The Biological Diversity Act and Rules therefore provides certain rights to the Lingayat
community:
• The right to consultation and public participation prior to any project that may
affect the livelihoods of Lingayats, their animal breeds and associated TK. The
right to conservation and sustainable use of our animal breeds;
• The right to give prior informed consent and negotiate mutually agreed terms
when any Lingayat animal genetic resources or associated TK is accessed and
share fairly and equitable in any benefits arising from the utilization of their
animal genetic resources and associated TK;
• The right to a Peoples Biodiversity Register that will document Lingayats
biological diversity and associated TK;
• The right to a BMC to advise the NBA on how the Lingayats biological resources
and associated TK can be conserved and sustainably used; and
• The right to carry on the Lingayats traditional lifestyles which involves continued
access to grazing lands in order to conserve the biological diversity of our breeds
and associated TK.
B.
The Scheduled Tribes and other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006
The preamble of the Forest Rights Act in accordance with Art 8(j) of the Convention on
Biological Diversity recognizes that the forest dwelling scheduled tribes and other
traditional forest dwellers are integral to the survival of the forest ecosystem. The Forest
Act seeks to address the long term insecurity of land tenure and of these communities
and therefore recognizes the rights of forest dwelling tribes and other traditional forest
dwellers, which include nomadic or settled pastoralists, on all forest lands.
The Forest Rights Act therefore provides certain rights to the Lingayats community:
• The right of ownership, access to collect, use, and dispose of minor forest produce
which has been traditionally collected within or outside village boundaries
(Section 3c)
• Community right of use or entitlements including grazing (both settled or
transhumant) and traditional seasonal resource access, of nomadic or pastoralist
communities (Section 3d)
• The rights in or over disputed lands under any nomenclature in any State where
claims are disputed (Section 3f)
• The right to eradicate alien species like Lantana , regenerate or conserve or
manage any forestry resource which we have been traditionally protecting and
conserving for sustainable use (Section 3i)
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