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
http://www.dailypioneer.com/state-editions/bhubaneswar/15662-tribal-self-rule-through-pesa-still-an-unfinished-agenda.html
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
http://www.dailypioneer.com/state-editions/bhubaneswar/15662-tribal-self-rule-through-pesa-still-an-unfinished-agenda.html
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