41 was first applied in the case M.C. Mehta vs. Union of India,42 and after being upheld in subsequent cases, has become one of the primary doctrines in environmental pollution cases. With regards to soil pollution, this principle was applied in the case of Indian Council for Enviro-Legal Action vs. Union of India,43 where the Supreme Court held a chemical factory responsible for polluting the soil and ordered it to pay for restoring the soil to its initial condition. Another such principle is the Precautionary Principle, which essentially states that any new innovation or activity with the potential to cause environmental harm must be stopped or at least approached with extreme caution.44 This principle was first established in the Indian legal system in the case, Vellore Citizens Welfare Forum v. Union of India,45 where the court invoked the principle to issue notice against industries asking them to show cause as to why they should not be held liable for causing water pollution. The Precautionary Principle can also be extended to soil conservation for putting a curb on activities and innovations that do not have adequate scientific data about their environmental impact.46 In addition to these two, there is the Public Trust Doctrine which was first enunciated in the case of M.C. Mehta v. Kamal Nath.47 This doctrine postulates that the State will hold the various environmental resources in trust for the benefit of the public and ensure that they retain their natural characteristics.48 Among the three principles, it is the Public Trust Doctrine which would be most suitable for protecting and conserving the soil from the polluting agricultural practices. This shall be elucidated through an analysis of the existing laws and policies governing soil conservation and soil health management.

 Chopra (2017); available at: https://www.mondaq.com/india/clean-air-pollution/645232/ polluter-­pays-principle (accessed 08 February 2021). 42  AIR 1987 SC 1086. 43  AIR 1996 SC 1446. 44  Jamwal (2020); available at: https://india.mongabay.com/2020/08/commentary-precautionary-­ principle-and-its-tryst-with-the-indian-judiciary/ (accessed 08 February 2021). 45  AIR 1996 SC 2715. 46  More (2019); available at: https://thefactfactor.com/facts/law/civil_law/environmental_laws/ precautionary-principle/1498/#:~:text=Indian%20Legal%20System%20%3E%20Civil%20 Laws,Laws%20%3E%20Sustainable%20Development%20%3E%20Precautionary%20 Principle&text=Thus%20the%20precautionary%20principle%20states,not%20a%20reason%20 for%20inaction (accessed 08 February 2021). 47  (1997)1SCC388. 48  Goswami (2016), p. 67. 41

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3.1 Central Laws, Policies and Schemes Even though there is no law which exclusively deals with the aspect of prohibition of soil pollution, some of the existing laws, rules and regulations can be invoked for protecting soil health and preventing its pollution. For instance, under the Seeds Act, 1966, the Central Government has the power to notify different kinds of seeds and their varieties for the purpose of regulating their quality.49 It can also prescribe the threshold limits for germination and purity that seeds are supposed to possess.50 A non-adherence to these conditions would entitle the Government to impose restrictions on the import, export and sale of seeds.51 Additionally, the Seeds Control Order, 1983 mandates obtaining licence for the import, export and sale of seeds.52 It also requires dealers of seeds to conform to the standards that have been prescribed for that particular kind or variety under the Seeds Act.53 Under the Fertilizer (Control) Order, 1985, it has been stipulated that the business of selling fertilizers can only be undertaken by registered dealers.54 A mixture of fertilizers can be manufactured only according to the standards prescribed under the Order and subject to possession of a certificate allowing the same.55 Thus, there is a blanket embargo on selling, offering, stocking, exhibiting or distributing any fertilizer which does not meet the prescribed standards or is adulterated. With effect from 2021, standards have also been prescribed for the manufacture and import of bio-stimulants which are used to improve the quality, growth and efficiency of crops.56 The Insecticides Act, 1968 also mandates registration for the manufacturing and importing of insecticides.57 This is conditional on the requirement that it is safe for human beings and animals, failing which there is a blanket prohibition on manufacture or import of such insecticides.58 The Act also forbids the manufacture and import of insecticides that are misbranded or which vary from the conditions under which it was granted a registration or which contravenes the stipulations under the Act.59 The Plant Quarantine (Registration of Imports into India) Order, 2003 lays down conditions for the import of plants and plant products, soil and germplasms,

 Seeds Act, 1966, Section 5.  Ibid, Section 6. 51  Ibid, Section 17. 52  Seeds Control Order, 1983, Clause 3. 53  Ibid, Clause 8A. 54  Fertizer (Control Order), 1985, Clauses 7 & 8. 55  Ibid, Clause 13. 56  Fertilizer (Control) Order, 2021, Clause 20C. 57  Insecticides Act, 1968, Section 9. 58  Ibid, Sections 9 and 27. 59  Ibid, Section 17. 49 50

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transgenic or genetically modified organisms.60 For the importing of plants and plant products, a valid permit has to be obtained under the Order and a Pest Risk Analysis also has to be completed, in which the economic and environmental impact of their introduction is critically analysed.61 A Phytosanitary Certificate has to be obtained from the country from which they are being imported and they cannot be contaminated with other ‘noxious’ seeds or pests.62 Similarly, for the import of genetically modified organisms, there needs to be a valid permit from the National Bureau of Plant Genetic Resources.63 For the import of live-insects, microbial cultures and bio-control agents, Plant Protection Authority has to grant a permit.64 One major programme brought about by the government, aimed at sustaining agriculture and conserving soil health is the National Policy for Management of Crop Residue (NPMCR).65 This policy offers various alternative methods by which the farmers could get rid of the crop stubble without burning the same, like the Happy Seeder Machine, Rotavator, Zero Till Seed Drill, Baler and Paddy Straw Chopper.66 From 2014–2015, the National Mission for Sustainable Agriculture has been in operation, which aims to improve agriculture through integrated and composite farming systems, soil and moisture conservation techniques and soil health management.67 The Mission envisages promotion of soil health by encouraging ‘Integrated Nutrient Management’ which is to be achieved through a liberal use of chemical fertilisers along with bio-fertilizers and organic manure.68 It also aims at improving facilities for soil and fertilizer testing so as to deliver better recommendations to farmers for enhancing the fertility of soil.69 Along with this, the government is introducing various other subsidy schemes whereby it is trying to incentivise the farmers to give up this practice of burning the stubble and instead opt for more ecological methods. Another similar programme introduced by the Central government is the Soil Health Card Scheme. 70 Under this, the government would issue soil cards

 The Plant Quarantine (Registration of Imports into India) Order, 2003, Clause 3.  Ibid. 62  Ibid, Clause 3 and 8. 63  Ibid, Clause 6. 64  Ibid, Clause 7. 65  National Policy for Management of Crop Residue, Government of India, Ministry of Agriculture, Department of Agriculture and Cooperation (Natural Resource Management Division), New Delhi, November, 2014; available at: https://agricoop.nic.in/sites/default/files/NPMCR_1.pdf (accessed 08 February 2021). 66  Yadav (2019); available at: https://www.downtoearth.org.in/blog/agriculture/stubble-burning-a-­ problem-for-the-environment-agriculture-and-humans-64912 (accessed 08 February 2021). 67  Ministry of Environment, Forest and Climate Change (2021), National Action Plan on Climate Change, 01 December 2021; available at: doc202112101.pdf (pib.gov.in) (accessed 13 October 2022). 68  Ibid. 69  Ibid. 70  Department of Agriculture, Cooperation and Farmers Welfare, Soil Health Card; available at: Soil Health Card| National Portal of India (accessed on 13 October 2022). 60 61

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to farmers which will carry crop-wise recommendations of nutrients and fertilizers required for the individual farms and crops to help improve their productivity. These recommendations are made after the experts analyse the soil and suggest measures to mitigate any issues through judicious use of fertilizers and manure. 71 This programme not only benefits the soil but also has other ancillary benefits such as providing employment to villagers for soil testing, ensuring safe and organic produce and mitigation of the repercussions of climate change.72 Apart from the above, the government has taken up numerous other measures to remediate and revitalise the soil which has become infertile or saline due to years of non-sustainable agricultural practices. One of the most effective measures among them is the Integrated Watershed Management Programmes (IWMP). 73 Watershed management is basically a process of harnessing, conserving and developing degraded natural resources such as soil, vegetative cover and water in the watershed in order to achieve desired goals and obtain goods and services without adversely affecting the soil or water sources.74 These watersheds are areas of land where the different sources of water such as rainwater and groundwater are managed to ensure conservation of soil and water. This is demonstrated by properly incorporating the functionality of the soil within the management procedure. Agricultural soil must be differentiated from urban soil and different management mechanisms must be adopted to ensure every form of soil is conserved and no erosion takes place.75 One of the final aims of these IWMPs is to ensure that the soil is strengthened and that better organic matter and minerals emerge from the soil.76 Recently, the Government of India has also launched a scheme called Bharatiya Prakritik Krishi Paddhati from 2020, for giving an impetus to traditional and indigenous methods in natural farming so as to reduce reliance on chemical and synthetic inputs. 77

 PM Narendra Modi launches ‘Soil Health Card’ scheme for farmers in Rajasthan. ZEE News, 20 February 2015; available at: PM Narendra Modi launches ‘Soil Health Card’ scheme for farmers in Rajasthan | Science & Environment News | Zee News (india.com) (accessed 13 October 2022). 72  Bhargava (2020); available at: Integrated Nutrient Management: Soil health cards for sustainable agriculture | The Indian Express (accessed 13 October 2022). 73  Integrated Watershed Management Programme by Ministry of Rural Development; available at: https://www.india.gov.in/integrated-watershed-management-programme-ministry-rural-development (Accessed 12 February, 2021). 74  Tomer (2005), p. 306. 75  Land Resources Information Division, National Informatics Centre Department of Electronics and Information Technology Ministry of Communications and Information Technology Govt. of India, ‘User Manual for Integrated Watershed Management Programme (IWMP) – MIS’; available at: https://iwmpmis.nic.in/reference/IWMP-MIS-UserManual.pdf (accessed 08 February 2021). 76  Schoonover and Crim (2015). 77  Including Natural Farming in Agricultural Education Curriculum, Press Information Bureau, 04 February, 2022, available at: https://www.pib.gov.in/PressReleasePage.aspx?PRID=1795460 (accessed 20 August 2022). 71

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3.2 State Laws, Policies and Schemes Several States have adopted significant steps to address the issue of soil health through their legislations. Under the Punjab Land Preservation Act, 1900, the State is empowered to issue directions for sub-soil water conservation or for prevention of soil erosion.78 In Orissa, the Pani Panchayat Act, 2002 requires farmers’ organisations to prepare cropping programmes which are suitable for the soil as well as the agro-climatic conditions, paying due regard to crop diversification as well.79 It also requires framing of operational plans under the Act based on the soil and cropping patterns.80 Similarly, the U.P Bhoomi Evam Jal Sanrakshana Adhiniyam, 1963 has been enacted by the State of U.P with an objective of improving and conserving soil.81 According to this Act, activities aimed at reclamation, maintenance and improving the conditions of soil would be regarded as soil conservation.82 It establishes a Bhoomi Evam Jal Sanrakshan Board under the chairmanship of the Minister-in-­ charge of Agriculture and Zila Bhoomi Evam Jal Sanrakshan Samitis at the district levels under the chairmanship of District Collectors.83 The Zila Samitis are required to undertake steps for educating people as well as prepare plans regarding conservation of soils.84 Prohibitory orders would be passed for the purposes of curbing activities that are detrimental to soil conservation.85 Maharashtra has brought about the Maharashtra Felling of Trees (Regulation) Act, 1964, with an aim to regulate felling of trees so as to preserve and protect soil against erosion.86 It requires a prior application to be submitted before trees are cut.87 The State of Kerala in its Irrigation and Water Conservation Act, 2003 requires farmers to devise operational plans for each irrigation season in consonance with the soil and cropping pattern.88 It also mandates that any closure or reduction in the size of any natural water collection area can be done only after consulting the Soil Conservation Department.89 It further envisages conducting social audit for monitoring diversification of crops, multiple cropping, water use efficiency and pesticide

 Punjab Land Preservation Act, 1900, Section 3.  Orissa Pani Panchayat Act, 2002, Section 17. 80  Ibid, Sections 18 and 19. 81  U.P Bhoomi Evam Jal Sanrakshana Adhiniyam, 1963, preamble. 82  Ibid, Section 2(12). 83  Ibid, Sections 3 and 6. 84  Ibid, Sections 7 and 9. 85  Ibid, Sections 22 and 23. 86  Maharashtra Felling of Trees (Regulation) Act, 1964, preamble. 87  Ibid. 88  Kerala Irrigation and Water Conservation Act, 2003, Section 51. 89  Ibid, Section 87. 78 79

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usage.90 Kerala has also sought to conserve paddy land and wetland by prohibiting their conversions and reclamations.91 In addition to these legislations, the States of Rajasthan, U.P, Andhra Pradesh and Punjab have enacted laws for subsoil water protection. Most of the States also have a mandate for soil conservation at Panchayat levels. Some States have taken steps to ameliorate the issues plaguing the agricultural sector and soil health by rejuvenating lakes and water bodies so as to recover the depleting ground water table. 92 These policies have been carefully curated for addressing the agricultural requirements of each State. For instance, Kerala has envisaged the establishment of Special Agricultural Zones (SAZ) targeted at agri-based services like Soil Testing Labs, Plant Health Clinics, Weather Stations and Advisories and other ancillary services.93 In its Agricultural Policy drafted in 2015, Kerala has exhorted reviving of soil health using bio-manure and bio-fertilisers. It has also called for developing databases on the types of soil and devising a good management strategy for soil conservation. In all these different programmes and policies, the visible common thread is that they do not impose liability on the farmers and make them pay for degrading the soil by burning crop stubbles or using excess fertilizers. Instead, the government has sought to introduce non-coercive steps to restore the soil health and prevent further damages resulting from harmful practices. This is more in line with the Public Trust Doctrine than the Polluter Pays Principle or the Precautionary Principle because the government is taking the onus upon itself to ensure the safeguarding and sustenance of a natural resource, i.e., soil, in trust for the benefit of the general public. In these cases, the State is not formulating policies to punish the farmers who are the soil polluters and is not ordering them to pay for restoring the soil which would have been the case had it followed the Polluter Pays principle. The State is also not placing a total embargo on the farmers from engaging in agricultural practices which would have been the case had it followed the Precautionary Principle. This is because the State is also cognizant of the fact that most of the farmers who engage in these soil polluting practices are not large industries who pollute the soil for their own excessive benefits. Rather, these are poor, financially burdened farmers who take up these practices as they have no other economical alternative at their disposition. Therefore, the State is incentivising them through these different policies and programmes to engage in sustainable agriculture so as to conserve soil and other

 Ibid, Section 56.  Kerala Conservation of Paddy Land and Wetland Act, 2008. 92  Jalamrutha and Jaladhare are two schemes by the Government of Karnataka, initiated by the Ministry of Rural Development and Panchayat Raj, which aims to rejuvenate 14,000 lakes across the state. The government aims to rejuvenate 14,000 water bodies and build 12,000 check-dams in next two years through the scheme. The State Government has authorized a grant of Rs.500 crore for the implementation of Jalamrutha scheme. 93  Special Agricultural Zones, Department of Agriculture Welfare and Farmers’ Development, Government of Kerala, https://keralaagriculture.gov.in/2018/12/22/special-agricultural-zone/ (Accessed on 26 February, 2021). 90 91

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natural resources by opting for alternative methods of farming. The State is adopting these policies as a trustee of the natural resources, for its conservation.

4 GM Crops: Impact on Soil In the recent times, status of GM crops in India has become a contentious issue. GM crops are essentially those crops whose genetic design or DNA is altered by introducing a foreign gene (“transgene”) to vary the different characteristics of the crop. These crops have been in existence for over 25 years and are prevalent across different countries around the world, like the United States America, China, Argentina, etc.94 However, in India, these GM crops have not been used as extensively as used in these countries due to a variety of reasons. One of the main reasons for opposing GM crops is the claim that these crops have the potential of creating new diseases in those organisms which consume this produce.95 There is also a fear that such GM crops have the potential to outcross their genetic material to other crops and contaminate their genetic material.96 Opponents of GM crops also claim that such crops have the possibility of causing irreversible damage to the soil and environment because they are living organisms and have not been in existence for centuries like other natural crops.97 India’s reasoning is also along these lines due to which it has banned the use of unapproved GM crops. It has only approved Bt cotton98 and no other crops, particularly denying approval to GM food crops.99 Moreover, the State has also imposed criminal sanction under Environmental Protection Act 1986 for the use of unapproved GM seeds which can attract imprisonment for 5 years and a fine of Rs. 1 lakh. Moreover, the Rules for the Manufacture, Use, Import, Export, and Storage of Hazardous Microorganisms, Genetically Engineered Organisms or Cells, 1989 specifically states that no importing, exporting, transferring, manufacturing, processing, use or sale of hazardous microorganisms or GM  Brookes and Barfoot (2005), p. 187.  Phillips (2008), p. 213. 96  ‘Pocket K No. 4: GM Crops and the Environment’ (ISAA, October 2018); available at: https:// www.isaaa.org/resources/publications/pocketk/4/default.asp#:~:text=A%20major%20environmental%20concern%20associated,crop%20is%20planted%20as%20well (accessed 08 February 2021). 97  Sivaraman (2014); available at: https://www.deccanchronicle.com/140810/commentary-op-ed/ article/why-we-don%e2%80%99t-need-genetically-modified-crops-india (accessed 08 February 2021). 98  Bt cotton is inserted with the genes of bacterium called Bacillus thuringiensis. Bt cotton is one of the first crop protection products from biotechnology. Bt Cotton & Management of the Tobacco Budworm – Bollworm Complex. United States Department of Agriculture, Agriculture Research Service ARS-154, January, 2001; available at: https://www.ars.usda.gov/ARSUserFiles/oc/np/ btcotton/btcotton.pdf (accessed 08 February 2021). 99  Biswas (2020); available at: https://indianexpress.com/article/explained/gm-seeds-the-debateand-­a-sowing-agitation-6452999/ (accessed 08 February 2021). 94 95

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organisms can be undertaken without prior approval of the Genetic Engineering Approval Committee (GEAC).100 Consent from GEAC is also necessary for production of genetically engineered organisms or cells.101 The GEAC has enunciated guidelines for regulating the field trials of genetically engineered plants. It has also brought about guidelines for conducting environment risk assessment of such genetically engineered plants in 2016. It stipulates that detailed information has to be furnished regarding the likely consequences to current agronomic practices including the cultivation practices that have the potential to trigger soil erosion.102 This position with respect to GM crops seems to be along the lines of the Precautionary Principle wherein the State is taking a very cautious approach to the use of GM crops as it is cognizant of its potential to cause environmental damage. However, this principle is usually applicable to innovations or activities which are fairly new and about which there is little or no scientific research. In the case of GM crops, research has been going on since the 1990s. Moreover, many different countries around the world use a variety of GM crops in both commercial crop and food crop sectors. An example is the United States of America where various fruits, vegetables and pulses are grown as GM crops.103 Numerous researches have been performed on these crops and only after confirmation and approval have the GM seeds been released into the market. Various other international regulations have been framed for GM crops,104 which clearly indicate that there has been substantial research and testing done in this regard. Therefore, it is imperative for India to seek to provide for a regulatory regime to GM variety in the food and cash crop sector. Given the promised benefit to soil and environment along with being an economically viable option for the farmers, GM crops are made available which have been designed to be anti-pest and anti-insect, and the regulatory regime needs to be accommodating for the introduction of the same. This means that these crop varieties do not need the regular (which can be as often as every day) sprays of pesticides and insecticides. This not only ensures that the soil is being less polluted but also saves a large sum of money for the farmers.105 The State should aim for bringing in more sustainable development with regards to soil conservation through GM crops. This doctrine of Sustainable Development has also been vociferously advocated in the Indian environmental law jurisprudence

 Rules for the Manufacture, Use, Import, Export, and Storage of Hazardous Microorganisms, Genetically Engineered Organisms or Cells, 1989, Rule 7. 101  Ibid, Rule 8. 102  Ministry of Environment, Forest and Climate Change, Guidelines for Environment Risk Assessment of Genetically Engineered Plants, 2016. 103  ‘GMO Crops, Animal Food, and Beyond’ (FDA); available at: https://www.fda.gov/food/ agricultural-­biotechnology/gmo-crops-animal-food-and-beyond#:~:text=Many%20GMO%20 crops%20are%20used,squash%2C%20apples%2C%20and%20papayas (Accessed 13 February, 2021). 104  Strauss (2006), p. 167. 105  Bera (2019); available at: https://www.livemint.com/industry/agriculture/inside-india-s-geneticcrop-­battlefield-1561054298998.html. 100

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through various cases such as Rural Litigation and Entitlement Kendra vs. State of UP,106 and Vellore Citizens Welfare Forum vs. Union of India,107 where the Supreme Court has observed that sustainable development has come to be accepted as a viable concept to eradicate poverty and improve the quality of human life while living within the carrying capacity of the supporting eco-system.108 Farmers across the country are already using various GM seeds out of necessity as they cannot afford to lose more money by investing on pesticides and herbicides without any guarantee that the non-GM crop will turn out to be better.109 Such circumstances are not being taken into consideration by our law-makers as many of the regulatory clearances for GM crops have been withdrawn and rejected due to political reasons and not scientific considerations. An example of this is the Bt Brinjal, which was allowed to be cultivated by farmers after receiving clearance from the government. However, due to speculations without any scientific consensus, a moratorium was placed on the use of BtBrinjal in 2010, and no further deliberations has been made on that matter ever since then.110 Similarly, the approval of the commercial cultivation of GM mustard was also withdrawn in 2017. Instead of looking at the benefit such GM crops bring to the general public, particularly the farmers, the government has vehemently opposed such GM crops.111

5 A Way Forward The aspect of soil conservation and promotion of sustainability of soil and land use may require regulatory intervention to allow for the advancement of technology, especially in the case of GM Crops. Although intrinsic actions for soil conservation have been taken under the Water (Prevention and Control of Pollution) Act, 1974 or the Air (Prevention and Control of Pollution) Act, 1981, existing regulations with regards to conservation or protection of soil are either found as an extension of water conservation regulations or the Environment Protection Act, 1986 or are in the form of guidelines, policies and programmes, thereby causing a lacuna. Therefore, the aim in the longer run should be the framing of a legislation solely dedicated for preserving soil and regulating practices associated to soil as has been done in countries like the United States of America 112 and Sri Lanka. 113  AIR 1989 SC 594.  See n.30. 108  Ohri (2017); available at: https://www.mondaq.com/india/clean-air-pollution/559702/need-for-­ sustainable-development (accessed 08 February 2021). 109  See n. 53. 110  Aga (2019); available at: https://www.thehindu.com/opinion/op-ed/serious-concerns-over-btbrinjal/article28022577.ece (accessed 08 February 2021). 111  See n.53. 112  The Soil Conservation Act, 1935. 113  The Soil Conservation Act, 1951. 106 107

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Due recognition must also be accorded to fertile soil. For this, the judiciary has to take an initiative to bring ‘Right to Soil’114 within the ambit of Article 21 of the Constitution, as was done in the case of the Right to Air and the Right to Water. Establishing this right is paramount for beginning the process of integrating soil conservation into the mainstream agendas of the state. Soil sustains numerous microorganisms and other forms of life and is also integral to our own life and health. 115 Through the course of this article, the authors have delved deep into the significance of fertile soil and the ramifications that soil deterioration can have on the life of the people and the economy of the country. This makes it clear that various facets of Article 21 can be invoked for the recognition of right to soil. Once such a right is posited into Article 21, it can then be coupled with Article 51A(g) and Article 47 to ensure conservation of soil. This right to soil can be viewed in the backdrop of the American Doctrine of Reasonable Use whereby people owning the land and soil must put the soil to reasonable use and should take care that such use does not erode or deteriorate the soil in any unwanted way.116 The State should then take cognizance of this to not only enforce more schemes, but ensure that people are made aware of the benefits of preserving soil, both in the long term and in short term, so that they get better involved in this process and are incentivised to deter from deteriorating the soil through unsustainable practices. This can be achieved by active participation of local communities to raise awareness among the general masses regarding soil pollution and to spread ideas regarding conserving the soil through sustainable measures. The government can also ensure mandatory environmental education to farmers regarding soil pollution and sustainable agricultural practices so that they themselves come to realise that many of the traditional agricultural practices which they have been using are actually harming the soil and deteriorating their yield. Such education can also dispel any unfounded belief they might have regarding contemporary methods of agriculture which helps preserve soil health and fertility.117 In addition to this, the existing laws regarding criminalisation of certain agricultural practices like sowing GM crops, 118 burning crop stubble 119 and buying certain fertilizers 120 need to be relaxed. Many of the farmers who are arrested by the police

 Proposed by Dr. Rattan Lal, winner of World Food Prize for 2020.  It’s alive! Soil is much more than you think. FAO, 22 September, 2020; available at: http://www. fao.org/fao-stories/article/en/c/1263004/ (accessed 15 February, 2021). 116  Milde (1951), p. 45. 117  Paltasingh and Goyari (2018), p. 9. 118  In Maharashtra, 12 Farmers Arrested For Sowing GM Cotton Seeds. The Wire, 26 June, 2019; available at: https://thewire.in/agriculture/maharashtra-farmers-bt-cotton. 119  2,000 farmers booked for stubble burning in UP. WION, 6 November, 2020. https://www. wionews.com/india-news/2000-farmers-booked-for-stubble-burning-in-up-341001 (accessed 08 February 2021). 120  4 Punjab farmers arrested in Haryana for urea purchase. The Tribune India, 23 November, 2020; available at: https://www.tribuneindia.com/news/punjab/4-punjab-farmers-arrested-in-­­ haryana-for-urea-purchase-173783 (accessed 08 February 2021). 114 115

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are usually engaging in such activities as they have no other resource. They are desperate for getting better yield as they are burdened with numerous loans and debts.121 Such farmers should be made aware of the existing policies and provisions where they can seek State’s assistance. Therefore, the State should ensure that such farmers are not imprisoned by the police immediately. At the same time, the state should not show complacency in prosecuting the ones who are maliciously acting to defraud States and community at large. For those actors who are not such farmers, more stringent action needs to be taken by the State. The occupier of such lands should be made liable in cases where soil pollution is detected but the polluter cannot be identified. The occupiers should be forced to carry out risk control and remediation of the soil, which is in line with the Polluter Pays doctrine. But, since occupiers would be at great risk in such cases simply because they are easy to find and be held accountable, detailed provisions on how to find the actual polluters and liable parties need to be established.122 The State should also encourage more research and experiments in developing more sustainable agricultural techniques which promote soil health and fertility along with economic efficiency for the farmers. The State should promote biotechnology research in genetically modified crops and other related spheres as such research is mainly aimed at relieving the farmers of intense, costly and laborious agricultural work. Findings of such research would benefit the farmers and the soil. Such research would also bring more clarity regarding various questionable beliefs and help the State and the stakeholders involved to make informed decisions. 123 Along with research, the State should also aim to maintain inventories and databases to develop a national soil environment information platform and realise dynamic data updating and information sharing. This platform must contain all necessary information regarding all aspects of soil conservation and the ramifications of soil pollution, including records of violations of regulations which will not only help streamline the conservation process for the State but also maintain transparency in the procedure. 124 Many of these recommendations would only be successful if the enforcement mechanism of the State is strengthened and the compliance standard is raised for the parties. One option for ensuring efficient enforcement would be to frame the laws in such a way that the State actors are themselves incentivised to work for the benefit of the general masses and conserve soil health and fertility by offering them benefits corresponding to their work. This intensification of the mechanism by

 Haq (2019); available at: https://www.hindustantimes.com/india-news/desperate-farmers-­ switching-to-illegal-gm-crops/story-q0MfEVQHeeHtqsWFMhuJ2H.html (accessed 08 February 2021); Kajal (2021); available at: https://thefederal.com/analysis/farmers-fight-a-tricky-sludge-ofpoor-credit-odd-monsoon-crop-loss/ (accessed 08 February 2021). 122  Wang (2019); available at: https://www.lexology.com/library/detail.aspx?g=2b5561e1-­ deab-­4cf9-9cc8-0a6abcaac48c (accessed 08 February 2021). 123  Supra Note 95. 124  Supra Note 122. 121

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administering policies, programmes, decisions and penalties, etc., in a more efficient manner would fortify the entire soil conservation process.125

6 Conclusion It is worthwhile to remember that any coercive attempts by the Government to centralise the soil health and conservation policy will lead to more distress than remediation. Any legislation concerning the soil health and management should focus on decentralising the powers and authorities, as land and water are mostly State subjects which are directly inter-related. Further, the aspect of ownership and public governance also comes into picture126 where there is a constant debate about the land use for non-agricultural purposes along with the policies for agricultural practices. Soil protection and conservation is the need of the hour. Various soil tracts across the country have eroded and deteriorated which can have severe ramifications on the economy and the lives of people. The State has taken some cognizance of this and has brought out various policies and programmes which are in line with the Sustainable Development Doctrine and Public Trust Doctrine. At the same time, the State has also adopted a conservative and crude approach with regards to certain other policies like the GM crop issue, which is more of an extreme application of the Precautionary Principle on the part of the State. In view of all this, the State has to advance steps in furthering soil protection by promoting sustainable practices and rejuvenate, remediate and conserve the health and fertility of soil across the country.

References Aga A (2019) Serious concerns over Bt Brinjal. The Hindu, 18 June, 2019 Bera S (2019) Inside India’s genetic crop battlefield. Livemint, 20 June, 2019 Bhargava A (2020) Integrated nutrient management: soil health cards for sustainable agriculture. The Indian Express, 20 February, 2020 Biswas P (2020) GM seeds: the debate, and a sowing agitation. The Indian Express, 12 June, 2020 Brookes G, Barfoot P (2005) GM crops: the global economic and environmental impact—the first nine years 1996–2004. Ag Bio Forum 8(2&3):187 Chopra R (2017) Polluter Pays Principle’. Mondaq, 10 November 2017 Filho WL et al (2021) The unsustainable use of sand: reporting on a global problem. Sustainability 13(6):3356 Goswami P (2016) Public trust doctrine: implications for democratisation of water governance. NUJS Law Rev 9:67  Ibid.  The European Commission in May 2014 withdrew the Soil Framework Directive 2006; available at: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2006:0232:FIN:EN:PDF (accessed 15 February 2021). 125 126

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Haq Z (2019) Desperate farmers switching to illegal GM crops. Hindustan Times, 23 January, 2019 Jamwal K (2020) Precautionary Principle and its tryst with the Indian judiciary. Mongabay, 19 August 2020 Johnson E (2019) Burning crops are a top source of air pollution in India, study finds. Yale Environment 360. 01 March 2019 Kajal K (2021) Farmers fight a tricky sludge of poor credit, odd monsoon, crop loss. The Federal, 4 January, 2021 Kathuria V, Balasubramanian R (2013) Environmental cost of using top-soil for brick-making: a case study from Tamil Nadu, India. Rev Mark Integr 5(2):171–201 Keena M et al (2022) Environmental implications of excess fertilizer and manure on water quality. NDSU Extension, August 2022, North Dakota State University Milde KF (1950) Roman contribution to the law of soil conservation. Fordham Law Rev 19(2):192 Milde KF (1951) Legal principles and policies of soil conservation. Fordham Law Rev 20(1):45 Mirzabaev A, Wu J, Evans J et al (2019) Desertification. In: Climate change and land: an IPCC special report on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems More H (2019) Precautionary Principle. The Fact Factor, 18 June 2019 Ohri P (2017) Need for sustainable development. Mondaq, 12 January 2017 Paltasingh KR, Goyari P (2018) Impact of farmer education on farm productivity under varying technologies: case of paddy growers in India. Agric Food Econ 6(7):9 Phillips T (2008) Genetically modified organisms (GMOs): transgenic crops and recombinant DNA technology. Nat Educ 1(1):213 Rahman S (2014) Green Revolution in India: environmental degradation and impact on livestock. Asian J Water Environ Pollut 12(1):75 Reddy AA (2020) How can we solve the problem of stubble burning? The Wire Science, 11 October 2020 Sadhya M et  al (2020) Impact of agricultural activities on water contamination and pollution: analysing the existing Central Regulatory Framework to Counter Agricultural Water Pollution. NLSENLAW, 27 August 2020 Schoonover JE, Crim JF (2015) An introduction to soil concepts and the role of soils in watershed management. J Contemp Water Res Educ 154 Singh V (2021) Desertification in India: how Green Revolution hastened the man-made soil degradation. 09 March, 2021, Down To Earth Sivaraman G (2014) Why we don’t need genetically modified crops in India. Deccan Chronical, 10 August, 2014 Strauss DM (2006) The international regulation of genetically modified organisms: importing caution into the U.S. food supply. Food Drugs Law J 61(2):167 Tomer MD (2005) Watershed Management’. Encyclopaedia of Soils in the Environment 306 Wang S (2019) PRC law on prevention and control of soil contamination — one year after implementation. Lexology, 27 December, 2019 Yadav RS (2019) Stubble burning: a problem for the environment, agriculture and humans. Down To Earth, 4 June 2019

Agriculture Policy, Law and Institutions: Relevance for Soil Degradation Amrendra Kumar, Chirag Shastri, and V. Roopak

Abstract  Agriculture in India has undergone significant changes since independence. Though technological advancements in agriculture have brought enormous growth in variation and production in India, it has also caused soil degradation in different regions because of indiscriminate deforestation, heavy irrigation, excessive use of fertilizers and pesticides, introduction of alien varieties and burning of the crop residues. Various studies have shown that degradation of soil will affect the qualitative and quantitative outcomes in agriculture as well as soil biodiversity, which could be controlled through sustainable agriculture and soil management. The Land Degradation Neutrality (LDN) program initiated by the United Nations Convention to Combat Desertification (UNCCD) represents a paradigm shift in land management policies and practices. On a municipal level, this requires effective legal regulations, policies interventions, market incentives, digital documentation and survey of the private and common land. However, there is no ‘soil law’ per se in India, though conservation and management of soil is facilitated through national and provincial agricultural, environmental, land and waste management laws and policies. The chapter aims specifically to examine agriculture legislations, regulations, policies, missions and schemes addressing the issues related to soil degradation in India. It proposes for the effective and coordinated action to restrain and reverse the soil degradation in view of its soil related international obligations and national commitments. Keywords  Soil degradation · Soil management · Agricultural practices · Agricultural policies · Domestic laws and institutions

A. Kumar (*) Faculty of Law, University of Delhi, Delhi, India C. Shastri Centre for Climate Change & Clean Development Initiatives, Ahmedabad, India V. Roopak Centre for International Legal Studies, School of International Studies, Jawaharlal Nehru University, New Delhi, India © The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 B. H. Desai (ed.), Soil Law and Governance in India, International Yearbook of Soil Law and Policy, https://doi.org/10.1007/978-3-031-32360-7_5

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1 Introduction Indian civilization has flourished in tropical and subtropical regions for centuries. Under these geographical and climatic conditions, soil has been the foundation for ecosystem services, natural resources, animal habitations, human’s settlements and agricultural practices.1 Soil is a mixture of particles in different sizes classified as clay, silt, sand, and gravel which varies from place to place. There are several factors contributing to the formation of soil for thousands of years such as parent material, climate, vegetation and other life-forms. In India, these factors have contributed to the development of various types of soil as alluvial, laterite, black, red, arid, saline and forest soil. All these soils, their texture, nature, quality and fertility are vital in the growth of plants and crops in the estimated agricultural land of 181.95 hectares in India.2 Here, “traditional agriculture has long been benefited with the use of different soils in different regions for various crops. However, modern agriculture has brought enormous growth in crop production depending upon the kind, quality and use of the soil.” 3 But in due course of time, it has also caused soil degradation in different regions through deforestation, soil erosion, water logging and heavy irrigation, excessive use of fertilizers and chemicals, alien species and burning of crop residue. Besides, marginal and small land holdings; conflicts over agricultural lands; uneven use and access of agro-technology; change of soil cover on agriculture land etc. have also led to soil degradation in several parts of India. 4 This continued and unabated degradation and mismanagement of the soil in the agriculture sector has led the Indian community to promote conservation, sustainable use and management of soil through appropriate laws and policies. However, there is no ‘soil law’ per se in India, though conservation and management of soil is facilitated through national and provincial agricultural, environmental, land and waste management laws and policies of contemporary times.5 Against this background, this chapter aims to explore the existing agriculture related laws, institutions, policies, schemes and missions addressing the issues related to soil degradation in India. The chapter first introduces the importance of soil for agriculture and then raises the issues of soil degradation caused by the recent agriculture practices in India. Among the three central parts, it would begin the discussion on agriculture practices impacting the soil in India taking into consideration the physical, environmental and economic imperatives. The second major part would analyse the agriculture related institutions and policies dealing with soil  Desai and Sidhu (2016), p. 38.  GOI, State of Indian Agriculture 2015-16, Ministry of Agriculture and Farmer Welfare, p. 41; available at: http://www.mafw.org.in (accessed 08 February 2021). 3  Ibid at p. 15. 4  Id. at p. 13. 5  Aggrawal Chavi, “Land Pollution and its Legal Control in India”, Manupatra, p. 2; available at: http://www.manupatra.com (accessed 08 February 2021). 1 2

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protection in India. The third part would examine the existing agriculture related laws, regulations facilitating the sustainable soil management in India. The conclusion part would summarize the major observations and suggestions on sustainable soil management through adoption of sustainable agriculture with adequate laws, policies and institutions.

