Know about Indian PESA Act 1996 & the politics behind its implementation in Chhattisgarh

The Chhattisgarh government enacted laws that were amended under the PESA Act, 1996, calling it the Chhattisgarh Panchayat Provisions, 2021. The draft laws were circulated to departments before the MLA meeting convened by Panchayat Minister TS Singh Deo for the last time. Wednesday. These draft rules are expected to be tabled in Cabinet soon, following amendments to the department’s proposals.

What is the PESA Act, 1996? Why are its laws being made in the state now?

The Panchayat (Extension of Organized Area) Act1996 or PESA Act 1996, was passed by the Institute to ensure self-governance by gram sabhas (home meetings) for people living in designated areas. It officially recognizes the right of international communities, the citizens of organized communities, to govern themselves through their own systems of governance, and also to respect their traditional rights over natural resources. To this end, PESA empowers grammar sabhas to play a key role in accelerating development programs and regulating all sectors of society. This includes policies and personnel implementing policies, regulating small forest resources (non-timber), small water and mineral resources, managing local markets, preventing land fragmentation and controlling drugs among other things.

The provincial governments were required to amend their various Panchayat Raj Rules without enacting any law that would be inconsistent with the PESA mandate.

Why are the rules under PESA important?

The PESA rules enable residents of organized areas to strengthen their district-level bodies by transferring power to the state to gram sabha, the body of all registered district voters. The powers of gram sabhas include maintaining cultural and cultural identity, controlling schemes that affect nations, and managing natural resources in the region.

The PESA Act 1996 therefore allows grammar sabhas to maintain a safety net over their rights and their environment against external or internal conflicts. Without proper legislation, its implementation does not take place as it is a function of devolving power to established structures, returned to the rural population.

Legislation, once enacted, will give grammar sabhas the power to make decisions not only on traditionally managed resources and resources, but also on mineral resources in their areas. The rules state that gram sabha will need to be kept informed by any organizations operating in their area, and that gram sabha has the power to authorize or suspend work carried out within local boundaries.

The laws also give effect to gram sabhas over the management of resources over jal, jangal, zameen (water, forest and land), the three major national needs; small forest products; mines and minerals; markets; and human resources. Gram sabha will have the potential to monitor and prevent the production, trafficking, sale and use of intoxicating drugs within the boundaries of their environment. It also has the task of maintaining peace and resolving disputes that arise in the area, while protecting national traditions and customs, and promoting ghotul-like cultures.

Where is Chhattisgarh in this process? What’s next for the draft laws?

In November 2020, Singh Deo hosted the first of a series of meetings in Chhattisgarh Cancer, representing representatives of more than 15 tribal palaces from five states. The meeting hosted by the department, along with Sarv Adiwasi Samaj, was the first step in drafting the rules.
After meetings with representatives, the department held consultations with experts in the field, other departments, etc.

The framework has been developed based on this consultation, which has been submitted to departments and shared with Members of Parliament and Members of Parliament representing the designated areas. Following their response, the draft will be presented to the prime minister and cabinet. After Cabinet passes the laws, it will be tabled in the Legislature for debate. Once the Legislature has passed legislation, the governor will have the power to make laws.

What is the politics behind the PESA Act 1996?

The nations of Chhattisgarh have long demanded the enactment of PESA laws, as it will give them more power over their resources.

With regard to mineral resources in government, the PESA rules will strengthen grammar decisions more than those of the central and provincial governments. Sarv Aadiwasi Samaj, in its last few protests, has demanded that the government bring laws under PESA.

While the Panchayat department is still working on the draft rules, the country planning commission formed a special PESA team in August, which held several meetings.

The cold war between Prime Minister Bhupesh Baghel and Singh Deo in place of the CM has made PESA controversial, as sources close to the two ministers say they are working on reform laws. However, the panchayat door won that round, as the frame had spread to other departments.

At a meeting called by Singh Deo after his phone call to party leader Sonia Gandhi was announced on Wednesday, only four members of parliament and one member of parliament attended, despite the fact that more than 30 were invited. It appears that Singh Deo is facing opposition to the long-awaited implementation of PESA, which is the result of a dispute between the two leaders over the CM position.