Context:
A recent study has explored the relationship between representation and forest conservation in India’s Scheduled Areas.
- Findings indicate that empowering tribal populations with political representation and decision-making authority, as facilitated by acts like PESA, has significantly contributed to forest conservation efforts.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Key Findings of the Study
- About PESA Act
Key Findings of the Study
- Study Context:
- The authors conducted a comprehensive data-driven study focusing on the Panchayat (Extension to Scheduled Areas) Act (PESA), which ensures political representation for Scheduled Tribes (STs).
- Methodology:
- The research compared villages with mandatory ST representation in local governance to those without it. Additionally, it compared villages that adopted PESA early to those that did later, assessing deforestation and afforestation rates.
- The study employed a “difference-in-differences” framework to isolate the impact of PESA on forest cover.
- Satellite data was utilized to analyze forestation changes globally from 2001 to 2017, differing from traditional small-scale community fieldwork.
Key Findings
- Political Representation:
- PESA has provided STs with greater political representation, giving them a significant role in forest management decisions.
- Resistance to Commercial Activities:
- PESA has bolstered STs’ capacity to resist large-scale commercial activities like mining, resulting in a more substantial reduction in deforestation in PESA villages near mines.
- Conflict Incidence:
- The implementation of PESA has also led to an increase in conflicts surrounding mining activities.
- Forest Cover:
- The PESA Act contributed to an average annual increase in tree canopy by 3% and a decrease in deforestation rates.
- Economic Incentives:
- PESA has enhanced economic incentives for ST communities to protect forests, especially for non-timber forest products like medicinal plants and fruits, thereby improving food security.
- Comparison with Forest Rights Act, 2006:
- The study found that the Forest Rights Act, 2006 did not have additional conservation impacts beyond those achieved by PESA.
- Institutional Recommendation:
- The study advocates for a single institution capable of balancing conservation and development objectives, which would help navigate the complexities of aligning local economic interests with sustainable conservation practices.
About PESA Act:
- The provisions of Part IX of the constitution relating to the Panchayats are not applicable to the Fifth Schedule areas.
- The Parliament may extend these provisions to such areas, subject to such exceptions and modifications as it may specify.
- Under this provision, the Parliament has enacted the “Provisions of the Panchayats (Extension to the Scheduled Areas) Act”, 1996, popularly known as the PESA Act or the Extension Act.
- At present, ten states have Fifth Schedule Areas. These are: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan. All the ten states have enacted requisite compliance legislations by amending the respective Panchayati Raj Acts.
Objectives of the Act
- To extend the provisions of Part IX of the Constitution relating to the panchayats to the scheduled areas with certain modifications
- To provide self-rule for the bulk of the tribal population
- To have village governance with participatory democracy and to make the gram sabha a nucleus of all activities
- To evolve a suitable administrative framework consistent with traditional practices
- To safeguard and to preserve the traditions and customs of tribal communities
- To empower panchayats at the appropriate levels with specific powers conducive to tribal requirements
- To prevent panchayats at the higher level from assuming the powers and authority of panchayats at the lower level of the gram sabha
Why are rules under PESA important?
- PESA rules enable the residents of scheduled areas to strengthen their village-level bodies by transferring power from the government to the gram sabha, a body of all the registered voters of the village.
- The powers of gram sabhas include maintenance of cultural identity and tradition, control over schemes affecting the tribals, and control over natural resources within the area of a village.
- The PESA Act thus enables gram sabhas to maintain a safety net over their rights and surroundings against external or internal conflicts. Without proper rules, its implementation is not possible as it is an exercise in decentralising the power from institutionalised structures, back to the village residents.
- The laws, once formed, will give gram sabhas the power to take decisions not only over their customs and traditionally managed resources, but also on the minerals being excavated from their areas.
- The rules state that the gram sabha will have to be kept informed by any and all agencies working in their village, and that the gram sabha has the power to approve or stop the work being done within the village limits.
- The rules also give power to the gram sabhas over:
- Management of resources over jal, jangal, zameen (water, forest and land), the three major demands of tribals;
- Management of minor forest produce;
- Management of mines and minerals;
- Management of markets;
- Management of markets human resources;
- Monitoring and prohibition of the manufacturing, transport, sale and consumption of intoxicants within their village limits;
- Maintenance of peace and resolving conflicts arising in the village;
- Protecting tribal customs and traditions;
- Encouraging customs like ghotul.
-Source: The Hindu