2 Agricultural Practices and Soil Degradation Agriculture in India has been one of the prominent and oldest practices heavily dependent on the quality, quantity and fertility of the soil. Here, more than half of the population is directly or indirectly engaged in agricultural practices and produces for a long time. However, traditional agriculture has done significant changes in the land patterns, irrigation, varieties of crops and depletion of soil fertility. Besides, modern agriculture in India has been considered inappropriate due to a variety of reasons.6 The farmers in India have though grown different crops with the desired quantity and quality, but also contributed in the soil degradation in several regions. Above all, it is the nature led and human led degradation of the soil that has conversely impacted the practices and productivity in agriculture as well. Human led degradation of soil has been caused mainly by three ways: by using it for the agriculture purposes; by mining and deforestation and further by disposing different kinds of wastes back to the soil.7 Soil degradation by agriculture decreases the productivity of the soil thereby causing watershed, erosion and desertification etc. Besides, it is caused by the inappropriate land use in agriculture, excessive use of pesticides and fertilizers. It has been rightly said that “today, soil continues to play a critical role in supporting sustainable food production systems, and careful stewardship of soils has never been more important to securing successful economic, environmental and production outcomes in agriculture.”8

 Traditional agriculture is based on the primitive practices, traditional tools and equipment, old seed varieties and organic fertilizers, whereas modern agriculture is done with new scientific knowledge and techniques, best irrigation system, new and improved seeds and varieties, wise of fertilizers and pesticides, and best post-harvesting processes. However, in both the agro-systems, the health of the soil has been neglected causing constant degradation in India; available at: http:// www.agritechsupport.com (accessed 23 October 2022). 7  Ellis and Mellor (1995), pp. 1–306; See also, World Bank (2006), pp. 1–67; available at: http:// www.worldbank.org (accessed 08 February 2021). 8  Zhao (2018), pp. 37–62. 6

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2.1 Soil Structure and Its Relevance for Agriculture By its physical existence, “soil is the upper portion of earth’s crust consists of minerals, air, water, organic matter and various kinds of living organism which is made up of particles of varying sizes mixed in different properties such as clay, slit, sand and gravel.”9 It is the arrangement of such particles to aggregate that refers to the ‘soil structure’. Under this soil structure, there are various types of soil in India such as alluvial, laterite, black, red, arid, saline and forest soil. It consists of primary nutrients such as nitrogen, phosphorus and potassium; secondary nutrients such as sulphur, calcium and magnesium; and micro-nutrients such as zinc, iron, and manganese. 10 Among these, the alluvial, laterite and black soil is the most vital and fertile for the agriculture practices found in different geographical regions and climatic conditions. Most of the crops are grown with the help of these soils across the country using both traditional and modern methods of agriculture. However, both the methods and practices have caused major soil degradation for a long time raising vital concerns for the authorities and populations in India. From an environmental perspective, it has been well observed that “soil performs manifold functions that are critical for plant growth as well as animal and human beings. The functions result from interacting chemical, physical and biological soil properties and processes that shape the environment to produce goods and services through agriculture, forestry and other land uses.”11 The unsustainable land use practices for agriculture and development has further caused soil degradation across nations especially in India. The major threats have been recognized as soil erosion, organic carbon loss, nutrients imbalance, salinization, contamination, acidification, loss of biodiversity, sealing compaction and water logging.12 The agricultural practices have mostly aggravated these threats in different regions of India in recent times. The small and medium land with unwise use and management in agriculture has contributed most of the above said threats ultimately harming the ecological balance and services. 13 The agricultural practices, over grazing and cutting the grass and trees for agri-­ purposes have led to the desertification in several parts of India. Heavy use of chemicals, fertilizers, pesticides, herbicides and use of plastic sheeting have further deteriorated the condition of the soil in major parts of India. 14 In recent times, soil pollution has been a major concern with waste disposal which includes plastic, bio-­ medical and hazardous substances, accumulation of contaminated waters, and burning the crops residues in agricultural land. 15 Such activities not only harms the  Gupta (2013), pp. 650–666; available at: http://www.ijrdpl.com (accessed 08 February 2021).  Ibid. 11  Bartiz et al. (2018), pp. 17–36. 12  TERI (2018), p. 29; available at: http://www.teriin.org (accessed 08 February 2021). 13  Ibid at p. 76. 14  Ibid. at p. 77. 15  Ibid. at p. 94. 9

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properties, nutrients and compositions of the soil, but also micro-organisms, biodiversity and other life forms dependent on the soil. Ultimately, all these instances related to the soil have caused ecological and environmental imbalance reducing the production, fertility and quality of the crops, plants and trees in India. The economic imperatives of the soil have long been recognized especially under the agricultural, livestock and husbandry sector. The degradation of the soil has directly affected the land productivity, crops cost and yield, livestock for the animal and husbandry in India.16 Soil degradation has also threatened the food safety and security mostly secured through agricultural production and practices. It has been noted that “soil pollution or land contamination has greatly damaged the taste and quality of the agricultural products and in some extreme cases, made them unsuitable for eating because of chemical residue.”17 Besides, the soil degradation has not only indirectly affected the human settlements, occupations and movements, but also contributed in acceleration of poverty and inequality, broadening the socio-economic gap in several regions or states in India.18 Further, the developmental and infrastructure projects such as mines, roads, dams and smart cities have shrunken the shape and size of the agricultural land causing extensive soil degradation in India. 19 Not only this, the land ownership, rights and tenure on the land is not appropriately defined in several parts in India so that the agricultural practices, revenues and finance could take place for the economic benefits. Above all, the economic value and benefit of the soil could not be evaluated at one or two parameters and evaluations, but on the overall goods and services provided by it on the basis of sustainable management across the country.

3 Soil Protection: Agricultural Policies and Institutions Any policy framework that focuses on soil conservation mechanisms and targets to achieve Land Degradation Neutrality should be understood in congruence with all such factors which are the root causes of soil degradation and also those factors which significantly impact the mindsets of the farmers and compel them to produce more crop per unit area and per unit of time at the cost of soil health. Land Degradation Neutrality20 (LDN) has been defined by the Parties to the UNCCD as: “A state whereby the amount and quality of land resources, necessary to support

 Gupta (2013), pp. 650–666; available at: http://www.ijrdpl.com (accessed 08 February 2021).  Zhao (2018), p. 46. 18  Desai et al. (2019), p. 35. 19  Ibid, p. 48. 20  Target 15.3 of the Sustainable Development Goals aims to achieve Land Degradation Neutrality (LDN) worldwide by 2030; The United Nations Convention to Combat Desertification (UNCCD) adopted LDN as the principal target of the Convention at COP12, in October 2015. 16 17

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ecosystem functions and services and enhance food security, remains stable or increases within specified temporal and spatial scales and ecosystems.”21

3.1 Soil Degradation in India: Areas of Concern Land is a complex mixture of soil, water and biodiversity. Land Degradation is a problem not just for sustainable development but also for the conservation of biodiversity. There are different root causes of soil degradation that the policy makers should consider while framing the policy related to the soil and agriculture. 3.1.1 Insufficient Coverage of Government Initiatives India is a vast and geographically diverse country and hence even today there are certain regions, which are still untouched or not covered by the government for various initiatives. And hence, they are still deprived of any governmental aids and incentive mechanism. Needless to say that under the absence of government aids and poor economic conditions, farmers adopt all such measures which can fetch more yield and money out of the whatsoever resources available to them. The Subsidies, MSPs, Farm Loan waivers, free electricity and water supply etc. are various mechanisms through which a specific amount is being spent on the farmers by the government. There is a necessity to promote organic or natural farming, but the farmers are reluctant to do it due to slower and lesser income. A substantial part of this amount needs to be diverted to the farmers who are ready and willing to adopt organic farming practices, which lead to increase in the amount of organic farming, which over the period of couple of years will improve the land quality. Secondly, MSPs are declared only for some basic Agri-produces. Instead, it should be promoted for all the crops. Further it should be wisely decided keeping in mind the most popular and indigenous crops of any particular region and it should be based on the features and properties of soil, water and other resources. So, having the assurance of the income, farmers can give a break to his land and spare enough time to improve and rejuvenate the quality of the land. Huge amount in the form of subsidies and farm loan waivers is spent for farmers. Out of this amount, a substantial amount can be diverted to give MSP for all the crops. It will significantly help change the mindset of the farmers that “any particular crop is lucrative and other crops are not”, as it will reduce the barriers of the quantum of income fetched from different crops.

 UNCCD, Land Degradation Neutrality; available at: Achieving Land Degradation Neutrality | UNCCD (accessed 12 December 2022). 21

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3.1.2 Soil Contamination Due to Industrial Activities Industrial activities are mandated to operate only in Declared/Recognized Industrial Zones only. However, in the wake of spending a lesser amount in acquiring lands for setting up the industries, the industrialists purchase the land right in the middle of the Declared/Recognized Agriculture Zones. Thus, other than the industrial zones, many such industries are found scattered and interspersed in the agriculture zone. Both, air and water pollution from such industries play a major role in contaminating the groundwater and air surrounding these industries. Releasing polluted water in the ground through Reverse boring is the major reason for such land degradation. Under any such legal framework, such hazardous acts should be made a punishable offence, and should not be compensated by the penalties in terms of money. The case of Vatva Village Panchayat v. Vatva Industrial Association 22 before Gujarat High Court is a classic case, which exemplifies how a legal framework can help improve soil quality and thereby help achieve Land Degradation Neutrality. 3.1.3 Lack of Crop Management, Shift Cultivation etc. The crops in any particular land should be decided more as per the soil, water and weather conditions of that particular region and less as per income from any particular crop. The farmers should also be guided on how and when to change the crop and how frequently to change the crop to sustain the health of the soil. All these measures may reduce the income of the farmers. And hence if farmers willingly accept to adopt this practice, they should be assured of their economic stability and should be benefitted otherwise under different incentive mechanisms. Proper Use of Resources and Implementation of Watershed Management at Village Level The Government of India has already floated Integrated Watershed Management Program (IWMP), through which a holistic and comprehensive study of any particular region (district or block) is conducted so that incoming water to that particular region in the form of rivers, streams and rainfall could be managed wisely to maximize its use for farming and other activities. Under this program different mechanisms are provided to stop the land being washed off due to extreme weather conditions. The watershed management at the district level and contour mapping at the village level is required to be done to identify the low-lying points and rain water harvesting facilities can be provided at all such points. By doing so, washing off of the upper layer will be reduced and land quality will remain intact. And hence, the provision of all such mechanisms should be made compulsory to sustain and

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 Vatva Village Panchayat v. Vatva Industrial Association, AIR 2000 Guj 33.

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improve the soil health. Since it already exists at policy level and a required fund is also made available to the local bodies, the only thing now required is to effectively implement it across the country. Secondly, the farmers are given free or cheaper electricity and though they have borewells in their farms, they still lack the understanding of the apt use of such free resources. Such habits should be inculcated in farmers and to keep check on the use of free water and electricity, it should be covered in legal framework. Another facet also demands focus that the agricultural land and other unpaved portion of land always have a fragile layer over the actual soil, which comprises sand, soil and dust and provides a protective cover and helps keep the actual soil layer intact against heavy wind and rain and extreme heat conditions. But, due to sudden and drastic changes in the climatic conditions, weather patterns keep on changing year by year and season by season. It washes off the upper layer and underneath the pure soil layer as well. It plays a major role in land degradation. In such a case, combating climate change is a huge, vast and lasting task, whereas, a proper contingency plan to protect the upper layer of the soil is inevitable. Hence, the provision of tools like contour cropping, afforestation, SMC works is inevitable. Categorization of Farmers on the Base of Principle of Equity Farmers’ satisfaction in terms of social and economic stability is the key factor which needs to be addressed wisely. Income through agricultural activity is tax-free in India. Since India is known to be a country of agriculturalists and India’s culture is agriculture; the farming activity and farmers receive highest respect and attention in the country. And hence, a major chunk of India’s income from other sources is used for agricultural activities through various incentive mechanisms. And, it helps farmers a lot to survive. However, there are many farmers who own more than 100 acres of land and have ample opportunity to take different crops and earn huge money from agriculture produce. Few of them are multi-milliners as well. They are highly educated as well and have businesses in other sectors as well. Hence, sometimes it appears that these farmers get unnecessary or undue benefits of the incentive schemes, which actually they don’t require and they ought to have surrendered or denied any such benefits. But nobody would leave any benefit, which they are entitled to under any law or policy of the government. To address this issue, farmers can be divided in 3–4 categories as per their income and/or on the base of their holding of the lands. More benefits should be transferred to the farmers of poor most categories and less to the upper most categories. It will reduce unnecessary accumulation and amassing of wealth with little number of farmers and more benefits will be passed on to the needy farmers.

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3.2 Agriculture Policy: Vision 2020 In its policy guideline document, Agriculture Policy: Vision 2020, the Indian Agricultural Research Institute, New Delhi23 has put major emphasis on Soil, being the ace and the most impacting component of the agriculture activity. Out of four major unavoidable natural resources—Sunlight, Air, Water and Soil—which are the basic requirement for farming, Soil is the most vulnerable to contamination. This policy talks in detail about the importance of soil health improvement. The issues like, loss of soil nutrients, opportunities from untapped potential of soil, fund for soil conservation, intensified soil research to overcome decelerating productivity growth, balanced use of nutrients to avoid soil fertility problem and improvement in soil testing services are discussed in detail. As it is mentioned earlier, though it discusses almost all the ideas pertaining to the soil conservation and soil quality improvement, nothing is provided as a compulsion till date. And hence, it is the high time that some legal framework should be prepared so that the desired targets of the Land Degradation Neutrality can be achieved. The Government of India has launched several programs for the welfare of farmers like distribution of Soil Health Cards,24 selling of neem oil coated urea, nutrient-­ based subsidy policy for P and K fertilizers, organic farming, Paramparagat Krishi Vikas Yojna, National Mission on Sustainable Agriculture, National Action Plan for Climate Change (NAPCC), National Water Mission, National Mission for a Green India under NAPCC, Mission for Integrated Development of Horticulture, and National Mission on Oilseeds & Oil Palm etc. Introduction of ‘Soil Health Card’ is proved to be the most effective and acceptable initiative, which is conducted under Soil Health Management program by NMSA—National Mission for Sustainable Agriculture. Further, the National Academy of Agricultural Science (NAAS), New Delhi has two documents viz, National Soil and Land Use Policy (NSLUP)25 and Soil Health: New Policy Initiatives for Farmers Welfare.26

 Indian Agricultural Research Institute (1999). New Delhi Vision 2020, 28 Nov 1999; available at: https://icar.org.in/files/vision-2020.pdf (accessed 08 February 2021). 24  Soil Health Management program by NMSA—National Mission for Sustainable Agriculture; available at: https://nmsa.dac.gov.in/frmStrategy.aspx (accessed 08 February 2021). 25  National Soil and Land Use Policy (NSLUP): National Academy of Agricultural Sciences (NAAS); available at: https://naasindia.org/nslup.html (accessed 08 February 2021). 26  Soil Health: New Policy Initiatives for Farmers Welfare; May 2018. Policy Brief No. 3, National Academy of Agricultural Sciences, New Delhi; available at: https://naasindia.org/soil_health_ brief.pdf (accessed 08 February 2021). 23

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3.3 NITI Aayog Report: Demand & Supply Projections A report by the Working Group of NITI Aayog published in February, 2018, clearly mentions the repercussions of the irrational, unnecessary and illegitimate uses of fertilizers. It says, “Though there has been substantial increase in production and consumption of fertilizer over the years, nutrient response ratio is not so encouraging in our country mainly due to imbalanced use of fertilizer and lack of use of micro and secondary nutrients. Although India has diverse types of soil but most of them are deficient in nitrogen and phosphorus. The average consumption per hectare of arable land in India is far less in comparison to some of the other high consumption countries such as Egypt, Chile, China, South Korea, Japan, Malaysia, Vietnam and so on.27 While comparing the NPK (nitrogen, phosphorous, potassium) proportion of the average Indian soil with ideal one which is 4:2:1, it further says that the ratio of NPK in Punjab and Haryana was 19.2:5.5:1 and 20.6:6:1, respectively in 2011. The report admits that the disparity in the prices of urea, phosphorous and potassium fertilizers led to a distortion in the consumption pattern of NPK fertilizers and in order to address the issue of price disparity, improvement in fertilizer policy is a must. Balanced use of organic and inorganic fertilizers has a direct impact on soil fertility. Thus, it is concluded that the present policy may be revisited to promote both inorganic and organic fertilizers. Efforts may be made to move towards direct cash transfer on unit area basis so that farmers are free to choose between chemical fertilizers and organic fertilizers on their own as per soil health status/fertility. This mechanism is being implemented effectively and farmers have started gaining results as far as the Soil quality is concerned.

3.4 Soil Health Management: National Mission for Sustainable Agriculture This is another initiative by the Government of India. It was a known fact that there are various factors which lead to contamination of the land and land quality keeps on deteriorating and exacerbating with conventional idea-based farming. However, any tangible method to decide what the level of degradation is and which amongst the required nutrients are lacking and in what terms the said land is considered to be degraded was not defined. Whereas, it was utmost necessity for the farmers to know the health of his own land with an objective to address this issue along with the other issues like, making agriculture more productive, sustainable and climate resilient; conservation of natural resources; optimizing the utilization of water resources; etc.; some initiatives are taken up under National Mission for Sustainable Agriculture  Niti Ayog, The Working Group Report, “Demand & Supply Projections Towards 2033, Crops, Livestock, Fisheries and Agricultural Inputs, February, 2018; available at:https://niti.gov.in/sites/ default/files/2019-07/WG-Report-issued-for-printing.pdf (accessed 08 February 2021). 27

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(NMSA).28 ‘Soil Health Cards’ introduced under Soil Health Management (SHM) is one of the most important interventions under NMSA in 2015. SHM aims at promoting Integrated Nutrient Management (INM) through judicious use of chemical fertilizers including secondary and micronutrients in conjunction with organic manures and bio-fertilizers for improving soil health and its productivity; ­strengthening of soil and fertilizer testing facilities to provide soil test based recommendations to farmers for improving soil fertility; ensuring quality control requirements of fertilizers, bio-fertilizers and organic fertilizers under Fertilizer Control Order, 1985; upgradation of skill and knowledge of soil testing laboratory staff, extension staff and farmers through training and demonstrations; promoting organic farming practices etc. it transpires that SHM covers almost all the facets as far as Soil Health is concerned. As per the current data available, so far, more than eleven crores Soil Health Cards have been issued, which covers major farming communities in the country. Through the process of issuance of Soil Health Card, a strong database has been generated and a smoother platform has been created upon which farmers can perform and any further idea provided under any detailed legal framework can be easily disseminated and thus it will reduce the time, money and energy to be spent for implementation of the legal provisions. Results say that the Soil Health Cards are proven to be the most effective tool through which the farmers not only get the ideas about the health of their soil but they enthusiastically try to learn from the experts of the local government body about the measures to be taken to improve the soil health and effectively implement those measures as well.

3.5 Draft National Soil and Land Use Policy 2018 Further, the National Academy of Agricultural Science (NAAS), New Delhi is one of the oldest academies working in the field of Agriculture. In July 2018, NAAS, at the behest of Ministry of Agriculture and Family Welfare constituted the Core Group for preparing National Soil and Land Use Policy and proposed policy framework envisages that ‘the crop, land and water management are carried out in the best possible scientific manner without any adverse effects/impacts, so that their inherent use potentials handed over undiminished to the posterity.’29 Research outcomes of this academy significantly influence the policies of the government. In its draft policy for Soil and Land use, the Soil is described as one of the resources of Earth, on which human civilization survives and a resource of common interest. It further  Soil Health Card, Department of Agriculture, Cooperation & Farmers Welfare, 12 May 2020; available at: http://www.soilhealth.dac.gov.in/Content/blue/soil/index.html (accessed 08 February 2021). 29  Draft of National Soil and Land Use Policy (NSLUP); National Academy of Agricultural Sciences (NAAS) and Ministry of Agriculture and farmers Welfare, Govt. of India; available at: https://naasindia.org/nslup_draft.html (accessed 08 February 2021). 28

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talks about the factors responsible for the land degradation which includes, increasing threat from several anthropogenic activities like intensive agricultural practices, mining, brick making, industrial activities, infrastructure needs, transport and urban development, tourism etc. These activities are damaging the capacity of soil to continue to perform in full in its broad variety of crucial ecosystem functions. Moreover, it is mentioned that the soil degradation has strong impacts on other areas of common interest to the community, such as food and water safety, human health, climate change, and biodiversity protection. The objective behind this draft policy is based on the urgency to address the issue of land degradation. The objective of the National Soil and Land Use policy is to ensure optimal utilization of the limited land resources in India for achieving sustainable development, addressing social, economic and environmental considerations and to provide framework for states to formulate their respective land utilization policies incorporating state-specific concerns and priorities to achieve both short-term and long-term objectives.

3.6 Soil Health: New Policy Initiatives for Farmers Welfare While preparing new policy initiatives for Soil Health for agriculture based on intensive research, it also has identified the problem of soil quality depletion in another way. It says that in our thrust to grow more food, soils have been particularly misused to an extent that these are now affecting the state of our health and well-being. Since there is no likely prospect of any further increase in the area under cultivation, much of the desired increase in food grain production has to be achieved by enhancing productivity per unit area. It is observed that the soil health, an attribute of physical, chemical and biological processes is now showing signs of fatigue due to intensive cultivation, over mining of nutrients by crops with lesser replenishments through organic and inorganic sources of plant nutrients. The constant decline in soil health is often cited as one of the reasons for stagnating or declining yields. It discusses the nutrients’ deficiency as well and says, not only our soils are low in soil fertility but the inadequate and imbalanced nutrient use and neglect of organic manures is causing multi-nutrient deficiencies in many areas with time. The soils are now also showing the deficiency of secondary nutrients like sulphur and deficiency/toxicity of several micro-nutrients.30 In this draft implementable new policy initiatives/directions needed for farmer’s welfare in the form of recommendations are presented. It also provides suggestions to review, improve and strengthen the on-going programmes in order to protect, maintain and improve the soil health so as to achieve the goal of higher productivity and sustainability without any damage to the soil system and the environment.  National Academy of Agricultural Sciences (2018). Soil Health: New Policy Initiatives for Farmers Welfare. Policy Brief No. 3, May 2018; available at: http://naasindia.org/documents/ SoilHealth.pdf (accessed 08 February 2021). 30

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After looking holistically at the factors leading to the land degradation and legal aspects intertwined with those factors, it is now understood that as a precursor to proposed ‘Agriculture Policy and Law’, some basic and preliminary ideas in the form of reports, studies and policies exist in India, through which an honest attempt has been made by the government and other institutions to address especially the issue of Land Degradation directly or indirectly and for the Agriculture activity as a whole. However, it has not taken the shape of separate and standalone Law and Policy so far. Through this chapter, the authors have discussed and listed all such attempts in brief, tried to identify gaps and further suggested what could be the other inclusions, so that an effective, holistic, efficient, compatible and implementable Law and Policy can be framed, which in turn help improve the land quality and lead to increased quantity of produce with improved quality.

4 Agricultural Laws and Its Impact on Soil Management Though the agricultural laws of India have the legacy of the colonial British government, it has transformed in a tremendous way since independence. Famines were frequent during those times and millions of people died in India due to food shortage and malnutrition.31 Multiple factors like extreme climatic conditions, crop diseases, population growth, war time inflation, lack of equitable distribution of food grains, hoarding by the rich etc resulted in famines. 32 Even though there were famine codes33 in place since 1878 drafted by the British government, the official Famine Commission 34 appointed by the Government of India in 1944 in the aftermath of Bengal Famine of 1943 found out that there was a serious shortage of food supply due to lack of carryover stocks as well as the loss of imports from Burma due to the Japanese occupation. 35 The indifference of the British colonial government under Winston Churchill during the Second World War towards the people of undivided Bengal is considered as the major reason for the massive starvation and deaths of millions.36 The independent country had to find solutions for the problems faced by the agricultural sector. The growth of Indian legal framework from the British famine codes in the nineteenth century to the National Food Security Act of 2013 37 required  Sen (1977), pp. 33–59.  Ibid at p. 30. 33  Islam (2007), pp. 421–440. 34  The Famine Inquiry Commission, also known as the Wood head Commission, was appointed by the Government of British India in 1944 to investigate the 1943 Bengal famine. For further details, see Mukerjee (2014), pp. 71–75. 35  Ibid at p. 32. 36  Mishra et al. (2019), pp. 2075–2083. 37  National Food Security Act, (NFSA) 2013 was passed by Indian Parliament on July 5, 2013.It transformed the Indian welfare-based policy approach on food security to a rights-based approach. 31 32

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interventions in multiple sectors. The total food-grain production in India during the First Five-Year Plan was around 50 million tonnes for a population of 360 million people. India’s total food grain production reached 291.85 million tonnes as per the Second Advance Estimates for 2019–20 fiscal year.38 The increase in the average growth rate of food grain production in comparison to the population growth rate was made possible through technology driven, advanced production methods.39 The policies and legislative measures adopted by various governments on multiple fronts helped in the growth of agriculture. Most of these legislative measures have direct or indirect effects on soil management in the country. The land reforms legislations and the ceiling laws were critical in the equitable distribution of lands to the people thereby avoiding the middlemen as well as ensuring land rights to the tillers. The Green Revolution transformed the food production in India in the sixties which required reforms in the legal framework dealing with fertilizers, seeds, pesticides, plant varieties, biotechnology etc. These reforms have a huge impact on the soil quality of the agricultural land in the country. Food safety laws and product liability laws strongly influence policy making in the agricultural sector. Laws dealing with the cultivation of waste land, water and soil conservation, irrigation etc. are pertinent in the efforts against soil degradation. Role of Panchayati Raj institutions are also significant in an efficient soil management programme. India is party to multiple international conventions and protocols related to agriculture as well as member of various international organizations which deal with the issues related to agriculture. The domestic legal framework is highly influenced by the international legal developments as well as soft laws formed by these institutions and it will be discussed in the further parts of this chapter.

4.1 Land Tenure Laws and Soil Conservation Peasants with secured land tenure are considered to be important for good land management40 as well as efficient soil conservation mechanisms.41 It is also an established argument that lack of land tenure rights may end up in reduced

Further details; available at: https://dfpd.gov.in/nfsa-act.html (accessed 08 February 2021). 38  The Second Advance Estimates of production of Food grains, Oilseeds and Other Commercial Crops for the year 2019–2020, released by the Department of Agriculture, Cooperation and Farmers Welfare, p. 1; available at: http://agricoop.nic.in/statistics/second-advance-estimates-production-foodgrains-oilseeds-and-other-commercial-crops-year.html (accessed 08 February 2021). 39  Swaminathan (2013); available at: https://www.thehindu.com/opinion/lead/From-BengalFamine-to-Right-to-Food/article12342992.html (accessed 08 February 2021). 40  Akram et al. (2019), p. 3925. 41  Panayotou (1993), p. 176.

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incentives for better soil conservation methods.42 In Canada, the government decided to give long term lease periods to farmers in order to improve the land management and some authors suggest that it helped in better soil conservation methods.43 Land reforms have been an important part of India’s state policy since independence. India was still a feudal country with stark discrimination in land ownership. Along with the efficient use of land and increased agricultural productivity, the land distribution programme has the intention to ensure social justice. The caste system and the zamindari system44 have created a hierarchical system of land ownership. In most cases, the tillers of the land never owned the land. The abolition of the Zamindari system and introduction of family ceiling was significant in the process of land distribution during the initial phase. According to Entry 18, List II, Seventh Schedule of the Constitution of India, “Land” is classified as a state subject thereby state governments in India have the right to pass legislations for land reforms. Some of the most notable and successful land reform laws were passed by the State of Kerala and West Bengal.45 Different states in the country adopted different legislations and also put different limits in ceiling laws. Some states opted for individual ceiling limits (for e.g., West Bengal) while others followed family ceiling limits (for e.g.: Uttar Pradesh). The major drawback of these legislations was that there are several exemption clauses. These loopholes were abused by several landowners and most of them managed to retain huge land areas by mala fide methods. Some of them approached courts to block the implementation of these ceiling laws. 46 Many farmers in the country are still waiting for the transfer of ownership of the land in which they are tilling as the land reform programme remains an unfinished task in most states in the country. This is one of the first impediments in any of the soil protection programme to be implemented. Strong land distribution legislation as well as its effective implementation ensures social justice for the peasants in the country thereby a sustainable soil conservation mechanism. On the other hand, the land acquisition laws that India inherited from colonial times were against the interests of peasants, landowners as well as the agricultural

 Praneetvatakul et al. (2001), pp. 103–109.  Fraser (2004), pp. 73–79. 44  The Zamindari system of tax collection based on the principle of extracting heavy taxes from the zamindars or native landlords was created by the British East India Company in 1793 headed by Charles, Earl Cornwallis through the Permanent settlement Act. The Permanent Settlement was introduced first in Bengal and Bihar and later to Orissa and Varanasi. It was later introduced to all over northern India by a series of regulations dated 1 May 1793. The other two systems prevalent in India were the Ryotwari System introduced by Thomas Munro (1820) in Madras, Bombay, parts of Assam and Coorg provinces of British India and, the Mahalwari System introduced by William Bentick (1822) in Central Province, North-West Frontier, Agra, Punjab, Gangetic Valley, etc. Taxes were directly collected from the land-owning farmers. For further details of Zamindari System in India, see Morse (1950), pp. 233–239. 45  Rao (1992), pp. 50–64. 46  Golak Nath v Punjab, 1967 2 SCR 762. 42 43

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labourers.47 The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 201348 has increased considerably the amount of compensation to be received by landowners. It also provides for their rehabilitation and resettlement in the event of displacement. However, an amendment bill49 is passed by the Lok Sabha for giving exemptions to social impact assessment, restrictions on acquisition of multi-cropped land, and consent for private projects and public private partnerships (PPPs) projects etc.

4.2 Large Scale Agriculture Investments: Effect on Soil One of the major exemptions of the land reform laws in the country is the lack of ceiling limits for large scale plantations. Most of these plantations follow monoculture like tea, coffee, rubber, cardamom etc. This single crop cultivation is harmful to the biodiversity as well as the fertility of the soil and on the other hand, diversifying crop cultivation along with other benefits, can reduce drought stress by helping to conserve water in the soil profile and help to replenish depleted soil fertility.50 The FAO report further stated that several bio-diverse agricultural lands are converted to large scale areas of monoculture in different parts of the world. Studies have found that single crop cultivation in the tea gardens in Southern India has led to impoverishment of soil fertility and stabilization of yields, despite increasing application of external inputs such as fertilizers and pesticides.51 There is a global drive to invest in foreign agricultural land to ensure food security since the financial and food crisis of 2008.52 Globally, multinational food companies are investing in large tracts of agricultural land in Latin America, Africa, and Asia. 53 The legal framework for allowing foreign direct investments in India is laid  Wahl (2013); available at: http://india-seminar.com/2013/642/642_namita_wahi.html (accessed 08 February 2021). 48  The Land Acquisition, Rehabilitation and Resettlement Bill, 2011 was introduced in Lok Sabha on 7 September 2011. The bill was then passed by it on 29 August 2013 and by Rajya Sabha on 4 September 2013. The bill then received the assent of the President of India, Pranab Mukherjee on 27 September 2013. The Act came into force from 1 January 2014. Further details; available at: https://www.prsindia.org/theprsblog/land-acquisition-overview-proposed-amendments-law.html (accessed 08 February 2021). 49  The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Second Amendment) Bill, 2015 has been passed by the Lok Sabha on March 10, 2015. 50  Food and Agriculture Organisation (2019), p. 572; available at: http://www.fao.org/3/CA3129EN/ CA3129EN.pdf (accessed 08 February 2021). 51  Senapati et al. (1994), pp. 39–51. 52  Narula (2013), p. 101. 53  World Bank Group (2010), “Rising Global Interest in Farmland: Can it yield Sustainable and Equitable Benefits?”, p.  1; available at: http://siteresources.worldbank.org/INTARD/Resources/ ESW_Sept7_final_final.pdf (accessed 08 February 2021). 47

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out in Foreign Direct Investment (FDI) policy. The FDI policy was amended in 201154 to allow automatic registration of foreign investments of up to 100% of the shares in certain specific sectors like floriculture, horticulture, apiculture and cultivation of vegetables and mushrooms under controlled conditions; development and production of seeds and planting material; animal husbandry, fish farming, aquaculture, under controlled conditions etc. 100% FDI is allowed in services related to agro and allied sectors as well as the tea plantation sector. Foreign investment is not allowed in other agricultural activities. Though food crop production is largely out of the purview of FDI, the FDI in allowed sectors has its effects on the soil quality. Large scale investments bring in mechanized agriculture and heavy machinery use on fragile soils has negative effects on the soil quality.55

4.3 Agricultural Laws Relating to Fertilizers and Pesticides Input management in agriculture refers to water availability and irrigation methods, use of hybrid seeds, fertilizers, pesticides and supply of electricity etc. Different legislations are put in place to deal with these specific areas related to agriculture. The Central Government has the powers to control the industries dealing with Fertilizers (inorganic, organic and mixed) as mentioned in the First Schedule (serial number 13) of the Industries (Development and Regulation) Act, 1951 (IDRA). Utilizing the powers available under section 2 (a) (xi) of the Essential Commodities Act, the Central Government has also declared “Fertilizers whether inorganic, organic or mixed” as an Essential Commodity.56 Fertilizer (Control) Order (FCO), 1985 which is administered by Department of Agriculture Cooperation, Government of India has been issued under the Essential Commodities Act, 1955.57 The FCO lays down clear guidelines to ensure the quality for use as fertilizers in the soil, product-wise specifications, methods for sampling and analysis of fertilizers and it regulates the licensing and registration of manufacturers and dealers. Currently, under the direct benefit transfer (DBT) scheme, the fertilizer subsidies are released to the fertilizer companies, instead of beneficiaries, after the sale is

 Department of Industrial Policy and Promotion, Ministry of Commerce and Industry Government of India (Circular 1 of 2011)  - Consolidated FDI Policy (D/o IPP F.  No. 5(1)/2011-FC) Dated 31.03.2011, D/o IPP F.  No. 5(1)/2011-FC Dated 31.03.2011, Effective from April 1, 2011, p.  40,121; available at: https://dipp.gov.in/sites/default/files/FDI_ Circular_012011_31March2011%20%205_0.pdf (accessed 08 February 2021). 55  The Research Council of Norway (2011), “Heavy agricultural machinery can damage the soil, Nordic researchers find.” ScienceDaily, 9 May 2011; available at: http://www.sciencedaily.com/ releases/2011/05/110505083737.html (accessed 08 February 2021). 56  GOI Notification S.R.O. No. 10 dated 29.3.1957. 57  Section 3 of the Essential Commodities Act, 1955 (Act No. 10 of 1955). 54

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made by the retailers to the farmers.58 Fertilizer subsidies should be designed according to the needs of the soil conservation requirements like balanced nutrition for the soil, inclusion of organic fertilizers etc. Government should promote organic fertilizers along with the chemical fertilizers and regulate the fertilizer companies and distributors who dominate the fertilizer industry. The FCO also provides for cancellation of authorization letter/registration certificates of dealers and mixture manufacturers. It also provides for imprisonment of 3 months up to 7 years and also with fine to offenders under Essential Commodities Act. It is a cognizable offence.59 The number of quality control laboratories has to be increased to ensure the quality of fertilizer based on site specific policies.60 A study found that only 31 percent of the farmers had shown a favourable attitude towards testing their soil in labs while 37 percent had shown an unfavourable attitude and 35 percent were neutral in their reaction.61 The major barriers are the inadequate testing facilities as well as lack of awareness about such programs and technical knowhow.

4.4 Genetically Modified Organisms Crops and Soil Health Several studies have proved that Genetically Modified Organisms Crops (GMO) crops have no significant negative impacts on soil protection; instead, some of them have positive impact on soil health.62 Herbicide tolerant crops help in the specific damage of weeds which in turn act as a blanket that protects the soil from washing off. 63 Bt plants have shown no adverse effects on the process of decomposition64 as well as on the soil organisms.65 The companies dealing with development of transgenic seeds/vegetables, genetically modified seeds or planting material are obligated to meet all safety requirements as stated under the Environment (Protection) Act on genetically modified organisms (GMOs). Further, the import of GMOs may be subject to the conditions

 Sally (2018); available at: https://economictimes.indiatimes.com/news/economy/policy/directbenefit-transfer-fertiliser-subsidies-to-be-released-to-companies-says-government/articleshow/63185449.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst. html (accessed 08 February 2021). 59  Section 7(i)(a)(ii) of the Essential Commodities Act, 1955 (Act No. 10 of 1955). 60  Currently, there are 74 Fertilizer Quality Control Laboratories in the Country which includes 4 set up by the Central Government as CFQC&TI, Faridabad and its three Regional Laboratories. 61  Patel and Chauhan (2012), pp. 114–116. 62  The International Service for the Acquisition of Agri-biotech Applications (ISAAA) (2017), “Global Status of Commercialized Biotech/GM Crops in 2017: Biotech Crop Adoption Surges as Economic Benefits Accumulate in 22 Years”, ISAAA Brief No. 53, Ithaca, NY, p. 29. 63  Fernandez-Cornejo et al. (2012), pp. 231–241. 64  Zurbrügg et al. (2010), pp. 257–267. 65  Icoz and Stotzky (2008), pp. 559–586, available at: https://www.sciencedirect.com/science/article/abs/pii/S0038071707004439.html (accessed 08 February 2021). 58

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laid down in the notifications issued under the Foreign Trade (Development and Regulation) Act 1992. Under the Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Micro Organisms Genetically Engineered Organisms or Cells 1989 (GM Rules), no one can import, export, transport, manufacture, use or sell any genetically modified organisms (GMO) or substances and products containing GMOs without the approval of the Genetic Engineering Appraisal Committee (GEAC).66 The use of GMO for the purpose of research will only be allowed in laboratories notified under the Environment Protection Act 1986. Different committees that are set up according to the GM rules are responsible for granting approval on proposals relating to release of GM organisms into the environment including experimental field trials.

4.5 Phyto-sanitary Laws and Soil Conservation India is a signatory to the International Plant Protection Convention (IPPC) 1952. IPPC lays down rules for phyto-sanitary certification to ensure the quality of plants that have to be exported. Article V of the IPPC obligates the member states to ensure export inspection and Phyto-sanitary certification of plants and plant products before exports.67 Article IV of International Plant Protection Convention (IPPC) to meet the legal obligations of the member countries is carried out in accordance with.68 The soil quality is pertinent to the quality of plant products produced in the country and the Phyto-sanitary laws and guidelines will have a positive influence on the measures relating to soil conservation.

