(The Gist of Kurukshetra) PESA IN TRIBAL AREAS [JULY-2018]

(The Gist of Kurukshetra) PESA IN TRIBAL AREAS

[JULY-2018]

PESA IN TRIBAL AREAS

After Independence, persistent efforts have been made to make rural local self-government viable and self – sustainable on the lines portrayed by Mahatma Gandhi. Unfortunately, the response of the state governments was of very different nature and as a result the pace and pattern of establishment of rural local political institutions was not very enthusiastic in the initial phase. The state governments showed very little interest to empower the village level institutions and transfer of power to these institutions was almost negligible.

Almost after forty five year of independence, the central government realized this hard truth that the delivery system in the tribal/rural areas was not effectively operational it was realized that without functional participation of people through Panchayats, development of rural and tribal areas will not be sustainable. As a result, the introduction of 73rd Constitutional Amendment Act was enacted in 1933. The execution of the Act was made mandatory for all the Indian states and Panchayats have been provided constitutional status. The 73rd Amendment has provided uniformity and formal structure to these traditional institutions of self-governance for the sake of their effective functioning.

The 73rd Amendment has initiated a fundamental restructuring of governance and administrative system of the country, based on the philosophy of decentralization and power to the people. Policy planners have realized by now that the new Panchayat raj institutions have the potential to usher in a new era of change and development in accordance with people’s needs and priorities, and to revitalize a deeply trouble system of democracy at grassroots level (Behar & Kumar: 2002).

The enactments of the 73rd Amendment Act and the subsequent state – frontline the significance of grassroots democratic processes. Contextually and theoretically too, the new Panchayat raj system has been created as new a model of self – governance. The objectives of the new Panchayat raj is to execute and implement schemes and programmes to meet the real local
needs, to mobilize people, to channelize their energies towards rural reconstruction through the new institutions.

A perusal of state profiles would show that Panchayats raj reforms have certainly taken place with vigour and zeal in some western and southern parts of the country that are relatively sound from the points of view of economy, are socially vibrant, and have active civil societies. On the contrary, the northern states with the greatest degree of poverty, inequality and deep schisms of caste and low pace of governance resulted in weak Panchayats.

Implementation of PESA: Tribal communities are most marginalised section of the Indian society. They have remained comparatively isolated from the main stream development process and maintain an uninterrupted long tradition of well knit, cohesive social structure and value system backed their own custom and traditions. They have also several indigenous traditional institutions to resolve their conflict and manage their resources and socio-political life.

When the institution of new panchayat raj was planned to be introduced in the tribal areas it was felt that there was an urgent need to protect the tribal from the marginalisation in the age of globalisation. The Working Group (1996) of the Ninth Five Year Plan suggested participatory planning as a necessary prelude for growth and equity in tribal areas which have not gained significance from the development process since Independence.

One of the highlighting features of PESA is its suggestion that “every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution". In addition to this, the Central Act of 1996 provides extensive powers to Gram Sabha in the Scheduled Areas in the following sectors: (i) Approval of plans, programmes and projects for social and economic development prior to their implementation; (ii) Identification of beneficiaries of anti poverty programmes; and (iii) Certify utilisation of fund spent by the Panchayat.

PESA after giving the above exclusive powers to the lowest unit of grassroots democracy has further provided that the Gram Sabha or Panchayats at appropriate level shall have the following powers:

(i) to be consulted on matters of land acquisition and resettlement;

(ii) grant prospecting licence for mining lease for minor minerals and concessions for such activities,

(iii) planning and management of minor water bodies,

(iv) the power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant,

(v) the ownership of minor forest produces,

(vi) the power to prevent alienation of land and to restore any unlawfully alienated land ofa scheduled tribe,

(vii) the power to manage village markets,

(viii) the power to exercise control over money lending to scheduled tribes,

(ix) the power to exercise controls over institutions and functionaries in all social sectors, and

(x) the power to control local plans and resources.

