Tribal self-rule through PESA still an unfinished agenda

DEVELOPMENT DEFICIT

BY SUDARSHAN CHHOTORAY

Thirty-year-old Sunei  Saunta of Dasamantpur Block in Koraput district is in the forefront of a struggle to usher in a tribal self-rule, which empowers Adivasi communities to govern themselves and vests enough power to Gram Sabha.
The Panchayats (Extension to the Scheduled Areas) Act (PESA), 1996, which came into force on December 24, 1996. The Centre is yet to frame rules for its smooth implementation. The Gram Sabhas are held as and when notified by the administration or only when there is a requirement for approval. Sometimes they are convened forcefully. All the States could not implement PESA in true spirit. A few States only extended Panchayati Raj activities but didn’t ensure Adivasi self-rule.
Sunei was instrumental in leading a tribal land rights movement and seeking job under MNREGS. But due to non-cooperation of local Government officials, many of her initiatives were foiled. She said, “Though people have got Patta under various Government schemes, there is no mention of Patta number and Khatta number. Even the plot has not been identified. Similarly, people engaged in MNREGS works are not getting wages for months and for Indira Awas one needs to pay bribe.” That’s the reason she is advocating for the enforcement of PESA Act.
Similar is the story for fifty years old Sukru Raita of Rmagiri block of Gajapati district. According to him, like Forest Rights Act (FRA), committees should be formed from subdivision to national level. He further said, “Entire Gajapati district should be declared as Fifth Schedule area under PESA provisions and separate guidelines should be framed for schedule areas for smooth implementation of all Government schemes.”
Not only poverty and hunger, increasing Maoist activities in tribal areas has been the cause of concern for the policy makers. People are not getting benefits from scores of programmes and schemes directed for them rather they are falling prey to the Maoists. And to wean away tribals from Naxals, experts have advised the Governments at Centre and States to extend the provisions under PESA and FRA.
Over the years, the Maoists have spread their tentacles across the State and the country. The organisation grew from limited Mobile Armed Squads to a large guerrilla outfit. It has strengthened its military base roping tribal militias to challenge the mighty State in many parts of the country. They are almost running parallel administration in many tribal hinterlands of the country. Praja Courts of the Maoists have been the saviors for the adivasis.
To further the implementation process of PESA, an approach paper and a study conducted by Institute of Rural Management, Anand, commissioned by Ministry of Panchayatiraj, named as Left-Wing Extremism and Governance: Concerns and Challenge in Indian’s Tribal District, mentions the following.
The Panchayat (Extension to Scheduled Area) Act, 1996 (PESA from here on), governs areas in nine States of India, covered by the fifth Schedule of the Indian Constitution.  Tribal communities make up 8.2% or approximately 8 in 100 Indians an economically and culturally vulnerable and distinctive group.  The 1996 landmark law recognized this, and the historic injustices meted to them. Its passage –an act of great political commitment – attempted to shift the balance of power towards the communities are mechanism for self-protection and self-governance. By recognizing that tribal communities are ‘competent ‘  to self-govern, we were, in effect , recognizing the validity for their way of life, value systems and worldview.
When passed in 1996, the central PESA envisaged that the nine States with Scheduled Five areas would enact their own legislations developing power to their respective tribal communities, as well as amend pre-existing laws to bring them in harmony with PESA within a year.
The Gram Sabhas or Panchayats  at the appropriate level shall be consulted before acquiring land in the Scheduled Areas for Development projects and  before resettling or rehabilitating  person affected by such projects in scheduled areas.
The AP Act has made provisions to consult the Mandal (Block) Parishad before acquiring land in Scheduled Areas.  However, planning and implementing of such projects will be coordinated at the level of the State Government. The Chhattisgarh Act has made provisions that before acquiring land for development projects, the Gram Sabha will be consulted. The Jharkhand Act has no provision in this regard.  The Gujarat Act provides for the taluka panchayat to be consulted before acquiring any land.
The Odisha Act said the District Panchayat shall be consulted before acquiring land. The Revenue department has issued instruction to District Collectors to obtain Gram Sabha recommendation during land acquisition. The law also ensures bureaucratic control over the Gram Shaba.
According to Vidya Das, State representative of the Supreme Court Commission on Food Security, “The Odisha Government in its Odisha Gram Panchayat Act, 1997 seeks to dilute the powers and responsibilities given to the Gram Sabha. In the Central Act, the Gram Sabha is the centre of decision making and financial control   for the Panchayat.  The Odisha Act limits the power of the Gram Sabha  by adding a qualifying clause which says the Gram Sabha shall exercise such power, and perform such function in such manner as maybe prescribed. This makes a complete mockery of the powers to the Gram Sabha”.
Further, the Odisha Act has also empowered the District Collector or any officer thus authorized to inquire into the function and role of any Panchayat representative, the records, and activities of the Panchayat, and can stay the proceedings of the Panchayat, or call to account as may be seen fit. Thus, the Gram Sabha is completely subservient to the whims of the District Collector.
The State is still uncomfortable about the powers sanctioned to the tribal community through the PESA Act, and several high level meetings and of the committees of Secretaries have been organised to explore ways of circumventing the provision of the PESA, and the restriction imposed on the transfer of the tribal land for industries and mines through the Supreme Court Judgment on the SAMATA Case, of 1997.
Implementation of PESA in Odisha has not resulted in any spectacular or specific results in terms of the ideals and objectives envisaged in the Act. The State laws have been amended more as a routine than real application of the spirit of the Act. Although the Central Act envisages a strong, powerful and self-reliant Gram Sabha, the Odisha law seems to have restricted its function to the extent that the Gram Sabha shall exercise such power and perform such functions in such manner as may be prescribed.
“Odisha is one of the leading States to have declared a sound policy in the control and management of Minor Forest Produce but there are several grey areas which need quick resolution.  Devolution of power of Panchayat institution in the PESA area considered in the true spirit of the constitutional mandate,” said Karunakar Patanik, a former bureaucrat.
Naturally, question arises, why such scenario despite PESA? Though it is mandatory to obtain a positive resolve of the Gram Sabha, District authorities playing dirty tricks manage to get a manufactured resolve of the Gram Sabha pretending as if tribals have willingly given consent. Gross misuse of administrative machinery including police force is not a secret. Many argue that for development, rapid mega industrialisation is necessary for creating jobs. This has also proved wrong. Farm sector and cottage industries have created more than 7.23 per cent employment compared to less than 2 per cent created by the mega industrial projects.
When asked, Pravin Patel, a prominent Human Rights defender, said “The harassment of the tribal begins with the Memorandum of Understandings (MOUs) executed by the State Governments with the industrial houses for setting up projects in tribals areas.  The poor tribals are not even consulted nor taken in to confidence while their lands are inked in those MoUs. They only come to know, when the land acquisition process starts.  In many cases, their thumb impressions are obtained under the influence of liquor and some money. Hollow promised and assurances are given at public hearing to create illusions”.
PESA AREAS IN ODISHA
Areas are under Schedule V in Odisha are  Mayurbhanj,  Sundergarh , Koraput,  Rayagada, Nabarangpur and Malkangiri district in whole, Kuchinda tehsil of Sambalpur district, Keonjhar, Champua, Barbil tehsils of Keonjhar district,  Khondamal, Balliguda and G.Udayagiri tehsils of Khondamal district,  R,Udayagiri tehsil,  Gumma and Rayagada blocks of Parlekhemundi tehsil and Suruda tehsil of Ghumsur sub-division in Ganjam district, Thuamul Rampur and Langigarh blocks of Kalahandi district and Nilagiri block of Balasore district. The total scheduled areas contain almost 70 per cent of the forest areas of Odisha even though they form only 44 per cent of the State area geographically.

