AP, Telangana deny tribals self governance

There is a clear mandate under the Section 4 of Central PESA that the legislature of a State shall not make any law inconsistent with the basic features of the central law. But AP PESA is neither in conformity with Central PESA nor did the AP govt bother to translate the AP PESA into a reality by its actual implementation.

The State legislation has diluted and in many places violated the provisions of Central PESA. This indicates disregard for the law when it comes to protecting the autonomy of tribals and safeguarding their social, political, economic and cultural rights

It is an irony that the Panchayats Extension to Scheduled Area (PESA) Act, enacted 19 years ago on December 24 aimed at recognising the right of adivasis to self governance, has remained virtually a non-starter in the Schedule V Areas of Andhra Pradesh and Telangana States.

The key objectives of the PESA Act are to ensure local governance with participatory democracy to make the gram sabha the fulcrum of all activities, and safeguard and preserve the traditions and customs of tribal communities.

The gram sabha is to be empowered to approve socio-economic programmes, ensure consultation process in land acquisition and rehabilitation programs. The Act envisages preventing panchayats at the higher level from assuming the powers and authority of panchayats/gram sabhas at the lower level.

However both the State governments of Andhra Pradesh and Telangana are not following the PESA provisions in implementation of several projects in the Schedule V areas like bauxite mining, Polavaram project, thermal power plants and tiger reserves and wildlife sanctuaries. Even ITDAs are failing to follow the mandatory PESA proviso which directs them to place all socio-economic development programmes before the gram sabhas for their approval.

There is a clear mandate under the Section 4 of Central PESA that the legislature of a State shall not make any law inconsistent with the basic features of the central law. The Central PESA empowers gram sabha for customary mode of dispute resolution, however the AP PESA puts a condition that it will be subject to the enforcement of other laws in force.

Consultation of gram sabha or gram panchayat is made mandatory before acquisition of land for development projects and resettlement of displaced persons under Central PESA. However, the State PESA assigned such power to the Mandal Praja Parishad, denying any role for the gram sabha or gram panchayat.

The Central PESA empowers the gram sabha or gram panchayat to grant prospective licence or mining lease for minor minerals. However, the State PESA law gives primacy to gram panchayat in the place of gram sabha. Gram Sabha is endowed with the power of ownership over minor forest produce as per the provision of both Central and State PESA laws.

Contrary to these provisions, the AP PESA Rules 2011 empower the Girijan Cooperative Corporation to continue its monopoly over minor forest produce, thus transgressing the rights of adivasis. Panchayats at the appropriate level and the gram sabha are endowed with control over local plans and resources including Tribal Sub Plans. But the State PESA assigned this power to higher level Panchayat raj institution (PRI) Mandal Praja Parishad and Gram Panchayat negating the role of gram sabha.

Elections to the higher Panchayat Raj bodies like Mandal Praja Parishad are political and party-based. If key powers are given to higher level bodies, it would be easy for the ruling parties to manage the decisions of PRIs with their political clout and influence over such bodies.

But a gram sabha is a non political entity under the constitutional frame work of PESA Act. For example, a gram panchayat, ‘Pullangi’ in Maredumilli mandal in Andhra Pradesh, consisting of 11 habitations with around 1,050 voters, was notified as a single gram sabha by the tribal welfare department of Andhra Pradesh. This example is not an uncommon in the other agency areas of Andhra Pradesh.

The National Advisory Council also recommended constitution of gram sabha at the hamlet level. The Ministry of Panchayat Raj felt in its report (2010) that tribal people continue to be deprived of their rights including their right to self-governance as recognised in PESA.

The Seventh Report of the Second Report of the Second Administrative Reforms Commission(2008) felt that the implementation of PESA in letter and spirit is essential for containing left wing extremism. Major causes of extremism in the Schedule V Areas are indifference to the needs of the people in governance, distress caused by land alienation and displacement and lack of control over local resources as per the reports of Government of India.

Both AP, TS have to realise the importance of empowering the gram sabhas in tribal areas to usher in self-governance as envisaged by the Central PESA.