5 Conclusion Degradation of soil is a lived reality in India. With a humongous population and huge demand in food crops, various methods have been adopted by the Indian peasants that have badly impacted the soil health of the country. Mechanisation in  Section 7(1) of the Manufacture, Use, Import, Export and Storage of Hazardous Micro Organisms Genetically Engineered Organisms or Cells Rules, 1989. Ministry of Environment, Forest and Climate Change (MoEFCC) notified the GM rules as per powers conferred by Sections “Regulation of Genome Engineering Technologies in India”, 8 and 25 of Environment (Protection) Act, 1986. 67  Article V - Phytosanitary certification says: “1. Each contracting party shall make arrangements for phytosanitary certification, with the objective of ensuring that exported plants, plant products and other regulated articles and consignments thereof are in conformity with the certifying statement to be made pursuant to paragraph 2(b) of this Article.” 68  Accordingly inspecting & certifying authorities are notified by Ministry of Agriculture for undertaking export inspection and phytosanitary certification vide Notification: 8-97/91-PP.I dated 26th November 1993 as reproduced in Appendix-1. 66

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agriculture and heavy use of fertilizers and pesticides though has helped the nation to feed its citizens but has degraded the soil of this land. The agricultural policies including the Green Revolution has degraded the soil of many parts of the country to an irreversible state. According to the 2019 Global Hunger Index,69 India ranked 102nd out of 117 qualifying countries. With a score of 30.3, India suffers from a level of hunger that is serious. Though these calculations are contested by Indian Government authorities,70 India clearly has a malnutrition problem. Along with Land Degradation Neutrality, Zero Hunger is also a Sustainable Development Goal to be achieved by 2030. Hence, it is important to find a fine balance between these two targets in the Indian context. The policy makers in the agricultural sector need to keep these two factors in mind while framing the policies and legislations. Along with this, the agricultural sector is still the largest employer in India. Approximately 60 percent of the Indian population works in this sector, contributing about 18 percent to India’s GDP. The income of farmers is a critical factor in India while framing policies for a better soil management. While switching towards low yielding farming methods for the principle of soil protection, the government needs to support the farmers with sufficient income through better MSP’s and direct transfer of benefit schemes. Most of the peasants in the country lack land tenure rights which has a significant effect on their potential to employ soil conservation methods. The land reform laws should be implemented in an equitable manner in all parts of the country by providing sufficient protection against the fragmentation of agricultural lands. It is significant to protect the rights of small farmers as well as the quality of soil when there are large scale investments in agriculture by scrutinising the projects. Indian government should invest in the agricultural sector more for better crop management as well as efficient watershed management. Allocations should be provided for developing less harmful fertilizers and pesticides. In a globalised world, while it is important to have strict phyto-sanitary laws for ensuring the quality of exporting food items, it is equally important to protect the interests of domestic consumers. The latest developments in the GM seeds need to be closely monitored though there are no proven significant impacts on the soil health. Prevention of soil pollution by monitoring the industrial sector is another task that should be taken by the government seriously. Social audit of industrial plants should be done in a consistent manner. Proper waste management helps in the protection of soil health to a large extent. Protection of soil biodiversity is not just important for the agricultural

 The Global Hunger Index is a peer-reviewed annual report, jointly published by Concern Worldwide and Welthungerhilfe, designed to comprehensively measure and track hunger at the global, regional, and country levels. For further details, see http://www.globalhungerindex.org/ (accessed 08 February 2021). 70  Look at govt data instead of using outmoded method of ranking India in Global Hunger Index: NITI Aayog Chief, Free Press Journal, 24 July 2020; available at https://www.freepressjournal.in/ india/look-at-govt-data-instead-of-using-outmoded-method-of-ranking-india-in-global-hungerindex-niti-aayog-chief (accessed 08 February 2021). 69

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sector but for the very survival of the human race. A food crisis along with climate change disasters can wipe out life from this planet.

References Akram N et  al (2019) Does land tenure systems affect sustainable agricultural development? Sustainability 11(14):3925 Bartiz R et  al (2018) Voluntary guidelines for sustainable soil management: global action for healthy soils. In: International yearbook of soil law and policy, 2017. Springer, p 21 Desai BH, Sidhu BK (2016) Striving for land-soil sustainability: some legal reflections. In: International yearbook of soil law and policy. Springer, pp 37–45 Desai BH, Sidhu BK, Kumari N (2019) Sustainable cities in India: a governance challenge. In: International yearbook of soil law and policy. Springer, pp 29–54 Ellis S, Mellor A (1995) Soils and environment. Routledge Publications, London, p 10 Fernandez-Cornejo J et al (2012) Conservation tillage, herbicide use, and genetically engineered crops in the United States: the case of soybeans. AgBio Forum 15(3):237 Food and Agriculture Organisation (2019) In: Bélanger J, Pilling D (eds) The state of the world’s biodiversity for food and agriculture. FAO Commission on Genetic Resources for Food and Agriculture Assessments, Rome, p 572 Fraser EDG (2004) Land tenure and agricultural management: soil conservation on rented and owned fields in southwest British Columbia. Agric Hum Values 21:78 Gupta P (2013) Soil and its economic implications in India. Int J Res Dev Pharm Life Sci 2(6):652 Icoz I, Stotzky G (2008) Fate and effects of insect-resistant Bt crops in soil ecosystems. Soil Biol Biochem 40(3):585 Islam MM (2007) The great Bengal Famine and the question of FAD yet again. Mod Asian Stud 41(2):422. Cambridge University Press Mishra V et al (2019) Drought and famine in India, 1870–2016. Geophys Res Lett 46(4):2082 Morse R (1950) Land tenure and Indian society (Agrarian Reform in India). Am Inst Pac Relat 19(22):233–239 Mukerjee M (2014) Bengal Famine of 1943: an appraisal of the famine inquiry commission. Econ Polit Wkly 49(11):71 Narula S (2013) The global land rush: markets, rights, and the politics of food. Stanford J Int Law 49(1):101 Panayotou T (1993) Green markets: the economics of sustainable development. International Centre for Economic Growth, Sector Studies Series No. 7, The Harvard Institute for International Development, ICS Press, Sans Francisco, p 176 Patel JK, Chauhan NB (2012) Attitude of farmers toward SHC program. Asian J Soil Sci 7(1):114–116 Praneetvatakul S et al (2001) Assessing the sustainability of agriculture: a case of Mae Chaem Catchment, Northern Thailand. Environ Int 27:103–109 Rao VM (1992) Land reform experiences: perspective for strategy and programmes. Econ Polit Wkly 27(26):50–64 Sally M (2018) Direct benefit transfer: fertilizers subsidies to be released to companies. Economic Times, 6 Mar, 2018 Sen A (1977) Starvation and exchange entitlements: a general approach and its application to the great Bengal Famine. Camb J Econ 1(1):58 Senapati BK et  al (1994) Restoration of degraded soil in intensive tea plantation (India). In: ‘Conservation of soil fertility in low input agricultural systems of the humid tropics by manipulating earthworm communities’, CCE Macrofauna Project II (STD3) Report No 3, Paris, p 39 Swaminathan MS (2013) From Bengal Famine to right to food. The Hindu, 13 Feb 2013

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TERI (2018) Economics of desertification, land degradation and drought in India. TERI Publications, New Delhi, p 29 Wahl N (2013) Land acquisition, development and the constitution. Seminar, 1st Feb 2013, vol 632 World Bank (2006) Sustainable land management: challenges, opportunities and trade off. World Bank Publications, Washington DC, p 5 Zhao X (2018) Soil degradation through agriculture in China: its extent, impacts and implications for environmental law reform. In: International yearbook of soil law and policy, 2017. Springer Zurbrügg C et al (2010) Decomposition dynamics and structural plant components of genetically modified Bt maize leaves do not differ from leaves of conventional hybrids. Transgenic Res 19(2):265

Forest Policy, Law and Institutions: Relevance for Soil Degradation Anupam Jha and Santosh K. Upadhyay

Abstract  Legal and policy frameworks for forest regulation in British India were characterized by the monopolistic aspirations of colonial government to garner maximum economic benefits out of the forests. The Forest Policy of 1894 and the Forest Act of 1927 reflect these economic considerations of British India through many nuanced ways. This legal and policy outlook slowly started to change after independence and the ideas of conservation and community participation made their ways in the discourse on forest regulation with the passage of time. Post-­ Stockholm developments of the regulatory mechanism over forest were aimed at balancing the demands of state’s monopoly and the community participation to achieve a balance between the economic exploitability and conservation of forests. In the implementation of these policies and laws, the need for soil conservation was either absent or at the rear end of priorities. Though, some of India’s Five-Year Plans incorporated provisions on soil conservation, especially soil erosion, still their scrupulous compliance by the State authorities remained questionable. The potential of these laws to contribute to soil conservation is not properly examined and needs to be explored academically and jurisprudentially. There is also a need to visit afresh the environmental jurisprudence crafted by the Indian Courts and tribunals to evaluate them against their viability for soil conservation. This chapter aims to explore impact of forest related laws, policies and institutions with respect to conservation of soil. The chapter analyses the existing Constitutional, policy and legal mechanisms having direct or indirect bearings upon the forests. This is done with aim to find the gaps and opportunities that may be useful for the protection and conservation of soil. This chapter further discusses the role of the Supreme Court of India in protecting the environment. In particular, this chapter examines the role of specialized National Green Tribunal in the legal protection of forests and soil degradation. It discusses some of the landmark judgments of this Tribunal on this aspect. Keywords  Forest policy · Carbon sequester · Forest rights · Forest conservation · Incomparable values A. Jha (*) · S. K. Upadhyay Faculty of Law, University of Delhi, Delhi, India © The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 B. H. Desai (ed.), Soil Law and Governance in India, International Yearbook of Soil Law and Policy, https://doi.org/10.1007/978-3-031-32360-7_6

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1 Introduction Soil is a living system and a handful of fertile soil contains billions of bacteria and other active species. It is essential for availability of food and water on earth and it is instrumental in maintaining food chains of different ecosystems. The availability of potable ground water can never be imagined without soil because it is the soil that naturally filters the rain water. Soil also mitigates the effects of climate change and provides resilience to floods and droughts. It is the biggest carbon sequester. It sustains vegetation and habitation on the earth and it is a key to earth’s biodiversity. It would not be  an exaggeration to say that soil is an integral and intrinsic part of ecosystem and it facilitates many essential ecosystem services. Though soil is integral and intrinsic to ecosystem, it is neither an inexhaustible resource, nor is renewable during one’s life span. It takes hundreds to thousands of years to make few centimetres of soil but it may be lost in few hours. The soil pollution, erosion, salinity and its conversion to non-natural purposes as well as lack of cooperative and systemic management are the immediate reasons for its loss and degradation. There is an urgent need to check this loss and degradation of soil otherwise humanity would witness acute crisis of food and water in the near future. Forests have direct relation with soil conservation. They are the natural barriers against soil erosion caused by wind and water. Forests, by leaving their natural residue, facilitate the organic activities in the soil that keep them nurtured. It helps soil retain moisture and thus contribute to its fertility. They are the effective barriers against desertification. India has a target to have 33% of its land area under forest and tree cover. Currently only around 21.71% of its geographical areas are under forest and tree cover.1 32% of India’s land is under degradation and 25% of its land is under desertification.2 These figures clearly depict the glaring reality of soil health in India. It also reminds the urgency to take appropriate steps towards improvement of soil health and its sustainability. On 14 June 2021, the Indian Prime Minister while delivering a key note address at the UN High-Level Dialogue on Desertification, Land Degradation and Drought said that during the last 10 years, India has added 3 million hectares of lands to her forest cover.3 But still the magic ratio of one-third forest cover to the total land area seems to be a distant reality. In the same speech, the Prime Minister also emphasised India’s commitment to restore 26 million hectares of degraded land by 2030 to achieve land degradation neutrality and also to have additional carbon sink of 2.5 to

 Forest Survey of India (2021), India State of Forest Report 2021, Vol. 1, Chapter 2; available at: https://fsi.nic.in/isfr-2021/chapter-2.pdf (accessed on 17 May 2023). 2  Ministry of Environment Forest and Climate Change, Government of India; available at http:// moef.gov.in/division/forest-divisions-2/desertification/introduction/ (accessed on 14 March 2021). 3  Prime Minister’s Office (2021), Press Statement, 14 June 2021; available at https://pib.gov.in/ PressReleasePage.aspx?PRID=1727045 (accessed on 08 September 2022). 1

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3 billion tonnes of carbon dioxide equivalent.4 Achieving these goals would not be easy without proper understanding of the current legal and policy frameworks. It is need of the hour to critically analyse the existing legal and policy frameworks that are having direct or indirect bearings upon soil health. This would facilitate the development of wholesome cross-sectoral approaches towards sustainable soil management. This chapter discusses legal and policy framework on forest regulation in India and their implications on soil health. The chapter tries to map the soil in existing legal and policy frameworks over forests. It also goes deeper into the history of forest regulation in India, in order to contextualize the current regulatory frameworks. Apart from introduction (Sect. 1), the chapter is divided into four sections. Section 2 discusses the overall constitutional structure of forest governance in India. Section 3 discusses the relevant laws, policies and institutions involved in forest management that are having implications on soil health. Section 4 discusses the relevant jurisprudence evolved through the judgments of the Supreme Court of India and the National Green Tribunal. Section 5 of the chapter concludes the study with suggestions.

2 Constitutional Governance Over Forests Indian masses have deep-rooted cultural and religious links with forests and trees. Ancient Indian texts held forests in much esteem and spread this understanding among people through rituals, stories, folklores etc. There are communities who worship forests and trees, like gods and goddesses. Many rituals of various Indian communities are directly connected to the forests and trees. The forests and trees were even protected against any attack during conflicts. Despite these cultural and religious practices, codification of rules and regulations concerning forests was not done till mid-nineteenth century. The first modern attempt to regulate forests affairs in India can be traced back to 1855, when the then colonial government headed by Governor-General Dalhousie issued a memorandum entitled ‘Charter of Indian Forests’.5 It ensued the era of custodial and centralized regulation of forests in colonial India. Restrictions were imposed against unchecked exploitation of forests by private agencies. During 1864, the Imperial Forest Department was created and the administration over forests was entrusted to it.6

 Ibid.  Balaji (2002). 6  Indian Forest Service (History); available at: http://ifs.nic.in//content/Index/?qlid=2009&Ls_ is=4093&lngid=1 (accessed on 14 March 2021). 4 5

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The famous German forester Dietrich Brandis was appointed the Inspector General of Forests in 1864.7 He was instrumental in creating the inventories of Indian trees. The Indian forests were surveyed and studied scientifically. The importance of conservation of forests in maintaining physical and climatic conditions emerged on the horizon of forest regulation. But in practice, intrinsic and natural conservation was still a distant dream and the forest conservation was mainly directed to the demands of sustainable yield. Dr. Brandis propounded the principle of yield control under which the felling of first-class trees (trees over prescribed diameter) should be restricted to the growing stock of second-class trees that might replace them in a year. The active involvement of British government in forest regulation caused hostility between government authorities and traditional forest dwellers communities. Government experts believed that unscientific practices of forest dwellers communities were the reasons for destruction of forests. The existence of forest dwellers communities was seen with hostility against goals of gaining colonial control over India’s forest. This hostility towards forest dwellers side-lined them from being considered as active participants in any forest related exercises. The Forest Act of 1865 and 1878 further strengthened the Government control over forests.8 The forest regulation was with the Central Government till the Government of India Act 1935. After that, forest was placed under the provincial legislative list as Entry 22.9 The same system continued after independence and the forest remained under the State List as Entry 19  in the Constitution of independent India.10 The Indian Constitution divides legislative powers between Union Parliament and State Assemblies as per the formulation of three different lists under the Seventh Schedule: Union List, State List and Concurrent List. Union Parliament has exclusive legislative power over entries in the Union List. Barring the application of emergency provisions and other specific exceptions, each State Assembly has legislative powers over the entries in the State List. For the matters in Concurrent List, the law-­ making power lies with both Union Parliament as well as State Assemblies subject to a condition that in case of any repugnancy, the laws made by the former would prevail to the extent of such repugnancy. In the Constituent Assembly, when arguments were raised to put forests in the Concurrent List, it was objected by Govind Ballabh Pant, the then premier of the United Province.11 He found such move against the ethos of decentralization, an important principle of Indian freedom struggle. He was also sceptical that a big country like India could bear the burden of centralization of forests’ regulations.12

 Ibid.  Kulkarni (2000); available at https://www.india-seminar.com/2000/492/492%20s.%20kulkarni. htm (accessed on 14 March 2021). 9  Kulkarni (1989), p. 860. 10  Ibid. 11  Austin (2019), p. 249. 12  Ibid. 7 8

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On being countered by Jawaharlal Nehru pointing what if the Union adopted legislation relating to forests under its authority to undertake national planning, Pant replied in prophetical way that coercing states through central legislations would not be fruitful.13 The ethical values ingrained in G.B. Pant’s contention cannot be denied but the non-cooperative and asymmetric forest laws could seriously compromise the forest conservation. This was the time when forests were primarily seen as resource for development. The need of their cooperative, intrinsic and wholesome conservation was yet not properly appraised. With the passage of time, the government’s approaches evolved and the 1972 Stockholm Conference was a milestone. It ensued many path breaking developments towards preservation and conservation of forests. ‘Forests’ was removed from the State List and added to the Concurrent List as entry 17A by 42nd Constitutional Amendment Act 1976. Thus, legislative competence over forests is now vested to the Union Parliament as well as State Assemblies with former having the capacity to prevail over latter to the extent of repugnancy. Thus, any law made by Union Parliament in respect of forests would prevail over all other inconsistent forest laws made by State Assemblies. The 42nd Amendment Act also added article 48A in the Directive Principles of State Policy and, article 51A as fundamental duties. Article 48A entrusts State with a duty to protect and improve the environment, and to safeguard the forests and wild life of the country. The Directive Principles are fundamental in the governance of India and it is the duty of Indian State to apply these principles while making laws.14 They are the positive obligations and their realization depends upon the material progress of the country. Thus, each organ of Indian State is now under positive obligation to protect and safeguard the forests through appropriate laws, policies and programmes. Article 51A(g) entrusts every citizen with a fundamental duty to protect and improve the natural environment including forests, lakes, rivers and wildlife, and this was a significant addition through the 42nd Constitutional Amendment Act, 1976.15 The fundamental duties represent core national values; however, they are not justiciable unless they are supported by specific laws. The Indian Constitution also provides for devolution of minor managerial aspects over forests to the local units of self-governance. State Legislature can make laws to endow the Panchayats with such powers and functions over social forestry, farm forestry and minor forest produce that help them develop as institutions of self-­ government.16 The basic purpose of this provision is to recognize the historical dependence of traditional forest dwellers on forests and to ensure their active participation in forest conservation. Similarly, the State Legislature can also endow Municipalities to regulate urban forestry.17

 Ibid.  Constitution Of India, 1950, Article 37. 15  Constitution of India, 1950, Article 51A (g). 16  Constitution of India, 1950, Article 243 G and Eleventh Schedule Entries 6 and 7. 17  Constitution of India, 1950, Article 243 W and Twelfth Schedule, Entry 8. 13 14

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3 Soil in Forest Policies, Laws and Institutions 3.1 Forest Policy of 1894 The first Forest Policy of India was made in 1894. It divided forests into preservation forests, commercial forests, minor forests and pasturelands. While the preservation forests were earmarked for environmental purposes, commercial forests were mainly for fulfilling the demands of timber and other forest produce. The minor forests and pasturelands were left for the satisfaction of the needs of the local population.18 The promotion of the general well-being of the British India was a primary objective of this forest policy.19 The forest policy gave preference to the permanent cultivation over forestry.20 However, this policy does not have any specific guidelines for the private forests, wild life, catchment area and forestry education and training.21

3.2 Land Preservation Act 1900 (Punjab) The concern of soil conservation has made entry in the Indian legal system as early as 1900.22 The colonial government of Punjab made its Land Preservation Act 1900 to regulate or prohibit activities that may cause land erosion or depletion in subsoil water. The preamble of the Act contains the ideals of providing better protection and preservation of the certain portions of the territories of Punjab. The Government can designate areas under this Act and then can issue orders to regulate, restrict or prohibit in such areas the activities like cleaning or breaking up the land, cultivation of land, cutting of trees or timber or setting up of fire tree or timber, quarrying stone or burning of lime, herding etc.23 This Act though depicts that land preservation was in the imagination of the Government as early as 1900. But when it came to the forest, the concerns of soil conservation remained peripheral. The monopolistic economic exploitability of forests was the main driving force for forest’s regulation when Forest Act of 1927 (Forest Act) came into force.

 Balaji (2002), n. 5.  Ibid. 20  Ibid. 21  Ibid. 22  Reddy et al. (2004), p. 1, Conserving soil and water for society sharing solutions; available at https://www.tucson.ars.ag.gov/isco/isco13/PAPERS%20R-Z/C%20REDDY.pdf (accessed on 14 March 2021). 23  The Punjab Land Preservation Act, 1900, Sections 3, 4 & 5; available at: https://prsindia.org/ acts_bills/acts_state/files/pdf/punjab/1900/1900PN2.pdf (Last Accessed on 14 March 2021). 18 19

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3.3 Forest Act of 1927 The Forest Act was driven by the monopolistic regulatory aspirations of State over forests. The primary concern of the legislation was the systematization and control over revenue coming from forests.24 The preamble of the Act states that the law was promulgated to consolidate the then existing laws related to forest, transit of forest produces and the duty on timber and other forest produce.25 Since the consciousness of conservation and preservation were already on the horizon, this Act also made some provisions towards this aim. The Forest Act made provisions for reserved forests, village forests and protected forests. The State Government can constitute any forest or waste land over which the Government has proprietary rights as reserved forests through notification.26 There is bar on accrual of any fresh right except through succession or Government’s permission in the reserved forests. The continuation of all the pre-existing rights is subject to the fresh validation by the Forest Settlement Officer. The Forest Act prohibits many activities including clearing or breaking up of lands, cutting of timbers, quarrying, trespass, removal of any forest produce etc in the reserved forests if they are done without proper sanctions.27 The forest produce is defined inclusively as consisting of peat, surface soil, rocks and minerals and all products of mines and quarries when brought from the forest.28 Thus the removal of surface soil from reserved forests without the authorization of state government was prohibited under this Act. This may be argued as protection against unauthorized human intervention in the reserved forests. State Government has authority to change the status of forests from reserved to any other and any such change will not bring back the extinguished rights.29 Village forests were conceptualized primarily to give limited space to the local communities in the management of forests. This was to assuage the resistance and hostilities of forest-dependent communities.30 As per the Forest Act, the State Government may assign any of its rights to the village communities over any lands that have become part of reserved forests.31 Village forests are the small pockets of reserved forests where local village communities have some control over the management of forest produce.32  Leelakrishnan (2009), p. 40.  The Indian Forest Act, 1927, Preamble; available at: https://www.prsindia.org/sites/default/files/ bill_files/bill185_20080723185_The_Indian_Forest_Act__1927.pdf (accessed on 14 March 2021). 26  Ibid, sec. 3. 27  Ibid, sec 26. 28  Ibid, section 2(4)(b)(iv). 29  Ibid, sec 27. 30  Broome et al. (2019); available at: https://www.downtoearth.org.in/blog/forests/the-indian-forest-act-s-proposed-amendment-is-dangerous-and-fanciful-64319 (accessed on 14 March 2021). 31  The Indian Forest Act 1927, n. 25, Section 28. 32  Ibid, Section 28. 24 25

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The State Government can also declare by notification a forest land or wasteland that are the property of Government and not reserved forest as protected forest. In the protected forests, State Governments have the power to regulate following by rules: first, to declare any tree or class of tree as reserved; second, to close any portion of such forest against private rights; third, to prohibit stone quarrying, removal of forest produce, breaking up or clearing the forest land for cultivation or building etc.33 There is one major difference between the regulation over reserved forests and protected forests. The legal incidences over reserved forests are mentioned in the Act, whereas in respect of protected forests, these legal incidences were left to the rule-making powers of the State Government. State Government can regulate through rules some areas of protected forests and can leave some areas unregulated. Chapter V of the Forest Act is on private forests that has the most extensive and explicit protection against soil erosion. The State Government, in such forests, can by notification regulate or prohibit any activities ‘for the preservation of the soil on the ridges and slopes and in the valleys of hilly tracts, the prevention of land slips or of the formation of ravines, and torrents, or the protection of land against erosion, or the deposit thereon of sand, stones or gravel’.34 This is the most direct and explicit provision aimed towards soil conservation one can found in the Forest Act. If any of such prohibitions are violated, the State Government may take over the management of such forests or may subject them to the provisions of reserved forests.35 It indicates towards the presumption in the Act that Government controlled forests whether it would be reserve forests or protected forests are better managed against soil erosion in comparison to private forests. The Forest Act is still the main law relating to the forest regulation in India. States continue to regulate forest affairs through notification and rules; however, their powers are significantly curtailed by the Forest Conservation Act 1980 and judicial developments, which will be discussed later in the chapter.

3.4 Forest Policy of 1952 Independent India adopted its first Forest Policy in 1952. This policy was a blend of considerations of conservation and economic exploitability of forests. The following national needs formed the bases of this policy: first, balanced and complementary land use; second, checking denudation of mountains and other regions; third checking erosion along the riverbanks; fourth, establish tree lands; and fifth, strengthening supply of fuel wood, timber and fodder.36 The policy expressly recognized the importance of land use and protections against denudation and erosion as

 Ibid, Section 30.  Ibid, Section 35 (1). 35  Ibid, Section 36. 36  Kulkarni (1989), n. 9, p. 859. 33 34

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national needs. Agriculture was given priority over forestry but indiscriminate agricultural expansions were checked by the balanced and complementary land use. Under complementary land use, the land is allotted to such use that produces most and deteriorates least. This policy also fixed the national targets of 33% of forest cover to the total land area.37 This policy underlined the ethos of sustainability and proclaimed that rights and interests of future generations over forests should not be subordinate to the imprudence of the present generation.38 The policy divides forests into protection forests, national forests, village forests and tree lands. Protection forests were the areas on hill slopes and river banks where forest cover was thought essential to protect against erosion, control of torrents and floods and conservation of soil moisture.39 The national forests were used for commercial, defence and communication purposes. Village forests were categorized for the needs of local village community.40 Tree lands were kept for ecological purposes.41 Even though the forest was under State List at that time, the policy gave preference to the satisfaction of national interest from forests.42 This policy was criticized for being monopolistic and denying the role of local forest communities in the conservation efforts. This has further widened the gap between local communities and government authorities.43

3.5 Five Year Plans India’s erstwhile Five-Year Plans understood the intricate relationship between forests and soil conservation and took many steps towards this. The first plan itself recognized the importance of forests in protecting against soil erosion and its desiccation.44 The plan allocated the budget of 39 lakh rupees for soil conservation and subsequently it was increased. The Central Soil Conservation Board was set up in 1953. Its mandate was to do research on the issues of soil and water conservation and to assist states in developing soil conservation programmes. The second plan pledged to undertake soil conservation measures over 3 million acres already affected by soil erosion and the budget of 20 crore rupees was made available for the same. The Central Government had setup six research and training centres for soil conservation all over India.  Joshi et al. (2011), p. 87.  National Forest Policy 1952, paragraph 7. 39  Kulkarni (1989), n. 9, p. 859. 40  Ibid. 41  Ibid. 42  Ibid. 43  Ibid. 44  Government of India, Five Year Plans; available at: https://niti.gov.in/planningcommission.gov. in/docs/sectors/envir.php?sectors=env#for (accessed on 14 March 2021). Different Five-year plan documents in respect of forests can be found from this website. 37 38

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Highlighting the gravity of soil erosion, the Sixth plan mentioned a study of 1972 that estimated the loss of 6000 million tonnes of top soil per annum through water erosion. The Ninth Five Year Plan estimated that India was losing 5310 million tonnes of soil annually. It further estimated that India’s 45% of total geographical area is affected by soil erosions of many kinds. Many plan documents had specific provisions about forest and soil conservation and they established the direct linkages between forest cover and protection against land degradation.

3.6 Forest Conservation Act 1980 The Forest (Conservation) Ordinance of 25 October 1980 was duly approved by the Parliament and it became Forest (Conservation) Act 1980. The Act was amended in 1988 to give it more strength. According to this Act, State governments cannot pass any order without the prior approval of the Central Government in respect of the following matters. First, conversion of reserved forests or any portion thereof; second, use of any portion of forest land for non-forest purposes;45 third, transfer of forest land by lease or otherwise to any private person, authority, corporation not owned or controlled by the Government; and fourth, clearing of naturally grown trees over forest lands even for the purposes of re-afforestation.46 These provisions supersede any repugnant powers of the state governments under any other laws. The rule making powers for the implementation of this Act is with the Union Government. Though the Forest Conservation Act was made to prevent State governments from unscrupulously compromising the conservation of forests but somehow it resulted into new avenue to exploit forests through permission of Union government.47 It turned into just another procedural requirement for getting permission to exploit forests.48 Indeed, this Act does not prohibit any activity but only subject them to the approval of the Central Government. The big developmental projects were cleared on the forest land and mining leases were granted on one pretext or another while compromising the aims of conservation.49 The Supreme Court has taken note of some of these anomalies and added many new meanings and understandings to the Forest Conservation Act in T.N. Godavarman case.50 However, the  Forest Conservation Act, 1980, Section 2. Non-Forest purposes means breaking up or clearing of any forest lands for the purposes of “cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants and any purpose other than re-afforestation.” However, it does not include, any work relating or ancillary to conservation, development and management of forests and wildlife, works related to bridges, culverts, dams, waterholes, pipelines or other like purposes. (Explanation to Section 2) Section 2 of the Forest Conservation Act. 46  Ibid, Section 2. 47  Rosencranz et al. (2008), p. 12. 48  Ibid. 49  Ibid. 50  This case is discussed later in Sect. 4 of this Chapter. 45

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exclusive control of Central Government has definitely slowed the pace of conversion of forest lands for non-forest purposes. As per the Union Government, prior to 1980, the diversion rate of forest lands for non-forest purposes was about 1.43 lakhs hectare per  annum.51 After the FCA 1980, this rate now has been reduced to 15,000 ha, per annum.52

3.7 The Environment Protection Act 1986 The Environment (Protection) Act 1986 is also an important legislation having direct and indirect bearing upon forest regulation and management. This Act defines the environment in most natural and intrinsic way. It states that ‘environment included water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-­organism and property’.53 This Act delegates wide rule making powers to the Central Government for protecting and improving the environment. The Central Government has notified many Eco-Sensitive Zones (ESZ) under section 3(2)(v) of this Act. ESZs are the ecologically sensitive areas around 10  km of the national parks, sanctuaries and protected areas.54 They are the transitional zone that minimizes the effects of urbanization on forests and thus helps in their conservation. As per the statement made by the Central Government in the Lok Sabha (the lower house of the Indian Parliament) on 28 June 2019, there were final ESZ notifications covering  316 protected areas and draft ESZ notifications covering 199 protected areas.55

3.8 The National Forest Policy 1988 This forest policy was revolutionary on many fronts. This was the first such policy that gave explicit preference to forest’s role in maintaining environmental stability and ecological balance over their direct economic benefits. This policy shunned the erstwhile practice of categorization of forest lands for their exploitation, use and conservation. It understood the forests in their wholesomeness and natural profiles.  Ministry of Environment & Forests, http://moef.gov.in/division/forest-divisions-2/forest-conservation-fc/introduction/ (accessed on 15 March 2021). 52  Ibid. 53  The Environment (Protection) Act 1986, section 2(a). 54  Protected zones, national parks and sanctuaries are declared by the Central Government under the provisions of Wildlife Protection Act 1972. 55   India Environment Portal; available at: http://www.indiaenvironmentportal.org.in/content/464532/question-raised-in-lok-sabha-on-eco-sensitive-zones-28062019/  (accessed on 22 May 2023). 51

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The basic objectives of this policy include: first, maintenance and conservation of environmental stability and country’s natural heritage; second, checking soil erosion and denudation to mitigate floods and droughts; third checking the extension of sand dunes in the desert and coastal areas; and fourth, increasing the productivity of forests and efficient utilization of forest produce. It underlined the importance of sufficient forest cover to curb soil erosion and land degradation in hills and other fragile eco systems. It aimed to maintain one-third of total land area and two-thirds of the total hill areas under forest cover. This was also the first policy that expressly recognized the need and importance of evolving participatory and empowering mechanisms of forest management that should equally benefit local forest dwellers. This policy diluted the custodial and monopolistic approaches of previous policies. It was instrumental for issuing the circular on Joint Forest Management by the Government of India in 1990.56 Joint Forest Management (JFM) is an approach and programme wherein state forest departments involve local forest dwelling communities in protection and management of forests on the basis of shared costs and benefits. Under this, communities organize themselves into JFM committees and undertook the protection and management of forests according to locally drawn bye-laws. This mechanism ensures direct economic benefits and indirect benefits like soil and water conservation, eco system services, wildlife habitat etc. to the local communities. JFM programmes are also contributing in soil and water conservation at local levels. One of the aims of the programme is to ease the strain between forest officers and local communities. Some studies however, indicate that this goal could not be successfully achieved.57 Another important feature of this policy is the requirement of working plan for forest management. No forest could be worked without a government approved working plan.58 Such plan should be inclusive and integrate all the components of forest management. The Government of India has adopted its National Working Plan Code (Code) in March 2014.59 This Code integrates the forest sustainability, biodiversity and climate change related issues. The objectives of this Code include the soil and water conservation, and prevention against soil erosion. The Code also highlights the carbon sequestering capacity of soil and provides for appropriate action.60 The next working plan will be adopted in 2024.

 Ministry of Environment and Forests, Joint Forest Management: A Handbook; available at http:// ifs.nic.in/Dynamic/pdf/JFM%20handbook.pdf (accessed on 15 March 2021). 57  Sarker (2009), pp. 15–17. 58  The National Forest Policy 1988, para 4.3.2. 59  This is the revised version of the previous working plan of 2002. 60  Kumar et  al. (2020), pp.  1–22; available at: https://www.tandfonline.com/doi/pdf/10.108 0/10549811.2019.1632212 (accessed on 10 December 2021). 56

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3.9 PESA 1996 and FRA 2006 The decentralized and empowering approach over forest management was further strengthened by the enactment of Panchayat Extension to Scheduled Areas Act (PESA) 1996 and Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or Forest Rights Act (FRA) 2006 by the Parliament. These legislations were passed to make local forest dwellers communities mostly tribals, active stake holders in forest conservation and management. PESA 1996 extends the application of local village self-governance provisions of Indian Constitution (Panchayat provisions) to scheduled areas mostly inhabited by tribals. FRA 2006 provides security of tenures to the forest dwellers communities and provides for their ownership over minor forest produce. These legislations strengthened the right based participatory management approach of forest conservation.

3.10 The National Environment Policy 2006 This policy document is first of its kind that touches almost all components of environment at a time. This policy recommends that natural quality and productivity of land should be the essential consideration while granting any permission for forest clearance.61 Only essential and minimum quantity of forest land should be diverted for developmental activities and clearings to be avoided till the start of actual construction. The diversion of dense forest lands and areas of high endemism of genetic resources should be avoided and restricted only for vital national interest on site-­ specific basis.62 The policy underlined the ideas of protecting environmentally sensitive zone having ‘incomparable values’. The policy accepts land degradation as a matter of concern and it suggest many steps like systemic watershed management, involvement of stake holders including local communities, encouragement of agro-forestry and environmentally sustainable cropping pattern, promotion of sustainable alternative to shifting cultivation etc. to ameliorate it. Subsequent to this policy, the Ministry of Environment and Forests had issued Environment Impact Assessment (EIA) Notification in 2006 whereas it has been made compulsory to get environmental clearance as per the objectives of the Environment Policy before starting new projects or expanding the existing ones.

61 62

 The National Environment Policy 2006, p. 18.  Ibid.

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3.11 The National Forest Policy 2018 (Draft) This draft policy aims towards intrinsic and natural conservation of forests and its biodiversity. It aims to reverse the forest degradation without disturbing its natural profile. The goals of checking of denudation and soil erosion as well as maintaining the health of forest vegetation and forest soils also got a place in the objectives of this draft policy. It suggests restricting all the schemes and projects that disturb the forest covers on steep slopes, catchment areas of rivers and lakes, and ecologically sensitive areas. It emphasizes upon stabilization of the ecologically sensitive areas through suitable water and soil conservation measures. The role of forests in mitigating the effects of climate change as well meeting the national targets was also emphasized. This draft policy aims to develop integral management of forests by synthesizing many related areas like wildlife protection, participatory management, climate change mitigation, intrinsic and natural conservation; and protecting against denudation and soil erosion as well as maintaining vegetation and soil health through watershed and other programmes. To this end, it proposes the establishment of National Board of Forestry headed by the Central Minister in-charge of forests and State Boards of Forestry headed by the state minister in-charge of forests. Once established, these Boards are to ensure the inter-­ sectoral convergence, simplification of procedures, conflict resolution and periodic review.63

3.12 Ministry of Environment, Forest and Climate Change The Department of Forests was previously under the Ministry of Agriculture. It was transferred to the Ministry of Environment in 1985 and a new ‘Ministry of Environment and Forests’ was created. This Ministry further became the Ministry of Environment, Forest and Climate Change (MEF&CC) in 2014. This Ministry is the nodal agency for Union Government in planning, promotion, co-ordination and overseeing the implementation of India’s forestry policies and programmes.64 The broader objectives of the Ministry include first, survey, conservation and welfare of forests, wildlife and biodiversity; second, afforestation and checking land degradation; third, protection of environment and welfare of animals; and fourth, prevention and control of pollution. This Ministry is also the nodal agency for UNEP, SACEP, ICIMOD, and follow up activities under UNCED. It is also coordinating with many multilateral bodies like Commission on Sustainable Development (CSD), Global Environment Facilities (GEF) and others.

 The National Forest Policy 2018 (Draft), paragraph 4.8.   MEF&CC, Introduction; available at: http://moef.gov.in/about-the-ministry/introduction-8/ (accessed on 15 March 2021). 63 64

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Table 1  Important components of Forest and Wildlife division of MEF&CC (MEF&CC, Forests and Wildlife Division; available at: https://moef.gov.in/en/ (assessed on 09 September 2022)) 1. Desertification Cell

2. Eco Sensitive Zone 3. Externally Aided Projects 4. Forest Conservation 5. Forest Policy

6. Forest Protection 7. Green India Mission

This involves in inter-ministerial coordination to evolve and undertake activities essential to combat desertification and mitigate the effects of drought. It also helps in knowledge sharing and capacity building among different stake holders. This deals with eco sensitive zones as notified by Government of India under the powers given to it by the Environment (Protection) Act 1986. It coordinates with the donors of externally aided projects, state governments and different ministries at Union level for the smooth and proper implementation of the project. It coordinates the activities under Forest Conservation Act, 1980 and ensures the compliance of compensatory afforestation. This division deals with implementation of Indian Forest Act 1927 and the Indian Forest Policy 1988. This is headed by the Inspector General of Forests. It is involved in coordinating implementation of Joint Forest managements, harmonizing provisions of Forest Act 1927 with PESA 1996 and FRA 2006 in coordination with Ministries of Tribal Affairs and Panchayati Raj. It coordinates with the states and Union Territories to take steps against forest fire, ideological extremism in forest areas, encroachment on forest lands etc. This is one of the missions under National Action Plan on Climate Change. Its goals are to increase the forest cover to 5 million hectares and improve the forest and tree cover over another 5 million hectares. It also focuses upon enhancing eco-system services and hydrological service by afforestation initiatives.

The Forest and Wildlife division of MEF&CC is responsible for coordinating forest related issues. This division further has following cells for planning, monitoring and coordinating different sectoral aspects of forest management (Table 1).

