Bhopal: A year before the election, the Bharatiya Janata Party (BJP) which has been in power in Madhya Pradesh for almost two decades, enacted Panchayats Extension to Scheduled Areas (PESA) Act 1996 on November 15 after losing half tribal seats in 2018 assembly elections.

Chief Minister Shivraj Singh Chouhan announced the rules of the Act at a Tribal Pride Day programme in Lalpur village of Shahdol district on Tuesday in presence of India’s first tribal President Droupadi Murmu. The act was enacted almost 15 months after the first announcement in Jabalpur in September 2021 by Home Minister Amit Shah and PM Narendra Modi on 15th November last year.

Passed by the Parliament in 1996 with an idea to empower and preserve the tribal population from exploitation, Madhya Pradesh became one of the eight states to enact the law. PESA gives special power to “gram sabhas” (Village committees) in scheduled areas for the management of natural resources. The new law will allow self-governance via Gram Sabhas in 89 tribal blocks of the state, covering 2,350 villages in 5,212 panchayats.

Accounting for 21% of the state’s population, Madhya Pradesh has the highest tribal population in the country. Out of the 230 seats, 47 are reserved for tribals in the state and have sway over the two dozen other seats. In the 2018 assembly elections, the saffron party had only won 16 seats, against 31 in 2013, while the Congress had won 30 in 2018, against 15 in 2013.

Speaking at the event, Chief minister Shivraj Singh Chouhan said, “Today is the day of social revolution.”

Highlighting the salient features of the Act, he said that it would give the self-governing rights of water, forest and land to the tribals and no room will be left for those persons who will try to grab the land of villagers by conversion, deceit or by any manipulations.

“Many times tribal sisters got deceived into marriage through allurement and sometimes conversion used to take her land. We will not allow such acts in Madhya Pradesh. Gram sabhas will intervene in such cases,” said Chouhan, while emphasising tribal conversions.

President Murmu, who visited Madhya Pradesh for the first time, said, “Looking at the challenges of climate change and global warming, one needs to learn from the lifestyle of tribals and their commitment to the conservation of forest and animals,” she said.

Talking about gender ratio, she pointed out, gender equality is a lesson that all must learn and imbibe from the tribal society. “Gender ratio in tribal society is better than the general population.”

Welcoming the implementation of PESA, tribal outfits pointed out that the gram sabha has given partial executive powers and all the financial powers have been kept out of their ambit.

Speaking to NewsClick, Congress MLA and convener of Tribal outfit, JAYS, Hiralal Alawa pointed out, “Madhya Pradesh tribals, who have the highest population in the country, have waited almost 26 years for this law. The BJP has been in power for almost 18 years and came to the senses after losing half of the tribal seats in the 2018 assembly elections.”

“While passing the law, the Parliament has urged the states to enact the law on the lines of the sixth schedule to empower tribes and prevent them from exploitations. Besides, the crux of this law is to empower gram sabha in tribal blocks. But how can anyone be empowered with partial executive powers and with no financial powers?” he asked.

Speaking to NewsClick about the newly passed PESA, Gulzar Singh Markam- National President of Gondwana Samagra Kranti Andolan, said, “The suggestions we have given to the government to frame rules have been ignored. Besides, financial powers have not been given to the gram sabha or the village government. We can understand it with an example; the Madhya Pradesh government would be given all executive powers to run the state. But the Union government would handle the finance.”

“With the implementation of PESA, the state is running away from implementing the fifth schedule in tribal blocks which we have been demanding for years,” he said. “Scheduled areas should be governed by tribal blocks according to the law. But many tribal blocks have been declared or added in Nagar Panchayat or Nagar Palika which is unconstitutional,” he pointed out.

Yet, addressing a PESA awareness rally at tribal block Kesla in Narmadapuram on Thursday, CM Chouhan said, “Tribals have rights over water, forests and land and the state government is ensuring that they get them. In order to empower the indigenous groups and provide prosperity to their lives, the state has established the PESA Act.”

