ASHOK BHAGAT
The Panchayat Raj system plays an important role in strengthening democratic power and promoting local self-governance. To make this effort more effective and to protect the tribal communities who live in difficult places and protect their livelihood and culture, the Panchayat (Extension to Scheduled Areas) Act PESA was passed in 1996 on the recommendation of MP Dilip Singh Bhuria Committee.
PESA gives the right of autonomy to the Gram Sabhas through their traditional Panchayati Raj institutions. It gives them the power to make decisions on land, resources and local development. The tribal Gram Sabha has the right to approve schemes related to land acquisition and rehabilitation. This law has recognized the rights of tribal communities on sub-forest products, such as bamboo, tendu leaves and other non-wood products. They have the right to manage and market these resources, which encourages their economic empowerment.
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Rehabilitation and compensation for tribals
The PESA law provides for strict rehabilitation and compensation for tribal communities in case of any displacement due to development projects. In the areas covered under the Fifth Schedule, the power of the Lok Sabha and the Assembly is reduced, while this law expands the power of the Gram Sabha. PESA recognises and protects traditional laws and social practices. This law prohibits the sale of tribal land to non-tribals. Provisions related to loans have also been included in the PESA law. If a tribal takes a government or non-government loan, the Gram Sabha becomes responsible for it. The financial institution or person providing the loan to that tribal cannot force him to auction his land for the loan. Gradually, nine states of the country have implemented PESA in their own way.
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Recently, the Jharkhand government has also presented a draft on PESA and people’s views have been invited on it. PESA has been implemented by the states in their own way, while its central provision is the same. There is a difference in the implementation of effective provisions of PESA in different states. Some states are lagging in empowering Gram Sabhas. Many states like Chhattisgarh have made Gram Sabhas just a uniform committee, which can only give suggestions. They do not have any legislative power, whereas, in the PESA law, Gram Sabha has been given immense power. In the Jharkhand draft, Gram Sabha has been made a unit within the Panchayat and Gram Sabha has not been recognized as the tribal traditional Gram Sabha. This is not right for the tribal community. Even after about 27 years of passing the PESA law, it has not been implemented in Jharkhand.
13 districts under Scheduled Areas
Out of 24 districts of the state, 13 districts are complete and some parts of three districts are scheduled areas. A total of 112 blocks come under the tribal jurisdiction i.e. the fifth schedule. Still, even the rules of PESA have not been made in the state. The PESA law clearly states that ‘village’ has to be defined according to the understanding and tradition of the tribal community. The Gram Sabha, which will have all the voters of the village as members, will be the owner of the community properties such as water, forest, land etc. Any development work will be done only with the permission of the Gram Sabha.
PESA should be implemented in toto
If the tribals are to be protected, there is no better solution than the PESA, the only condition is that the state government should implement the PESA in the same form in which it has been passed. The condition of the rural local administrative body i.e. Panchayati Raj is also not good in Jharkhand. Panchayati Raj elections were held after 32 years in 2010, but even today they are waiting for the decentralization of power.
In the assembly elections of 2014, the BJP had promised in its manifesto that its government would strengthen the traditional self-governance system, but it did not happen. The government that came after this also promised to implement the PESA law in its original form, but this too was not fulfilled. It is worth noting that the Jharkhand Panchayati Raj Act has a provision for Gram Sabha, not ‘Aam Sabha’. Even in non-scheduled villages, the Gram Sabha has to select the schemes and the implementation of rural development schemes is entrusted to the Gram Panchayats, but in reality, this does not happen. The rights are used by the officers and employees of the state government. Panchayati Raj Expansion Act i.e. PESA is a legal right to promote the complete autonomous local governance system of the tribals. The tribal people deprived of this right are eagerly waiting for the implementation of the PESA law.
(The writer is a Padma Shri award recipient and Secretary of Vikas Bharti Bishunpur, a leading NGO in Jharkhand)