4 Protection of Soil: Roles of the Supreme Court of India and the National Green Tribunal 4.1 The Supreme Court of India The Supreme Court of India (SCI) is the highest court of India. All other courts and tribunals are subordinate to it and bound by its judgment.65 The judgments of this Court are not only binding on the parties to the dispute, but also on similar disputes arising in future. The doctrine of judicial precedent is applicable to the courts in India. This Court possesses different types of jurisdictions: original, appellate, advisory, supervisory, admiralty, and writ. The writ jurisdiction of the court under 65

 Constitution of India, 1950, Article 141.

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Article 32 has been extended to include taking cognizance of violation of others’ fundamental rights.66 This kind of litigation is known as public interest litigation or social action litigation. Every citizen of India enjoys fundamental rights of life, personal liberty, and equality before law. The SCI has broadly interpreted the fundamental right to life to include right to clean environment. As forests have a vital role in providing clean environment and maintaining soil neutrality, the following judgments rendered by the Supreme Court are relevant to understand how the forests are protected by referring to international instruments and the provisions of our Constitution. In Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh (popularly known as Doon Valley case),67 the Supreme Court asserted the importance of forests in soil conservation. While dealing with more than 100 limestone-quarrying leases granted by the government and its impact on the forest cover and soil, Judges P.N. Bhagwati and Ranganath Mishra observed that ‘deep forests on the lower hills have helped to generate congenial conditions for good rain’.68 The Court further noted that ‘the perennial water streams and the fertile soil have contributed not only to the growth of dense lush green forests but have helped the yield of basmati rice and leechis’.69 Examining the bunch of petitions, the Court lamented that the Mussourie hill station had become denuded of forest cover due to the ‘uncontrolled’ quarrying of limestone, which acted as the aquifer to hold the water perennially. Rampant mining and blasting in this hilly region led to cutting down of the forest and loosening of the soil cover. The Court observed: The consequences of such interference with ecology and environment have now come to be realised. It is necessary that the Himalayas and the forest growth on the mountain range should be left un-interfered so that there may be sufficient quantity of rain. The top soil may be preserved without being eroded and the natural setting of the area may remain intact….. natural resources has got to be tapped for the purposes of social development but one cannot forget at the same time that tapping of resources have to be done with requisite attention and care so that ecology and environment may not be affected in any serious way…..it has always to be remembered that these are permanent assets and are not intended to be exhausted in one generation.70

In Vellore Citizens’ Welfare Case, the Supreme Court of India applied ‘polluter pays’ and ‘precautionary principle’ in domestic legal system.71 Although the Court was dealing with thriving leather industry, which was one of the biggest foreign exchange earners of our economy, it called spade a spade for its impact on ecology. The Full Bench of Supreme Court led by Justice Kuldip Singh observed that the  Normally, the Court takes cognizance of any violation of a person’s rights if that person himself/ herself comes to the court. 67  (1986)Supp SCC 517. 68  Id., para 11. 69  Id., para 12. 70  Supra n. 68, para 19. 71  Vellore Citizens Welfare Forum vs Union Of India &Ors; 28 August, 1996 (1996) 5SCC 647; available at: https://indiankanoon.org/doc/1934103/ (accessed on 23 September 2022). 66

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ecology and development cannot be in conflict with each other. He did not hesitate to hold that ‘sustainable development’ has become a part of customary international law. In reaching this conclusion, he examined the journey and conduct of nations from Stockholm Conference to the Earth Summit or Rio Conference. He noted that the Rio Summit had adopted Agenda 21 in which the sustainable development was agreed as one of the agenda by the nations through consensus. India was no exception to this course of events at the international level. However, when it came to the internal legal system, it had not made any laws clearly indicating that polluter would be liable to pay and all environmental precautions must be taken before starting a new industrial unit. Even when the leather industry in Tamil Nadu was doing wonders in terms of money, it was castigated by the Court on the count of causing pollution not only to the water-bodies but also to the subsoil. The Court found that these leather tanning units in some districts of the State of Tamil Nadu were not installing effluent treatment plant individually or commonly despite many requests by the State Pollution Control Board. It directed the Pollution Control Board and the local administration to ensure that the polluting industries must be imposed fine, which would be utilized in not only compensating the local citizens for the loss of their health and safety but also in creating a corpus to restore the local ecology. In Indian Council for Enviro-Legal Action case too, the Court noted the importance of ‘polluter pays’ principle, however less emphatically than Vellore Citizens’ Forum.72 In that case, the Court entertained a public interest litigation filed by a non-governmental organization relating to the degradation of beaches and coastal areas of the country. It was brought to the notice of the Court that the vast coastal areas of the country, extending to 6000 km, were being denuded, including forests and mangroves, by the hotel owners and other builders. Properly planned development protecting the flora and fauna of the coastal areas was absent. JJ.  Kuldip Singh, Saghir Ahmad, B.N. Kirpal ruled that since India participated in the 1992 Rio Conference, it cannot ignore its international obligation to enact laws to punish the polluter. In such a scenario, the Court would have to enforce the existing laws and would be forced to broadly interpret the Constitutional provisions relating to protection of life enshrined in Article 21 as well as other statutory provisions, such as the Water Act, the Environment Protection Act. It recommended the establishment of a separate statutory authority for the coastal areas which would be devoted to the planned development of coastal areas taking into consideration the interests of local citizens, flora and fauna. It also ordered the hotel owners, builders, and other polluting industries on the coastal land to compensate for the harm caused by them to the villagers in the affected area, to the soil, and to the underground water. They were also directed to remove sludge and other pollutants lying in the affected areas.

72  Indian Council for Enviro-Legal vs Union Of India And Ors. etc, 1996 AIR 1446, 1996 SCC (3) 212; available at: https://indiankanoon.org/doc/1818014/ (accessed on 23 September 2021).

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The Godavarman’s case was the path-breaking judgment in the field of forest conservation.73 It was the first sincere effort by the apex court to stop tree felling for non-forest activity anywhere in India except with the prior approval of the Federal Government. A concerned citizen of State of Kerala, Godavarman, had filed a public interest litigation in which he brought the attention of the Court regarding the ongoing destruction of pristine forest areas of Nilgiris Hills, owned by the State Government. The hearing on this matter started in 1995 and quick relief was provided by the Court in 1996 by issuing a sweeping interim order to stop tree felling not only in the State of Kerala but also anywhere in the country if the purpose of felling tree is economic gain. JJ. Kuldeep Singh, J.S. Verma and B.N. Kirpal directed that the working plan regarding the use of forest area of the State government must be approved by the Central Government. It interpreted the provisions of Forest Conservation Act, 1980 in a broad way to check further deforestation resulting in ecological imbalance. Not only reserved forests, but ‘protected’ and ‘other statutory forests’ were also included in the definition of word ‘forest’. Similarly, the term ‘forest land’ was defined to mean not only land area within the designated forest but also any area ‘recorded as forest in the Government record irrespective of the ownership’. The Court held that running of saw mills of any kind is non-forest activity and if it is running without the prior approval of the Federal Government, it would be illegal. The result of this judgment was immense. Wood business which thrives on illegal activity of felling trees indiscriminately in hilly regions of north east India and elsewhere was stopped forthwith. The litigation which started in 1995 continued for twenty long years as thousands of interlocutory applications relating to conservation of forests were filed in the Court. The Court was issuing writ of ‘continuing mandamus’ against the government or public body in the meantime, constituting expert committees and appointing amicus curiae to understand the issues. In 2008, the Supreme Court bench, constituted of Chief Justice K.G. Balakrishnan, Judges Arijit Pasayat and S.H. Kapadia, delivered a judgment in which it allowed non-forest use of forest land and resources under certain conditions.74 The developer of the area would have to pay the net present value (NPV) of diverted forest land to the federal government so as to use it in afforestation or reforestation fund later.75 Amount paid by the developer, which was earlier deposited to CAMPA, is now being deposited to National Compensatory Afforestation Fund created under Compensatory Afforestation Act, 2016.76 The fund, if properly utilized, would help in restoring the soil moisture and fertility too.

 T.N. Godavarman Thirumulpad vs Union of India & Ors; 3 December, 2010, (2008)7 SCC 126; (1997) 2 SCC 267; available at: https://indiankanoon.org/doc/1062689/ (accessed 23 September 2022). 74  Ibid. 75  Ibid, para 1. 76  Act No. 38 of 2016 (3rd August 2016). 73

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Another case of far-reaching importance decided by the apex court was M.C. Mehta v Kamal Nath.77 It dealt with hotels, resorts and other tourism related activities that started flourishing in the wake of liberalization. A motel, in which the then environment minister in the federal government, had substantial interest, was being constructed in one of the northern States of India, Himachal Pradesh. This motel was allotted a piece of ecologically fragile land on lease by the State on the banks of a river stream, which was part of a protected forest area. After the river changed its course in one heavy rainy season in the year 1995, some of the land allotted to the hotel was lost to the river stream. The motel owners used heavy earthmovers to artificially change the course of the river once more in its pre-flooded state. The State government and the Forest department did not take any action against the motel owners. A news reporter highlighted the interests of the minister in the motel property. At the instance of a public interest litigation by an environmental activist (M.C.  Mehta), the Supreme Court not only took suo motu action on this news report but also applied ‘polluter pays principle’ and imposed fine on the motel owner for breaches of forest and environmental laws. Justices Kuldip Singh and Saghir Ahmad incorporated the ‘public trust doctrine’ into the domestic legal system to protect the forest land and natural river stream. The Court held that, as a trustee of rivers, forests, air and sea the State government cannot give away these natural resources for the private commercial use of any person or groups. Accordingly, the Court held the State Government responsible for breaching the public trust doctrine by leasing ecologically fragile land to the motel management. Not only the forest cover but also the rights of the forest dwellers over forest resources were enforced by the Court in Niyamgiri Hills case.78 The forest dwellers wanted to enforce their rights through Gram Sabha (village assembly) as enshrined in the Forest Rights Act and Forest Conservation Act. In this case, a big aluminium industry, Sterlite, was allotted 661 hectare of forest land in Niyamgiri Hills for bauxite mining by one of the eastern states of India, Odisha. The state environment ministry permitted the mining subject to the fulfilment of conditions relating to rehabilitation and compensation as laid down by the Forest Advisory Committee (FAC) constituted under the Forest Conservation Act. The FAC had allowed the forest dwellers to exercise their rights of grazing, collection of forest produce of the hills, and to worship the mountains in exercise of their traditional rights. At the same time, the Ministry had directed the company to pay compensation, net present value for diversion of forest land, and to contribute towards wildlife rehabilitation.

 M.C. Mehta v Kamal Nath and Ors., Judgement of 13 December 1996; available at: M.C. Mehta vs Kamal Nath & Ors on 13 December, 1996 (indiankanoon.org) (accessed on 12 October 2022). 78  Orissa Mining Corporation Ltd vs Ministry Of Environment & Forest … on 18 April, 2013; (2013) 6 SCC 476; available at: https://indiankanoon.org/doc/109648742/ (accessed on 23 September 2022); see also, Orissa Mining Corporation v. Ministry of Environment & Forest & Others (Writ Petition (Civil) No. 180 of 2011) April 18, 2013, Supreme Court Reports, (2013) 6 S.C.R. 881; available at: https://main.sci.gov.in/pdf/SupremeCourtReport/2013_v6_piv.pdf (accessed on 23 September 2022). 77

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These conditions were opposed not only by the Sterlite industries but also by Odisha Mining Agency as onerous. However, the Supreme Court bench comprising JJ.  Aftab Alam, K.S.P.  Radhakrishnan, and Ranjan Gogoi agreed with the stand taken by the federal environment Ministry and the recommendations of the FAC. It reaffirmed the decision of the Supreme Court in the Godavarman case regarding NPV and rehabilitation package. Most importantly, it recognized the rights of forest dwellers to exercise their traditional right of worship, the hill deity, and did not allow the mining company to disturb that right. It directed the federal environment Ministry to take the final decision only after the consent and concerns of the Gram Sabhas affected by the diversion of forest land.

4.2 The National Green Tribunal The National Green Tribunal (NGT) came into being through the Parliamentary legislation, the National Green Tribunal Act, 2010. It is a specialized tribunal to deal with environmental matters. It applies sustainable development, polluter pays, and precautionary principles. It has jurisdiction over forests, environment, and most importantly on soil too.79 The orders of this tribunal are binding on the parties. Accordingly, the jurisprudence laid down by this tribunal is important to understand the dynamism in the area of forest and soil protection. In Society for Preservation of Kasauli and Its Environs (SPOKE) v Barog Heights Hotel (2017),80 the civil society organization took the plea that the Himachal Pradesh Tourism Development Corporation carried construction activity in violation of Kasauli Planning Area Development Plan. It further highlighted that Kasauli was a cantonment area with a fragile ecology. Kasauli is part of the Himalayan range and is eco-sensitive. Private hotels more than 3 storey were also constructed and guest houses were being operated. Municipal solid waste treatment was also an issue. NGT ordered constitution of an expert committee. After the reports were submitted, NGT issued notices to the owners of 11 hotels/guest houses. Barog Hotel did not obtain renewed environmental clearance from Himachal Pradesh Pollution Control Board from time to time. The Gram Panchayat, in which jurisdiction of this hotel was located, had no problem with it as no tree was cut. The Forest department also informed the tribunal that no case of tree cutting was reported by the hotel owners. The NGT ruled that Sections 17 and 20 of the NGT Act were violated, which lay down that polluter would have to pay for any damage to the environment in violation of the principle of sustainable development. It found evidence of callous attitude of regulatory bodies of the State for not keeping proper record of permissions and consent given. Solid waste generated from the hotel was not found to have been treated and the STP was also of inadequate capacity. The tribunal further directed

79 80

 The National Green Tribunal Act, 2010, Schedule II(k) read with sections 15(4) and 17(1).  The NGT Principal Bench, O.A. No. 274/2017 & O.A. No. 506/2015126.

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that the unauthorized structures have to be demolished, compensation amounting to 1 million INR had to be paid to the Pollution Control Board and it would be utilized for protection, restoration and restitution of the ecology and environment in the area. Segregation and treatment of waste was also required to be carried out within the hotel premises. After a review petition was filed by the hotel owner, the compensation amount was reduced to 0.5 million INR. In Dr. Arun Kumar Sharma v MoEFCC & Ors (2019),81 Zonal Master Plan (ZMP), 2030 for Mt Abu Eco-sensitive zone (ESZ) was challenged and prayer was made to constitute an expert committee to review the said plan. ZMP was notified in 2015 by State Government after public hearing. Mt Abu was declared eco-sensitive zone in 2009 by MoEF under Environment Protection Act, 1986. The area comprises dry deciduous forests at lower altitude and evergreen forests at higher altitude. Flora and fauna of the region comprise several endemic and rare species. On account of water and air pollution and volcanic activities, excessive soil erosion was noticed. The applicant contended that construction activities were not discouraged. Amusement Park and rock climbing were going on. Hotels and resorts were constructed unabatedly. It was held by the NGT that ESZ Notification is part of Precautionary Principle and Sustainable Development Principle. Slope stability principle was recognized by the NGT.  An expert committee was constituted to review ZMP 2030 taking into consideration use of plastics, burning of garbage/any other waste, proper laying of high-tension lines for protecting animals and bird life, preventing forest fire, conservation of Nakki lake, siting and operation of Solid Waste processing plant in accordance with Solid Waste Management Rules, 2016 (with reference to sanctuary area). This Committee submitted its report in March 2019 to the NGT.82 The expert committee recommended that the residential areas should not be sanctioned on forest land, lands having substantial tree cover, rock having a slope of 20 degree or above. The distance of these development sites must be 50 m away from the forest boundary and 100 m away from river. Regarding adventure tourism, the committee suggested that it can be allowed subject to environmental and statutory clearances from competent authorities. It found that the sewage treatment plants were not functional in the municipal area of Mount Abu. Lastly, it advised that the solid waste rules must be observed in the nearby villages also. Report of the Expert Committee has been challenged by intervenors, including Mr. Mehul Shah in 2021. The NGT pronounced its final verdict thereafter and held that the ZMP 2030 needs to be modified in the light of the Report of the Expert Committee.

 The NGT Principal Bench, O.A. No. 312/2016126.  MEF&CC (2019), “The report of Site Inspection of Mount Abu Eco-sensitive Zone by the Expert Committee on the Direction of Hon’ble NGT with respect to its order dated 26.112018 in the matter of Public Interest Litigation (PIL) No.312/20216 filed by Dr. Arun Sharma Before Hon’ble NGT, Principal Bench New Delhi”; available at: https://greentribunal.gov.in/sites/default/files/ all_documents/312-2016.pdf (accessed on 23 September 2021). 81 82

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In Kalinga Nagar Paribesh Surakhya Samiti, 83 the civil society based in Odisha filed an application before NGT regarding construction of a logistics hub for industries by SAIZER Limited on Sal Forest land, Jakhpura in Jajpur district. The civil society group alleged that around 12 hectares of forest land was diverted without any approval as required under the Forest Conservation Act, 1980. No consent to establish and to operate was obtained from Odisha State Pollution Control Board under Water and Air Acts. No environmental clearance was obtained under EIA notification, 2006 and Environment Act, 1986 regarding random extraction of soil for filling up the land. The Tribunal decided to constitute a committee comprising district collector, divisional forest officer, and a representative of Odisha Pollution Control Board to visit and inspect the spot and submit a report. The joint committee submitted a report to the tribunal for its consideration. According to this report, the disputed land in question was a forest land but approval was taken from the federal environment ministry. The industrial house did not have consent to operate but it had received the consent to establish. On the question of soil extraction, the committee found that there was no soil extraction from any piece of land but it was from the excess soil generated by Tata Steel Company and the royalty of extraction is paid to the local government. Further, the industrial house SAIZER contended that the project does not need environment clearance as it is located on an area of 20,000 sq. metres which does not fall in any forest land. The NGT asked the regional office of federal environment ministry to clarify its position. The tribunal pronounced its verdict  that since the built up area of the project is 17,413 sq. metres, the project M/s SALZAR Enterprises was not mandated to require prior environmental clearance in terms of the EIA Notification, 2006. This matter is another evidence of participation by the civil society and taking cognisance by the NGT. In Akhil Bhartiya Mengela Samaj Parishad v. Maharashtra Pollution Control Board,84 the NGT examined the impact of chemical industries located in Tarapur area near Mumbai on the wetlands and soil cover. The tribunal observed that ‘items (i) to (k) of Schedule II of NGT Act, 2010’ provided jurisdiction to it regarding ‘claims including cost of restoration on account of any harm or damage to environment including pollution of soil, air, water, land and eco-systems’.85 Referring to the judgement of Supreme Court in Rural Litigation Entitlement Kendra and other cases, the tribunal reiterated the precious value of soil, light, oxygen(air), water. The tribunal observed that ‘when we talk of environmental compensation for causing degradation to environment and for its restoration or remediation, it is not a formal or casual or symbolic amount which is required to be levied upon the violator’.  Kalinga Nagar Paribesh Surakhya Samiti v State of Odisha, O.A. 42/2019/EZ, NGT Principal Bench, New Delhi, available at: http://www.indiaenvironmentportal.org.in/files/file/EC-logisticshub-Jajpur-NGT-order.pdf (accessed on 23 September 2022). 84  Akhil Bhartiya Mengela Samaj Parishad and Ors. v. Maharashtra Pollution Control Board and Ors; Original Application No. 64/2016 (WZ); Judgement of 24 January 2022; NGT Principal Bench, New Delhi, available at: gen_pdf_test.php (greentribunal.gov.in) (accessed on 12 October 2022). 85  Supra n. 85, at para 434. 83

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Levying substantive and adequate amount on the violator of environment to deter them to do so in future was favoured by the tribunal.

5 Conclusion As already seen, forests have been historically regarded as a resource for development. The importance of its intrinsic and natural conservation came late into the policy discourse. Though the role of forests in soil conservation was theoretically recognized but maintaining the soil health was not the priority against the demands of timber and wood for expansion of railways and industries. This resulted into massive deforestation and widespread soil loss. The division of forests into different categories and further subjecting them to the absolute monopoly of the government did great damage to the forests and soil health. Indian forests had also borne the brunt of two world wars. The situation started to change slowly after independence and the post Stockholm period was crucial to this change. This era is marked by the progressive diminution of the practice of categorization of forests lands for their exploitation. Various laws were enacted and policies framed, such as Forest Conservation Act, 1980, Forest Rights Act, 2006, National Forest Policy, 1988, National Environment Policy, 2006, and the recent draft National Forest Policy, 2018. Forests are now considered as a whole ecological system with their intrinsic and natural profiles. The Forest Policy of 1988 and the new draft Forest Policy 2018, though look very promising for forest conservation, ‘soil’ is still an addendum in forest regulation when it comes to application. Though the concerns of soil erosion were accommodated under the forest policies, but their scrupulous compliance is not being done. There is also a lack of proactive legal and policy framework for soil conservation in respect of forest land. There is legal possibility that Central Government may carve out specific mechanisms for soil health under the delegated legislation framework available to it under Environment (Protection) Act, 1986. This would help in putting the soil on priority list for conservation and protection. The SCI and the NGT have also been instrumental in ensuring the protection of all kinds of forest lands. Innovative jurisdictional and other environmental principles are being applied, carving out a niche in developing environmental jurisprudence for the country. The Rural Litigation Kendra, Vellore Citizens and Council for Enviro-Legal Action cases paved the way to environmental consciousness in judiciary and to the incorporation of ‘polluter pays’ and ‘sustainable development’ in India’s environmental jurisprudence. For more than a decade, the Godavarman case built upon this jurisprudence by expanding the meaning of forest conservation and engaged seriously in building a separate forest jurisprudence. The Niyamgiri and Kamal Nath cases are examples of proactive approaches against soil erosion and for protecting the rights of forest dwellers. Conversion of forest land is restricted to the minimum essential and even this conversion is subject to the compensatory afforestation. SPOKE, Arun Kumar Sharma, Kalinganagar,

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and Akhil Bhartiya Mengela Samaj are examples of timely interventions by the NGT to protect soil erosion and the forest. Master plan of a city and zonal development plan of an area, which was earlier regarded as executive prerogative, are judiciously examined by the tribunal in the interests of forest conservation and soil degradation. These cases further shows the level of participation by the civil society. Despite these successes in the Court and tribunals, soil erosion, soil health and deforestation remain a serious cause of concern in India.

References Austin G (2019) The Indian Constitution: cornerstone of nation, 34th impression 2019, p 249 Balaji S (2002) Forest policy in India: in retrospect and prospect. Paper presented at the IUFRO Science/Policy Interface Task Force meeting organized at M.S.  Swaminathan Research Foundation, 16–19 July 2002 Broome NP et al (2019) The Indian Forests Act’s Proposed Amendment is Dangerous and Fanciful. Down To Earth, Blog (3 May, 2019) Joshi AK et al (2011) National Forest Policy in India: critique of targets and implementation. Small Scale Forestry 10:83–96 Kulkarni S (1989) Forests: law versus policy. Econ Polit Wkly 24(6):860 Kulkarni S (2000) The Plight of the Tribal, Seminar, vol 492 Kumar M et al (2020) Forest working plan for the sustainable management of forest and biodiversity in India. J Sustain For 39(1):1–22. https://doi.org/10.1080/10549811.2019.1632212 Leelakrishnan P (2009) Environmental law in India, 3rd edn (first reprint 2009). Lexis Nexis, p 40 Reddy B et  al (2004) Economic incentives for soil conservation, 13th International Soil Conservation Organisation Conference – Brisbane, paper no. 434, p 1 Rosencranz A et al (2008) Supreme Court and India’s Forests. Econ Polit Wkly 43(5):12 Sarker D (2009) Joint forest management: critical issues. Econ Polit Wkly 44(4):15–17

Role of Women in Sustainable Soil Management: Some Legal Reflections Moumita Mandal

Abstract  There is a close relationship between soil health and women. If there is soil erosion, women are directly affected both like all other human beings as well as due to their gender or sex. They face double victimization irrespective of their age. Women play a crucial role in sustainable soil management (SSM) that ensures women’s empowerment including food, economic and social security. Both come under the ambit of Goals 5 and 15 of the Sustainable Development Goals (SDGs) 2030. Though women share the primary burden of providing food and water to the families, their contribution, especially as a farmer, hardly get recognition. The role of women in SSM management needs to be valued and duly factored in decision-­ making at all levels. Existing international law and domestic law in India, need to give specific attention to women’s land rights, right to inheritance, gender equality in agriculture related work. In this context, the present study seeks to examine the content and contours of role women can play in SSM that can also mitigate the consequences primarily resulting from soil degradation. It analyzes existing framework of international law and the domestic laws in India to address the issue of women’s rights and their contributions and suggests a way forward. Keywords  Women · Soil health · Sustainable soil management · Sustainable development goals

1 Introduction Women have the primary responsibility for household food production and provide food to the  family members. They are the principal users and managers of land. They conserve seeds from generation to generation as a customary practice. They M. Mandal (*) Postdoctoral Fellow, Jawaharlal Nehru Chair, Centre for International Legal Studies, School of International Studies, Jawaharlal Nehru University, New Delhi, India Adjunct Faculty, School of Conflict and Security Studies, National Institute of Advanced Studies, Bengaluru, India © The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 B. H. Desai (ed.), Soil Law and Governance in India, International Yearbook of Soil Law and Policy, https://doi.org/10.1007/978-3-031-32360-7_7

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pass on the traditional knowledge and responsibility to the next generation. Some pieces of literature give a glimpse of this practice by narrating ancient Indian mythology.1 The practice of farming and seed preservation has become a cultural practice in India. For example, rice is used for ceremonies such as child birth, first rice eating ceremony, weddings, welcoming guests, and many of the harvest festivals. The harvest festivals are celebrated in different parts of India, such as Pongal (Tamil Nadu), Onam (Kerala), Hutri (Coorg), Nabanna (West Bengal) etc. Both men and women play a crucial role in celebrating these festivals. Still, in essence, these festivals symbolize the role of female farmers as primary food givers and seed preservers.2 Some of the studies show that women are often allotted the most marginal lands with the least secure tenure rights.3 Whenever there is land degradation, women are forced to find alternative areas for food production. They face a higher risk to their health and physical safety as they are forced to venture away from their homes to find productive land to meet the needs of their families. Similarly, as water resources are affected because of land degradation, especially river and ground water, women and girls are compelled to go far to fetch water for the household needs.4 Both men and women have an equal capacity to contribute to sustainable soil management. Yet gender inequality and discrimination remain an obstacle for women, especially agriculturists, to move beyond subsistence agriculture.5 Women do contribute to sustainable soil management as a farmer, cultivator, labour,6 and sometimes as a landowner.7 The cultivators and labourers are mostly the people who are engaged in farming without land ownership. Women’s role and contribution to agriculture and related activities are identified according to the limited data available including in the census reports. Hence, it is difficult to fully capture the exact role, contribution and challenges faced by women in the field.  Also, operational land holdings, women cultivators, women’s land ownership, the participation of women as agricultural workers, or labourers vary from state to state in India.8 The existing gender gap in the Indian society, non-recognition as a farmer, landowner, lack of education, access to finance and market, discrimination and

 Krishan (2014); see also, Williams (2008), pp. 196–198.  Tapomoy Ghosh (2017), “Nabanna Utsav: the traditional, rural festival of new harvest”, Anandabazar Potrika, 25 December 2017; available at: Nabanna Utsav: the traditional, rural festival of new harvest - Anandabazar (accessed on 12 December 2022). 3  UN Women (2019), p. 17; available at: http://catalogue.unccd.int/1223_Gender_Manual.pdf (accessed on 04 September 2022). 4  UNDP (2007); available at: gender_content_END.indd (undp.org) (accessed on 19 November 2022). 5  Tamara et al. (2019), pp. 303–313; available at: https://soil.copernicus.org/articles/5/303/2019/ (accessed on 04 September 2022). 6  Pattnaik et al. (2018), p. 141. 7  Government of India (2019a), p.  146; available at: http://psa.gov.in/sites/default/files/pdf/ Report%20of%20Policies%20and%20Action_4-9-2019.pdf (accessed on 04 September 2022). 8  Pattnaik (2018), n. 6, p. 141. 1 2

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deep-­rooted sexual and gender-based violence (SGBV) prohibit women from getting full access to resources, economy and services. It hinders their productivity, reduces their contribution to agriculture and other sectors, and to achieve broader economic and social goals. Women do face the consequences of land degradation, generally as farmers or cultivators, and specifically because of their gender and sex.9 The studies show that historically the policymakers have given recognition to women’s (gender-based) reproductive roles rather than their productive roles. As a result, women’s role in economic development, productivity, or environmental protection receives no or marginal recognition. The linkages between women’s land rights, development, and sustainability are often neglected. There is less attention given to gender issues or women’s rights per se in the laws, policies, planning, decision-making relating to the eradication of poverty, environmental degradation, management of soil, market and economic development, etc.10 In this backdrop, this study has sought to focus on four aspects: (i) to draw inter-­ linkage between soil health and women as well as the cause-effect relationship between soil health and women; (ii) to examine the contributions of women to sustainable soil management; (iii) to analyse the role and adequacy of existing legal mechanisms in India concerning role of women in sustainable soil management; and (iv) to cull out existing challenges and suggest a way out.

2 Soil Health and Women: An Overview Life on earth is dependent on healthy soil. It provides clean water, nutritious food, habitats for biodiversity, and other products. Soil helps us to live life. It is truism to state that caring for soil is caring for life on planet Earth itself. It is one of the important non-renewable resources. Sustainable use of soils provides environmental, economic and other benefits. There is a close symbiotic relation between soil health and women.11 It is seldom recognized in the policies, legislation and actions taken to improve soil health and land management. There is a cause-effect relationship between soil health and women. If soil health is good, it can contribute to women’s empowerment. The Food and Agriculture Organization (FAO) came out with a significant study on Mainstreaming Gender for Sustainable Soil Management (2019) at the Global Forum on Food Security and Nutrition. It stressed that women play a crucial role in agriculture, so gender equality is crucial for improving soil management. It was  UNDP (2007), n. 4.  Mehra (1995); available at: https://www.icrw.org/wp-content/uploads/2016/10/Women-Landand-Sustainable-Development.pdf (accessed on 04 September 2022). 11  European Commission (2020); available at: Caring for soil is caring for life - Publications Office of the EU (europa.eu); European Institute for Gender Equality (2016); available at: empowerment of women | European Institute for Gender Equality (europa.eu) (accessed on 19 November 2022). 9

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accepted that there are linkages between soil and gender equality.12 Similarly, the Consultative Group on International Agricultural Research (CGIAR) Program on Water, Land and Ecosystems has underscored in the report Gendered opportunities for improving soil health: A conceptual framework to help set the research agenda13 that gender should be one of the key considerations for soil health and land management. It needs to be expressly adopted in the programs on SSM.14 What is the link between soil health and women? Soil health, gender equality, and women’s empowerment are the important means to achieve economic and social development objectives such as food security, child nutrition, education and health. In fact, women contribute to maintaining soil health by sustainable use and conservation of soil.15 There are different reasons for either natural or human-made soil degradation. As a result, women face multifaceted consequences, including different forms of violence either at their place or during or after migration. Violation of their human rights become a continuous process. Though women are actively engaged in agriculture, they mostly do not have land ownership and decision-making power. Even in situations of suicide by male farmers due to soil degradation, debt and other issues create insecurity for women and girls. For instance, in 2014, 500 farmers were reported to have committed suicide in Marathwada region of Maharashtra.16 According to the 2015 report of ADSI, an estimated 39% of farmers committed suicide due to debts followed by crop failure because of natural calamities (19%).17 Though the suicide rate of male farmers is higher, female farmers' suicide cases are not rare. According to the report of Accidental Deaths and Suicides in India (ADSI), in 2018, 10,349 farmers committed suicide.18 The widows are mostly invisible to the state and others actors. As a consequence, it puts an extra burden on women.19

 FAO (2019); available at: Mainstreaming gender for sustainable soil management (fao.org) (accessed on 21 November 2022). 13  Zhang et  al. (2019); available at: https://ebrary.ifpri.org/utils/getfile/collection/p15738coll2/ id/133203/filename/133414.pdf; CGAIR Research Programme on Water, Land and Ecosystems; available at: https://wle.cgiar.org/ (accessed on 04 September 2022). 14  Zhang et  al. (2019); available at: https://www.ifpri.org/publication/gendered-opportunitiesimproving-soil-health-conceptual-framework-help-set-research. Also see, Zhang (2020); available at: https://www.ifpri.org/blog/why-gender-matters-soil-health-part-sustainable-food-systems (accessed on 04 September 2022). 15  FAO (2019), n. 12. 16  Sustainable Development Goals (SDG) Partnership Platform (2019), Women-led Climate Resilient Farming’ Model (WCRF), #SDG Action 43073; available at: ‘Women-led Climate Resilient Farming’ Model (WCRF) | Department of Economic and Social Affairs (un.org) (accessed on 21 November 2022). 17  Ari (2014); available at: https://www.un.org/africarenewal/magazine/special-edition-agriculture-2014/gendering-agriculture (accessed on 04 September 2022). 18  Parida et al. (2020); available at: https://www.thehindubusinessline.com/opinion/weather-woesadd-to-farmer-suicide-cases/article30802206.ece (accessed on 04 September 2022). 19  Neelima (2019); available at: https://www.hindustantimes.com/analysis/farmer-suicides-thefate-of-the-women-left-behind/story-jhJ1bwcMu9ilbAAXntCbOI.html (accessed on 04 12

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Thus, soil health is important for women’s empowerment and gender equality. This also encourages women to protect and conserve soil health. It is argued that “women tend to shop or produce food for their families…means growing it in kitchen gardens”. Women farmers go beyond tilling the soil. They ensure food management by conservation. In comparison to chemical agriculture, organic farming has a positive and long-lasting contribution to maintain soil health and the environment. Most of the Indian women are engaged in organic farming. Moreover, they are seed keepers, food producers and contribute to protecting soil health, seeds, food and farming knowledge.20 Hence, putting women back at the centre of agriculture and nutrition can substantially help in conserving and improving soil health.

2.1 Role of Women in SSM As flagged in FAO’s 201921 work, women and men play a distinct role in agriculture and soil management activities. It shows that female farmers remain a minority group in Europe, India, Mauritania, Micronesia, Nigeria, North Africa, Peru, South Asia, Sudan, Zimbabwe. Still, their participation in different soil and agriculture-­ related programmes is more because they focus on the future health of soil while men concentrate on economic aspects. For instance, the European Soil Care project has shown that rate of women participation was more than the men. In Mauritania, though women contribute to the hard farm work and are directly involved in agriculture, men play the primary role in decision-making for soil management.22 In India, those women who used to provide food to men in the field subsequently became farmers. Men take all farm-related decisions relating to land use, soil management, and selling the crops.23 The problems are both legal and cultural. The menu of obstacles for women comprises limited land rights; smaller size and low quality of land; obstacles in access to and use of natural resources; exclusion from decision-making processes; insufficient capital to access production resources; lack of access to knowledge; competing demand on labours; limited vocational training etc.24 Women have less access to the economy both within the community and outside because of the patriarchal norms and their socially and culturally imposed roles, such as only caregivers for the family.25 With these barriers, women are still September 2022). 20  Shiva (2015); available at: https://www.oecd.org/environment/save-our-soil.htm (accessed on 04 September 2022). 21  FAO (2019), n. 12. 22  Ibid. 23  Ibid. 24  Ibid. 25  IFC, Gender-Smart Business Solutions: Strengthening Women Farmers in DCM Shriram’s Sugarcane Value Chain; available at: Gender_Case_Study_Sugarcane_India_April11_FINAL-

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contributing to soil management. Water is a necessity for women both for their health and hygiene. Water and soil management are closely connected. It has seen that most of the planning and policies for the irrigation and watershed activities ignore the women’s issues. They need water for hygiene, household activities, livestock etc. Though women self-help groups participate in the planning and implementation of soil and water conservation as well as managing natural resources in the watershed, numbers remain limited as they do not own the land.26 Thus, full and active participation of women in SSM can provide adequate access to food, fuel, water, and financial security. Hence, in Andhra Pradesh (Anantapur and Mahaboobnagar), many government and non-government agencies involved in the watershed programme found that women were accepted only as resource users and encouraged to non-land-based income generation activities without considering their active role in the watershed projects. As a consequence, women could not play roles in the culture or norm changing work e.g., soil management or land development.27 It has seen that the trained women farmers add to their income by adopting eco-­ friendly techniques to enrich the soil by using organic fertilizers and maintaining water resources. They use these techniques to recycle wastes and use as organic fertilizers.28 The budgetary (2018–2019) provisions of the Union of India on agriculture and allied sectors stated that organic agriculture would be encouraged by the women self-help groups under the National Rural Livelihood Programme (NRLP). Women also conserve soil health by pulses cultivation.29 A nongovernmental organization,30 Swayam Shikshan Prayog (SSP), has developed a multi-pronged farming approach to food and income where women take the lead role in decision-making. This helps women to enhance their capacity to practice sustainable agriculture and water conservation, increases food production and income security for marginal farming households. The Women-Led Climate-­ Resilient Farming Model repositions women as farmers and bearers of the knowledge that encourage them to make decisions relating to what to grow, what to consume, and how much to sell. It empowers women as change-makers to promote resilient livelihoods for small and marginal farming households.31 Since 2009, the United Nations Developmental Programme (UNDP) partnership with the government of Nagaland, has supported integrated farming practices for reversing soil erosion, conservation of water, and empowerment of women. The partnership is funded by the Global Environment Facility. Most of the lands are Fedra.pdf (ifc.org) (accessed on 21 November 2022). 26  Seeley et al. (2000); available at: GK92.QXD (core.ac.uk) (accessed on 21 November 2022). 27  Ibid. 28  ICRISAT, Managing Soil and Water: Equipping nurturers - An Indian farmer shares her story; available at: Managing soil and water – ICRISAT (accessed on 21 November 2022). 29  Government of India (2019b); available at: FFH201819_Eng.pdf (agricoop.gov.in) (accessed on 21 November 2022). 30  SDG Partnership Platform (2019), n.16. 31  Ibid.

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traditionally leased by the village council to each family. Though women still do not have land rights, there were around 7000 women farmers who adopted integrated farming practices that protect soil fertility. Women are also taking part in the decision-­making by becoming a member of the village land use committee for sustainable land use and management. It underscores the value of tools and techniques for strengthening women’s contributions to the protection of land degradation and sustainable soil management.32

3 Legal Mechanisms SSM and women empowerment become a reality when legislation protects women’s rights as a human being in general as well as a farmer in particular. The studies show that gender-based discrimination exists within the law when it deals with access to land ownership, inheritance, etc. There are discriminatory rules or norms that prohibit women and girls from accessing education, jobs, loans, funds, minimum wages, market, etc. The general notion is that women need to do only household works that carries no value and no remuneration. It undermines the role of women and creates obstacles in SSM and gender balance.33 The Conference of the Parties (14/18, 2019) to the United Nations Convention to Combat Desertification (UNCCD) called for the States parties to create a supportive environment at the national level for gender-responsive and transformative implementation of the convention. It also flagged the issue of legal reforms to remove structural barriers and discriminatory norms that prohibit women from securing land rights and taking part in land-related decision-making.34 It has been shown that secure land rights for women increase agriculture productivity, builds reliance among small and marginal farmers. It also helps in achieving some of the SSGs (such as 1, 5 and 11).35 In this context, appropriate policy and legislation would bring about gender equality in soil management.

