Collapse of Adivasi self-governance system in Jharkhand: Need to implement PESA

Relevance: Reviving tribal self-governance system

Synopsis: The PESA Act is considered to be the backbone of tribal legislation in India. Proper implementation can rejuvenate self-governance system in Jharkhand.

Background

During most of the time in history, Adivasis had their own federal governance system. These decision-making processes were considered people-centric and democratic. The administrative systems during the colonial period and elected parliamentary democracy after independence affected this Adivasi governance system to a great extent.

• For example, the introduction of the Bihar Panchayat Raj System (BPRS) in 1947 made Adivasi traditional governance systems weak.

This was aggravated by industrialization, displacement of Adivasis and urbanisation. As a result, the traditional system disappeared from most Adivasi areas. Also, the PESA Act, which was supposed to uphold the traditional decision-making process, has so far not been fully implemented in its true spirit.

Traditional governance system of Adivasis: Village Council

• The Adivasis were not a part of the caste society. They had their own system of governance, which was, unlike the caste system, non-hierarchical.
• Every tribal village had a village council as the basic unit for self-governance.
• The names are different in different tribes though. For example, ‘Parha Raja System’ for Munda and Oraon tribe, ‘Munda Manki System’ for Ho tribe.
• These forums used to act as the decision-making bodies for all matters related to administration, justice, law making (social Sanctions). Consent from the whole village was considered to be the main component of this decentralised decision-making process.

Issues with traditional governance system

Though this traditional system of self-governance helped make the Adivasi communities decide for themselves, it had several loopholes too.

• Absence of women in this entire process of decision making.
• The chiefs of the traditional self-governance system of tribes in Jharkhand would be selected hereditarily. No woman was allowed to be the chief at any level.
• This system also denied women’s right to own property.

Introduction of PESA

• To promote local self-governance in rural India, the 73rd constitutional amendment was made in 1992.
• Through this amendment, a three-tier Panchayati Raj Institution was made into a law.
• However, its application to the scheduled and tribal areas under Article 243(M) was restricted.
• After the Bhuria Committee recommendations in 1995, Panchayat Extension to Scheduled Areas (PESA) Act 1996 came into existence for ensuring tribal self-rule for people living in scheduled areas of India.
• The PESA Act conferred the absolute powers to Gram Sabha, whereas state legislature has given an advisory role to ensure the proper functioning of Panchayats and Gram Sabhas.

PESA violations

• Out of 22 provisions in the PESA, Jharkhand has taken only seven of them and replaced the fifteen provisions by the general administrative norms of the Panchayat system for non-Scheduled Areas.
• PESA in Jharkhand remained partial in terms of the special rights that the Adivasis of Scheduled Areas in Jharkhand should enjoy.
• The partially implemented PESA has worsened self-governance in Adivasi areas in Jharkhand.
• Ananth and Kalaivanan (2017) stated that PESA did not deliver due to the lack of clarity, legal infirmity, bureaucratic apathy, absence of a political will, resistance to change in the hierarchy of power, and so on.
• Social audits conducted across the state have also pointed out that in reality different developmental schemes were being approved on paper by Gram Sabha as a vetting entity without actually having any meeting for discussion and decision making.
• Hardly any regular meetings of Gram Sabha are conducted.

Way forward

• PESA recognises the traditional system of the decision-making process and stands for the peoples’ self-governance.
• If it is implemented in letter and spirit, it will rejuvenate the dying self-governance system in the tribal area of Jharakhand.