Activist, teacher, lawyer—Pradip Prabhu contributed a lot in his many-sided roles—the one uniting thread in all this work being his deep commitment to justice. It is seldom that one sees such a combination of someone going to jail and risking his life in the course of struggles for various oppressed people and particularly for the rights of tribal communities, and at the same time serving with distinction on several government committees; teaching students in top institutes and training senior officers, while at the same time fasting for many days to press for the passing of legislation to protect rights of tribal communities.
Pradip Prabhu, Pradipbhau to many, particularly villagers among whom he worked, breathed his last on August 25 at the age of 78. He studied at the Tata Institute of Social Sciences (TISS) in his early years (later he also taught here and contributed in many ways to this prestigious institute). However he found his true calling when he played a leading role in the setting up of the Kashtkari Sangathan (translated as organization of those who toil) in Dahanu (Maharashtra) in 1978. Here he was involved in many struggles against exploitation and injustices, which ultimately helped to bring many-sided benefits to marginal and small farmers as well as landless workers, mainly of Adivasi (indigenous, tribal) communities.
It was in the course of these struggles that Pradip developed the deeper understanding and perspective which helped him later to contribute in important ways to national level legislations for strengthening the rights of tribal communities in the form of Forest Rights Act and PESA or Panchayats (Exension to Scheduled Areas) Act.
At various stages of his life Pradip Prabhu was closely associated with several prestigious academic and training institutes including, apart from TISS, the National Institute of Rural Development and the Lal Bahadur Shastri Academy. Apart from his continuing work in the the Kashtkari Sangathan, he contributed in important ways to several other social movements including the Bharat Jan Andolan, Shoshit Jan Andolan, Campaign for Survival and Dignity and Barefoot Academy of Governance. In fact it is in the course of the meetings of Bharat Jan Andolan that I first met him. Dr. B.D.Sharma, former Commissioner for Scheduled Castes and Tribes in the Government of India, had after his retirement mobilized this social movement with the help of social activists in several parts of the country and one of the main demands that emerged in the course of this mobilization was in the form of extending decentralization of governance to tribal communities in a stronger form. Dr. Sharma found in Pradip Prabhu a very important friend and firm supporter to take this forward.
While rural decentralization in the form of Panchayati Raj was sought to be improved significantly in 1993, one criticism was that even the new law had not adequately strengthened the wider rural community as more powers were vested in the few elected representatives rather than in the community. However as this law did not apply to scheduled areas and there was provision of enacting different legislation for scheduled areas where most of the tribal communities live, there was still an opportunity for empowering entire tribal communities.
At this juncture an important role was played by Bharat Jan Andolan and its convener Dr. B.D.Sharma. This movement and Dr. B.D. Sharma along with friends like Pradip Prabhu played an important role in advancing the cause of a different decentralization law for scheduled areas which would strengthen tribal communities.
In the middle of a continuing campaign for this a committee under the Chairmanship of Dilip Singh Bhuria, Member of Parliament, consisting of several MPs and experts, was appointed for suggesting a suitable frame of decentralization legislation for scheduled areas. This committee submitted its report in January 1996.
However when there was no suitable follow-up action after this, representatives of Adivasi (indigenous, tribal) communities from various parts of the country went on a fast at Rajghat in Delhi. Both Dr. Sharma and Pradeep joined this fast. Members of various political parties came to extend their support and finally a consensus could emerge on new and different decentralization legislation for scheduled areas which would go a long way in strengthening the tribal communities.
On December 24, 1996 the Parliament finally passed the Panchayats (Extension to Scheduled Areas) Act, 1996 which is popularly known as PESA legislation. This legislation which applies only to scheduled areas (having a significant tribal population) firmly establishes the Gram Sabha as the most basic unit of Panchayati Raj in these areas. Section 4(d) of this Act says, “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.”
Section 4(e) says every Gram Sabha shall approve the plans, programs and projects for social and economic development before such plans, programs and projects are taken up for implementation by the panchayat at the village level. Section 4(f) states that “Every panchayat at the village-level shall be required to obtain from the Gram Sabha a certification of utilization of funds by that panchayat for the plans, programs and projects referred to in clause (e).”
Other clauses give the Gram Sabha important rights before any village land can be acquired for various projects or before any village land can be auctioned for its minor minerals. Similarly the Gram Sabha has been given significant power regarding minor forest produce, preventing alienation of land and restricting the sale of liquor.
Thus it is clear that the Adivasi (indigenous, tribal) communities in the form of Gram Sabhas in scheduled areas have been empowered in very significant ways under by the PESA law. While this has been widely appreciated by several people, this has also evoked a good deal of opposition by powerful interests. Hence there have been several obstacles in the implementation of this legislation and taking this forward in the right spirit for empowering tribal communities in a big way has been a big challenge.
The absence of Pradip Prabhu will be deeply felt whenever such challenges are being faced. He is survived by his wife Shiraz Bulsara who is a very highly regarded activist and scholar in her own right. Pradip’s memory will be cherished, apart from family members and close friends, by a very large number of people who stand for justice, by his numerous students and fellow-activists and by the people among whom he worked with continuity for many decades.
(The author is Honorary Convener, Campaign to Save Earth Now)
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