Lashing out at the BJP for the delay and laxity in enacting the law, Congress State Media Vice President Bhupendra Gupta said, “Shivaraj Singh Chouhan is taking credit for the work that our government has already done 27 years ago. Yet, he failed to address the main objectives of the law.”

He pointed out, “On the recommendations of the Dilip Singh Bhuria Committee, the Congress government had already implemented the PESA Act. The short-lived Kamal Nath government, Congress, was working on PESA rules.”

He said that Congress has already implemented the PESA Act in spirit. “The major rights vested in it have already been protected by making rules. According to Section 165 (6) of the Land Revenue Code, a provision has already been made to ban the purchase and sale of tribal lands. Second major right: If the land of a tribal has been bought and sold on the basis of the wrong intention, then Congress has already ensured the right to take it back under section 170. Irregular moneylending has been completely banned in the scheduled areas under the Three-Moneylending Act. And under the Excise Act, our previous governments have already given legal permission to produce liquor in a traditional way to some extent under the local traditions,” Gupta added.

After losing considerable seats in the 2018 assembly polls, the BJP launched a tribal outreach programme when it returned to power after toppling the 15-month-long Kamal Nath government with the support of Jyotiraditya Scindia.

The BJP has announced making forest dwellers the ‘owners’ of forests, converting 827 out of the 925 forest villages into ‘revenue’ villages. Implementation of PESA, setting up memorials and museums highlighting the participation of tribal leaders in the freedom struggle and legalising Mahua- a staple drink of the tribals, which will be sold as heritage liquor. Renaming railway stations, colleges and areas after tribal icons.

CM Chouhan also announced to drop of petty cases registered against tribals most of which are related to the production and sale of Mahua, besides home delivery of PDS ration in all the 89 tribal blocks of the state.

Salient features of the Act

Every gram sabha will have a president, who will be elected either unanimously or by a majority vote for a year.

– The secretary of the gram panchayat will be the ex-officio secretary of all “gram sabhas” constituted under that gram panchayat.

– A gram sabha can also decide whether to give contracts for sand mines, ballast and stones or not.

– The gram sabha will give consent for the management of the ponds, fisheries, and cultivation of water chestnuts that falls under their panchayat.

– Only licensed loan vendors can operate and provide loans to villagers. They will have to provide details of interests charged to the gram sabhas and if they are charged higher interest action would be taken against them.

– In the case of beneficiary schemes the gram sabha will decide who will get the benefit first.

– Without approval of the gram sabha no new liquor shop can be opened.

– In the event of an FIR against any villager, gram sabha will be informed.

– The village committee will also have the authority to carry out inspections of schools, health centres, Anganwadi centres and ashram schools.

– A gram sabha should have at least 1/4th of its total members or 100, whichever is less to meet, 1/3rd of them would be women. – In the event of considering the issues of land acquisition, rehabilitation, return of land or an issue concerning community assets, the presence of 50% members of the gram sabha members would be necessary.

– The panchayat funds will be provided as per the provisions of section 66 of the MP Panchayat Raj & Gram Swaraj Act 1993.

– The proposal brought before the gram sabha will be passed unanimously to the extent possible or by majority voice if unanimity is not possible. In case of objection to a proposal, villagers can raise the objection before the “gram sabha” within 15 days after the proposal is passed.

Courtesy: Newsclick

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The 1996 PESA Act is an Act of the Parliament which has deliberately been left unimplemented. Now just before the central & state elections are due to take place, the Jharkand government is attempting to show that it has at long last woken to the need for rural development.