 UNDP India (2016); available at: Women Farmers Combat Land Degradation in Nagaland  ICTpost (accessed on 21 November 2022). 33  Claringbould (2019); available at: Comment view | Global Forum on Food Security and Nutrition (FSN Forum) (fao.org) (accessed on 21 November 2022). 34  UNCCD (2019); UN Doc. ICCD/COP(14)/18, para 29; available at: Microsoft Word - 1910486E. docx (unccd.int) (accessed on 21 November 2022). 35  Dave et  al. (2017); available at: https://landportal.org/debates/2017/womens-land-rights-indiaand-sustainable-development-goals-sdgs. UN (2015), Sustainable Development Goals; available at: Goal 11 | Department of Economic and Social Affairs (un.org) (accessed on 21 November 2022). 32

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3.1 Legal Framework in India The principle of non-discrimination and gender equality has been embedded in the Constitution of India especially in the preamble,36 the fundamental rights,37 the directive principles of state policy,38 and fundamental duties.39 It also empowers the states to take effective measures of positive discrimination for women’s empowerment. The Government of India has adopted policies, plans, programs, and legislation for the advancement of women.40 India has an obligation to give effect to the international conventions such as the 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).41 Notwithstanding this, a wide gap exists between the goals stated in the existing laws and their implementation.42 The studies show that both men and women contribute to the agriculture and conservation of natural resources, including soil. As discrimination against women exists everywhere, there is an urgent need to end the discrimination by adopting women-friendly legislation with appropriate implementation mechanisms to provide land ownership, freedom from violence, equal wages, protection of farmer’s rights, etc. (Fig. 1).43 3.1.1 Land Rights There is an inseparable link between land rights and soil. The ownership of land also provides rights over the soil resources too. As a result, the land owner holds the decision-making rights relating to land and soil. Generally, women acquire land rights through their father, brother, husband or any other male member of the family. It is a peculiar feature of the socio-legal structure of the Indian society. Hence, as owners of the land, the male members are in a dominant position to take all the decisions relating to land use and soil management. As women are treated as resource users, their productive roles are undermined. In order to bridge this proverbial  India Code, The Constitution of India, Preamble; available at: India Code: Constitution of India; COI_English.pdf (legislative.gov.in) (accessed on 09 December 2022). 37  Ibid, Part III: Right to equality Articles 14–18; Right to Freedom Articles 19–22; Right against exploitation Articles 23–24; Right to freedom of religion Articles 25–28; Cultural and educational rights Articles 29–31; Right to Constitutional remedy: Article 32. 38  Ibid, Part IV: Directive Principles of State Policy Articles 36–51. 39  Ibid, Part VI A, Fundamental duties: Article 51A. 40  Ministry of Women & Child Development (2002); available at: National Policy for Women Empowerment | Ministry of Women & Child Development (wcd.nic.in) (accessed on 21 November 2022). 41  OHCHR (1979); available at: Convention on the Elimination of All Forms of Discrimination against Women New York, 18 December 1979 | OHCHR; India has Signed: 1980, Ratification/ Accession: 1993 the CEDAW; available at: - OHCHR Dashboard (accessed on 21 November 2022). 42  Ibid. 43  Government of India (2019b), n. 7. 36

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Land Rights and Right to Inheritence

Protection of Women's Rights under legislations pertaining to Climate Change and Natural Resources

Legal Protection of the Rights of Women for SSM

Protection against SGBV

Women Farmers' Rights and Intellectural Property Rights

Labourers' Rights

Fig. 1  Showing the areas where legal reform is needed to protect women’s rights for SSM

gender discrimination, the 1979 CEDAW calls upon the States to take appropriate measures. Article 14 (2) of the CEDAW provides for equal rights relating to land: States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes.44

The land is primary means of livelihood for many women. Most of the cases concerning rights over land are based on the status of the women in the family, society, and the customary or cultural practices.45 In India, around 87.3% of women are dependent on agriculture. However, only 10.34% of women own land. The Agriculture Census (2010–2011) stated that 12.79% of operational holdings are operated by women in India. According to

 OHCHR (1979), CEDAW Article 14 (g), n. 41.  Daley (2013); available at: https://www.ohchr.org/Documents/HRBodies/CEDAW/RuralWomen/ InternationalLandCoalition.pdf (accessed on 04 September 2022). 44 45

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2015–2016 Agriculture Census it has increased and now it is 13.96%.46 Another study has estimated 80% of women are engaged in the farm work and only 13% owning the land. The mass migration of male members from many villages of India in search of work pushed women to do the farm works.47 Still, the rural women produce about 60–80% of food in India. For instance, in the state of Bihar, women constitute almost 50.1% of the total workforce in agriculture and farming activities.48 Land rights are important tools for empowerment of women and participation in soil management. These rights of women are cumulatively derived from the Constitution, inheritance or succession laws, customary laws, and traditional practices.49 The Constitution of India provides for the right to equality and non-­ discrimination under Articles 14, 15, 39 and 46 as follows: Article 14. The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India to both men and women. Article 15. (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. (3) Nothing in this article shall prevent the State from making any special provision for women and children. Article 39. The State shall, in particular, direct its policy towards securing— (a) that the citizens, men and women equally, have the right to an adequate means of livelihood; (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; (d) that there is equal pay for equal work for both men and women. Article 46. The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.50

Articles 14 and 15 of the Constitution of India are the fundamental rights (Part III of the Constitution). Article 39 and 46 are the Directive Principles of State Policy (Part IV of the Constitution) that have been explicitly made non-justifiable (Article 37). These provisions ensure equal rights to women, including land ownership. The percentage of land ownership by purchase is very low among women.

 HLRN, Importance of Land and Housing Rights for Women; available at: https://www.hlrn.org. in/womens-rights(accessed on 04 September 2022). All India Report on Agriculture Census 2015-16; available at: https://agcensus.nic.in/document/agcen1516/ac_1516_report_final-220221. pdf (accessed 0n 25 September 2022). 47  The Statesman (2019), Women of the Soil, 17 July 2019; available at: Women of the soil - The Statesman (accessed on 21 November 2022). 48  Oxfam India (2018); available at: Women Empowerment - Female Farmers are Revolutionizing Agriculture in India| Oxfam India (accessed on 21 November 2022). 49  FAO, Women and land: a need for multi-level transformation; available at: Land and livelihoods: Making land rights real for India’s rural poor (fao.org); FAO, The gender gap in land rights; The gender gap in land rights (fao.org) (accessed on 21 November 2022). 50  India Code, n.36. 46

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(a) Inheritance The Indian women, generally, get ownership through inheritance from their father or husband.51 It is derived from the personal laws based on religion and customary practices.52 The legal system graphically shows gender inequality in possession of land rights. There is no specific definition of ‘land’ in succession law. There are some other laws, for example, section 3 (26) of the General Clauses Act 1897; section 2(6) of the Registration Act, 1908; and section 269UA (d) of the Income Tax Act 1961 that define immovable property that includes land.53 Section 2(14) (iii) of the Income Tax Act 1961 also defines agricultural land.54 The Hindu Succession Act (HSA), 1956 deals with succession rights of Hindu men and women. The son, daughter, widow, and mother could inherit equally if the property was deceased men’s separate property. The daughter did not have the right to inherit coparcenary property (Article 6).55 The Hindu Succession Amendment Act (2005) brought changes by ensuring equal rights for Hindu men and women.56 Section 6 of the HSA provides that a Hindu daughter governed by the Mitakshra Law has equal right in coparcenary property: Section 6. (1) On and from the commencement of the Hindu Succession (Amendment) Act 2005, in a Joint Hindu Family governed by the Mitakshra Law, the daughter of a coparcener shall, - (a) by birth become a coparcener in her own right in the same manner as the son; (b) have the same rights in the coparcenary property as she would have had if she had been a son; (c) be subject to the same liabilities in respect of the said coparcenary property as that of a son, And any reference to a Hindu Mitakshra coparcener shall be deemed include a reference to a daughter of a coparcener…”57

The HSA did not include agricultural land, Section 4(2).58 The 2005 amendment59 has brought gender equality in the inheritance of agricultural land by omitting

 Parwez (2009), p. 6, 11–12.  Dave, n. 35. 53  Section 3 (26) of the General Clauses Act, 1897; available at: A1897-10.pdf (legislative.gov.in) (accessed on 04 September 2022). see, 2(6) of the Registration Act, 1908 provides, “(6) “Immovable Property” includes land…”. Section 269UA (d) of the Income Tax Act 1961 “(d) “immovable property” means— (i) any land…”; available at: DP-cont.p65 (dor.gov.in) (accessed on 22 November 2022). 54  Section 2 (14) (iii) of the Income Tax Act 1961 defines agricultural land; available at: DP-cont. p65 (dor.gov.in) (accessed on 22 November 2022). 55   The Hindu Succession Act 1956, Section 6; available at: The Hindu Succession Act, 1956|Legislative Department | Ministry of Law and Justice | GoI (accessed on 22 November 2022). 56  The Hindu Succession Amendment Act, 2005; available at: http://egazette.nic.in/WriteReadDat a/2005/E_45_2012_114.pdf(accessed on 04 September 2022). 57  Ibid. 58  The Hindu Succession Act, 1956, Section 4(2), n. 55. 59  Section 2 of the 2005 HSA Amendment Act provides: “(2). In Section 4 of the Hindu Succession Act, 1956 (hereinafter referred to as the principal Act), subsection (2) shall be omitted;” n. 56. 51 52

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section 4(2). But it did not clarify the succession rights in case of agricultural land.60 The land ownership is governed by personal or religious law that comes under the jurisdiction of constituent Indian state units. Though the Constitution of India provides the right to equality, the existing land ownership law is still discriminatory as it is based on patriarchal culture. The Hindu women’s right to inheritance is also based on her status as being married, unmarried, widow or disserted women. In fact, the inheritance right of a daughter-in-law ceases once she re-marries under section 24 of the 1956 HSA. This provision has been omitted by the 2005 HSA amendment.61 The property rights of Muslim women are governed by the Muslim Personal Law (Shariat) Application Act, 1937.62 The Act provides half of the share of the property received by the male family members to the daughter and widow in the same line. A Muslim man cannot bequeath more than one-third of his property. As such the female members of the family, especially the spouse and daughters, cannot be completely denied to inherit property rights. However, this Act does not apply to agricultural land. The State and the customary laws deal with agricultural land.63 The Indian Succession Act (1925), deals with the property right of the Christian and Parsis.64 A Christian widow gets one-third of the estate property. Both male and female linear descendants get equally divided two-thirds of it. Among Parsis, both male and female inherit equally.65 Similarly, there are different customary laws relating to the land rights of the tribal women in India.66 Generally, land right of the tribal people passes through male lineage as women do not have the inheritance right of land.67 The 2015 and 2019 judgements of the Himachal Pradesh and Bombay  Agarwal (2005); available at: Date:25/09/2005 URL: http://www.binaagarwal.com (accessed on 22 November 2022). 61  Valera et al. (2018); available at: Women’s Land Title Ownership and Empowerment: Evidence from India (EWP 559) (adb.org) (accessed on 22 November 2022); Agarwal (1998), pp. 1–48; UN Women South Asia (2012), Women, Land and Agriculture in Rural India, p. 34; available at: un_ women_land_agriculture_in_rural_india pdf.ashx (unwomen.org) (accessed on 22 November 2022). Also see, Section 24 of the Hindu Succession Act, 1956, n. 55. “Section 24 of the principal Act shall be omitted”, the Hindu Succession Amendment Act, 2005, n. 56. 62  Pandey, S, Property Rights Of Indian Women; available at: Microsoft Word - Women’s Property Rights in India final Shruti Pandey.doc (womenslinkworldwide.org) (accessed on 22 November 2022). Also see, the Muslim Personal Law (Shariat) Application Act, 1937; A1937-26.pdf (legislative.gov.in) (accessed on 22 November 2022). 63  FAO, n. 12. 64  The Indian Succession Act 1925: Sections 31 to 49 deal with Christian succession and Sections 50 to 56 deal with succession for Parsis”; see, The Indian Succession Act 1925; available at: https:// indiacode.nic.in/bitstream/123456789/2385/1/a1925-39.pdf (accessed on 04 September 2022). 65  Sircar (2016); available at: Women’s Right to Agricultural Land: Removing legal barriers for achieving gender equality (openrepository.com) (accessed on 22 November 2022). 66  The Indian Succession Act, 1956, n. 64. Also see, NCW, Chapter-1 Tribal Customary Law and Women’s Status: An Introduction; available at: http://ncwapps.nic.in/pdfreports/Customary%20 Law.pdf (accessed on 04 September 2022). 67  Centre for women’s Studies, Justice Basheer Ahmed Sayeed College for Women, Project Report tittle: “Property Right of Women in Tamil Nadu”; available at: Land Rights of Women (ncwapps. nic.in) (accessed on 22 November 2022). 60

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High Court respectively grant women the right to inherit land (under the 1956 HSA). But most of the tribal women, e.g., in the state of Jharkhand, are still denied the land rights.68 Though predominantly tribal people follow community land ownership tradition, women remain at the margins. For instance, in Assam, the North Cachar Hills is inhabited by the Dimasa, Naga (Zemi), Kuki, Karbi tribes who follow customary practices for land inheritance. Men remain the successor. Women are denied the right. It, in turn, negatively reflected in the decreasing sex ratio.69 It appears fact of life that most of Indian women, generally, are not given or demand their rights because of widespread prevalence of derogatory practices of dowry and marriage expenses.70 (b) Land Distribution by the Government The distribution of land for private use is minimal, including wasteland and ceiling for the surplus land. From 1980 onwards, gender equality became an important issue that was even reflected in the case of land distribution by the governments through pattas. Until the year 2000, governments of different states distributed five million acres of ceiling surplus land and more than fourteen million acres wastelands. However, it was given to the selected men beneficiaries as they are regarded as heads of the house or cultivators. However, there are some examples of states like West Bengal (in 1992 circular) and Assam (in 1989 circular) where both the spouses held the title of the land received from the governments known as patta.71 The Eighth Five Year Plan (1992–1997) provided for joint patta. It remained silent about the transfer of land to women.72 The Ninth Five Year Plan (1997–2002), prescribed redistribution of land to the actual tiller in the name of women (40%) and the rest for joint ownership of husband and wife. The Tenth Five Year Plan (2002–2007) recommended providing concession for registration to female property buyers. The Tenth and Eleventh Five Year (2017–2012) Plans suggested women’s access to cultivable land. It suggested for joint and sole ownership of women to all land distributed by the State, including under rehabilitation scheme, facilitating group ownership, leasing etc.73 The Twelfth Five Year Plan (2012–2017) construed women as agricultural workers who worked on family farms. The focus was on the need for spreading awareness about the feminization of agriculture (para 23.19). It provided for inclusion of women in inland water and soil management (para 23.20). It called for ensuring that women can access land through direct government transfer, inheritance, and

 Mehta (2019); available at: Inheritance rights of women: How to protect them and how succession laws vary - The Economic Times (indiatimes.com) (accessed on 22 November 2022). 69  Parwez, n. 51. 70  FAO (2019), n. 12. 71  Ibid. 72  Bedi (2018); available at: https://thewire.in/women/women-farmers-agriculture-rights (accessed on 04 September 2022). 73  Bedi (2018), n. 72. 68

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purchase or lease, including joint title through legal support and awareness (para 23.23). If there is a new distribution of land, women will get individual titles (para 23.25).74 The above plans suggested prioritizing single women. But discriminatory inheritance legislations were not addressed. It was, however, provided that pattas, lease, tenancy should be given even to the women from forest communities under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, or any other land-related enactment.75 (c) Agricultural Land Rights In Bihar, many men work outside the state as migrant labourers. Women of those families work in the agricultural fields as labourers because they are not the owner of agricultural land. They get fewer wages and remain vulnerable to SGBV by the land owners. Sometimes, NGOs help them to borrow land for cultivation. The result shows that women have successfully cultivated.76 Inheritance of agricultural land by women is based on the policy of each state as well as the personal and customary laws.77 For example, Muslim women do not get agricultural property rights except a few states that have made provisions for the purpose.78 The ownership of agricultural land remains a subject governed by the state legislation. Article 24679 of the Constitution of India has given the power to the states to make law on the subjects that are listed in the State List (List II) in the Seven Schedule of the Constitution of India. Entry 18 of the State list80 addresses the rights relating to agricultural land. The Ninth Schedule81 of the Constitution of India comprises a list of 284 state legislations (as on May 2022) that pertain to land that includes agricultural land.82 Hence, there is no single and uniform legislation for land regulation. For example, in 2008, Uttar Pradesh added an unmarried daughter who could inherit agricultural land. Previously, unmarried daughters were excluded from it. Similarly, only women with minors, lunatics, idiots, and unmarried,

 Planning Commission (2013); available at: Twelfth Five Year Plan_vol 3.indb (nhm.gov.in) (accessed on 24 November 2022). 75  Saxena (2012); available at: un_women_land_agriculture_in_rural_india pdf.ashx (unwomen. org) (accessed on 24 November 2022). 76  FAO (2019), n. 12. 77  Gupta (2002), pp. 1746–1754. 78  Oxfam India (2018), n. 48. 79  India Code, The Constitution of India, Article 246, n.36. 80  Entry 18 provides: “Land, that is to say, rights in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization”; ibid, Seventh Schedule, List II—State List, pp. 317–321 at 318. 81  Ibid, Ninth Schedule, Article 31 B, pp. 327–344. 82  Ibid, Article 31 B, Ninth Schedule (Validation of certain Acts and Regulations). For example, The Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1975 (Maharashtra Act II of 1976) appears at number 160 in the Ninth Schedule. 74

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divorced, or separated from husbands are exempted from the restrictions on letting and subletting (section 45) regarding tenancies of agricultural land under the Rajasthan Tenancy Act, 1955 (section 46.1).83 The tribal women in India also do not have the right on agricultural lands.84 Sometimes women from rich tribal families get land property as dowry or gifts with the permission of villagers or the community. The land can be cultivated with the permission of the village elder (Gaon Burah). The cultivation is generally done by men through jhum system wherein women sow the seeds, add organic fertilizer, or harvest. Though women play a crucial role in farming and production, men’s commercial interest undermines women’s contributions.85 The status and position of women regarding agricultural land can be gauged from some practical instances. For example, a study in Bundy district, Rajasthan, showed that there was 100% participation of women were engaged in cutting, picking, cleaning of grains, drying of grains, storage, and processing. Still, Women’s contributions as cultivators and agriculture labourers are not recognized. In fact, women get to manage agricultural land when male migrate to cities for work or a woman is the head of the family. Women also look after water needs and grow vegetables, especially for family needs. An estimated twenty percent of women in the rural households are de facto family heads because of widowhood, desertion, and male migration. These women manage agricultural land to feed their families. Though they work as producers, the ownership always remains in the name of male members. Lack of ownership hinders present obstacles such as availing agricultural loans and use of modern technology for sustainable soil management. Hence, women work hard mostly without any ownership per se. It appears to reflect a new form of the Zamindari (leadership) system.86 The Indian judiciary has sought to address the issue in some recent cases.87 For example, Babu Ram v. Santokh Singh and others (2019),88 the Supreme Court of India, decided the case on the issue of succession of agricultural land under the HSA 1956. The legal question was whether the immovable property includes agricultural

 Saxena (2019); available at: Finance Minister Ignores Fundamental Rights of Women Farmers to Inherit Land (thewire.in) (accessed on 24 November 2022). Also see, Rajasthan Tenancy Act, 1955 (Rajasthan Act No. 3 of 1955), Bare Acts Live; available at: Rajasthan Tenancy Act, 1955 (bareactslive.com) (accessed on 24 November 2022). 84  Centre for women’s Studies, n. 67. 85  Parwez, n. 51. 86  Saxena (2019), n. 83. 87  Deo and Akansha (2019); available at: Gender-Inequality-in-Inheritance-Laws-The-case-ofagricultural-land-in-India-1.pdf (landesa.org) (accessed on 24 November 2022). 88  Babu Ram v. Santokh Singh (deceased) through his LRs and others, Civil Appeal No. 2553 of 2019, Judgement of 7 March 2019; available at: 40770_2018_Judgement_07-Mar-2019.pdf (sci. gov.in). Also see, Archna v. DoC, Amroha (2015); Roshan Lal v. Pritam Singh (2012); Nirmal and Others v Government of NCT of Delhi & Others (2010), WP (C) 6435/2007, 4 June 2010; available at: Nirmala & Others vs Government Of Nct Of Delhi & Others on 4 June, 2010 (indiankanoon. org) (accessed on 24 November 2022). 83

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land under section 22 of the HSA 1956.89 The SC opined that “preferential right given to an heir of a Hindu under section 22 of the HSA is applicable even if the property in question is agricultural land.” The transfer of interest or pre-emption would be in accordance with the state legislation, where the land is situated. Since section 4(2) of the HSA was repealed in 2005 that exempted inheritance agricultural land, it removed the limited application of HSA for the agricultural land. It still remains a grey area in the states’ legislation. In Roshan Lal (Deceased) v. Pritam Singh and others (2018)90 the question came up regarding succession to agricultural land under section 22 of the HSA 1956. The Himanchal Pradesh High Court decided that immovable property includes agricultural land. In Nirmala and Others vs. Government of NCT of Delhi and Others, 170 (2010) DLT 577 (DB), the Delhi High Court observed that women have the right to inherit agricultural land. It was held that the HSA (Amended), 2005 has an overriding effect over the provision of Section 50 of the Delhi Land Reform Act. It showed inconsistency with the State legislation.91 Some studies have shown that though women are the marginalized section, they play a crucial role in the watershed development in India. It helps in addressing problems of land degradation and agricultural productivity. In most cases, women are not encouraged because they do not have land ownership especially of the agricultural land. In 1994, the Government of India took steps to ensure more participation of women through the Watershed Guidelines.92 One of the common guidelines for watershed development projects is “equity and gender sensitivity”. It called for the participation of the women in the decision-making process and their role in the institutional arrangements. It emphasized upon the right to common property by the poor. But it did not provide for the property or land rights for women.93 (d) Forest Land As per the World Bank statistics (2020), the total forest cover in India stood at 24.3%.94 Around two hundred million Indian citizens are understood to be dependent on forests for their livelihood. The individuals and communities mostly hold

 Section 22 of the Hindu Succession Act 1956, n. 60.  Roshan Lal (Deceased) v. Pritam Singh and Others, R. S. A. No. 258 of 2012; Judgement of 1 March 2018. Also see, Roshan Lal (Deceased) Through His...vs Pritam Singh & Others on 1 March, 2018; available at: Roshan Lal (Deceased) Through His ... vs Pritam Singh & Others on 1 March, 2018 (indiankanoon.org) (accessed on 24 November 2022). 91  Nirmala & Ors. vs Govt. Of NCT of Delhi & Ors., W.P.(C) 7263/2007; Judgement of 7 July, 2008; available at: Nirmala & Ors. vs Govt. Of Nct Of Delhi & Ors. on 7 July, 2008 (indiankanoon. org) (accessed on 24 November 2022). 92  Seeley et al. (2000); available at: GK92.QXD (core.ac.uk) (accessed on 24 November 2022). 93  Government of India (2008), Common Guidelines for Watershed Development Projects, 2008; available at: Microsoft Word - WSDGuidelinesfinalversion13-2-08.doc (dolr.gov.in) (accessed on 24 November 2021). 94  The World Bank (2020); available at: Forest area (% of land area) | Data (worldbank.org) (accessed on 24 November 2022). 89 90

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the forest rights.95 The Scheduled Tribes (STs) and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA)96 has provided that the Schedule Tribes and traditional forest dwellers can hold forest lands either individually or collectively as common property for sustainable livelihood. It ensures the land rights for the indigenous communities. The 2006 FRA and the Constitutional provisions [Part X (Articles 244 and 244A);97 the Fifth Schedule;98 and Part IX, Articles 243 to 243-O (inserted by the 73rd Amendment Act 1992)] provide land rights to the STs. The Constitutional provisions are the basic norm or ground norm and lex generalis.99 The FRA is a lex specialis law that deals with the forest rights. There is an institutional mechanism under the provisions of the FRA and the Constitutional provisions for the gram sabhas as primary units of the Panchayati Raj system for the purpose of management of land reserved for the tribal people, land consolidation and soil conservation, water management and watershed development, women and child development, etc. The land includes forest and agricultural land.100 Notwithstanding this, the women’s rights are ignored especially as regards their rights on forest land.101 The position of the women stated as member of the garam sabha (village general assembly under sections 2.g, 3, 4.2); member of different committees (section 6.8), and joint ownership in the name of both the spouses (section 4). However, it remains silent about rights of the individual women, including the married, unmarried, widow, and deserted women. According to the customary law and 2006 FRA, women from the tribal communities cannot inherit the land. To attain goals of sustainable soil management, women need to be given the full legal ownership land.102 Though women do not have forest land ownership, there are many cases where women participated or took a leading role for the protection of the forest land: (i) Chipko Movement (Uttar Pradesh): Chipko means hugging of trees. It officially began on 24 April 1973. The local village women hugged the trees to prevent

 Kumar (2020).  The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006; available at: FRARulesBook.pdf (tribal.nic.in) (accessed on 24 November 2022). 97  Government of India (2022), The Constitution of India, n.79, Part X. 98  Government of India (2022), Fifth Schedule [Article 244(1)] Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes, n.79. Also see, the Constitution (Seventythird Amendment) Act, 1992: Panchayati Raj institutions; available at: The Constitution (Seventythird Amendment) Act, 1992| National Portal of India (accessed on 24 November 2022). 99  Raz (1974), pp.  94–111; available at: https://academic.oup.com/ajj/article/19/1/94/182193 (accessed on 24 November 2022). Also see, Harris (1971), pp. 103–133. 100  Government of India (2022), The Constitution of India, Eleventh Schedule; Article 243G inserted by the Constitution (Seventy-third Amendment) Act, 1992, n. 79, pp. 349–350. 101  Kumar, Archana N., A Study on Women Entitlements in the Forest Rights Act, 2006  in DumbrigudaMandal, Vizag, Conducted for CRY Net Collective and Samata, Tata Institute of Social Sciences, Mumbai; available at: Report_on_FRA.pdf (indiaenvironmentportal.org.in) (accessed on 24 November 2022). 102  Zaidi (2019), p. 48. 95 96

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cutting down trees. It was a feminist ecological movement to protect and preserve forests in the sub-Himalayan region, Uttar Pradesh, in India. Some of the slogans at the time included “ecology is permanent economy”,103 “what do the forests bear? soil, water and pure air”. It reflected anger against the Government’s Forest policy to preserve ecological balance that resulted in conflict. Women demanded their share in the environmental decision-making processes.104 In 1987, the Chipko movement was awarded the Right Livelihood Award.105 ( ii) Niyamgiri Hills (Odisha): Women played a crucial role in protecting the forest they construed as an abode of their lord—Niyam Raja. The State-run Orissha Mining Corporation (OMC) and Vedanta Aluminum Ltd. were allowed to extract bauxite from the Niyamgiri Hills considered sacred by the Dongria Kondh and Kutia Kondh tribes in Rayagada and Kalahandi districts. The mega mining project was set to threaten their religious rights as well as and forest as source of livelihoods. Women were in the forefront of the massive agitation against the project. The Orissa government organized the gram sabhas on 18 July and 19 August 2013 to discuss the issue. But the people collectively rejected the project. In 2010 the Union Ministry of Environment and Forest also rejected the forest clearance for the mining project. OMC challenged the Ministry’s order before the Supreme Court of India in Orissa Mining Corpn. Ltd v. Ministry of Environment & Forests (2013).106 The SC examined the issues as violation of Articles 24, 25, and 26 of the Constitution of India and the 2006 FRA. It issues orders for organizing the gram sabhas under the FRA to determine the right of the forest dwellers. All the gram sabhas rejected the project as sections 3 to 6 of the FRA confers the right on the gram sabhas “to determine individual and community rights for forest-dwelling by the STs and TFDs (Traditional Forest Dwellers)”.107 On 13 February 2019, the SC ordered rejected the rights of the forest dwellers under the FRA across 21 states, including Odisha.108 However, on 28 February 2019, the SC stayed its own order for eviction under the FRA.109

 Jain (1991), pp. 163–178; available at: http://www.fao.org/3/r0465e/r0465e03.htm (accessed on 24 November 2022). 104  India Today (2017); available at: Chipko movement founder Sunderlal Bahuguna: The defender of Himalayas turns 90 - India Today (accessed on 24 November 2022). 105  NDTV (2018), “Chipko Movement: What it is all about?”, 26 March 2018; available at: Chipko Movement: What Is It All About (ndtv.com) (accessed on 24 November 2022). 106  Orissa Mining Corpn. Ltd. v. Ministry of Environment & Forests (2013) 6 SCC 476, 18 April 2013; available at: Orissa Mining Corporation Ltd vs Ministry Of Environment & Forest ... on 18 April, 2013 (indiankanoon.org) (accessed on 24 November 2022). 107  Mishra (2013); available at: Niyamgiri tribals reject Vedanta’s mining project - BusinessToday Issue Date: Sep 15, 2013 (accessed on 24 November 2022). 108  Rajagopal (2019a); available at: SC orders States’ chief secretaries to evict rejected claimants under Forest Rights Act - The Hindu (accessed on 24 November 2022). 109  Rajagopal (2019b); available at: SC stays Feb 13 order for eviction of tribals, forest dwellers The Hindu (accessed on 24 November 2022). Also see, “Supreme Court Defers Review Order on 103

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The 2016 National Draft Policy110 for Women’ focuses on women’s empowerment. It has addressed that there should be gender equality in the agriculture sector. Women should be recognized as farmers with all equal rights. There should be the adoption of schemes and programmes for training women in soil conservation, social forestry, etc. It is also raised the issue of property or land rights and full ownership by the women through effective implementation of the law and addressing the inequality. Moreover, it requires giving priority to women for purchase and control of land through individual or joint land pattas.111 (e) Land Acquisition and Compensation Entry 42 of the Concurrent List in the Seventh Schedule of the Constitution of India gives power to both the Centre and states to make laws on the “acquisition and requisitioning of property”112 that would include both agricultural and non-­ agricultural land. In 2013, the Government of India adopted the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act.113 This Act ensures fair compensation, rehabilitation, and resettlement to the owner114 and other affected families for land acquisition for industrialization, development of essential infrastructural facilities, and urbanization. The Act also defines a family that includes widows, divorcees, and women deserted by families as a separate family [section 3(m)]. There is also a provision for a “Rehabilitation and resettlement committee at project level” that includes a representative of a woman residing in the affected area as a member of the committee.115 The above discussion shows how men are in dominant positions regarding ownership rights and decision-making structures. As a result, women hardly have any scope for being part of the decisions. Soil health, water, food security, nutrition and health, and women empowerment, and so on, are also connected with a concern for not letting the acquisition of land by the government.116 The compensation, rehabilitation and resettlement allowances are offered to the owner of the land. It, in turn,

Forest Rights Act”, The Quint, 24 July 2019; available at: Supreme Court Defers Review Order on Forest Rights Act (thequint.com) (accessed on 24 November 2022). 110  Government of India (2016); available at: women empowerment poliy_Final_17May.pdf (wcd. nic.in) (accessed on 24 November 2022). 111  Ibid. 112  Government of India (2022), The Constitution of India, Concurrent List (List  - III) of the Seventh Schedule, n.79, pp. 321–324 at 324; Entry 42 provides: “Acquisition and requisitioning of property”. 113  The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; available at: A2013-30.pdf (legislative.gov.in) (accessed on 24 November 2022). 114  Ibid, section 3. 115  Ibid, section 45. 116  Ibid.

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implicitly removes women from receiving all the benefits of land acquisition though women are the most affected group of land acquisition.117

3.2 Protection of the Farmers’ Rights The natural resources are closely linked such as soil, food, fuel, timber, water and genetic resources. The emerging “climate emergency”118 presents serious challenge for the economic development and poverty eradication119 in a country like India with 1.4 billion population, ranks at 66 out of 109 countries120 in multidimensional poverty index (2021). The farmers, men and women, contribute in food security and sustainable soil management. Due to structural and societal realities, women rarely get recognition as farmers. Are existing laws being enough to provide and secure the rights of the female farmers?121 The challenge of soil degradation seriously affects farmers’ lives, especially the female farmers. Women are both resource users as well as soil conservers. Hence, the protection of women farmers’ rights is important.122 Who is a ‘farmer’? Section 2(k) of the 2001 Protection of Plant Varieties and Farmers’ Rights Act (PPVFR) defines a farmer as: ‘Farmer’ means any person who- (i) cultivates crops by cultivating himself; or (ii) cultivates crops by directly supervising the cultivation of land through any other person; (iii) conserves and preserves, severally or jointly, with any person any wild species or traditional verities or adds value to such wild species or traditional varieties through selection and identification of their useful properties.123

There is also a comprehensive definition of farmer available in the 2007 National Policy for Farmers (NPF) was drafted by the National Commission on Farmers:  Franczak (2017); available at: The Exclusion of Women’s Interests in India’s Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 – McGill Human Rights Interns (accessed on 27 November 2022). 118  Desai (2022a); Blog Special: Global Climate Change as a Planetary Concern: Making International Law Work (sisblogjnu.wixsite.com). Also see, UN (2022), Secretary-General’s remarks to Stockholm+50 international meeting, Stockholm, 02 June 2022; Secretary-General’s remarks to Stockholm+50 international meeting [as delivered] | United Nations Secretary-General (accessed on 27 November 2022). 119  Desai (2022b); Blog Special: Poverty as a Violation Human Rights: Taking International Law Seriously (sisblogjnu.wixsite.com) (accessed on 27 November 2022). 120  Press Information Bureau (2021); https://pib.gov.in/PressReleasePage.aspx?PRID=1775489 (accessed on 27 November 2022). 121  Swaminathan (2002), pp. 778–780. Also see, FAO (2017), “Voluntary Guidelines for Sustainable Soil Management”; available at: http://www.fao.org/3/a-bl813e.pdf (accessed on 04 September 2022); Bhattacharyya (2016), p. 565; available at: https://www.mdpi.com/2071-1050/8/6/565/htm (accessed on 04 September 2022). 122  Ibid. 123  India Code (2001), The Protection of Plant Varieties and Farmers’ Rights Act 2001; available at: A2001-53.pdf (legislative.gov.in) (accessed on 27 November 2022). 117

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For the purpose of this Policy, the term “Farmer” will refer to a person actively engaged in the economic and/or livelihood activity of growing crops and producing other primary agricultural commodities and will include all agricultural operational holders, cultivators, agricultural labourers, sharecroppers, tenants, poultry and livestock rearers, fishers, beekeepers, gardeners, pastoralists, non-corporate planters and planting labourers, as well as persons engaged in various farming related occupations such as sericulture, vermiculture, and agro-­ forestry. The term will also include tribal families / persons engaged in shifting cultivation and in the collection, use and sale of minor and non-timber forest produce.124

In most cases, the definition of farmer includes only the landowners or the person who owns agricultural land. The definition of a ‘farmer’ in the 2007 NPF is broader to include land-less farmers. In practice, a farmer owns the agricultural land. It is estimated that around 60% to 80% of farmers are women who do not have land ownership and hence they do not get all the available facilities for the farmers.125 The 2001 PPVFR was adopted in compliance with India’s obligations under the 1994 Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS).126 It provides for the protection of plant breeders127 and the farmers' rights. Still, women get less attention. The 2006 FRA seeks to protect biodiversity and traditional knowledge. In practice, it is discriminatory to women. It provides for individual rights rather than community rights of the tribal people. Among the Bhil tribal community, that is collective forest management by men and women. Under the FRA, with token membership, women’s participation is limited in the Forest Rights Committee. Moreover, if women farmers get land, they are forced to cultivate particular products as prescribed by the Authority rather than use their traditional knowledge and end up as farm labourers.128 In 2002, the Biodiversity Act129 was enacted by the Parliament to give effect to the 1992 Convention on Biological Diversity (CBD),130 ratified by India in 1994.131 There is an extricable linkage between gender and biodiversity. For example, women in rural Asia and Africa are the collectors of wild plant food, while men

 Government of India (2007), National Policy for Farmers 2007, paragraph 3.2, p. 4; Department of Agriculture and Cooperation, Ministry of Agriculture; available at: npff2007 (1).pdf (agricoop. nic.in) (accessed on 27 November 2022). 125  Jebaraj (2019); available at: Who is a farmer? Government has no clear definition - The Hindu (accessed on 27 November 2022). 126  WTO (1994), Agreement on Trade-Related Aspects of Intellectual Property Rights, The TRIPS Agreement is Annex 1C of the Marrakesh Agreement Establishing the World Trade Organization, signed in Marrakesh, Morocco on 15 April 1994; WTO | intellectual property (TRIPS) - agreement text - contents (accessed on 27 November 2022). 127  India Code (2001), n. 123, Section 2 (c). 128  Bahl (2017). 129  Government of India (2002), The Biological Diversity Act 2002; available at: The Biological Diversity Act, 2002|Legislative Department | Ministry of Law and Justice | GoI (accessed on 27 November 2022). 130  CBD (1992), Convention on Biological Diversity; available at: cbd-en.pdf (accessed on 27 November 2022). 131  CBD (1992), List of Parties; available at: List of Parties (cbd.int) (accessed on 27 November 2022). 124

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focus on harvesting timber and wild meat. As a consequence, women, and men develop different knowledge regarding different species, their use, and management. In most of the cases, the decision-making power regarding these activities remains in the hand of the men132 though gender equality is one of the preconditions for sustainable development.133 By keeping in mind the contributions and needs of gender issues, the CBD has developed the Gender Action Plan (2015–2020).134 It emphasises on an understanding of gender-differentiated biodiversity practices and knowledge of women and men for the conservation of biodiversity.135 The 2002 Biodiversity Act addresses the issues of conservation and sustainable use of biological resources including traditional knowledge.136 There is a three-tier structure of the National Biodiversity Authority, the State Biodiversity Board, and the Biodiversity Management Committee (BMC) at the local level. It has a clear provision of participation of one-third of women and equal participation in the entire decision-making process of BMC. There are examples that show as to how women conserve biodiversity, for instance, Medak district in Andhra Pradesh; women handover seed pots to their daughters-in-law that they can pass the knowledge to the next generation and contribute to conserving biodiversity. Women farmers do this without being part of the DMC. Women’s knowledge and work are the key components for the conservation of biological diversity. Unfortunately, instead of performing multiple tasks, they remain invisible as farmers. Their productive work is not recorded as production and contribution to economic development.137 As there is a close connection between soil and seeds, the farm produce depends on soil health. The conservation of biological diversity and seed protection also depend on soil management. Women have the traditional knowledge and skill for soil management. Still, they do not any recognition per se. The seed preparation depends on soil enrichment and maintenance. Hence women’s knowledge is important for farming as well as forestry to use biomass for feed and fertilizer. Women are the custodian of biodiversity. Crop diversity is essential for the maintenance of soil because monoculture reduces the fertility of the soil. Also, artificial chemicals kill flora and fauna. For instance, in Karnataka, women (Lambani) take all the decisions

 CBD (2017), “What is Gender and Biodiversity?”, 27 March 2017; available at: What is Gender and Biodiversity? (cbd.int) (accessed on 27 November 2022). 133  CBD (2017), “Why is it important?”, 06 March 2017; available at: Why is it Important? (cbd. int) (accessed on 27 November 2022). 134  CBD (2017), 2015-2020 Gender Plan of Action; available at: https://www.cbd.int/gender/ action-plan/ (accessed on 27 November 2022). 135  CBD (2019), “Gender Mainstreaming: “What Needs to be Done?”, 30 May 2019; available at: What Needs to be Done? (cbd.int) (accessed on 27 November 2022). 136  National Biodiversity Authority, “Frequently Asked Questions on the Biological Diversity Act”; available at: National Biodiversity Authority (nbaindia.org); National Biodiversity Authority  FAQ (nbaindia.org) (accessed on 27 November 2022). 137  Shiva (1992), p. 208. 132

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relating to akadicrop (cereal crop). They preserve the traditional seeds over generations. Women remain the main conservers of Navdanya or nine seeds.138 The 2015 FAO voluntary guide for the national seed policy formulation, called for an active participation of female farmers in Participatory Plant Breeding (PPB) and Participatory Varietal Selection (PVS).139 As women are the primary food providers as well as producers of food, it would ensure that they can easily access, exchange, and use the seeds. As such women can exchange their own traditional knowledge for seed improvement. They need to be given due role in taking any kind of decision regarding seeds that comes under the informal sector. The seed policy should promote and support the informal sectors by training schemes for the farmers, community seed banks, germplasm conservation, seed quality control etc.140 The Seeds Act (1966)141 and the National Seeds Policy (2002),142 seek to address preservation of seeds. The Seeds Act only covers the varieties of seeds that are officially notified. A new Seed Bill (2019)143 provides for compulsory registration of any kind of seed varieties that are sought to be sold in the market.144 However, some writers have not viewed the Seed Policy, the Seed Act and the Seed Bill, as farmers friendly.145 Here, again, there is no specific recognition of role of women.

