"Amrit Mahotsav" of Independence Vs "Silver Jubilee" of PESA
A contrast for tribals of fifth schedule areas
This year and the year after the central government is celebrating Amrit Mahotsav of Independence. It would be 75 years of India’s independence on 15th August 2022. People residing in Fifth Schedule Areas of the country are also celebrating this Amrit Mahotsav by participating in various programs being organized. However, there is another reason for them to celebrate apart from this. The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (fondly known as PESA Act), turns 25 on December 24, 2021. Therefore the Adivasis have dual occasion to celebrate: Amrit Mahotsav along with the Silver Jubilee of PESA Act.
Every festival is an occasion for happiness. But there is apprehension and fear in the minds of people of fifth schedule areas regarding this Amrit Mahotsav and Silver Jubilee. A recurring question for them is, "should we celebrate or not?" Have these two festivals really brought prosperity or are they occasions to ridicule them after gradually handing over their water-forest-land resources in private hands?
If we look at 75 years of independence, till date none of the innocent people living in the forests have been able to understand any of the provisions and laws written throughout the history of these democratic years. Why so? Because the tribal community does not have any system of written constitution and law. They follow unwritten constitution and laws through their oral traditions. However when they look through hundreds of written laws passed by successive governments in the last 75 years which touches upon the unwritten laws of water, forest, land, culture and livelihood of the tribal, the only name that comes to their mind is PESA.
PESA, which came into force on December 24, 1996, on its silver jubilee today is providing everyone with an opportunity to ponder whether the freedom that everyone got 75 years ago also got fully extended to the tribal and the residents of the Fifth Schedule areas. Or rather it is an opportunity to ponder about the ways and means through which the freedom enjoyed in the past has also been slowly being snatched away from them through successive skullduggery of every government that ruled this country.
In the last 25 years of enactment of PESA out of 10 states of central India, where it is applicable, its rules have not framed for Chhattisgarh, Madhya Pradesh, Odisha and Jharkhand. It is a matter of wonder how the law, whose rules have not been made, would have been implemented in these states in last 25 years. For rest of the states too, the rules have been framed only in the last decade. The central government and the state governments should answer on what they have done for last 25 years in absence of rules.
It is therefore imperative for us to raise at least 25 questions from our side for these last 25 years. Both the central and state government will have to answer these. Perhaps while answering them, they would be able to reflect on what steps they have taken so far to make Panchayati Raj system an autonomous institute of self governance as written in Article 40 of the Constitution. If the governments are not able to answer then we are bound to doubt their intentions.
For last 25 years, the tribal society and every society living in the Fifth Schedule areas has been fooled by governments who have toyed around with the idea of PESA. These societies now need to fight their own battle on the road, in the panchayats, in the state assemblies and in the Parliament along with a parallel fight in the courts to realize their constitutional rights enshrined in PESA. Else for the next 25 years again they will again be toyed around with in the process and there wouldn’t be any Fifth Schedule Areas left in next 25 years which this humane law intends to protect.
Ashwani Kange
Social Thinker
Kanker, Chhattisgarh Mo.7000705692