(The writer is a senior freelance journalist)

PUBLISHED ON 25TH OCTOBER 2011, THE PIONEER

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Stiff protests made against dams in Balangir, Bargarh, Subarnapur

 

DEVELOPMENT DEFICIT

 

BY SUDARSHAN CHHOTORAY

Caught between the dual targets of massive industrialisation and agricultural expansion through extending irrigation coverage to the farmlands, the Naveen Patnaik-led BJD Government has become the real target of people.

Despite its tall claim of covering 35 per cent of cultivable land under assured irrigation facilities, the ground realities are something different. Policy analysts have found only 25 per cent of the land in the State to be under irrigation. With 11 major rivers, 12 river basins, seven big dams, 10 agro-climatic zones, four geo- climatic regions, 480-km long coastline and average rainfall of 1, 500mm, the State is still a less developed agricultural region. Climate change has affected monsoon and uncertainty of rainfall has made lives of the farmers miserable.

Many attributed drought, food insecurity, starvation deaths, migration, and suicide of farmers and above all marginalisation to inadequate irrigation facility. The diversion of water for industrial houses meant for irrigation has raised many eyebrows. Similarly, the Government’s failure in flood management also has been criticized by political parties and experts.  An affidavit filed by the Water Resources Department in the Odisha High Court on August 30 last has confirmed 18 industrial houses are lifting water from four such dams, including Hirakud. This and other related allegations have indeed fuelled many controversies over distribution of water. That’s the reason people feel all the projects have been designed and directed towards facilitating industrial needs than the needs of the common people.

