Overview of the Odisha PESA Act and Legislative Delays
The Panchayat (Extension to Scheduled Areas) (PESA) Act, enacted in 1996, is a pivotal piece of legislation aimed at empowering tribal communities in India’s Fifth Schedule areas. Designed to bolster self-governance and protect tribal cultures, the Act has faced significant delays in implementation, particularly in Odisha. Despite its enactment nearly three decades ago, Odisha has yet to fully implement the rules required under this Act.
This legislative delay has left many tribal communities waiting for the promised benefits of the PESA Act. As one of the ten states in India with Fifth Schedule areas, Odisha has a significant tribal population, ranking third in the country after Madhya Pradesh and Maharashtra. The Act was intended to empower these communities by devolving power to local governance bodies, but the lack of notified rules has hindered its effectiveness.
The PESA Act: Empowering Tribal Communities
The PESA Act was introduced to extend the provisions of the Indian Constitution to tribal areas, granting these communities greater autonomy in local governance. The central aim of the Act is to empower Gram Sabhas and Panchayats, allowing them to exercise control over local resources and governance. This legislative measure was designed to protect and promote the unique social and cultural practices of tribal communities.
The PESA Act mandates that the administration of tribal areas should be carried out in accordance with the traditional practices and customs of these communities. It grants significant authority to local self-governance bodies, ensuring that tribal communities have a major say in the management of their resources and the preservation of their cultural heritage. However, despite these provisions, the practical implementation of the PESA Act has faced numerous challenges.
Recent Developments: Draft Rules to be Presented
In a recent development, Odisha’s State Panchayati Raj and Drinking Water Minister Rabi Narayan Naik announced that the draft rules for the PESA Act will be presented to the State Assembly in the upcoming session. This announcement came in response to an adjournment motion in the Assembly on September 4, 2024, addressing the long-standing issue of rule-making under the PESA Act.
The draft rules, officially titled “Odisha Grama Panchayats Extension to Scheduled Areas Rules, 2023,” have been prepared after a delay of 27 years. These rules are expected to provide a comprehensive framework for the implementation of the PESA Act in Odisha, addressing critical issues such as land acquisition, control over minor minerals, and regulation of intoxicants.
Key Issues in the Draft PESA Rules
The draft PESA rules outline several key provisions aimed at addressing the gaps in the implementation of the Act. These include:
- Land Acquisition under the PESA Act The draft rules specify that any land acquisition by the State government must involve consultation with the Gram Panchayat. This consultation includes providing a detailed project outline, compensation plans, and an assessment of the potential impacts on the local community. This provision aims to ensure that the interests of tribal communities are considered in land acquisition processes. The rules also address the role of Gram Sabhas in the context of industrial projects that affect multiple villages. All affected Gram Sabhas must be consulted by the Zilla Parishad, which will seek their input before proceeding with such projects.
- Control Over Minor Minerals In terms of minor minerals, the draft rules require the Zilla Parishad to seek the advice of the Gram Sabha before recommending any licenses or leases for minor minerals. This provision is intended to ensure that local communities have a say in the exploitation of minor minerals in their areas. However, the rules clarify that Gram Sabhas will not have authority over minor minerals extracted from forestlands.
- Regulation of Intoxicants The draft rules propose that any proposal for establishing a unit for manufacturing liquor in a village must be presented to the Gram Sabha. The decision of the Gram Sabha on this matter will be final, and the collector will act according to the resolution passed by the Gram Sabha. This provision aims to give local communities control over the production and sale of intoxicants in their areas.
Challenges and Criticisms of the Draft PESA Rules
While the draft PESA rules represent a significant step forward, several challenges and criticisms have emerged:
- Lack of Political Will One major criticism is the perceived lack of political will to implement the PESA Act effectively. Critics argue that the delay in framing the rules reflects a broader reluctance to fully embrace the provisions of the Act. The previous Naveen Patnaik Government’s inaction on this issue has been a point of contention among tribal leaders and activists.
- Awareness Among Officials Another concern is the lack of awareness among government officials stationed in Fifth Schedule areas. Many officials are reportedly unaware of the provisions of the PESA Act, which has led to inadequate implementation and enforcement. This lack of awareness undermines the effectiveness of the legislation and hampers its intended benefits.
- Mineral Resource Exploitation The exploitation of mineral resources in tribal areas remains a significant issue. Despite the existence of the PESA Act, there have been allegations of unregulated extraction of resources without proper benefit-sharing with local communities. The draft rules’ provisions on minor minerals and land acquisition aim to address this issue, but their effectiveness will depend on proper implementation.
The Way Forward: Ensuring Effective Implementation
The presentation of the draft rules in the next Assembly session is a crucial step towards addressing the gaps in the implementation of the PESA Act. However, several measures are needed to ensure the effective implementation of these rules:
- Comprehensive Consultations To ensure that the rules are effectively implemented, it is essential to involve all stakeholders in the consultation process. This includes tribal communities, non-tribal officials, and other relevant parties. Comprehensive consultations will help ensure that the rules address the needs and concerns of all stakeholders and promote effective governance.
- Increased Awareness and Training Government officials working in Fifth Schedule areas must be provided with training and resources to increase their awareness of the PESA Act. This will help ensure that they are better equipped to implement and enforce the provisions of the Act. Increased awareness and training will also help address the issues related to the implementation of the Act.
- Monitoring and Evaluation A robust monitoring and evaluation mechanism should be established to track the implementation of the draft rules and address any issues that arise. This mechanism should include regular assessments of the effectiveness of the rules and their impact on tribal communities. Monitoring and evaluation will help ensure that the rules are implemented effectively and that any challenges are addressed promptly.
Conclusion
The forthcoming presentation of the draft rules under the PESA Act marks a critical opportunity for Odisha to enhance tribal self-governance and empower local communities. By addressing the gaps in the implementation of the Act and ensuring that the rules are effectively implemented, the State Government can help realize the intended benefits of the PESA Act.
As the legislative process unfolds, it will be important to maintain transparency and actively involve all stakeholders in the process. With comprehensive consultations, increased awareness and training, and robust monitoring and evaluation, Odisha can take significant steps towards achieving the goals of the PESA Act and empowering its tribal communities.
Soumya Smruti Sahoo is a seasoned journalist with extensive experience in both international and Indian news writing. With a sharp analytical mind and a dedication to uncovering the truth, Soumya has built a reputation for delivering in-depth, well-researched articles that provide readers with a clear understanding of complex global and domestic issues. Her work reflects a deep commitment to journalistic integrity, making her a trusted source for accurate and insightful news coverage.