3.3 Labour Laws According to the 2011 Census data, there are 98 million Indian women engaged with agriculture. Around 63% among them or around 61.6 million women are agriculture labourers means they are farmers without being the owner of the land.146 There are many women working in the agricultural sector or farming as self-­ employed, unpaid help or wage labour. Because of the huge migration of men, women take the responsibility of decision making for agriculture or farming.  Ibid.  FAO (2015a), p. 29; available at: Voluntary guide for national seed policy formulation (fao.org) (accessed on 08 December 2022). 140  Ibid, p. 32. 141  The Seeds Act, 1966 (Act No.54 of 1966); available at: 4-rti-19-2-18.pdf (gujarat.gov.in) (accessed on 08 December 2022). 142  National Seeds Policy, 2002; available at: 7.National_Seed_Policy_2002 (mphorticulture.gov. in) (accessed on 04 September 2022). 143  PRS India (2019), PRS India (2019), The Seeds Bill, 2019; available at: Draft Seeds Bill, 2019. pdf (prsindia.org) (accessed on 08 December 2022). 144  For instance, see Damodaran (2019); available at: Explained: Sowing a new Seeds regime | Explained News,The Indian Express; Singh and Rao (2019); available at: Will Seed Bill 2019 deliver the goods? - The Hindu BusinessLine (accessed on 08 December 2022). 145  Shiva (2019); available at: THE SEED BILL 2019 IS A THREAT TO INDIA’S SEED SOVEREIGNTY AND FARMERS RIGHTS. - (udaen.info) (accessed on 08 December 2022). 146  Lahariya and Sethi (2015); available at: India’s quiet women farmers slip into crisis | Business Standard News (business-standard.com) (accessed on 08 December 2022). 138 139

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Underscoring the need for recognition of women in the management of soils, eminent agricultural scientist Prof. M.S. Swaminathan, had moved a private member’s bill in the Rajya Sabha on the Women Farmers’ Entitlement Bill, 2011147 that sought access to water, credit and inputs for women farmers. As they are not the owner of the land so, women work merely as operators or landless agricultural labourers. Some studies have shown that women are even paid lower wages than men for equal hours of work because the notion is that women cannot do hard work in comparison to men.148 Women are mostly engaged in informal employment without special protection and security of reliable income and employment. They often perform difficult physical labour, long hours work in unsafe working conditions, and are paid low wages compared to men.149 Though Article 14 provides the right to equality as a fundamental right and Article 39(d)150 of the Constitution of India states equal pay for work as a Directive Principle of State Policy, women still face discrimination. Mostly, female agricultural labourers are associated with productivity or field crop production that includes processing preservation, utilization of biomass, cropping, and preparation of food. For some landless households depend upon he wages of the women farmer. They work on their family land, yet they cannot inherit the land. Moreover, the female farmers’ wages remain lower than the men.151 According to the 66th Report of the National Sample Survey (2009–2010),152 male workers’ wage is 1.4 times higher than female workers. Also, the working condition for women is poor, and their bargaining power is more limited.153 The government is trying to reduce the gender wage gaps through the Mahatma Gandhi National Rural Employment Act (2005) that provides minimum wages for all.154 In 2020, India ranked at 149th in economic participation and opportunity, and 117th in wage equality for similar work.155 The situation seems worrisome as the 2022 Gender Gap Index156 has placed India at an overall 135th position (from 108th in 2018).

 Kurmanath (2018); available at: Swaminathan moves Bill in Rajya Sabha for women farmers The Hindu BusinessLine (accessed on 08 December 2022). Also see, “Women Farmer’s need Policy Attention”, the Hindu Businessline, 9 January 2018, India farming women policy issues migration - The Hindu BusinessLine. 148  Seeley et al. (2000), n. 26. 149  Government of India (2019b), n. 7. 150  India Code, Article 39, n. 36. 151  Chen (1989). 152  Government of India (2011), Employment and Unemployment Situation in India 2009-10, NSS Report No. 537(66/10/1); available at: India - Employment and Unemployment, July 2009 - June 2010, 66th Round (microdata.gov.in) (accessed on 08 December 2022). 153  Ibid, p. 15. 154  ILO (2018), pp. 26–27; available at: wcms_638305.pdf (ilo.org) (accessed on 8 December 2022). 155  Singh, Vaishnavi (2020), “Gender Wage Gap in India”, 22 July 2020; available at: Infographic: Gender Wage Gap In India (feminisminindia.com). 156  World Economic Forum (2022), Global Gender Gap Report 2022; available at: Preface - Global Gender Gap Report 2022 | World Economic Forum (weforum.org) (accessed on 8 December 2022). 147

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The situation of the gender disparities arises from structural problems faced by women who own land in agricultural loan or government credits.157 Even in cases of suicide by the women farmers, they do not get compensation. Sometimes they take a contract to cultivate the land. When there is a suicide of the farmers or farmers protest, women farmers do not figure in the claim.158 The Minimum Wages Act, 1948 (Part II of the Schedule), provides that this Act would be applicable for agricultural employment such as any kind of cultivation and tillage of the soil, dairy farming, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodity, any practice performed by a farmer.159 According to the Minimum Wages Rules (1950), payment for overtime work is also applicable for employment in agriculture.160 The graphic ground reality came to the fore in Beed District of Maharashtra where around 13,861 women among 82,309 (age group of 35 to 40) resorted to hysterectomy (removed of wombs to end their health issues) ensure non-disruption of their wage earnings (Rs. 1 to 1.5 lakh yearly wages for 12 hrs per day labour) from working in the sugarcane fields.161 Several factors such as early marriage, water scarcity, absence of menstrual hygiene, lack of toilet and poverty etc., push them into resorting to such extreme steps so as not to lose their wages. The Plantation Labour Act, 1951 (amended in 1981) provides for the welfare of the labourers and regulates the conditions of work in plantations. The Act requires an arrangement to be made by the employers in every plantation to provide and maintain a sufficient supply of wholesome drinking water to all workers, medical facilities, canteen, crèches, recreation facilities, educational facilities, housing facilities and annual leave with wages and maternity benefits. In India, the plantations includes tea, coffee, and rubber.162 Every plantation, employing 50 or more women workers, also need to provide for crèches. However, only 20 to 25% of the plantation workers who are employed in large estates above 25 acres and who come under the purview of the Plantation Labour Act get such benefit. About 75 to 80% holdings in tea, coffee, and rubber are small and marginal where workers have access to free housing facilities, free electricity and drinking water facilities, and sometimes even medical care. They do not generally receive many of the benefits such as subsidized rations, unlike the organized plantation workers.

 Chen (1989), n. 151.  For this see, generally, Lahariya and Sethi (2015); available at: India’s quiet women farmers slip into crisis | Business Standard News (business-standard.com); Purohit (2019); available at: As debt grows, more Indian women farmers taking their lives | Agriculture | Al Jazeera (accessed on 08 December 2022). 159  The Minimum Wages Act, 1948, Part II; available at: THE MINIMUM WAGES ACT, 1948 (mahaonline.gov.in) (accessed on 08 December 2022). 160  Ibid. 161  Mulye (2019); available at: Over 13,000 female sugarcane labourers in Beed have undergone uterus removal surgery, says probe pan- The New Indian Express (accessed on 08 December 2022). 162  NCW, Agriculture Sector in India; available at: Untitled-3 (ncwapps.nic.in) (accessed on 09 December 2022). 157 158

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Ironically, in most of the cases women do not hold land as owner. Even in her family’s land, women’s average contribution is estimated at 55% to 66% of the total labour with percentages, much higher in certain regions. In the Indian Himalayas, a pair of bullocks works 1064 hours, a man 1212 hours and a woman 3485 hours in a year on a one-hectare farm. It underscores women’s significant contribution to soil management and agricultural production. What constitutes labour needs to take into account the great volume of farm related work and chores women. Under the ILO Conventions, the State party needs to put into place relevant policies, legislations and institutional mechanisms to ensure factoring of women’s role and contribution in the protection of soils and farm production.

3.4 Violence Against Women Women often remain far from agricultural decision-making processes. Gender-­based discrimination, sexual and gender-based violence, cultural taboo, illiteracy constitute some of the main barriers in this respect.163 Women who are engaged in agricultural works remain vulnerable, face sexual violence and harassment during farming works in the field, plantation, greenhouses, and packing areas from the male supervisors and other farm workers. As seen in cases of other women workers, women farm labourers do not share their experiences because of social stigmatization and the fear of losing work.164 It keeps women on the margins as regards their own capacity, productivity and decisions concerning farming and soil management.165 Situation is aggravated since most of the farming processes come under the unorganized sector. The 2019 ILO Violence and Harassment Convention (No. 190), defines ‘violence and harassment’; and ‘gender-based violence’ as follows: (a) the term “violence and harassment” in the world of work refers to arrange of unacceptable behaviours and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm, and includes gender-based violence and harassment; (b) the term “gender-based violence and harassment” means violence and harassment directed at persons because of their sex or gender, or affecting persons of a particular sex or gender disproportionately, and includes sexual harassment.166

 Ibid.  Henry and Adams (2018); available at: Spotlight on sexual violence and harassment in commercial agriculture: Lower and middle income countries (ilo.org) (accessed on 08 December 2022). 165  Yugantar Education Society, A Research Study on the Nature, Incidence, Extent and Impact of Sexual Harassment of Women at Work Place in the State of Maharashtra, submitted to Department of Women & Child Development, Government Of India; available at: Microsoft Word - A_Study_ on_Nature_Incidence_Extent_And_Impact_Of_Sexual_Harassment_Of_Women_At_Work_ Place_In_The_State_Of_Maha (ncwapps.nic.in) (accessed on 08 December 2022). 166  ILO (2019), Violence and Harassment Convention, 2019 (No. 190); available at: Convention C190  - Violence and Harassment Convention, 2019 (No. 190) (ilo.org) (accessed on 08 December 2022). 163 164

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The preamble to the Convention explicitly states that violence or harassment at the workplace constitutes a violation of human rights. Even the CEDAW and the General Recommendation 19 of the CEDAW Committee also prohibit violence and all forms of discrimination against women.167 Section 2 of Sexual Harassment at Work Place (2013), defines sexual harassment.168 There is an Indian Penal Code deals with violence and crime against women and some other special Acts like the Domestic Violence Act (2005).169 There is a close connection between soil degradation and marginalization and violence against women.170 All these national laws do not specifically deal with the violence that the women farmers face. These treat women farmers as women in general. Only the Sexual Harassment at Work Place Act deals with women employees of both organized and unorganized sectors. Domestic Violence Act protects basically the women farmers who work on the farm that is owned by the husband or any male member of the family. There is a need to give special attention and remedial measures to address various forms of violence faced by the women farmers.

3.5 Climate Change and the Protection of Natural Resources Environmental degradation and climate change exacerbate land degradation processes, especially in low-lying coastal areas, river deltas, dry lands, and permafrost areas. It has a negative impact on the soil. Soil erosion from the agricultural field is estimated higher than the soil formation rate. It results in a water crisis and food crisis. According to the FAO, women play a crucial role in global food production.171 Still, women, as the most vulnerable group, suffer because of climate change, land degradation, and soil erosion.172 Therefore, the sustainable soil management can help in mitigation and adaptation to climate change.

 OHCHR, Committee on the Elimination of Discrimination against Women: General Recommendations; OHCHR | General recommendations (accessed on 08 December 2022). 168  The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 2 (n); available at: A2013-14.pdf (legislative.gov.in) (accessed on 08 December 2022). 169  The Protection of Women from Domestic Violence Act, 2005;available at: The Protection of Women from Domestic Violence Act, 2005|Legislative Department | Ministry of Law and Justice | GoI (accessed on 08 December 2022). 170  Planning Commission (2013), Twelfth Five Year Plan, n. 74. 171  FAO, “Women’s contributions to agricultural production and food security: Current status and perspectives”; available at: Gender food security (fao.org) (accessed on 09December 2022). 172  Desai and Mandal (2021), pp. 137–157; available at: epl210055 (iospress.com); IPCC (2019), Climate Change and Land: An IPCC Special Report on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems: Summary for Policymakers, 07 August 2019; available at: 4.-SPM_Approved_ Microsite_FINAL.pdf (ipcc.ch). (accessed on 09 December 2022). 167

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Women farmers contribute more than 50% of global food production. They also in climate change adaptation and mitigation measures by adopting new trends, techniques, sharing knowledge etc. For example, women are experts in paddy cultivation. During the paddy season, they also harvest some nutritious and medicinal plants or weeds such as Kermuha plant, nutritious water spinach. Thus, it is necessary to incorporate wisdom of women in various policy and legal measures173 for soil protection through the protection of the environment, climate change, and conservation of natural resources. Some leading movements were initiated by women to protect the environment and natural resources. The Chipko movement has already been discussed above.174 Similarly, the movement to save Silent Valley175 was one of the important environmental movements. Malayalam poet, Sugatha Kumari played a key role in saving the rainforests that give the second-highest rainfall in India. The valley is located in the southwestern corner of the Nilgiri Hills, a part of the Western Ghats hill chain in southern peninsular India. There is a connection between climate change and the conservation rainforests. In view of the sensitivity and significant of the issue, the Government of India finally declared in 1984 the Silent Valley as a National Park.176 In 1982 the Navdanya movement sought to empower women. Led by Vandana Shiva, the anti-globalization campaigns became an eco-feminist movement that focused on the women-centric farming system. The resultant organization, Navdanya, aims to promote biodiversity conservation and organic farming. It helps to provide market for the women farmers and promote quality food for the consumers.177 In 1985, Narmada Bachao Andolan became a remarkable movement. It protested against adverse effects of development and sought to save vast swathe of land going under submergence from the Narmada Dam. Medha Patkar became a symbol of women’s anti-dam environment movement against the Sardar Sarovar Dam project on the Narmada River in Gujarat.178 The issue was brought before the Supreme Court of India in the case Narmada Bachao Andolan v Union of India and others (2000).179 It raised vital questions of right to  Alvarez (2019); available at: Female farmers in India feed their families despite devastating climate change | Yale Environment Review (accessed on 09 December 2022). 174  Jain (1984), pp. 12–20; available at: Unasylva - No. 146 - Women in forestry - Standing up for trees: Women’s role in the Chipko Movement (fao.org) (accessed on 09 December 2022). 175  Prabhakaran (2009); available at: A rainforest’s saga of survival - The Hindu (accessed on 08 September 2022). 176  Ibid. 177  Navdanya; About Us – Navdanya international; Malhotra (2008); available at: 10 most powerful movements - India Today (accessed on 08 December 2022). 178  Ibid. 179  Narmada Bachao Andolan vs Union of India and Others, 18 October, 2000; available at: Narmada Bachao Andolan vs Union Of India And Others on 18 October, 2000 (indiankanoon.org). Also see, Narmada Bachao Andolan v. State of M.P., AIR 2011 SC 1989; available at: Narmada Bachao Andolan vs State Of M.P. & Anr on 11 May, 2011 (indiankanoon.org) (accessed on 08 December 2022). 173

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life (Article 21) and adverse environmental effects arising from land acquisition, rehabilitation and resettlement. In 2011, the Supreme Court of India, however, gave the final go ahead for continuation of the dam construction.180 The struggle for Plachimada (Kerala) was a movement for the preservation of groundwater against Coca Cola Pvt. Ltd. by the local mostly tribal residents. Though both men and women participated in this struggle, Mayilamma, a woman from the tribal community, led the movement. On 22 April 2002, she started a satyagraha against the soft drink major. The struggle brought the case before the Supreme Court of India.181 In 2003 the Panchyat (Local self-government) cancelled the licence and asked Coca Cola Ltd to stop production. The crucial question raised was: who is the owner of water?182 The Kerala High Court applied the Public Trust Doctrine in Perumatty Grama Panchayat v State of Kerala (2003).183 So, it held that underground water belongs to the public and the State and other authorities work as trustees. The Court affirmed that that right to clean air and unpolluted water forms part of the Right to Life under Article 21 of the Constitution of India. A unique cultural practice was launched in Piplantri village of Rajasthan by Shyam Sunder Paliwal (Gram Pradhan). After the death of his daughter in 2006, he planted trees in her daughter. It has now assumed the form of a cultural practice wherein the people plant 111 trees for the birth of every girl in the village. Now the women grow aloe vera plant s that also provide a source of livelihood to women.184 Now the practice is followed by both men and women.185 Cumulatively, these grassroots movements and struggles underscore the role of women in the protection of the environment, land, and soil conservation.

 Mehta (2005), pp. 613–647; available at: Internally-Displaced Persons and the Sardar Sarovar Project: A Case for Rehabilitative Reform in Rural Media (american.edu) (accessed on 08 September 2022). 181  Outlook (2022); https://www.outlookindia.com/website/story/mayilamma/228877. Also see, Giridharadas (2005); available at: Indian water case pits village against a giant - The New York Times (nytimes.com) (accessed on 08 December 2022). 182  Bijoy (2006), pp. 4332–4339. 183  Government of India (2007), p. 17; available at: ground-water (indiawaterportal.org). Also see, Perumatty Grama Panchayatvs State of Kerala on 16 December, 2003, 2004 (1) KLT 731; Perumatty Grama Panchayat vs State Of Kerala on 16 December, 2003 (indiankanoon.org) (accessed on 08 December 2022). 184  Dhillon (2018); available at: ’It’s for my daughter’s memory’: the Indian village where every girl’s life is celebrated | India | The Guardian (accessed on 08 December 2022). 185  Singh (2013); available at: A village that plants 111 trees for every girl born in Rajasthan - The Hindu (accessed on 08 December 2022). 180

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3.6 Soil Management and Soil Health Card In order to maintain soil health, the Government of India has initiated two schemes (i) Soil Health Management Scheme (SHM) and (ii) Soil Health Card Scheme (SHC). The funds are provided State-wise, under the SHM Scheme. In 2015 the Government of India had launched the Soil Health Card scheme. It would contain the status of his soil with respect to 12 parameters: N, P, K (Macro-nutrients); S (Secondary- nutrient); Zn, Fe, Cu, Mn, Bo (Micro  - nutrients); and pH, EC, OC (Physical parameters). Based on this, the SHC will also indicate fertilizer recommendations and soil amendment required for the farm. The programme aims at issuing soil card for the farmers; training for soil analysis; financial assistance; capacity building, regular monitoring, and evaluation. It comprises constitution of a Project Management Team. As on 09 December 2022, 19, 64, 783 SHCs were issued.186 The State of Karnataka is reported to have provided the highest number of SHCs to the farmers.187 The Guidelines for demonstrations under the SHC scheme aim to demonstrate and popularized farmer-friendly technologies and direct interaction between farmers and the subject experts. Since the financial year 2019–2020, the model village program was launched that adopts one village from each block for soil sampling, testing and distribution as well as organizing fair for spreading awareness among the farmers about the SHC scheme. Women farmers have been given due preference as beneficiaries and provided guidance during field days of implementation of demonstrations.188 The Farm Women Friendly Hand Book189 incorporated the special provisions under the Government Schemes or Mission of Department of Agriculture, Cooperation, and Farmers Welfare (DAC&FW). It focuses on the role of the women farmers from plantation to harvesting and the post-harvesting period. It is noteworthy that some of the important national policies and Government schemes have given a specific attention to the women farmers. For instance, the 2007 National Policy on Farmers has given priority for the recognition and mainstreaming of women’s role. Similarly, the DAC&FW has adopted various ‘pro-­women’ ­initiatives for mainstreaming of gender in the relevant schemes, programmes and missions. As a corollary, the National Gender Resource Centre in Agriculture (NGRCA) was set up (2005–2006) by DAC&FW. It aims to link up all gender-­related activities in agriculture and relevant sectors. It has been mandated to collect and analyse data on women  Government of India (2022), Soil Health Card: Model Village Program; available at: Soil Health Card (dac.gov.in) (accessed on 09 December 2022). 187  Indian Council for Food and Agriculture, Soil Health Management in India; available at: Soil_ Health_Management_in_India.pdf (icfa.org.in). Also see, Government of India, Soil Health Card; available at: https://soilhealth.dac.gov.in/ (accessed on 08 December 2022). 188  Government of India (2019c); available at: Soil Health Card (dac.gov.in); Guidelines_for_ Demonstrations_under_SHC_Scheme.pdf (dac.gov.in) (accessed on 08 December 2022). 189  National Gender Resource Centre in Agriculture, The Farm Women Friendly Hand Book; available at: ext_rpt_1.pdf (agricoop.nic.in) (accessed on 08 December 2022). 186

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in agriculture. However, it has only power to make recommendations as regards protecting the women farmer’s right to livelihood.190 In 1985, the Bio-Fertilizers and Organic Fertilizers in Fertilizer Control Order191 is to ensure quality control requirements of fertilizers. It seeks to increase the productivity of the soil and protect soil health. In practice, women are engaged in organic farming and the use of bio and organic fertilizers. Still, the definition of a farmer is not clear as it provides for the agricultural landowners. Since many women farmers are not owners of agricultural land or landless women farmers, they would be denied benefits of these schemes.192 Thus, due to inherent vagueness in many of the scheme’s terminologies, woman cultivators and labourers remain invisible though they play crucial roles in attaining the goal of sustainable soil management. It calls for gender sensitization to factor in role of women across the entire spectrum of sustainable soil management.

4 Some Legal Challenges As discussed above, there are basic challenges as regards the recognition of women as farmers. On 24 July 2021, in reply to the Lok Sabha question (No. 1011), the Government made it clear the 2011 Census Report recorded 8.28 crore and 3.60 crore male and female cultivators, respectively. However, the Census recognized women only as cultivators and agricultural labourers. It was mentioned that the Government still had “no proposal to provide identity cards to women farmers.”193 Since the land is owned by the family wherein male members only figure as a standard practice (barring rare exceptions). Thus, women are engaged in agricultural activities without having any ownership per se and hence are not legally recognized as farmers. Women farmers do not get or claim farmers’ rights and benefits of the Government schemes for the f­ armers, credits, or farmer’s loan, subsidies. The food security has been legalized under the national Food Security Act, 2013.194 That also has criteria for the beneficiaries. It is a sad commentary that in cases of suicide by the women farmers their families do  Krishi Vistar, National Gender Resource Centre in Agriculture; available at: http://krishivistar. gov.in/Ngrca.aspx. Also see, Vikaspedia, Special provisions for women farmers in national schemes; available at: Special provisions for women farmers in national schemes — Vikaspedia (accessed on 08 December 2022). 191  National Centre of Organic Farming Department of Agriculture and Cooperation (2014), Biofertilizers and Organic Fertilizers (Control), Order, 1985; available at: Biofertilizers and Organic Fertilizers in Fertilizer (Control) Order, 1985 - DocsLib (accessed on 08 December 2022). 192  UN Women South Asia (2012), n. 66. 193  Government of India (2018), Lok Sabha Question No: 1011 (answered on 24 July 2018); Ministry of Agriculture and Farmers Welfare; available at: Questions : Lok Sabha (accessed on 08 December 2022). 194  Ministry of Law and Justice (2013), The National Food Security Act, 2013 (No. 20 of 2013); available at: 201320.pdf (indiacode.nic.in) (accessed on 08 December 2022). 190

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not get compensation – as they do not come within the definition of a farmer. For example, a government order ‘GO 241’ issued in 2004 only recognized the farmers who owned land. So, the family and dependents of only those farmers got compensation in cases of suicide. Women cultivators or labourers did not get compensation due to the deeply ingrained exclusionary policies and practices.195 The Women farmers’ Entitlement Bill 2011’196 was introduced by M.S. Swaminathan in the Rajya Sabha. It aimed at addressing the gender-specific needs of the women farmers and protection of their rights in connection with agricultural land, water, forest, and other natural resources both as resource users and producers. The Bill proposed for providing women farmer certificates or ‘Kisan Credit Cards,’197 to women farmers in order to protect their rights as farmers. Such a recognition of land rights of the women is essential to protect their other legal rights. In this process, possession of ownership rights by and gender-responsive198 policies and legislations hold the key. It will ensure them full decision-making power. It would provide them legal recognition as women farmers as well as give access to institutional credit, new technologies and benefits of other governmental programs. In fact, gender non-discrimination in ownership of the agricultural land would enable women to play decisive roles in sustainable soil management199 including protection from exposure to the harmful effects of pesticides and insecticides in farming. Lack of entitlement to land (and other assets such as a house, livestock, and so on) is a severe impediment for the women cultivators especially in the decision-­ making power as well as in availing all farmer welfare benefits given the State and service providing institutions such as the co-operative societies.200 Women’s working on land without a title has led to the creation of a new form of Zamindari (absentee landlordism). Land ownership can provide protection from marital and other forms of violence; enhance the bargaining power of women in household decision making and for wages in the labour market. Healthy soil is the source of healthy food production. Sustainable soil management helps to increase food production.201

 Ibid.  Swaminathan (2017), p.  314. Mahila Kisan Sashaktikaran Pariyojana (2014), Reflections of Women Farmers Programme for the Empowerment of Women Farmers; available at: Reflection_ of_mahila_kisan_MKSP_MSSRF.pdf (accessed on 08 December 2022). 197  Ibid. 198  FAO, Gender issues in agricultural and rural development policy in Asia and the Pacific ( Stephens, Alexandra; Resource Papers Part – III); available at: Gender issues in agricultural an rural development policy in Asia and the Pacific (fao.org) (accessed on 08 December 2022). 199  Oxfam International, India: Women farmers persevere; available at: India: Women farmers persevere | Oxfam International (accessed on 08 December 2022). 200  Saxena (2012), n. 75. 201  FAO (2015b); available at: Healthy soils are the basis for healthy food production (fao.org) (accessed on 08 December 2022). 195 196

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5 Conclusion As the above discussion shows, women can play a crucial role in sustainable soil management, provided that are duly enable and empowered through relevant policies, legislations and the institutional mechanisms set up for the welfare of farmers. It is essential recognition for women to come to the forefront for ensuring national food security. Though women and men equally contribute to sustainable soil management, women rarely get recognition as a farmer. Their productive role and contribution for economic development need to be factored in through relevant policies and legislations. It is unfortunate that though the Constitution of India provides for the right to equality as one of the important fundamental rights, the specific legislations and Governmental policies still do not fully give effect to that primarily due to the gender. As a result, for a long time women have been deprived of equal rights to own land, especially agricultural land, payment of minimum wages, farmers’ rights; free from discrimination and different forms of violence, and so on. Within the limits of time and space, the study has mainly discussed the legal gaps that adverse impinge upon women’s ability to contribute to sustainable soil management. It shows inequality notwithstanding the Constitutionally ordained fundamental rights. This calls for urgent legal measures to bridge the gap through reforms in the agricultural sector. The law needs to provide for an inclusive definition of a farmer to remove inherent gender bias in the processes and structures. The status and meaning of the terminologies such as cultivators, agricultural labourers, farm women, landowners etc. need to be clarified in the relevant legislations. The succession laws also require reforms to end gender-based discrimination so as to allow women to inherit property, including agricultural land. After 73 years of coming into force of the Constitution of India, there is a need of a uniform law or a code that includes all women irrespective of religion and end the gender-based discrimination in inheritance of property. Though the National Commission for Women (NCW) and the State Commissions for Women have been set up. They have played far from active role in issues pertaining women’s land ownership and inheritance rights that determine their societal status and ward off all kinds of violence. It calls for a special institutional organ under the Union Ministry of Agriculture and Farmers Welfare to coordinate with the NCW, State Women Commissions and the NGRCA to deal with problems faced by women farmers, their rights on agricultural and forest lands. In fact, such specialized institution would ensure full, equal, and effective participation of women in all the decision-­ making processes concerning sustainable agriculture, forestry, and sustainable soil management.

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Government of India (2019b) A Farmer Friendly Handbook for Schemes & Programmes 2018-19. Ministry of Agriculture and Farmers Welfare Government of India (2019c) Soil Health Card, Guidelines For Demonstrations Under Soil Health Card (SHC) Scheme. Department of Agriculture and Farmers Welfare, Ministry of Agriculture and Farmers Welfare Gupta J (2002) Women second in the land Agenda. Econ Polit Weekly 37(18):1746–1754 Harris JW (1971) When and why does the Grundnorm change? Cambridge Law J 29(1):103–133 Henry C, Adams J (2018) Spotlight on sexual violence and harassment in commercial agriculture: Lower and middle income countries. Research Department Working Paper No. 31, International Labour Organization ILO (2018) India Wage Report: Wage policies for decent work and inclusive growth, pp 26–27 India Today (2017) Chipko movement founder Sunderlal Bahuguna: The defender of Himalayas turns 90. India Today, 9 January 2017 Jain S (1984) Standing up for trees: women’s role in the Chipko movement. Unasylva 36:12–20 Jain S (1991) Standing up for trees: women’s role in the Chipko movement. In: Sontheimer S (ed) Women and the environment: a reader: crisis and development in the third world. Monthly Review Press, New York, pp 163–178 Jebaraj P (2019) Who is a farmer? Government has no clear definition. The Hindu, 2 December, 2019 Krishan N (2014) Sacred plants of India, The woman and the tree. Penguin Kumar S (2020) Forest rights act enables state control of land and denies most Adivasis and forest dwellers land rights. Econ Polit Weekly 55(6) Kurmanath KV (2018) Swaminathan moves Bill in Rajya Sabha for women farmers. 12 March 2018 Lahariya K, Sethi AS (2015a) India’s quiet women farmers slip into crisis. Business Standard, 10 March 2015 Malhotra P (2008) 10 most powerful movements. India Today, 19 December 2008 Mehra R (1995) Women, Land and Sustainable Development. ICRW Working Paper No. 1 Mehta P (2005) Internally-displaced persons and the sardar sarovar project: a case for rehabilitative reform in rural media. Am Univ Int Law Rev 20(3):613–647 Mehta R (2019) Inheritance rights of women: How to protect them and how succession laws vary. Times of India, 29 July 2019 Ministry of Women & Child Development (2002) National Policy for the Empowerment of Women Mishra A (2013) Tribals in Orissa’s Niyamgiri hills reject Vedanta’s bauxite mining project. Business Today, 15 September 2013 Mulye A (2019) Over 13,000 female sugarcane workers in Beed have undergone uterus removal surgery, says probe panel. The New Indian Express, 29 August 2019 Neelima K (2019) Farmer suicides: The fate of the women left behind. Hindustan Times, 15 September 2019 OHCHR (1979) Convention on the Elimination of All Forms of Discrimination against Women, 18 December 1979 Outlook (2022) Mayilamma: The best-known face of the local people’s struggle for water preservation in Kerala’s northern district of Palakkad, 3 February 2022 Oxfam India (2018) Move over ‘Sons of the soil’: Why you need to know the female farmers that are revolutionizing agriculture in India. 15 November 2018 Parida Y et al (2020) Whether Woes to farmers-suicide cases. The Hindu, 13 February 2020 Parwez M (2009) Marginalization of women: inheritance in Assam. In: Chowdhry P (ed) Gender discrimination in land ownership: land reforms in India, vol 11. Sage Publication, India, pp 6, 11–6, 12 Pattnaik I et al (2018) The feminization of agriculture or the feminization of agrarian distress? Tracking the trajectory of women in agriculture in India. J Asia Pac Econ 23(1):138–155 Planning Commission (2013) Twelfth Five Year Plan (2012–2017) Social Sectors Volume III. Government of India) 2013 Prabhakaran G (2009) A rainforest’s saga of survival. The Hindu, 1 December 2009

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Press Information Bureau (2021) Explainer Note on National Multidimensional Poverty Index. 27 November 2021 Purohit K (2019) As debt grows, more Indian women farmers taking their lives. Aljazeera, 5 November 2019 Rajagopal K (2019a) SC orders States’ chief secretaries to evict rejected claimants under Forest Rights Act. The Hindu, 21 February 2019 Rajagopal K (2019b) SC stays Feb 13 order for eviction of tribals, forest dwellers. The Hindu, 28 February 2019 Raz J (1974) Kelsen’s theory of the basic norm. Am J Jurisprud 19(1):94–111 Saxena NC (2012) Women, land and agriculture in Rural India. UN Women Saxena NS (2019) Finance Minister Ignores Fundamental Rights of Women Farmers to Inherit Land. The Wire, 11 July 2019 Seeley J et  al. (2000) Women’s Participation in Watershed Development in India, Gatekeeper Series no. 92. International Institute for Environment and Development Shiva V (1992) Women’s Indigenous knowledge and biodiversity conservation. India Int Centre Q 19(1/2):205–214 Shiva V (2015) Save our soil. OECD Yearbook Shiva V (2019) The Seed Bill 2019 is a Threat to India’s Seed Sovereignty and Farmers Rights. 23 December 2019 Singh IS, Rao P (2019) Will Seed Bill 2019 Deliver the Goods? The Hindu, 23 November 2019 Singh MP (2013) A village that plants 111 trees for every girl born in Rajasthan. The Hindu, 11 April 2013 Sircar A (2016) Women’s right to agricultural land removing legal barriers for achieving gender equality. Oxfam Indian Policy Brief, No. 19 Swaminathan MS (2002) The protection of plant varieties and farmers’ rights act: from legislation to implementation. Curr Sci 82(7):778–780 Swaminathan MS (2017) Zero Hunger, in 50 Years of Green Revolution: An Anthology of Research Papers. World Scientific Publishing Company, 14 March 2017, p. 314 Tamara N et al (2019) Women’s agricultural practices and their effects on soil nutrient content in the Nyalenda urban gardens of Kisumu, Kenya. Soil 5(2):303–313 The World Bank (2020) Forest Area (% of land area): All Countries and Economies UN Women (2019) A manual for gender-responsive land degradation neutrality transformative projects and programmes. Global Mechanism of the UNCCD and IUCN, p 17 UNCCD (2019) Follow-up on policy frameworks and thematic issues: Gender. 14th Conference of the Parties, New Delhi, India, 2–13 September 2019 UNDP (2007) Mother Earth Environment: Women and Sustainable Land Management UNDP India (2016) Women Farmers Combat Land Degradation in Nagaland Valera HGA et  al (2018) Women’s Land Title Ownership and Empowerment: Evidence From India. ADB Economics Working Paper Series 559 Williams GM (2008) Handbook of Hindu mythology. Oxford University Press, pp 196–198 Zaidi M (2019) Tribal women’s empowerment through the Forest Rights Act, 2006 in southern Rajasthan. Asian J Women’s Stud 25(1):48 Zhang W (2020) Why gender matters for soil health as part of sustainable food systems. IFPRI Blog Post Zhang W et al (2019) Gendered opportunities for improving soil health: A conceptual framework to help set the research agenda. IFPRI Discussion Paper 1822. Washington, DC

Role of Community in the Sustainable Soil Management: A Legal Perspective Purvi Pokhariyal and Deepa Dubey

Abstract  Soil is crucial to sustain life on the earth. Over the years, it has been adversely affected by natural and anthropogenic activities, resulting in degradation. Soil degradation has been occurring for centuries, but in the last century, soil degradation emerged as one of the global concerns that has been sought to be addressed by the 1995 UN Convention to Combat Desertification (UNCCD). Subsequently, the 2015 Sustainable Development Goals (SDGs) have called for the protection of soil biodiversity for the restoration of territorial ecosystem. It has led to action plans and schemes under the international legal framework as well as the domestic policy and legal processes. The primary focus has been on the conservation of soil and the involvement of the community in the sustainable soil management (SSM). In this backdrop, this chapter seeks to analyze and the concept of SSM and understanding the community participation in the sustainable use of soils. It examines various policy, legal and institutional measures taken for realization of SSM and the concerted role played by the community in maintaining soil health. Keywords  Sustainable development goals · Sustainable soil management · Community participation · Soil health · Soil conservation · UNCCD · SDGs

P. Pokhariyal (*) National Forensic Sciences University, Gandhinagar, India e-mail: [email protected] D. Dubey Institute of Law, Nirma University, Ahmedabad, India © The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 B. H. Desai (ed.), Soil Law and Governance in India, International Yearbook of Soil Law and Policy, https://doi.org/10.1007/978-3-031-32360-7_8

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1 Introduction Soil is a vital for sustenance of life as it generates indispensable resources and goods for natural and human ecosystems. Different spheres like atmosphere, biosphere, hydrosphere, geosphere converge along with the biochemical cycles to create a pedosphere. Apart from this, soils have been affected for centuries due to activities like mining, transportation, industrial, urbanization and intense agriculture, construction of roads, rails, metros etc. In the twentieth century, soil degradation, climate change and overpopulation emerged as the primary concern of the global community. It has adversely affected the environment, including the health of the soil. Soil is one of the crucial and nonrenewal resources which is home to a number of micro-organisms and mineral nutrients. Due to burgeoning global population and intensified demands for food production, the soil is being used and denuded beyond its physical and ecological capacity. It has seriously imperilled the health and quality of the soil.