Just a month back, drought had engulfed almost fifty per cent of the State and the news of farmers’ suicide was much in the news headlines. People of Western Odisha were up in arms against a hydro-power project proposed near Sindhol village in Subarnapur district. Though this plant was planned ostensibly to augment the energy needs of the State, in reality people in Western Odisha put up a brave front against the project, which forced it to put off the project for the time being. For them it was a conspiracy to facilitate another Hirakud like big dam for which they are suffering since 1950.

Aung Irrigation project: People of Paikmal area under Padampur Sub Division in Bargarh district are up against a dam project which has posed a grave threat to their life and livelihood. They are claiming their ancestral home, cultivable land and locally available natural resources would be lost if the project is undertaken.  Not only these, it would also harm their existing social relationship, age- old tradition and practice.

The proposed dam at Pujharipalli at a distance of 15 km from Padampur, would irrigate about 30,000 hectares of cultivable land of both Bargarh and Balangir districts, which are known as drought prone areas. The project, which was started at the initial cost estimate of Rs 304.66 crore as per the 1999 Consumer Price Index, has now been escalated to Rs 500 crore. The project was sanctioned by Central Water Commission on September 20, 2000 and the environmental clearance was issued on December 6, 2007. The project has the components of a 7480 meter length earthen dam near Pujarharipalli with irrigation potential of 50 km in downstream. Total and full storage in the dam will affect 5100 hectares of area including 167 hectares of Chhattisgarh State.

“As our area is rich in natural resources and people are rich in agriculture despite erratic monsoon and scanty rainfall with less irrigation facility, we have gained self sufficiency in agriculture and a common farmer is getting more yield than expected. Similar is the situation for landless farmers those who never feel they are landless. Rather, they adopt shared cultivation system which brings more benefit for them and they have nothing to worry of forced migration,” says Amrit Lal Sahoo,  a retired  Revenue Inspector of Saeikela village.

For Jaganath Pradhan of Samalpuri village it is a do-or-die struggle, as he is losing at least Rs 4 lakh per annum from his 15 acre of cultivable land . Even Government agencies collect seeds from him. Jagannath manages to run his 14-member family lavishly without any other income source. For him loosing land for a proposed project will cost him dearly. He is all set for self immolation if the project is undertaken forcibly. The Government has planned the project without proper verification of local resources, alleged members of Pujharipalli Dam Pratirodh Committee, the organisation which has been spearheading the movement against the proposed project. Due to stiff resistance from affected villagers, the first public hearing was turned a battle field.

As things stand today, where the people of Paikamal area have been continuing their protest demonstrations against the construction of the proposed Aung Dam, local politicians are leaving no stone unturned to pacify people’s growing dissent. The affected village believes the decision for construction of a dam at Pujharipalli was political one as former Odisha Chief Minister Biju Painaik had already laid foundation stone for Aung Irrigation Project at Chirroli, said Pujharipalli Dam Partirodh committee secretary Netrananda Behera.

Interestingly, foundation stone laying for Pujharipalli Dam site was conducted during the Congress regime by former Chief Minister J B Patnaik during the 90s. Since then, people of the region have been protesting against the construction of the dam starting from the massive rally at Padampur in the year 1989. Then came the boycott of panchayat elections en-masse in the year 2002 in all the four gram panchayats namely Alkmaar, Sareipalli, Lokharkota and Jagadalpur. Not a single vote was cast in all the 32 affected villages spread over the four panchayats, says Bhandari Marei of Chardhapalli village. Of late, the committee has formed village level struggle committees in all the 32 affected villages to give a brave front in resisting Government’s possible attempt to construct the dam. According to the agitating villages of Lakhmara revealed the dam will not only cause harm to four high schools including a tribal residential high school, a junior college and a number of primary schools, it would also cause harm to a number of area and endangered animals, birds, some medicinal plants,  profitable tress,  fruit  and crop varieties.

Significantly, the calculation made by forty years’ old Bharat Bag of Sareikela Village tells a different story.  According to him he gets 30 bags of paddy from an acre of agriculture land which will cost around Rs 11, 250.00. Besides these, he earns from oilseeds and cereals.  Bharat says it would be painful for any farmer in sacrificing such prosperous areas for the sake of a so called development project which will bring only devastation. The most shocking effect of the proposed dam is the continuing existence of the prolonged traumatic situations undergone by the people of the region who during the last couple of decades couldn’t make any large investments in housing and other social and economical engagements, argues Bhakta Bariahha of Chardhapalli village.