A comparison of PESA and GVS will bring out the contradictions:

1. PESA is an act of Parliament WHEREAS Gram VikasSamiti(GVS) is an off-hand announcement by the Chief Minister of Jharkhand at a recent public meeting;
2. PESA empowers Gram Sabha for over-all self-governance WHEREAS Gram VikasSamiti  primarily focuses on water management as well as all development activities;
3. PESA aims to achieve its goal through Gram Sabha WHEREAS Gram VikasSamiti sets up a small development committee;
4. PESA empowers the Adivasi traditional leader as the President WHEREAS Gram VikasSamiti prescribes that a woman be the President without specifying through what process she will be selected/elected;
5. PESA stipulates that all the members of the village community above the age of 18 will compose the Gram Sabha WHEREAS Gram VikasSamiti appoints a Secretary between 18-35 years of age, again without specifying the mode of selection/election;                                                                                
6. PESA empowers the whole village community to choose the beneficiaries for govt’s welfare schemes WHEREAS Gram VikasSamiti leaves it to the discretion of the President and Secretary; the role of village community is not mentioned.                                                                                                                  [source of info on Adivasi aur Gram VikasSamiti: PrabhatKhabar, Ranchi ed., 6-2-2018]

Points of concern:
1) Jharkhand govt is guilty of not implementing PESA Act,1996 because the Act gives significant powers to Gram Sabha;                                                                                                                                                 
2)  Such an off-hand announcement of setting up Gram VikasSamiti  in all 32,000 villages is not to be taken seriously… it is in view of forthcoming election!                                                               
3) Completely ignoring the traditional system and leadership of Adivasi community is an insult to the Adivasi People;           
                                                                         
All Jharkhandi parties, people’s movements / organizations should come together to denounce this casual treatment of Adivasi, Moolvasi People of the State.Here is the latest manipulation by Jharkhand govt with regard to ‘self-governance’ by Adivasi Communities.

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— 90% of mining in India is illegal: Deprived of basic rights, tribals treated as untouchables in their lands
 

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Who will Pay, ask Adivasis as the MoU signed in 2006 is violated and the government is uncaring

There is a tragic history behind this sad situation. Kathaldih is a Santal Adivasi village in Amrapara block, Pakur district, Jharkhand. For centuries the indigenous Adivasi people had lived in harmony with their jal, jangal, jamin (water, forest, land). They took care of Mother Earth and she took care of them. Theirs was an agricultural self-sustaining economy enjoying the fruits from their agriculture and their forests. Their socio-cultural values reflected an equalitarian community based on equality, co-operation, consensus decision making. But such a harmonious life was abruptly cut short by the state policy and action.
 
In 2001, the Ministry of Coal allocated Pachwara Central Block, around 13 square kilometers for captive mining to the Punjab State Electricity Board (PSEB), which entered into a Joint Venture (JV) with Eastern Minerals Trading Agency (EMTA), a company with its headquarters in Kolkata, to form PANEM Coal Mines Limited for the purpose of mining coal in the Pachwara Central block.

The nine Adivasi villages in Pachwaracentral block decided to resist the forcible takeover of their land. Meetings, blockades, rallies, dharnas were undertaken through which they expressed their resolve not to give their land to a private co., and also appealed to Jharkhand High Court through a people’s movement Rajmahal Pahad Bachao Andolan basing their argument mainly on Santal Pargana Tenancy Act (1949), the SPT Act, which prohibits transfer of Santal tribal land to any non-tribal, let alone to a private co. Unfortunately neither the state government listened to their demand nor the HC paid any heed to their appeal.

When the Adivasis approached the Supreme Court it refused to look into the case but ordered PANEM Co., to sit with people’s movement and work out a mutually acceptable MoU (Memorandum of Understanding). This was done on November 30, 2006 and a few of the salient points of the MoU are:

• Tribal people are the absolute owners of the land
• 50% land must be returned to the original land owners in cultivable condition
• Mining has to be done one village at a time not altogether and after mining it should be refilled and returned
• Compensation for land per acre Dhani I – Rs. 141,960/-; Dhani II – Rs.106,470/-; and Dhani III – Rs. 70,980/-
• Annual crop compensation – Rs. 16,000/-
• Provide 210 sq. meters homestead land and construct a house with a plan akin to the customary houses, with drinking water, electricity (24 hrs) and a toilet
• Establishment of Manjhisthan, playground, pond, place of worship, grazing land, cremation ground, market place for the village
• Mini truck for transport to the market
• Employment for one person in each family (3 acre + land loss)
• 3 Primary Schools, 1 High School and a School bus
• Scholarship to students who complete class X and above
• 50 bed hospital with ambulance, qualified doctors, nurses, mobile clinic to villages
• Training institute and stipend for trainees etc.