The traditional leadership generally looks at the decentralised process as a rival parallel institution and challenge to their natural stronghold. The entrants to panchayats are not fully acquainted with the provisions of PESA and therefore their understanding of this aspect needs to be broadened. Planning and management of minor water bodies is entrusted to gram sabha but there are other institutions as well to look into this matter hence it is necessary to create coordination among traditional system with new schemes. Amendments have been made in Acts for mining lease, exploitation of minor minerals, minor forest produce, to prevent alienation of land but still there are dilemmas of sharing the strong hold in implementation process. Non-tribal leadership has been very strong in tribal regions; they work as middleman/agents for development schemes. They have established good network with local bureaucracy and influence decision making process in their favour negating the tribal leadership at the grassroots level.

Methodology and Context: The evidences used in this article are based on the research study carried out in on the implementation of PESA in the contiguous scheduled V areas of Madhya Pradesh, Gujarat and Rajasthan. The issues of panchayat raj representatives were considered for observation within the study so as to comprehend the dynamics of its working, nature of changes and development. The article also strives to understand the interplay, inter-linkages and conflict between these actors. The centrality of issue is to gauge the implementation of PESA in their gram panchayats and its impact upon the governance after implementation of PESA in their socio-economic and political life.

Exposure towards PESA: It is indeed a matter of concern that overwhelming majority of the respondents has very less exposure towards special status of panchayats in fifth scheduled areas. It makes a significant meaning since persistent efforts have been made to percolate down to make the representatives understand.

Gram Sabha: There is almost no change in the perception of panchayat raj representative regarding gram sabha. This is also because the level of exposure among the tribals is very low and women panchayat raj representative have hardly any understanding of these issues. Overwhelming majority of the respondents who are panchayat representatives, have no exposure to special rights. There is meagre knowledge about the special rights of gram sabha in scheduled areas among the gram Sabha members.

Gram Panchayat: Gram Panchayat is the main executing institution of all the work at the grassroots level. Overwhelming majority of the respondents do participate in gram panchayat meetings regularly which is very significant from the point of view of tribal situation. Overwhelming majority of the respondents inspect the ongoing construction work in the village. The respondents do visit different offices for inspection purposes; however, the schools and anganwadies are mostly under inspection of respondents. Villages are still in demand of basic amenities like drinking water, electricity, road/bridge etc. on priority basis.

Natural Resource Management: Management of natural resource according to indigenous knowledge of tribal is one of the main activities under PESA. Less than haii oi the respondents do know one of the very important tasks assigned by PESA Act of management of natural resources (land, water and forest) through gram sabha. Fifty per cent tribal villages have the availability of forest and minor forest produce. As far as control over forest is concerned, all the respondents are categorically of the view that government/forest department has control over it. Only a very small number of villages have minor minerals. Overwhelming majority of villages has water bodies. Committee system is functional to manage the water bodies. However, a considerable number of respondents find no arrangement for water body in their villages.

Protection of Cultural Identity: Overwhelming majority of the respondents believe in local traditions and rituals. Gram Sabha has the responsibility of conservation and protection of traditions, rituals and cultural identity. Surprisingly, this fact is not known to majority of the respondents. Issues of conservation and protection of traditions, rituals and cultural identity in gram sabha are discussed by a limited number of respondents. Knowledge about traditions and rituals is confined to very superficial issues and no specific details are discussed in terms of traditions and rituals to be protected by the gram sabha like traditional pattern of dispute resolution, worshiping natural resources, traditional method of natural resource management, livelihood patterns etc. In majority cases, gram sabha/jati panchayat/sarpanch looks after the question of dispute resolution. The district is also prone to natural disasters, going by the 13 national disasters it has experienced so far.

Conclusion: In recent years, many reports ‘The Report of Expert Group of the Planning Commission on Development Challenges in Extremist Affected Areas’ (2008), ‘The Sixth Report of the Second Administrative Reforms Commission’ (2007), ‘The Balchandra Mungekar Committee Report’ (2009), etc. have clearly underlined the dismal situation of the implementation of PESA . Therefore, there is an urgent need to opt for an effective device whereby maximum people can be informed, made aware and motivated to come forward for the proper implementation and execution of PESA. There is an urgent need to break the culture of silence among tribal and to strive for capacity building, sensitization and orientation to improve the tribal self-rule scenario.

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