Suktel Irrigation Project: Chabbilal Gadatia is dejected as he found that he had nothing to do, but hand over his two acres of agriculture land to Government for the construction of the proposed Lower Suktel Dam. Chabbilal, with his five-member family has been earning his livelihood depending upon his two acres of fertile land. Chabbilal along with his fellow villagers of Kainthapalli under Loisingha block of Balangir district are up in arms against the Government which is all set to oust them from their land for the proposed dam.

Kainthapalli is among 29 villages which would be affected by the proposed dam. According to the 1996 survey, at least 15,380 people of 4160 families spread over 26 villages of Balangir district will be displaced. Out of them, 1222 families are tribal, 575 are Scheduled Caste and remaining 2363 belong to OBC. The dam has been initiated to irrigate more than 31,830 hectares of agriculture land spread over 189 villages of poverty stricken and drought prone Balangir and Subarnapur districts. Under the Central Government’s Long Team Action Plan for the drought-prone KBK region, the dam has been approved by the Planning Commission in 1999,  with an estimated cost of Rs 217.13  crore in 1996, which is now escalated to the tune of Rs 1,041.81 crore. But due to strong resistance and boycott of the displaced persons, land survey and acquisition process at the proposed dam site of Magurabeda, situated 22 km away from Balangir town had been halted. Latest Government report says land acquisition in 23 villages has been almost completed and process is yet to start in remaining six villages. Chief Minister Naveen Patnaik while reviewing the progress on August 30 last this year has instructed the authorities to speed up the construction work as soon as possible. After completion, the project will irrigate 29,850 hectares of agriculture land in Balangir and 1,980 hectares in Subarnapur district. Two canals will be constructed in right and left side of the reservoir. “Since the last seven years we have been living under uncertain future and passing through psychological trauma, following the declaration of the dam,” the locals lamented.

(The writer is a senior freelance journalist)

http://www.dailypioneer.com/state-editions/bhubaneswar/13914-stiff-protests-made-against-dams-in-balangir-bargarh-subarnapur.html

Published on 18^th October 2011, THE PIONEER, BHUBANESWAR EDITION

 

How can we watch people live in abject poverty and starvation?

DEVELOPMENT DEFICIT

BY SUDARSHAN CHHOTORAY

Often extreme poverty compels human being to take extreme steps. The story of Santoshi is one such in Odisha. She had to resort to child sale being unable to take care of her one-and-half-year-old girl for Rs 500 in Malkangiri on September 13. The police rescued the kid Rani along with Santoshi with the help of locals.

Despite tall claims by the Governments both at the Centre and State, many women like Santoshi are not finding means of livelihood. The much-hyped MGNREGS, Mo Diha Mo Kudia, and Antodaya schemes could prove to be of no use for them.

Santoshi is among the 65 million Indians who are living under abject poverty and hunger. This is despite the so-called nine per cent growth story. Out of world’s every four hungry persons, one is living in India and 40 per cent of world’s hungry lives in South Asia. A study conducted by Britain-based charity organisation OXFAM said there is no significant change in quantum of figurers of hungry people during the period from 1990 to 2005. The situation further aggravated following the uncontrolled price of essential commodities and foodgrains in 2008. OXFAM has predicted by 2030 more people will be starving for no fault of theirs but because of the spiralling prices of foodgrains. And with the alarming rise of population and impact of climate change, prices of food grain will increase between 120 and 180 per cent. International Monetary Fund (IMF) also has predicted that if the recent trends in inflation and price rise of essential commodities will continue then more than 44 million people will be further marginalised.

For States like Odisha, the prediction is more relevant. The State with second highest rate of Infant Mortality Rate (IMR) in the country has more than 52 per cent of infants as undernourished. Data available with State Health and Family Welfare Department has stated that 52 per cent of children in the age group of 0 to 3 years are malnourished, but it again stressed that acute malnutrition rate decreased by 2 per cent. Similarly, per capita income in 15 out of 30 districts is less than the average but the Government still maintains the rise in per capita income as 70 per cent.

On the other hand, despite more allocations and introduction of a number of anti-poverty programmes, incidence of poverty in KBK region in the State, has been the matter of grave concern for the policy makers.

According to a Government report, poverty rate is gradually reducing. The report says, while the rate of decrease was 7.2 per cent during 1999-2000 and 2004-2005, it came down to11.73 per cent during 2004-2005 and 2007-2008. And it reduced to 24.26 per cent in KBK, especially in South Odisha. Further the report said though there was hardly any poverty reduction in the State in the 90s, Odisha has been able to reduce poverty at faster rates in recent years. As per the 61st round of NSS data, poverty declined in all NSS regions of Odisha, with the coastal region registering the sharpest decline. The extent of poverty in southern and northern regions is still very high and remains a matter of concern. The State witnesses wide regional and social disparities in development. All regions have not developed uniformly, the review added.