 
Ten years to the date of the MOU, PANEM Co., has failed to fulfill most of these promises:
Kathaldih village has 86 families all of whom were displaced in 2007 and resettled in New Kathaldih Colony. They were provided a house each built like a colony, but not in the style that Adivasis live in, as promised. Around 30 houses remain submerged for almost 5 months of every a year due to water logging as the houses were built on agricultural land next to river Basloi. Electricity was provided only for 12 hours at night till July 2015, when the PANEM stopped mining since it was also one of the mining companies that were considered illegal by SC in it’s judgement of 2015.

An overhead water tank was constructed but no drinking water was ever supplied anywhere in the village from the tank. Common bathing water facilities were given but that too has been stopped since July 2015. No toilet was ever constructed for any of the families.

None of the families is able to carry out agricultural cultivation since all their land has been taken and the company. The land has just not been restored back to the Adivasi community after the mining was done.

Around six students who completed class X were given education scholarship but that too has stopped since March 2015.

In terms of employment and income, 8 families out of 71 interviewed did not get any jobs in the company.

Fifty-three families (74.7%) received the salary between Rs. 6000 – 6999 per month.

Unfortunately ever since March 2015, when the mining was stopped due to the later Supreme Court order, the people have not received any salary!

The people of Kathaldih neither have their agricultural land nor any salary from the company on which they had depended entirely on for their living. This has caused much anxiety and fear among the people. At least other villages have their agricultural land, but the people of Kathaldih have neither the land nor any income for survival. Their entire life and livelihood options seem to be in great danger.

In such a situation what does the government do? Instead of running to the rescue of these people who have been cheated by the company, the government is mulling over allocating this mine to some other company now. Now that people have been divided into two camps of pro-company and against the ‘company’, they are unable to put up a united struggle.

This is a call to all who feel concerned about the plight of the indigenous peoples and the systematic onslaught on their economy, social and cultural values to rise up to occasion. The Jharkhandi political parties and outfits can take it up both on the floor of the state assembly as well as meeting the people at their level and assuring them of their support to their cause.

Jharkhandi intellectuals, legal professionals and activists can reach out to the stranded people and assure them of their support and revive the original people’s movement.

Intellectuals and political parties need to initiate legal action. They can initiate the process of taking some concrete legal action based on the SPT Act, the Panchayats (Extension to Scheduled Areas) Act, 1996[1] (PESA Act), the Forest Rights Act 2006 Act, the SC’s judgment that entitles the owner of the land as also the owner of sub-soil minerals. They can be of help to enable people in scheduled areas to form themselves into co-operatives for mining items like coal, sell it in open market, and share the cash equitably. People need to be united to fight against the assault on their rights. All this will require study, research, organization and advocacy. Where there is a will there will always be a way. Only let it not be said that we all stood by silently watching the extermination of our indigenous peoples.
 
References:
The demographic data, the details of the MoU, present situation are taken from:
(1) COALLATERAL, a Report of the Independent People’s Tribunal on the MoU between Rajmahal Pahad BachaoAndolan & PANEM Coal Mines, published by Programme For Social Action, Malviya Nagar, New Delhi, 2015, and
(2) Draft Report of the Primary Survey done at New Kathaldih Resettlement Colonyby research scholar S. Xavier, St. Xavier’s College, 30 Park Street, Kolkata, 2015.

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