2 Sustainable Soil Management The sustainability of soil refers to the endurance or longevity of the natural state of soil, and its capability of maintaining its natural production ability. According to the revised World Soil Charter, “soil management is sustainable if the different services (supporting, regulating and maintaining) provided by the soil are maintained or enhanced without significantly impairing either the soil functions that enable those services or biodiversity”.1 Here the biodiversity refers to the variation of organism living within the soil from the ecological complexes of which they are part of. The SSM comprises adoption of practices that can preserve the health of soil such as crop rotation, reducing the excessive amount of chemical fertilizer and pesticides or replacing it with the multi-nutrient fertilizer, controlling the soil erosion, promoting soil organic matter and restricting the mining activities.2 In fact, the sustainable use of soil is associated with some 13 SDGs out of 17 SDGs directly or indirectly.3 Healthy soil is essential to meet the global food demand in order to achieve zero hunger. Moreover, the importance of soil for action against climate change is paramount because of its ability to store the organic carbon as well as soil plays vital role in purifying and retaining the water and nutrients. The degraded health of soil is a pervasive issue in India, apart from the agricultural exploitation, deforestation, surface mining, improper waste management, and  FAO (2015); available at: Microsoft Word - C_2015_31_World_Soil_Charter final.docx (fao.org) (accessed on 11 December 2022). 2  United Nations Global Compact, Principles for Sustainable Soil Management, February, 2016, new page 1 (d306pr3pise04h.cloudfront.net) (accessed on 11 December 2022). 3  Keesstra et al. (2016), pp. 111–128. 1

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industrial development are major cause of soil sickness in India. The fertile land under cultivation in India has been cultivated for more than a century. So, the nutrients within those lands have got exhausted. The green revolution brought the technology, high yielding varieties of seeds and chemical fertilizers. It intensified the much-required production, yet in the long run it resulted in loss of biodiversity and degraded soil productivity. The inappropriate practices like imbalance fertilization depleted the fertility of soil, excessive tillage and use of heavy machinery caused decline in the organic matter of soil which affected the culture of soil, the traditional sustainable methods such crop rotation was ignored in order to provide for the industrial production.4

3 SSM and SDGs In view of this, the sustainable soil management (SSM) has emerged as a vital tool for the realization of a number of sustainable development goals (SDGs). None of these goals directly address the SSM, it contributes to the ecosystem services that in turn contribute to the SGDs.5 The goal of zero hunger (SDG 2) can only be achieved by food security and improved nutrition, which will come from healthy soil. Further a sustainable use of soil can ensure good health and well-being (SGD 3) by replacing the extensive use of chemical fertilizer and pesticides with organic manure.6 The soil plays a significant role in storing, transmitting and filtering the water, a study shows 74% of freshwater which is consumed by humans comes from the soil,7 the SGD 6 calls for clean water and sanitation to achieve the protection and enhancement of soil’s ability to provide clean and sufficient water is imperative. The ability of soil to contain organic carbon results in a reduction of the amount of carbon in the atmosphere, making a significant impact on climate mitigation which directly relates the soil health to SGD 13. The SDG 15, life on land, aims at sustainably protecting the forest, combating desertification, halt the land degradation and sustainable use of territorial ecosystem which calls for the restoration of soil biodiversity.8 Therefore, the SDGs called for different domestic and international law and policy frameworks relating to the conservation of soil. On the international plane, the concern for the degraded health of soil was first addressed by the Food and Agriculture Organization (FAO) in the 21st session of the

 White et al. (2012), pp. 1–3; available at: Soil Management for Sustainable Agriculture (hindawi. com) (accessed on 11 December 2022). 5  Bouma (2014), pp. 111–120. 6   Rodrigo-Comino et  al. (2020), pp.  1–17; available at: https://journals.sagepub.com/ doi/10.1177/1178622120977491 (accessed on 10 December 2022). 7  Mekonnen and Hoekstra (2012), pp. 179–187. 8  Keesstra et al. (2016), n.3. 4

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FAO conference in 1981,9 by the adoption of the World Soil Charter. Subsequently, in 2002, the International Union of Soil Sciences (IUSS) in order to create awareness among the stakeholders on the significance of the soil as an important contributor to food, water and mitigator of biodiversity loss, proposed to celebrate 5th December as World Soil Day, to impart global significance. The UN General Assembly (UNGA), at its 68th session in 2013, under the framework of the global soil partnership marked 5th December as the “World Soil Day” and designated 2015 as “International Soil Year”. Further, under this initiative, UNGA requested the national governments to initiate and support various policies and programs which spread awareness about sustainable use of soil and strengthen the health of the soil.10 India with 18% of the world population has only 2.5% of geographical area.11Hence, it exerts heavy pressure on the limited land. This necessitates sustainable soil management. As an agrarian country, the Indian soils have been over-­ exploited in recent times with the use of excessive fertilizers to extract maximum farm output so as to meet the increased demand of food.12 The need for preservation and sustainable use of soils was acknowledged for the first time in the 11th five-year plan (2007–2012) by the Government of India. It was followed by the ambitious Soil Health Cards (SHC) program of the Government of Gujarat. Under this program farmers were getting all the information regarding soil profile, which included the status of soil nutrient and water content. They were also advised on the suitable method for the crop and specific use of fertilizer as per the analysis of their soil sample. The SHC program plays vital role when comes to the participation of community in the SSM. It identified the farmers as the primary stakeholders in the SSM so as to actively involve them in the process. This chapter aims at assessing SSM as a concept as well as in understanding the community participation in the sustainable use of soil through different governmental schemes. It explains the concept of SSM and its association with SDGs as well as elaborate upon various initiatives taken for realization of the goal of SSM. It is followed by discussion on the role played by the various stakeholders in maintaining soil health by adopting sustainability as a motto.

9  FAO (1981); available at: 21st Session of the Conference  - 1981 (fao.org) (accessed on 10 December 2022). 10  See Preamble to the United Nations General Assembly resolution 68/232 (2013); UN Doc. A/ RES/68/232 of 7 February 2014. 11  Bhaskar (2019); available at: As India hosts desertification meet, 30% of its land is already degraded | Business Standard News (business-standard.com) (accessed on 10 December 2022). 12  Bhattacharyya et al. (2015), pp. 3528–3570.

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4 SSM: International Dimension Soil plays a very important role in the providing for the existence of the human kind and to maintain the sustainable environment in general but efforts to preserve it have not been taken until very late, soil degradation and its preservation became the topic of debate in the late 1972 when the committee of ministers of the council of Europe adopted the European soil charter which professed the sustainable use of soil. In 1981, this was followed by the World Soil Charter adopted by the Food and Agriculture Organization (FAO). In 1983 United Nation Environment Program (UNEP) prepared the Environmental Guidelines for the formulation of National Soil Policies13 to promote and spread the awareness for the conservation of soil. The culture of soil was sacrificed by the excessive use of fertilizers and pesticides to intensify the production of food grain in order to meet the global demand. In order to address this, in 1985, FAO published the International Code of Conduct on the Distribution and Use of Pesticide.14 To further the objectives of protection of Alps in 1991, the Alpine Convention was adopted, which became the global instrument to address the conservation of soil under the Protocol on the Implementation of the Convention concerning the Protection of the Alps of 1991. 15 Agenda 21 remains one of the most important international instruments that indirectly advocates for the sustainable use of soils. It was adopted at the 1992 UN Conference on Environment and Development (Rio De Janeiro) that comprised issues such as deforestation, sustainable agriculture, desertification and rural development promoted the soil health.16 The soil degradation due to the loss of the biodiversity was also recognized by the 1992 Convention on Biological Diversity. The convention addressed the sustainable use of soils and emphasized on maintaining its ecological functions for the conservation of biological diversity. Another Rio instrument, the 1992 United Nations Framework Convention on Climate Change (UNFCCC) identified soils as a major reservoir of organic carbon on earth that facilitates action against climate change. However, excessive vegetation and soil erosion at the global level have become major concerns for climate change especially due to ineffectiveness of the degraded soils in containing organic carbon. The sustainable use of land for addressing global climate change was included in the 1997 Kyoto Protocol17 adopted under the UNFCCC.  Furthermore, one of the very significant actions taken at the 68th

 Olembo (1983), p. 32.  FAO (2003); International Code of Conduct on the Distribution and Use of Pesticides (fao.org) (accessed on 11 December 2022). 15  Protocol on the implementation of the Alpine Convention of 1991 in the field of soil conservation (Convention concerning the Protection of the Alps, 1994); available at: Protocol on the implementation of the Alpine Convention of 1991  in the field of soil conservation. | UNEP Law and Environment Assistance Platform (accessed on 11 December 2022). 16  Boer (2010), pp. 1–8. 17  UNFCCC (1997); available at: kpeng.pdf (unfccc.int) (accessed on 11 December 2022). 13 14

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session of the United Nations General Assembly was to earmark 5th December as the World Soil Day and designated 2015 as the International Soil Year. It requested the national governments to initiate and support various policies and programs which spread awareness about sustainable use of soil and strengthen the health of soil. Under that framework, to improve the soil governance and awareness regarding the soil functions and properties, use of technical applications was suggested under the Global Soil Partnership (GSP).18 The GSP suggested use of Geographical Information System (GIS) for preparation of global or national maps to identify different types of soils along with their properties. It provides vital tool in the SSM.19 It is apparent that these consistent efforts by the international organizations for the conservation of global soils have provide a plethora of measures for global action plans, policy initiatives, legislative tools and institutional mechanisms. However, the harsh truth of the matter is that the global instruments remain on paper in the absence of their effectuation through national policies and legislations at the domestic level. Therefore, it has become vital to galvanize and translate into action the national level initiatives to give effect to the global commitments for SSM.

5 SSM: National Approach India with 1.4 billion population and massive poverty levels, exerts heavy pressure on the limited land. It has resulted in the degradation of land by 30%.20 The excessive use of land has impacted the soil fertility and productivity. India, being the agrarian country, soils have been exploited and subjected to excessive use of fertilizers and pesticides to extract maximum farm output to meet the growing demand of food.21 The ambitious Soil Health Cards program of Government of Gujarat was the one of the important steps towards the SSM in India. Under this program, the farmers get all the required information for the health (productivity) status of their soils. The analysis of soil samples, yields the status of soil nutrients and water content along with suitable methods for the crop and use of specific fertilizers. The collected data is stored on the web-based information system to provide the national database on the health of soils. The scheme facilitates an understanding of the physical, chemical and biological attributes of soil so as to determine the health of soil. The degradation of soil and decline in fertility rate of soils has been a great concern of the Government of India. It has led to introduction of schemes such as the Integrated Watershed Management Program (IWMP) and the National Mission for Sustainable Agriculture (NMSA). The Soil Health Management (SHM) program is

 It is an initiative by FAO, where different stakeholders at national and international level come forward, with the aim of developing a global soil information system. 19  Helming et al. (2018), p. 4432. 20  Bhaskar (2019), n. 11. 21  Pittelkow et al. (2014), pp. 365–368. 18

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one of the important schemes of the NMSA. Apart from the agricultural exploitation, deforestation, improper waste management, industrial development and mining activities also remain major causes of soil degradation.

6 SSM: Role of the Judiciary The Supreme Court of India recently lifted the embargo on environmental clearance following the National Green Tribunal (NGT) order of 21st August 2018. It stated that “land and biological environment must be adequately taken care of and in such manner that spills and leaks of fuel and disposal of waste should not adversely impact on the quality of soil”. This decision was propelled by a project proponent seeking to remedy own failure. In the case of Hanuman Laxman Aroskar v. Union of India, 22 the validity of grant of EC came up due to its non-compliance and violation of soil conservation norms. In another landmark case of Indian Council of Enviro-legal Action vs. Union of India, the matter of industrial production of H acid was raised. Due to release of the highly toxic affluents, soil and water stream were poisoned. The Supreme Court ordered the closure of industrial effluents and imposed the cost by payment of damages for causing land degradation, undermining the soil quality and water contamination. 23 Even after the more than a decade of pronouncement of this judgment under the polluters pays principle, no steps were taken to restore the ecology. The litigation was kept alive by filling of interlocutory applications. The Court directed for payment of exemplary damages along with compound interest of 12% per  annum from 1997 till payment of the amount. 24 Similarly, in M.C Mehta vs. Kamal Nath, the Court invoking the public trust doctrine and the polluter pays principle for the restoration of the soil and environment. 25 As a sentinel for the environment, the role of the judiciary can be seen in multiple cases, in Deepak Kumar vs. State of Haryana, the Supreme Court raised concerns over the auction notice which permitted the mineral quarrying and extraction of alluvial material that had serious environmental impact on the stream bed and its physical habitat affecting the biodiversity of the land and the soil structure. The Court held that renewal of lease, even for a minor mineral project should be given only after getting the environmental clearance from MoEF. 26 The brick making  Hanuman Laxman Aroskar v. Union of India (2020) 12 SCC 1:2020 SSC On Line SC 41; available at: SCC Online | Login For DocumentLink (accessed on 11 December 2022). 23  Indian Council and Enviro-legal Action vs. Union of India (1996) 3 SCC 212; available at SCC Online | Login For DocumentLink (accessed on 11 December 2022). 24  Indian Council and Enviro-legal Action vs. Union of India, (2011) 8 SCC 161: 2011 SCC OnLine SC961; available at: SCC Online | Login For DocumentLink (accessed on 11 December 2022). 25  M.C Mehta vs. Kamal Nath, (2000) 6 SCC 213:2000 SCC OnLine SC 963; available at: SCC Online | Login For DocumentLink (accessed on 11 December 2022). 26  Deepak Kumar and others vs. state of Haryana and others (2012) 4 SCC 629: 2012 SCC OnLine SC 207; available at: SCC Online | Login For DocumentLink (accessed on 11 December 2022). 22

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industry also adversely affects the upper layer of soil. This issue was addressed by the Jharkhand High court, in the case of R.D.S Bricks vs. the State of Jharkhand. The Court ordered closure of the brick kiln industry that uses soil is for manufacturing of bricks and hence causes soil erosion. 27 In the case of Nirbhai Singh vs. State of Punjab, the Punjab and Haryana High Court held that industrialization and technological progress had caused a negative impact on environment resulting in soil erosion. 28

7 SSM: The Role of the Community It is in the above context that the crucial role of the community in the SSM need to be understood. As already seen, many global and national initiatives have been taken for improvement of the soil health by adopting and advocating sustainable methods that can restore the soil quality. However, the success of any policy is premised upon the involvement and support of the community including adoption of sustainable means for the conservation of ecosystem.29 To involve the community in the SSM, the United Nations Development Program launched in 1992 the Small Grant Program (SGP) that sought to provide the grant and technical support to community-based organizations for adoption of sustainable pathways. These programs were primarily guided by the project based participatory processes. These were launched in countries such as Mongolia, Gambia, Zimbabwe, Tanzania, Cuba, and Barbados. The SGP funds were employed to promote agroecology and agribusiness, sustainable forest and land management practices among local communities.30 Under this initiative, a Mongolian community-based organization Mugez was granted US$ 16, 165 in 2016. It had experience of eight years in working with the locals for producing bio-humus which generates organic fertilizers for increasing soil fertility. Mugez organized a field demonstration training in three provinces with 124 participants including forest community, livestock herder and vegetable farmers with the focus on producing the organic fertilizer with vermi-composting technology, vermi-compost is rich in water soluble nutrients and is abundant source of good bacteria and fungi which helps in plant growth and act as soil conditioner as well. After the training, all 124 participants were given sack of 10000 earthworms each in order to produce the organic fertilizer on their own. As a result of this practice, they produced 230 tons of organic fertilizers in the first year of the project  R.D.S Bricks vs. the State of Jharkhand, 2016 (4) JLJR 704; available at: https://www.legitquest. com/case/ms-rds-bricks-v-state-of-jharkhand/1B09C6 (accessed on 16 December 2021). 28  Nirbhai Singh vs. state of Punjab, ILR (2012) 2 P & H 916: 2011 SCC OnLine P&H 15414; available at: SCC Online | Login For DocumentLink (accessed on 11 December 2022). 29  Hannam (1999), pp. 95–100. 30  UNDP (2017); Community Approaches to Sustainable Land Management and Agroecology Practices | United Nations Development Programme (undp.org) (accessed on 11 December 2022). 27

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which reduced the use of mineral fertilizer by 80% along with that this practice improved the soil fertility by adopting the sustainable practices.31 In Gambia, a community-based organization Fangosoto Martketing Federation (FMF) which represented 35 different farmer group started an initiative to phase out the use of chemical fertilizers and pesticides by replacing it with the organic compost and pesticide made out of neem tree extracts which can enhance the soil productivity with harming the soil culture. This initiative of the FMF was awarded grant of US$ 20,000 in 2016 from the SGP. It provided training to 111 farmers for making organic compost from the animal waste and plant material as well as knowledge of crop residue management, crop rotation practices. By the end of fifth year of the project, nearly 8750  kg of chemical fertilizer was replaced by the organic fertilizer, increasing the soil health, biodiversity and are cost effectiveness.32 Due to geographical and climatic condition soil erosion has been a common problem that affects the fertility of soil. It was difficult to use the steep slopes of Pare Mountains in Highland District of Tanzania for cultivation. To address the problem, the SGP grant facilitated the Agricultural Improvement Programs Trust to work on a project to employ techniques for prevention of soil erosion by training the local communities. The training in terrace farming, contour ridges and tree planting led to the rehabilitation of the degraded soil. As a result, 228 hectares of land was rehabilitated.33 The Environmental Strategy of the Cuba in 2016–2020, identified soil degradation as the major environmental issue in the country. Due to unsustainable agricultural practices, major soil degradation was caused. The most affected land was the protected land of Vinales National Park situated in the Guaniguanico mountains. It has been rich in biodiversity and provided home to numerous endangered wildlife species. However, extensive and unplanned agricultural practices caused the problem of soil erosion. Under the SGP, the Vinales National Park Community Board launched a project to train the local communities for protecting the endangered species as well as spreading awareness about agroecological practices, including agroforestry system, management and control of invasive species and afforestation. As a result of active participation of community in the project, twelve hectares of farm was afforested and soil conservation in sixty-eight hectare of land was carried out.34 This project became a testament of role of the community in the SSM and management of natural resources.35 In 2011, the Caribbean Permaculture Research Institute of Barbados (CPRI) was established with the support of Ministry of Agriculture, food, fisheries and water resources and the SGP grant. It aimed at addressing the chronic issue of land degradation in the region. The work entailed facilitating and training the permaculture

 Ibid, pp. 10–16.  Ibid, pp. 18–20. 33  Ibid, p. 30. 34  Ibid, p. 28. 35  Ibid, pp. 34–35. 31 32

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designers and skilled people about the aspects of the permaculture including food, land system, social and community system etc. With the help of CPRI, a six-hectare land was conserved that also led to positive impact on the policies of the Government of Barbados.36 In case of India, the protection of environment, an emphasis has been given on the participation of different stakeholders. The Constitution of India under Article 51-A (g) (Part IVA) recognizes the protection and improvement of environment as fundamental duty of every citizen of India. It was further emphasized in many of the judicial decisions by invoking different principles such as polluter pays, precautionary principal and public trust doctrine for the protection and conservation of environment. In this respect people remain as primary stakeholders in the conservation and degradation of environment. The conservation of the soil and SSM ultimately depends upon the attitude and willingness of the community to accept ecological values of sustainable land use. It can be supported and facilitated by adoption of relevant policies and legislations for the management of soils. One important socio-economic factor in the participation of community in the SSM the perception of different activities (farming, mining, industry based) that are directly linked to the overarching goal for the protection of environment. As already mentioned, SHM is the major initiative for the conservation of soils. It comprises the system of soil testing that plays crucial role in assessing the soil quality, amount of nutrients, capacity of water retention that determine the suitability of soil for the cultivation of a specific crop. It may result in high productivity without affecting the health of soil.37 The SHC program aims to improve knowledge on sustainable soil health. Under this scheme the physical, chemical and biological attributes of soil is tested to determine the health of soil.38 This program spreads awareness and engage the farmer in the process of sustainable use of soils. It will also increase the productivity and fertility of their land. As on 10 December 2022, out of total 583,564 samples entered, 101,124 cards were printed for the 1,191,182 farmers entered.39 A report of the National Productivity Council, indicates that after the implementation of this SHC scheme, use of fertilizer decreased by 10% nationwide.40 By the different case studies,41 that are discussed above it is clear that though community plays an important role in the SSM and use of natural resources. However, their participation would be effective if they have adequate knowledge and required training. This

 Ibid, p. 44.  National Mission for Sustainable Agriculture (2014); available at: Final_guidelines_1.pdf (agricoop.nic.in) (accessed on 11 December 2022). 38   Soil Health Card (2022); available at: Soil Health Card (dac.gov.in) (accessed on 12 December 2021). 39  Reddy (2019), pp. 124–156. 40  Reddy (2017); MergedFile (manage.gov.in) (accessed on 11 December 2022). 41  UNDP (2017), n. 30, pp. 10–16. 36 37

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needs to be emphasized in any policy or scheme that is prepared with the aim of conservation and sustainable use of natural resources in this case that is soil.

8 Conclusion The soil health is essential for productivity and sustenance in the ecosystem. It plays a key role in the maintaining the carbon cycle. Its non-renewal resource that is home to a number of micro-organisms, mineral nutrient. However, due to increasing pressure of growing population and intensified demand for food production, the soil is being used beyond its physical and ecological capacity. It has severely degraded the health and quality of soil. Hence, SSM is essential for giving effect to a number of SDGs. Though none of the SDGs directly address the SSM, yet soil provides key contribution to the ecosystem services. It, in turn, contribute in the SGDs. India, being the agrarian country, has exploited the soil by using the excessive fertilizer in order to increase the farm output to meet the increased demands of food. The concept of conservation over exploitation need to prevail. The SHC program has played an important in the community participation for the SSM. It has identified farmers as the primary stakeholders in the SSM. The success of initiatives such as SHC, greatly depends upon an active participation of community at all levels. In actual practice, any law with the objective of conservation of soil and protection of environment will always depend upon the attitude of community. It is truism to realize that conservation and sustainable use is a continuous process that requires an active involvement of the community stakeholders.

References Bhaskar T (2019) As India hosts desertification meet, 30% of its land is already degraded. Business Standard, 2 September 2019 Bhattacharyya R et  al (2015) Soil degradation in India: challenges and potential solution. Sustainability 7(4):3528–3570 Boer B (2010) Law for sustainable soils: international and national aspects. GlasnikSrpskogGeografskogDrustva 90(4):1–8 Bouma J (2014) Soil science contributions towards sustainable development goals and their implementation: linking soil function with ecosystem services. J Plant Nutr Soil Sci 177(2):111–120 FAO (1981) Report of the Conference of FAO. 21st Session, 7-25 November, 1981, Rome FAO (2003) International Code of Conduct on the Distribution and Use of Pesticides, adopted by the Hundred and Twenty-third Session of the FAO Council in November 2002, Rome, 2003 FAO (2015) Global Soil Partnership-World Soil Charter. 39th Session, 6–13 June, 2015, Rome Hannam I (1999) Ecologically sustainable soil: the role of environmental policy and legislation. In: Sustaining the Global Farm, Selected Papers from the 10th International Soil Conservation Organization Meeting, pp 95–100 Helming K et al (2018) Assessment and governance of sustainable soil management. Sustainability 10(12):4432

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Keesstra SD et al (2016) The significance of soils and soil science towards realization of the United Nations Sustainable Development Goals. SOIL 2(2):111–128 Mekonnen MM, Hoekstra AY (2012) The blue water footprint of electricity from hydropower. Hydrol Earth Syst Sci 16(1):179–187 National Mission for Sustainable Agriculture (2014) Department of Agriculture & Cooperation Ministry of Agriculture Government of India Olembo RJ (1983) Formulation of national soil policies. United Nations Environment Programme, and Food and Agriculture Organization of the United Nations, p 32 Pittelkow CM et al (2014) Productivity limits and potentials of the principles of conservation agriculture. Nature 517(7534):365–368 Reddy AA (2017) Impact study of soil health card scheme. National Institute of Agricultural Extension Management, Hyderabad Reddy AA (2019) The soil health card scheme in India: lessons learned and challenges for replication in other developing countries. J Natl Res Policy Res 9(2):124–156 Rodrigo-Comino J et al (2020) Soil science challenges in a new era: a transdisciplinary overview of relevant topics. Air Soil Water Res 13:1–17 Soil Health Card (2022) State Wise samples registered by CSC users-Count UNDP (2017) Community Approaches to Sustainable Land Management and Agroecology Practices (Authors: Charles Nyandiga and Ana Maria Currea). UNDP, New York UNFCCC (1997) Kyoto Protocol to the United Nations Framework Convention on Climate Change, 1998, Kyoto White PJ et al (2012) Soil management for sustainable agriculture. Appl Environ Soil Sci 2012:1–3

Part IV

Perspectives

Land Use Planning as a Necessity Vivek Vyas

Abstract  Land conflicts in India are increasing; Most of the conflicts are over changing land ownership, land acquisition and conversion of public/government-­ owned lands for various purposes related to urbanization and other development projects. It is high time India revives its efforts to have a land-use policy. This chapter outlines trends and issues of adverse land-use change in India mainly in the form of privatization and distribution of government-owned lands i.e. wastelands and common property resources—(hereafter referred to as CPRs) and increasing conversion of agricultural lands for non-agricultural purposes. It also analyses the steps taken in the past to improve land administration, current system of planning related to land use in India, India’s participation in the UNCCD, the concept of Land Degradation Neutrality and history of India’s efforts to have a land-use policy. Finally, the paper ends with summarizing the various land-use perspectives for India. Keywords  Land use planning · Land conflicts · Land degradation neutrality · Common property resources · Agricultural lands

1 Introduction Land use is considered by many as a major driver of climate change and, therefore a major area of focus for policy planners in the developed countries in Europe and the Americas. However, in the case of India, contested claims on land and conversion of the land use have also led to numerous violent conflicts (for example, during land acquisition by the government for industrial zones). As per various studies conducted by the Rights and Resource Initiative and Society for the Promotion of Wasteland Development, there have been rising cases of conflicts over land and V. Vyas (*) National Consultant for UNCCD - Land Degradation Neutrality Target Setting Process, Ministry of Environment, Forests and Climate Change, New Delhi, India © The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 B. H. Desai (ed.), Soil Law and Governance in India, International Yearbook of Soil Law and Policy, https://doi.org/10.1007/978-3-031-32360-7_9

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close to 130 out of the total 610 districts of the country have seen land-related conflicts in the past 10 years. An estimated 10,000 armed fighters and 40,000 protesters have been involved in these conflicts.1 Some of the major land related conflicts2 in the recent past have been witnessed in Nandigram (to oppose a chemical hub project), Singur (to oppose setting up a car manufacturing facility), anti-SEZ agitation in Goa and Andhra Pradesh etc. As per the Draft Land Utilization policy prepared by GIZ in collaboration with the Department of Land Reforms, Ministry of Rural Development, Government of India, Land Utilization in India underwent significant changes between the years 1950/51 and 2007/08. As per the report “Competing and conflicting land uses are a major concern,” and that the country has not been able to optimize land uses while triggering many conflicts.3 If we club the forest areas with the common lands, we are talking about approximately 40% of India’s land resources which is in state control and on which one third of the population (Tribals and other forest dwelling communities are directly dependent). Therefore, diversion of these lands has been one of the key reasons for these conflicts. Quoting from the draft land utilization policy “Numerous developmental activities demand land and in the process of progression of development, land use changes take place with time. During the period 1950–1951 to 2007–2008, the net sown areas in the country have increased from 41.8% to 46.1%. and the areas under non-­ agriculture uses, which include industrial complexes, transport network, mining, heritage sites, water bodies and urban and rural settlements has increased from 3.3% to 8.5%. These increases of land use as above have led to reduction of land use elsewhere.” The report further goes on to substantiate this phenomenon of common land diversion into industrialization and urbanization through some interesting data as follows. “During the same period (1950-51 to 2007-08), the “other areas” that include barren & un-cultivable land, other uncultivated land excluding fallow land and fallow lands have drastically decreased by nearly half from 40.7% to 22.6%.”4

2 Growing Land Requirement As per the Draft Land Utilization policy “The mining areas are about 0.17% of total land of India, the urban areas are about 2.35% and the industrial areas are much less than 1%”.5 However, the lands under these uses will only increase with time. Also, as per studies conducted by Rights and Resources Institute cited in the article by 1  Shrivastava (2012); available at: Land unrest set to increase in India: study (downtoearth.org.in) (accessed on 12 October 2022). 2  ACLED (2015); Land Conflicts in India (acleddata.com) (accessed on 12 December 2022). 3  Mahapatra (2013); available at: http://www.downtoearth.org.in/news/land-use-policy-for-thecountry-on-anvil-42047 (accessed on 12 December 2022). 4  Department of Land Reforms (2013). 5  Ibid.

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Fig. 1  Trends of Land-use Change in India (Ibid)

Shrivastava6 “Total 1,729.3 sq km additional land will be acquired for mining in the next 15 years. Right now, 2,383.7 sq km land is under mining. Infrastructure projects such as roads, settlements, dams and special economic zones will need 10,387.4 sq km additional land. Currently they occupy 10,915 sq km.” This increase in demand for land will require land to be diverted from other uses like Agriculture or Forests. The draft land utilization policy further illustrates the adverse impact of the agriculture land being used for non-agriculture purposes resulting in shrinkage in per capita landholding sizes. As per 2018–2019 statistics, the total agricultural land was 180,8887 thousand hectares. It comprised culturable wasteland, land under misc. tree crops, fallow land other than current fallows, current fallow and net area sown.

3 Trends and Issues of Adverse Land Use Change in India Land-use in India can be divided into mainly two segments: (i) Privately owned Lands. (comprising agriculture and non-agriculture lands) and (ii) Government or Common Lands. If we look at the current trends of change in Land-use in the country as also illustrated in Fig. 18 it can again be understood in the following manner: (i) Conversion of Agriculture land for non-agriculture purposes (ii) Government lands are being diverted, allotted and encroached upon to convert into Private land.

 Shrivastava (2012); available at: Land unrest set to increase in India: study (downtoearth.org.in) (accessed on 12 December 2022). 7   Government of India (2021), p. v; available at: LAND-USE-STATISTICS-AT-AGLANCE-2009-10-to-2018-19-1.pdf (desagri.gov.in) (accessed on 12 December 2022). 8  Seva Mandir (2008). 6

190 Table 1  Land categories and ownership related to common property resources

V. Vyas Land Category Cultivable Wastes Common Pastures and Grazing land Barren, uncultivable and other government lands Protected and Unclassified Forests Reserve Forests

Ownership Revenue Department Panchayats Revenue Department Panchayats Forest Department

3.1 Conversion of Agriculture Land into Non-Agriculture Purposes Some of the major reasons for the conversion of agricultural land include the changing aspirations of the people and the resulting disenchantment towards agriculture. Agriculture has become increasingly less viable and profitable over a period of time for the farming community. This phenomenon coupled with the better employment opportunities from other sectors of the economy, has further led to sale of lands to the industry as shown in Fig. 1. On the other hand, it is also triggered by the changing market dynamics and land prices. However sometimes land-use conversion can also be involuntary when it is acquired by the government through the archaic Land Acquisition Act 1894 or by the private sector through land purchases. Such processes have led to increasing Marginalization, tribal land alienation and displacement of other groups. Finally, industrialization and urbanization have placed enormous demand on peri-urban lands leading to exorbitant surge in land prices.

3.2 Privatisation and Distribution of Government Owned Lands/Wastelands and Common Property Resources  Non-forest common pool resources in India in 1990–1991 were 48.69 million hectares, which is 14.81% of the total land area. Common Property Resources (CPRs) in India have been considered critical for their role in the Livelihoods of the poor and for rendering ecological services (NSSO, 1998). CPRs in India consist of both De Jure common lands like Pasture lands and De Facto common lands like Barren & Uncultivable lands and Revenue Wastelands as mentioned in Table 1 below. Over a period of time, these CPRs have been subject to mismanagement and substantial shrinkage due to problems of encroachments, allotments and diversions as also shown in Table 2. Some of the major issues with management of Government owned Lands/CPRs include the following:9  Ibid.

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Table 2  Trends about CPRs (Longitudinal Changes) During 22 Years in Rajasthan (Between 1984 to 2006)a • Increase in Forest Area due to Surveys and Settlements (Forest – 504,587 ha./+23.01%) • Decrease in Pasturelands and De Facto Commons. (Permanent Pastures – 147,848 ha./ (−7.98%)), (Misc. Tree Crops & Groves – 8,444 ha./(−29.56%)) • Increase in the area under non-agriculture uses (Area under Non-Ag uses – 335,168 ha./+22.35%) possibly due to Diversions/Urbanization • Slight Decrease in Barren and Uncultivable Lands (Barren/Uncultivable – 439,436 ha./ (−15.33%)) • Huge decrease in the Cultivable Wastelands. (Cultivable Wastelands – 1,442,342 ha./ (−23.83%) a

Figures for calculation taken from Statistical Abstract of Rajasthan 1984 and 2006

(i) Reduction in de jure CPRs—Diversions, Allotments, Encroachments (ii) Shrinkage in de facto CPRs—Reduced Productivity, Highly degraded, Over-exploitation (iii) Failure of institutional arrangements—Absence of proper usage regulations (iv) Poor land administration—The custodian and enforcer of land is the same leading to corruption, Political and Populist pressure (v) Absence of a long-term perspective. As evident in Table 2 below, there have been major changes in the status of Common Property Resources in Rajasthan. The case of Rajasthan is being highlighted wherein the Pasturelands, Barren Uncultivable Lands and Cultivable Wastelands have been diverted to other land-uses. Increase in Non-Agricultural Uses is one of the major trends seen in Rajasthan. The trends across other regions in the country is almost similar. This misappropriation and adverse distribution of land-use over a period of time has happened mainly due to the difference in ownership and perspectives about the various land-use categories constituting CPRs. While some of these state-owned lands have been considered as designated common lands, others are termed as wastelands and are being treated as land banks and distributed haphazardly for conversion into agriculture or other development purposes. This has led to improper land use i.e. conversion of land use into a land use not fitting the land capability. Besides, this has also negatively impacted the livelihoods of the people dependent upon these Common Property Resources and led to substantial ecological damage.

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4 India Needs to Have a Land-Use Policy 4.1 Political and Economic Forces Towards Land Use10 There is an urgent need for a long-term national perspective/framework on Land Use. Currently amongst the development planners in the country there is a conflict between (i) Conservationist school of thought (that wants to protect and renew ecology) and (ii) Populist school of thought (which wants Land to be distributed). The bigger clash of world views over land and society has an inherent conflict on the two paradigms of development i.e. (i) Externally dependent - Economic liberalization and land-centred patronage (ii) Autonomy Driven -  State to enable local communities and voluntary organizations to work towards alternate paradigm of development (which also tries to balance the global and local claims on land-use). In view this, India faces some questions concerning the land-use planning as follows: (i) Is there a need for better Land-use planning especially for the shrinking CPRs to counter threats posed by encroachments, allotments and diversions? (ii) How can we do better planning with a long-term livelihoods and ecological perspective for their optimal use and maintenance in the future? (iii) What kinds of strategies can be applied for more efficient planning of land use so as to minimize the adverse impact of the above-mentioned activities of encroachment, allotments and diversions? What kind of strategies and general decision parameters for land use planning can be devised for the problem at a wider policy level?

5 Land Use Policy: History and the Current System of Planning 5.1 The Current System of Planning Administrative Planning System includes the three-tier system of governance including the Union List, State list and the Concurrent List. Land is a subject in the state list in India, therefore the laws for land regulations are made at the state level (second tier). Third tier of governance came into being after the 73rd Amendment/74th Amendment which led to the creation of local self-governing bodies in the Rural areas/Urban areas. District Planning Committees are assigned the task to integrate their plans. The Functional Planning System comprises of domain wise policies like the National Water Policy 2013, National Commission on Agriculture 1976, National Agricultural Policy 2000, Indian Forest Act 1980, National Forest Policy 10

 Seva Mandir (2008), n. 9.

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1988, National Livestock Policy Perspective 1996, National Policy and Macro-level Strategy and Action Plan on Biodiversity 2000 etc.11 Process of Planning and Land Use Diversion in India presently lacks convergence as there are independent bodies and acts making decisions regarding land related issues. For e.g. Ministries of Rural Development and Ministry of Agriculture for NREGS and Agriculture, Ministry of Industries for special economic zones (SEZs), Ministry of Mines with its procedures for clearances, Ministry of Environment, Forests and Climate Change (MOEFCC) with the Forest Conservation Act 1980, Environment (Protection) Act, 1986. There are also other plans by MOEFCC like the “Eco Sensitive Zones”, Zonal Master Plans, etc.12

5.2 Steps Taken towards having a Land Use Policy The Department of Land Resources under the MoRD is the principal body responsible for land related policy formulation. Off late it has come up with various programs like the National Land Record Modernization Program (NLRMP). State Land Use Boards were formed in the 1980s for facilitating land use planning and were part of a ‘National Land Use and Wasteland Development Council’ created under the chairmanship of the prime minister. But most of these SLUBs fell defunct. The agriculture ministry came up with the National Land Use Policy Guidelines 1988 on similar lines and was approved by Shri Rajiv Gandhi, the then prime minister (Mahapatra 2013). However, land being a state subject, not much response was received from the state governments and it was relegated to the cold basket. In 2007, the National Policy for Farmers was formulated. During the Advocacy campaigns led by the advocacy group Ekta Parishad, a “Committee on State Agrarian Relations and the Unfinished Task of Land Reforms” was formed in 2008 with eminent land administration experts and NGOs as members. This committee was reporting to the Land Reforms Council under the Chairmanship of the  Prime Minister. Another campaign led to the formation of National Task Force on Land Reforms and a draft National Land Reforms Policy was prepared in 2013. Subsequently, GIZ and DOLR partnered to author the draft National Land Utilization Policy 2013 which was piloted by GIZ and DOLR later on. Further in 2018, at the behest of Ministry of Agriculture and Farmer Welfare, the NAAS (National Academy of Agricultural Sciences) came up with a draft “Soil and land use policy”.