To remove the regional disparities and backwardness both the State and Union Governments have implemented a series of development programmes like Revised Long Term Action Plan (RLTAP), Backward Regions Grant Fund (BGRF), Biju KBK Yogana, Biju Kandhamal and Gajapati Yogana, Gopabandhu Gramin Yogana and Western Odisha Development Council (WODC) etc. Thousands of crores of rupees have been pumped in to them but in vain. During the last 15-20 years, more than Rs 3,500 crore has been spent. Moreover, the Union Government had sanctioned Rs 1833.95 crore under the RLATP between 1998-99 and 2009-10 and out of this the State Government has spent Rs 1828.18 crore which was 99.69 per cent. The amount has been spent in developing agriculture, health and education status of the people but how far it fetched results is still a bigger question. The Government has claimed that they have reduced school dropout ratio from 57.13 per cent in 1996-97 to 6.79 per cent in 2008-09. Poverty in the region came down by 24.6 percentage points from 87.14 per cent in 1999-2000 to 62.50 per cent in 2004-05 and by 16.9 percentage points from 62.50 per cent in 2004-05 to 45.65 per cent in 2007-08. And to move forward, the State Government has submitted a new eight-year perspective plan for KBK districts for Rs 4, 550.00 crore for approval by the Planning Commission.

Amidst all the statistical jugglery, the situation on ground is something different. On the one hand both the State Government and Planning Commission have claimed the fall in poverty ratio but on the other, many independent institutions have reported the heavy incidence of extreme poverty in Odisha. All these are happening due to skewed outreach of anti-poverty programmes. A comparative study conducted by Birla Institute of Technology in Koraput and relatively developed Ganjam shows, four out of ten poor households are not availing social security safety nets like old age, disability pension schemes and even BPL and Antodaya etc. These cases are high in Koraput. Similar is the case with schemes like MGNREG scheme, land entitlements, FRA and other convergence programmes etc. Income generating schemes and job assurance provisions should be key in development practices, said the study.

Another study conducted by IGSSS revealed 85 per cent tribal households are living with extreme poverty. Door to door survey of 1273 tribal families spread over 25 villages in six Gram Panchayats in Koraput and Kalahandi districts showed at least 1180 families fall under BPL category. Demanding to follow Saxsena Committee guidelines, Bharat Thakur of Janakalyan and Subhamitra Das of IGSSS termed 1997 poverty index as defective.

Planning Commission’s poverty bottom-line

The Planning Commission’s recent submission to Supreme Court on BPL identification is not out of place which says millions of poor people will be out of official BPL list this time.

Believe it or not if you earn Rs 26 a day in rural areas or earning Rs 32 a day in urban areas then you will be out of the BPL list. The Planning Commission told the SC on September 23 that if somebody is spending more than `965 per month in urban areas and Rs 781 in rural areas, he or she would not be treated as poor.

Though for time being the Government has averted the decision to approve the approach paper of 12th plan for a week by rescheduling the meeting of National Development Council (NDC), the highest policy making body of India, the poverty parametre issue is going to haunt it.

This seems to be a long-drawn strategy to further marginalise BPL population which according to Tendulkar report is more than 40.74 crore in India-based on projected population figure of 2004 as on March 2005.

In 1957 at the 15th Indian Labour Conference (ILC) moves were made towards settling down norms for fixing minimum wage, an euphemism for a “living wage.’’ The 15th ILC recommended that in the first place, the standard working class family should be taken to mean husband, wife and two children below the age of 14 years. Second, minimum food requirement should be calculated on the basis of 2,700 calories daily per adult man, 2,160 for woman and 1,620 for the child. Further, clothing requirement of 72 yards for a family per annum would be added while housing allowance corresponding to the minimum area provided for under the Government’s industrial housing schemes. Lastly fuel, lighting and other items of expenditure should constitute 20 per cent of the total minimum wage.

Describing the Planning Commission’s new poverty benchmark as unacceptable and counter-productive to link the official estimates with people’s access to food security, 30 prominent economists in a signed statement said creating artificial boundaries to identify poverty is a wrong trend.

When asked Kesamati Pradhan, a prominent tribal women leader of Kandhamal, said, “The new bottom line will further alienate tribals, dalits and economically backward people from the mainstream those who are still suffering from the defective poverty list of 1997 and it will pave the way for rise in migration, starvation and child sell.’’

The writer is a senior freelance journalist

PUBLISHED ON 4TH OCTOBER,THE PIONEER

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