11 12

 Department of Land Reforms (2013), n. 5.  Ibid.

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5.3 Quality of Land and the Concept of Land Degradation Neutrality Not just the land use but also the land quality and its fitness for supporting vegetation i.e. agriculture and forestry is critical. India is a member of the UNCCD (United Nations Convention to Combat Desertification). UNCCD is one of the three Rio conventions which were the outputs of the 1992 Earth Summit in Brazil, the other two being UNFCCC (UN Convention for Climate Change) and CBD (Convention on Biodiversity). The framework currently being used by UNCCD has graduated from combating desertification to achieving Land Degradation Neutrality. India hosted the Conference of Parties of UNCCD in 2019 and also declared its baseline as 29.32% degradation out of the total land area of the country (Status of land Degradation in 2019). The target set by India for itself is to recover 26 million hectares of land by the year 2030 out of the total currently degraded area of 96.4 million hectares in India.

6 Way Forward According to the draft policy by GIZ, the country can be divided into six types of land use zones based on predominant land use. Each zone can have own development plans according to this land use pattern. These areas would further be divided into protected, regulatory, reserved and guided development areas. The policy also suggests state level land utilization policies to be made.13

6.1 Possible Land-Use Planning Approaches Further the process of land use planning as a participatory and iterative process can be applied at two stages. Firstly, to analyze the impact of the changes in land use on the environment (when there are some new changes proposed)  —  Tools like Strategic Environment Assessment can be used. Secondly, to plan for its future optimal use at the present stage. This can be done using a participatory approach to define land use parcel-wise based on the land quality and capability to support the proposed land use and also based on the biomass requirements of the population dependent upon it.14 Some of the main recommendations of the “Committee on State Agrarian Relations and Unfinished Task of Land Reforms15 include the need for having a  Mahapatra (2013), n. 4.  GIZ edited by Wehrmann (2011). 15  Seva Mandir (2008), n. 9. 13 14

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long-term road map for land use planning. This would require defining Common Property Resources at the national level. Conservation of Common Property Resources can only be done by having a regional level focus on land-use planning. Therefore, the State Land Use Boards which are defunct need to be rejuvenated.  There is also an urgent need to keep a track of the extent of CPRs, mandating ecological zoning and a minimum percentage of CPRs at the village level, keeping in view the biomass requirements and the human and livestock population. Before any changes or diversion of land use, exercises like EIAs (Environment Impact Assessment), CIAs, SEAs (Strategic Environment Assessment) should be conducted at the state level. The land use in India is not just misappropriated but also mismanaged. Qualitatively a huge chunk of India’s land is degraded. As per GIZ policy paper16 “Degradation of soils and land due to soil erosion and other degradation processes is a severe problem in many regions in India. As per available estimates (2010), total degraded land in the country is about 120.40 million Ha.” In order to improve the quality of land especially CPRs, there should be development plans prepared at the village level and responsibilities for implementation of such plans should be vested with the concerned institutions. Also there is an urgent need to discourage unfavourable land-use conversions through encroachments or allotments and resolving disputes related to CPRs and Forests on a time-bound basis. Finally, the need of the hour is better overall land administration and convergence between various government agencies like revenue, forest, agriculture, etc. towards integrated and participatory land use planning.

7 Conclusion There is an urgent need for a land use prioritization regime that is able to cover the four overarching concerns and claims on land: (i) Ecological Concerns: Concerns relating to having a bare minimum area under green cover to render the ecosystem services. (ii) Food Production Concerns: A certain amount of land should be devoted to agriculture purpose which should not be diverted for any other purposes till the productivity of existing agriculture land in the country is not  good enough. (iii) Livelihood Concerns: Apart from the mainstream society’s way of life, the tribal and pastoralists way of life is critical and needs to be conserved at all costs. Their bona-fide livelihood needs comprise of grazing, collection of forest produce and other communal purposes. They are critically dependent upon the common lands to meet these needs. Thus, given the above concerns and constraints, the allocation of land for the industrial and development purposes needs to be done judiciously.

16

 Department of Land Reforms (2013), n. 5.

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References ACLED (2015) Land conflicts in India. 15 September 2015 Department of Land Reforms (2013) Draft National Land Utilisation Policy. New Delhi Government of India (2021) Land Use Statistics at a Glance 2009–2010 to 2018–2019. Directorate of Economics & Statistics, Ministry of Agriculture and Farmers Welfare, p v Mahapatra R (2013) Land use policy for the country on anvil. Down To Earth, 30 August 2013 NSSO (1998) Report No. 452: Common Property Resources in India, NSS 54th Round, Government of India Seva Mandir (2008) Report of Sub-Group VI of the “Committee on State Agrarian Relations and the Unfinished task of Land Reforms”. Ministry of Rural Development, Department of Land Reforms. Government of India, New Delhi Shrivastava KS (2012) Land unrest set to increase in India: study. 17 December 2012 Wehrmann B (2011) Land use planning, concept, tools and applications. GIZ, Eschborn/Germany

Soil Protection Through Watershed Development: A Grassroots Perspective Crispino Lobo

Abstract  Without soil, life as we know it, would not exist. Living soils have made possible human civilisations. And, it takes hundreds to thousands of years to create even one inch of top soil. Due to anthropogenic and climatic factors, soils, especially in dryland regions (40% globally and 70% of India), are under serious threat of accelerated degradation and desertification. In India, 80% of the land mass is considered highly vulnerable to drought, floods and cyclones and 30% estimated as seriously degraded. Degradation of soil and desertification can be arrested and even reversed. It involves implementing and sustaining an integrated and complementary set of technical, social, management and governance measures in a specific landscape or watershed that, while addressing environmental and human needs, also conserves and enhances the productivity of natural resources, especially that of water and soil. Such an intervention is commonly referred to as integrated watershed rehabilitation or development. For such an effort to be successful, the active involvement and participation of local communities, living in or dependent upon the natural resources in the area, in all aspects—planning, implementation and management of assets and institutions created—is essential. This article describes the experience and impacts of community-led watershed development as well as the conditions that are necessary for such an effort to become successful. It also outlines the conditions that catalyse, drive and sustain “success” at the local level as well as catalyse large-scale upscaling and replication. A striking example of successful up-­ scaling is the Indo-German Watershed Development Program in Maharashtra which is analysed in detail. Keywords  Soil protection · Soil degradation · Watershed development

C. Lobo (*) Watershed Organization Trust (WOTR), Pune, India © The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 B. H. Desai (ed.), Soil Law and Governance in India, International Yearbook of Soil Law and Policy, https://doi.org/10.1007/978-3-031-32360-7_10

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1 Introduction Soil matters, even though we rarely think of it and often refer to it as “dirt”. Without soil, life as we know it, would not exist. And, it takes hundreds to thousands of years to create even one inch of top soil. Without soils, forest ecosystems and agriculture would not have happened and the story of human kind, if any, would have been very unlike what has evolved. Living soils have made possible human civilisations. However, this foundation of our civilizational journey is now at serious risk across wide swathes of our planet, especially in developing countries, notably, South Asia. Due to anthropogenic and climatic factors, soils, especially in dryland regions (40% globally and 70% of India), are under serious threat of accelerated degradation and desertification. In India, 80% of the land mass is considered highly vulnerable to drought, floods, cyclones and climate change and 30% is estimated as seriously degraded. When one considers that 4.2 billion people (53% of the world’s population),1 most of whom are poor, still depend on soil-enabled agriculture and forests for sustenance and livelihoods (55–60% in India), the consequences of land and soil becoming unproductive and “dead” would be catastrophic. The human, environmental, social and political costs of such a disaster would be incalculable: desertification, large-scale pauperisation and migration of populations, horrendous human suffering, conflicts and wars, social tensions and economic breakdowns in the affected regions. By way of illustration, the annual economic loss due to land degradation/land use change in India was estimated by the Ministry of Environment and Climate Change at $46.90 billion in 2014–15 which is 2.5% of the country’s GDP in 2014–15.2

2 Soils, People and Watersheds: Reversing Soil Degradation The good news, however, is that degradation of soil and desertification can be arrested and even reversed, especially in rural areas where soils are extensive and soil health matters most. It involves implementing and sustaining an integrated and complementary set of technical, social, management and governance measures in a specific landscape or watershed that not only address human needs but also conserve and enhance the productivity of natural resources, especially that of water and soil. Such a suite of interventions is commonly referred to as integrated watershed development (we shall henceforth refer to these as WSD).

 Convention on Biological Diversity (CBD); Home | Convention on Biological Diversity (cbd.int) (for agriculture) and Centre for International Forestry Research (CIFOR); Facts & Figures | Center for International Forestry Research (cifor.org) (for forests) (accessed on 18 December 2022). 2  Tripathy (2018), Land Degraded In India Equivalent Of Rajasthan, MP And Maharashtra Put Together, $47Bn Loss (indiaspend.com) (accessed on 18 December 2022). 1

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Person living in rural landscapes, essentially live in watersheds. A watershed is basically a geographic area which channels the rain falling on it into rills, rivulets, streams which drain into rivers—it is the catchment area of a stream, drainage or river system. The size of a watershed can range from a few hectares (the size of a habitation or village, referred to as a micro-watershed) to millions of hectares (such as a river basin, referred to as a macro-watershed), depending upon where one is viewing it from. If one stands in the middle or on the banks of a stream or river, the area above this point that feeds water into the stream or river is the catchment or watershed of that particular stream or river up to that point. And so, there can be many watersheds in a specific geography or landscape, each channelling rainwater into different water channels and even in different directions. The watershed provides the basis, the provenance, as it were, of life and livelihoods for rural communities. The environment and ecosystems in the watershed provide water, food, fibre, fertilisers and nutrients, fuel, timber, pollination and many other services. A robust ecosystem results in a wide range of environmental services which enhance well-being and quality of life. And, the foundation of all these environmental services is soil.

3 Rain, Landscapes and Watershed Development Landscapes, ecosystems, water and the human communities dependent on these, together, make a watershed with water being the “connector” between these. So, protecting, developing and managing a watershed means, firstly, harvesting rain wherever it falls, across landscapes and catchments. This is done by slowing the speed of running water, impounding it on the surface and allowing it to percolate into the soil and ground water aquifers. Secondly, by undertaking in-situ soil conservation measures that reduce erosion, improve soil structure and soil organic carbon and enhance soil biota. This approach was described by the author of this paper in an article published by the National Geographic magazine as follows: “Where the rain runs, we make it walk; where it walks, we make it crawl; were it crawls, we make it sink into the ground”.3 Both these aspects are closely interrelated, one building on and feeding into the other. Rainfall runoff, if unimpeded, dislodges and washes off soil and nutrients, accelerates erosion, degrades the health of soils and landscapes and can cause flooding. Moreover, in dry regions or where rainfall is seasonal, it is necessary to control and harvest this runoff to prevent floods and ensure adequate year-round water for local communities. Soil conservation measures across landscapes and water harvesting structures along water courses help regulate runoff velocity, reduce soil

 National Geographic Magazine (2009), p.  118; A Harvest of Water (nationalgeographic.com) (accessed on 18 December 2022). 3

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erosion, facilitate in-situ water conservation and surface water impounding, replenish soil moisture and recharge the ground water table. Since rainwater flows from the upper to the lower reaches, from steeper to gentler slopes, from the hills down to the valleys and plains, proper watershed development requires that implemented measures adopt a “ridge-to-valley” approach to be effective. This means that one must begin planning and working from the upper catchments in the watershed and work one’s way downwards into the lower catchments or valleys of the watershed—from the upper slopes downwards. These soil and water conservation (SWC) works include mechanical, hydraulic and vegetative measures as well as changes to the way land resources are used and managed. Beginning from the upper slopes down to valleys and flat lands, across the landscape and against the prevalent slope of the land, a series of area treatment measures such as Water Absorption trenches (WATs), Continuous Contour Trenches (CCT), Staggered Contour Trenches (SCTs), Stone Bunds (STs), Contour Stone Bunds (CSBs), Farm and Compartment Bunds (F/CBs) are erected. These are further strengthened by planting grasses and other vegetation on them and complemented by planting of shrubs and trees, and protecting and raising forests and pastures, wherever feasible. These treatments help control soil erosion, break the velocity of running rainwater, impound water in-situ, increase infiltration into the soil and ground water aquifers, enhance soil organic carbon and improve soil structure. This, in turn, ensures that loss of soil nutrients is reduced, the soil moisture regime improves, the ground water table rises and water availability enhanced, all of which increase microbial activity as well as the local flora and fauna. Along the water ways and drainage channels (rills, rivulets, streams and rivers), a series of soil trapping, water harvesting and impounding structures such as Gully Plugs (GPs), Brushwood Dams (BDs), Gabions, Earthen Nalla Bunds (ENBs), Masonry Check Dams (MCDs), Weirs and percolation tanks are built. These act as run-off barriers further slowing down running water, allowing retrieval of eroded soil, silt and flood control, augmenting ground water recharge and increasing surface water capture and storage.

4 The Community, Sustainability and Equity While these physical measures form the core of watershed treatments, from the viewpoint of the local community, the more important issues are that of economic benefits, sustainability, and equity. This brings into focus the issue of livelihoods (agriculture, allied activities, fisheries, forests and nature-based activities are a major source of income and sustenance), resource use efficiency (especially water and soil) and access, use and entitlement to common property resources. How these issues are addressed will determine the “success” of the watershed effort over time, that is, the overall productivity of the watershed, distribution of and access to benefits, management and maintenance of the created assets (physical treatments undertaken) and period over which WSD-related benefits will continue

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to accrue. Thus, for WSD to deliver its full potential and promise, we need to look not only at regenerating the local environment through in-situ soil conservation and harvesting of rain water (the “supply side”), but also how equitably and efficiently water and other nature-based resources are accessed and utilised (the “demand side” of the equation). Both these aspects must be considered when planning and implementing watershed measures in order to obtain sustainable and equitable outcomes. For such an effort to be successful, the active involvement and participation of local communities in all aspects—planning, implementation, management, governance and maintenance of assets and institutions created—is essential. This is so, because, unless the measures outlined above are undertaken in a technically sound manner (i.e. across the slope, along the contours of the land and at appropriate locations), the expected benefits will not materialise and, in fact, may even cause damage and losses. For example, if contour trenches are not done properly, they can cause increased erosion and damage to crops and farmlands. They must be dug on contour lines4 which meander across the slope of the land inevitably cutting across field boundaries of different land owners. Further, since safe conveyance of surplus or impounded water in fields is necessary to ensure that waterlogging (and damage to standing crops, etc.) doesn’t occur, channels and water ways which cut across fields, have to be dug to drain out this water into nearby steams. Similarly, an ill-­ placed or wrongly built weir can cause flooding of adjacent and downstream lands and also damage the stream ecosystem. Given sensitivities involved in undertaking measures and arrangements that cut across land holdings and affect tenurial and use rights, such inter-connected measures in a private property regime can only be undertaken with the active participation and consensus of all key stakeholders in the watershed. The various stakeholders (individuals, social and economic groups, local institutions/bodies), have their own interests, ownership and use claims on resources in the watershed. These have to be aligned with conditions that enable “successful” watershed development through dialogue, compromise, benefit sharing, setting up of inclusive and representative institutions, and establishing fair and transparent mechanisms to manage the effort, ensure compliance with agreed-upon rules and agreements and maintain created assets and structures in the post implementation period. Particular attention must be paid when developing common property resources (pastures, water bodies, forests, etc.) in order to safeguard the interests of the poor, the landless, livestock rearers and those dependent on the commons.

 Contour lines are lines connecting points of equal elevation. They show the topography of a landscape—elevation, shape and slope of the land/terrain. 4

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5 Community-led Watershed Development: Impacts and Benefits The impacts and benefits of community-managed watershed and landscape development have been extensively documented, especially in rainfed, dryland regions of India. An assessment study undertaken by the Watershed Organisation Trust (WOTR), an NGO,5 which implemented watershed development measures in 15 rainfed and drought-prone villages (combined population of 2851 households and 13,929 people) in the Ahmednagar district, a region considered as economically backward, revealed the following: Within a short span of 4–5 years of project intervention, on average, area under water bodies had increased by 20%, seasonally irrigated area by 25% and gross cultivated area by 80%. Importantly, annual household agricultural and “other”6 income had increased by 2.6 times and 1.9 times, respectively, leading to a marked reduction in indebted households by 47% and an increase in construction of cement house dwellings by 89%. Prior to the watershed effort, only 39 households were able to afford LPG (natural gas) for cooking purposes; this figure rose to 592 households (an increase of 1418%). These indicators clearly point to a rising trend of economic advancement and a notable improvement in the quality of life of the people living in these impacted watersheds.7 A detailed economic study8 that included both market and non-market benefits across a 15 year time frame (1998–2012)conducted by the World Resources Institute (WRI) of a treated watershed—Kumbharwadi—in a drought prone region of Maharashtra estimated a Net Present Value (NPV) ranging from $5.07 million to $7.43 million which equates to benefits of $5573 to $8172 per hectare treated or $29,650 to $43,479 for each of Kumbharwadi’s 171 households.9 The benefit-cost ratio (BC) ranges from 2.28 to 3.76. The other studies referred to in this study have assessed BC ratios ranging from 1.93 up to 8.56 depending upon local conditions and an IRR of 22%. It is thus clear, that undertaking soil and water conservation measures from a ridge-to-valley approach through community participation not only results in regeneration of landscapes, catchments and watersheds but also significant social and economic benefits to the local community and users of these resources. The process itself, of community mobilisation and organising land owners and users of common

 WOTR, The Forum, Pune-Satara Road, Pune; Most Trusted Watershed Projects in Maharashtra | WOTR (accessed on 18 December 2022). 6  Income from agriculture labour, non-agriculture labour, wage labour and other jobs. 7  WOTR (2020), Regeneration of Natural Resources through Integrated and Participatory Watershed Development in Akole and Sangamner Block of Ahmednagar District- Year 2019-20: Impact Assessment Report, Pune, 2020 (internal document; on file with the author). 8  Gray and Srinidh (2013): Watershed development in India: Economic valuation and adaptation considerations | Eldis (accessed on 18 December 2022). 9  Inflation adjusted values aligned to 2012 US dollar values. The first figure refers to a scenario of “low benefits and high costs” and the second to “high benefits and low costs”. 5

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property resources to undertake watershed development contributes to the evolving of a shared understanding of the problem to be addressed (the ‘what and the ‘why’) and a consensus on what needs to be done (the ‘how’). This outcome generates significant levels of social and institutional capital which is a prerequisite for nature-­ based conservation efforts to be successfully implemented and sustained in the long run (10–20 years). It has been observed, that, wherever community-led watershed or landscape restoration has been successfully undertaken, a “developmental dynamic” of hope and confidence arises which puts most of the beneficiary families on the pathway out of poverty. It would not be amiss to characterise the outcome of a people-centric, integrated and inclusive approach to watershed development as a “rising tide that raises most (if not all) boats!”

6 Going to Scale: From One to the Many In largely agrarian countries, especially where agriculture is predominantly rain dependent, watershed development offers a pathway to reduce poverty, enhance livelihoods, improve quality of life and regenerate landscapes and local ecosystems. India, where nearly 60% of the population looks to agriculture for livelihoods and where 85 million hectares of 142 million hectares (60%) of net cultivated area is rainfed, integrated people-centric watershed development (including efficient water management) is seen as “the key to sustainable development of rainfed areas”.10 However, if successful efforts to regenerate watersheds are to be widely replicated, up-scaled and sustained, key stakeholders across levels engaged in community affairs, governance, development administration funding and technology provisioning—local communities, civil society, public and private sectors—must be actively involved. One example of a successful country-level scaling up is the Indo-German Watershed Development Program (IGWDP) which originated in the state of Maharashtra, India. The IGWDP was the brain child and the magnum opus, as it were, of Fr. Hermann Bacher, a Jesuit priest, who lived and worked in rural Maharashtra for over 60 years. He is widely considered as the “father” of large-­ scale community-led watershed development in India.11 The program brought together state, NGOs and community level actors in a unique collaborative arrangement with the dual goal of catalysing and facilitating a “people’s movement for watershed development” in rural areas and contributing to shaping the institutional

 National Rainfed Areas Authority (2022), p.  2, point 2; https://dolr.gov.in/sites/default/files/ Common%20Guidelines%20for%20WDP%202008%20Revised%20Edition%202011.pdf (accessed on 18 December 2022). 11  WOTR (2010), The Indo-German Watershed Development Program, Maharashtra, 1989-2009, pp.  2–3: https://wotr-website-publications.s3.ap-south-1.amazonaws.com/IGWDP%20 Booklet.pdf. 10

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and implementation framework for sustainable and community-centric watershed development at the national and provincial levels in India.

6.1 Indo-German Watershed Development Program (IGWDP) The IGWDP, launched in 199212 was funded by the Government of Germany (GoG) through grant bilateral assistance managed by the German Agency for International Cooperation (GIZ)13 and the German Bank for Reconstruction (KfW). On the Indian side, the key stake holders were the Government of India (Ministries of Finance and Agriculture), the state Government of Maharashtra, the National Bank for Agriculture and Rural Development (NABARD) and the Watershed Organisation Trust (WOTR), an NGO.14 At the program level, the role of the Indian government was to provide an enabling policy and administrative environment as well as financing through convergence of on-going developmental programs. NABARD was to manage funds provided by the KfW and administer the overall program. WOTR’s mandate was to coordinate, facilitate, train and build capacities of NGOs, community-­based organisations and development practitioners, network and deepen linkages amongst the various stakeholders. The GIZ funded WOTR for this purpose.15 A unique innovation was the Office of the Program Coordinator whose role was to liaison with all the key stakeholders, provide technical support, facilitate policy enablement and ensure smooth implementation of the IGWDP. The Office of the Program Coordinator was anchored in WOTR.16 There were two phases of a project: The Capacity Building Phase (CBP) and the Full Implementation Phase (FIP). Only projects which successfully passed through the CBP could progress into the FIP. WOTR managed the CBP and NABARD the FIP. At the project implementation level, the participating villagers were the key implementing actors—they planned, implemented and managed the project (including receiving, spending and accounting for funds)—with NGOs playing a facilitating and accompanying role.

 The IGWDP ended in 2014/15.  Then known as the German Agency for Technical Cooperation (GtZ). 14  Watershed Organisation Trust (WOTR), The Forum, Pune-Satara Road, Pune; WOTR: Climate Resilience for Rural India - NGO India (accessed on 18 December 2022). 15  WOTR was founded in 1993 by Fr. Hermann Bacher and Crispino Lobo (author of this paper) to support and facilitate the development and up-scaling of the IGWDP. Over the years it has diversified into several developmental sectors, geographies and acquired a range of competencies; ibid. 16  The author of this article was the Program Coordinator of the IGWDP. 12 13

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6.2 Key Innovations of the IGWDP Some noteworthy, and for the time, very innovative technical and institutional aspects of the IGWDP were as follows:17 (1) A Government-Civil Society Collaborative: The coming together of different stakeholders—government, public agencies, NGOs and civil society bodies— to enable, facilitate, support, implement and upscale a multi-sectoral enterprise like watershed development was truly unique and innovative, given their disparate nature, purpose and the trust deficit that existed between them at the time. This was made possible by the realisation that such an effort, which is critical to addressing the issue of water scarcity, low farm productivity and inadequate rural livelihoods—a persistent and politically sensitive issue in rural India— could only be successful through multi-stakeholder consensus, partnerships and collaboration. It is also a tribute to the intense efforts made by Fr. Hermann Bacher and his colleagues whose persistent efforts at reaching out, establishing and deepening institutional and personal relationships led to such a collaborative and a shared compact to achieve the desired outcomes. (2) “Ridge-to-valley” Approach: Usually, conservation efforts adopt a “valley upwards” approach which often results in the upper catchment and slopes not being treated. By adopting and insisting on a “ridge-to-valley approach”, the program ensured optimum hydrological (and social) outcomes: soil and water conservation, soil and ground water re-charge, rehabilitation of the upper reaches of the watershed where soil erosion is highest (usually owned and accessed by poor farmers/herders who benefit when such lands are treated first), restoration of farm and grazing lands and flood protection of land and assets in the lower reaches. Since, in India, the Forest Department usually owns the upper reaches, permission to treat these degraded lands was obtained from the Forest Department—a significant breakthrough (and a “first” of sorts!) given that the Forest Department is generally loath to give such permissions more so when village communities (and NGOs) undertake and supervise such conservation works. (3) “Self-selecting Conditionalities”: Since this was a publicly funded and supported program, instead of the program selecting potential implementing partners, the onus was placed on desirous communities and their facilitating NGOs to establish that they meet the qualifying criteria for participation in the Program, that is, “select themselves”. A set of criteria that ascertained technical feasibility, assessed the strength of social capital existing in the villages18 as  Farrington and Lobo (1997): Scaling up participatory watershed development in India: The case of the Indo-German Watershed Development Programme (IGWDP)  - ODI Natural Resource Perspectives 17 (accessed on 18 December 2022). 18  Without a minimum cachet of social capital, a technically demanding project such as this cannot be successfully implemented. Social capital includes the degree of social harmony; adherence to rules and norms determined by the community; extent of conflicts and dispute resolution mecha17

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well as the extent of rapport between the villagers and the facilitating NGOs was devised and publicly unveiled. This effectively reduced the potential for controversies and charges of discrimination or bias. Inclusion in the program was for all those who met the criteria (“self-qualified”) on a “first-come-first-­ served basis”.19 ( 4) Participatory Institutional and Implementation arrangements: While large-scale WSD projects generally underline the need for community participation, in practice, the decision-making structures, planning, implementation and accountability processes adopted often diminish agency of implementing communities/agencies—their scope for influencing policies, processes and funded items/activities is greatly circumscribed, if not non-existent altogether.20 This results in a mind-set where the target group are perceived as “beneficiaries” of a project rather than “owners and implementers” of the project and their facilitating NGOs as mere contractors (or “service providers”). This is due to various asymmetries that exist between the various stakeholders at different levels often resulting in a prescriptive, “top-down”, bureaucratised operational culture. To address this issue, the IGWDP introduced the following 5 key innovations: The Office of the Program Coordinator; A Capacity Building Phase; the Participatory Net Planning Methodology (PNP); Direct Project Funding to the Village Watershed Committees (VWCs), and Participatory Impact Monitoring (PIM), which we shall describe below: (i) The Office of the Program Coordinator: This was a unique arrangement in that the Program Coordinator (PC) not only represented the civil society actors (village communities and NGOs) participating in the program, but also had an official role and participated in the decision-making bodies of the Program. The PC also served as the bridge between the Capacity Building and the Full Implementation Phases of the Program. This ensured that field realities, ‘voices’ and needs were adequately represented and necessary corrections made at the project and program levels.

nisms; extent of functioning, representation and inclusiveness of governance and other local institutions/bodies; the degree of need and desire of the community to implement the project and willingness to contribute to the effort in terms of free labor, cash/kind and willingness to comply with community and program framed rules for efficient implementation and sustainability of the project. 19  One such conditionality for inclusion was that the community had to complete 4 days of voluntary labor on a soil and water conservation related works within a 3–4-month period from the time of application to the program, equivalent to not less than 70% of the imputed wage labor of the work and in which at least 70% of the land-owning community participated. If a community delivers this requirement, once can be reasonably assured that not only there is a felt need for the project in the village, but also that there is, under normal circumstances, sufficient social capital to ensure the project a fair chance at success. 20  Recognising this serious shortcoming, major programs declare “guidelines” with the expectation that local needs and demands will be accommodate at the project level. However, in practice, these are usually treated as “norms”/mandatory requirements by executing agencies.

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(ii) A mandatory Capacity Building Phase (CBP): A systematic, sequenced and outcome-linked training program for village bodies and NGOs, based on the ‘learning-by-doing’ pedagogy which included actual implementation of project measures on a defined micro-watershed (≤200 ha), known as the Participatory Operational Pedagogy (POP)21 was developed by WOTR. Successful conclusion of this phase was a pre-condition for seamless entry into the Full Implementation Phase (FIP) for large-scale implementation and completion of the project.22 This approach ensured that “drop-outs” or “failures” were reduced to a minimum, and quality standards (especially technical requirements), were achieved. Prior to the IGWDP, no large-scale watershed program in India made “pre-qualifying” through participation in a structured capacity building phase, a condition for entry into full project implementation. (iii) Participatory Net Planning Methodology (PNP): This a dialogical, participatory process wherein the land owners (including the women) are engaged with onsite in understanding the potential of their farm/land resources with a view to implementing appropriate soil and water conservation measures as well as effecting changes in farming practices/land use from the conservation and livelihoods perspective. Planning includes estimated costs and own contribution as well as phasing of when measures would be implemented keeping in mind proposed land use and land location in the overall watershed. PNP proved highly effective in creating awareness amongst farmers/land owners of the need to improve land husbandry and how to optimise productivity. More importantly, it created a sense of ‘ownership’ of the project which contributed to its successful implementation.23,24 The PNP methodology has proven to be a significant conceptual and pedagogical tool for participatory planning and ownership building.

 The POP also included a sub-protocol called, the Gender-Oriented Participatory Operational Pedagogy (GO-POP) to provide agency to women and address their specific needs. 22  The FIP also had a set of training, skilling and learning events tailored to the specific needs and exigencies of projects. 23  Lobo (2010): WOTR PNP  - Practitioners Handbook 2.indd (wotr-website-publications.s3.apsouth-1.amazonaws.com) (accessed on 18 December 2022). 24  Ministry of Rural Development (2006), paragraph 2; Final\ (indiawaterportal.org) and https:// dolr.gov.in/sites/default/files/Part1-TOCForeword.pdf (accessed on 18 December 2022). The Chairman of this Report, S.  Parthasarathy, had this to say in the foreword: “I was particularly impressed by the Participatory Net Planning (PNP) method of WOTR where each holding is visited by the planning team to survey and decide proposed improvements along with the concerned farmer, thus developing a sense of ownership. The benefits of weaving in gender at all stages of the development process also enhances the capacity of women to participate and contribute to decision-making. They thereby become full-fledged citizens of the community in their own right”. This Report formed the basis of the “Common Guidelines for Watershed Development Projects-2008”, which have shaped India’s public funded national program, the Integrated Watershed Development Program (IWMP). 21

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(iv) Project Funding: In contrast to the then practice of considering intermediary organisations (i.e. NGOs, public/private agencies) as principal implementers of the project who received and managed project funds and villagers as recipients of project benefits, the IGWDP took the opposite view: Participating villagers and their representative body, namely, the Village Watershed Committee (VWC) would be the principal implementers and intermediary agencies would function as facilitating agencies. Funds for implementation would go directly to registered VWCs and facilitation/capacity building funds, to the NGOs. For the times and the large volume of funds involved, this was indeed path breaking and unheard of.25 It was a completely new way of conceiving and approaching developmental projects and, for the villagers, an unanticipated new role and responsibility! Conventional wisdom frowned upon such an approach because it was argued that such large funds in the hands of a people largely unlettered, poor and inexperienced in managing and accounting funds (let alone large funds) would lead to misuse and corruption. On the other hand, the IGWDP argued that “those who benefit must be responsible for the same– they must implement, manage funds and be held accountable for outcomes if they are to remain invested in the project”,26 a sine qua non for sustainability. To this end, the program developed a robust accounting, documentation and reporting protocol and put in place effective processes that ensured public transparency and accountability. (v) Participatory Impact Monitoring (PIM): This is an important component of the program as it enables a community to track the progress of the project, identify problems, undertake corrective measures, assess its impacts, ensure transparency and accountability and foster cross-learning amongst participating project villages. Project designed as well as community-­ derived indicators were used for this exercise which was conducted once a year. The involvement of external assessors which included village functionaries from other project villages helped create a healthy competitive spirit amongst projects, facilitated knowledge sharing and replication of good practices.27 Well performing watersheds and VWCs were publicly  By way of yardstick and comparison: The average cost of treating a watershed of 1000 ha (10 sq. km) consisting of about 150–200 HHs (800–1200 people) was Rs. 7–9 million over a 4–5-year period or Rs.1.6 M/year. The maximum funds that the Village Council (Gram Panchayat) managed in a year did not exceed Rs. 1,00,000 (Rs. 0.1 M) or 6.25% of the annual watershed funds handled by the VWC! 26  An oft repeated statement of Fr. Hermann Bacher, the architect of the IGWDP, explaining why it was necessary to give authority and commensurate resources to people in order to achieve sustainable outcomes. 27  The Chairman of the Parthasarathy Report in his foreword observed thus: “Similarly, participatory monitoring and evaluation systems (PMES) are gaining significance. We have to move, in the words of Crispino Lobo of WOTR, from regarding monitoring and evaluation as not merely a surveillance mechanism, but to viewing it as a management tool; not to prove but to improve efficiency, effectiveness, and sustainability of interventions. Notable work has been done by WOTR 25

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felicitated at events which were widely publicised and in which dignitaries from government and public figures participated.

6.3 Impacts at Scale The IGWDP has been widely acknowledged as a successful large-scale bilateral program that contributed significantly to shaping policies, institutional arrangements and implementation practices of participatory watershed development programs at the national and state levels in India.28 Many of the concepts, innovations and practices developed and finessed by the IGWDP have been adopted, suitably modified, by all large-scale watershed and development projects being implemented in the country and have become part of the normal developmental discourse, such as: (i) Making villagers and their representative bodies (VWCs)/VDCs/Gram Panchayats) primary project implementers with NGOs/agencies acting only as facilitators;29 (ii) Funds going directly to these community-based organisations/beneficiaries to organize, implement and maintain project measures in their villages. (iii) Adopting of a “Ridge-to-Valley” approach or undertaking treatments from the higher to the lower slopes that are site specific and community determined;30 (iv) Fostering people’s “ownership” of the project by making them fully responsible for all aspects of the project cycle, insisting on own-contribution to the effort and putting in place systems for resource governance, asset maintenance, public accountability and transparency. A Capacity Building Phase, as a prior, integral and on-going component of a watershed development projects is now a mandatory component of large-scale publicly funded watershed programmes implemented in the country such as those currently funded by NABARD and the GOI.31 The PNP or “Net Planning Method” involving detailed plot-wise planning with the concerned landowners and the community/ VWC together with envisaged outcomes from the conservation and livelihoods perspective (sustainable enhancement of farm/land-based income) has been widely

on improving PMES as a decision support system, and to generate key learnings with the participation of all stakeholders, with focus on capacity building and empowerment”; see Ministry of Rural Development (2006), n. 24, pp. x–xi, paragraph 4. 28  German Missions in India, Indo-German Watershed Development Programmes; Indo-German Watershed Development Programmes (IGWDP) - Federal Foreign Office (diplo.de) (accessed on 18 December 2022). 29  National Rainfed Areas Authority (2022), n. 10, p. 9, paragraphs III and IV. 30  Ibid, p. 6, Para IX; p. 38 paragraph 58. 31  Ibid, p. 10, no. V; p. 33, paragraph 49 (CBP is referred to as Preparatory Phase); p. 51, Section 10, paragraphs 80–81.

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adopted with local adaptations, in all major watershed programs in the country.32 The PNP approach or “survey number/plot-wise” approach to planning has been recognised as not only a technical tool for planning and proposal formulation but also for awareness raising, knowledge sharing, people and community mobilisation. The extensive training, extension support and capacity building effort launched by WOTR helped build the competencies, skills and knowledge of tens of thousands of villagers, para-engineers, social mobilisers and hundreds of NGO personnel, development practitioners and government officials from across India (and internationally) in the concept and practice of community-led watershed development. This has created and made available a large pool of locally available knowledgeable and skilled personnel—“replicators”, as it were—which has helped spread “watershed consciousness” and large-scale implementation of participatorily implemented projects across the country. These skilled human resources and NGOs have partnered with and been at the forefront of implementation of several publicly funded developmental programs related to land and water management in the country.

6.4 Scalar Impact A major structural impact of the IGWDP from the perspective of scaling up has been the setting up of the Watershed Development Fund (WDF) by the Government of India (GOI) at NABARD. The need for setting up such a fund to replicate the learnings and experiences of the IGWDP across the country was jointly represented by WOTR and NABARD to the then Finance Minister, GOI, who announced its establishment during the Budget Speech in Parliament in February 1999. The Fund has since grown substantially and, as on March 2021, together with similar funds managed by NABARD, it has supported watershed development activities in about 2.34 million hectares across India through NGOs/development agencies involving an outlay of Rs. 23.89 billion (Rs. 2389 crores).33 WOTR has supported NABARD in this effort by conducting training and exposure programs for its personnel and participant NGOs from across the country.

 Ibid, pp. 36–38; paragraphs 52/(b) to (g); 53; 57; 58 as well as in the NABARD funded WDF project. 33  NABARD (2022), Watershed Development Fund, section 3 (b), Farm Sector Development Department (2022): https://www.nabard.org/about-departments.aspx?id=5&cid=470 (accessed on 18 December 2022). 32

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7 Conclusion Watershed development helps regenerate landscapes and local eco-systems by arresting soil erosion, improving soil health, improving soil moisture and increasing overall availability of surface and underground water. This, is turn, enhances bio-­ diversity, improves agricultural productivity, creates a variety of livelihood opportunities which contribute to reducing poverty and improving the quality of life of communities living in these treated watersheds. With climate change causing serious losses to vulnerable rural communities, watershed development activities can help mitigate some of the adverse impacts (such as prolonged dry spells and droughts; floods) and strengthen the adaptive capacity and resilience of local communities and the ecosystems they live in.

References Farrington J, Lobo C (1997) Scaling up participatory watershed development in India: lessons from the Indo-German Watershed Development Programme. Overseas Development Institute, London Gray E, Srinidh A (2013) Watershed development in India: economic valuation and adaptation considerations. Working Paper, World Resources Institute, Washington, DC Lobo C (2010) Participatory net planning: a practitioner’s handbook. WOTR, Pune Ministry of Rural Development (2006) From Hariyali to Neeranchal: Report of the Technical Committee on Watershed Programmes in India. Department of Land Resources, Government of India, p x National Geographic Magazine (2009) A harvest of water. Washington, p 118 National Rainfed Areas Authority (2022) Common Guidelines for Watershed Development Projects-2008: Revised Edition-2011. Government of India, New Delhi, p 2 Tripathy B (2018) Land degraded in India equivalent of Rajasthan, MP and Maharashtra put together, $47Bn loss