Tribal Groups Seek Dissolution of FRA-PESA Task Forces

Syllabus: GS2/Polity and Governance

Context

The constitution of a task force in Chhattisgarh to fast-track the implementation of laws such as the Forest Rights Act, 2006 and the Panchayats (Extension to the Scheduled Areas) Act, 1996, has led to controversy.

The task force was constituted to map potential areas for community forest resource rights claims under the FRA, reviewing pending claims, design strategies for PESA-related matters, and assist district authorities with implementation of the FRA.
Critics argue that these task forces subvert the basic democratic structure of implementation of PESA and FRA as the creation of task forces moves decision-making power away from village institutions and towards administrative and technical mechanisms.
- Adivasi and forest rights groups have called for the dissolution of task forces on FRA and PESA in Chhattisgarh and Madhya Pradesh.

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (Forest Rights Act or FRA) was introduced to recognize the rights of forest-dwelling communities, including Scheduled Tribes, over forest resources that they have been traditionally using.

Recognition of Rights: It includes individual and community rights such as Self-cultivation, Habitation, Grazing, Fishing and access to Water bodies in forests.
- It also includes Habitat Rights for PVTGs, Traditional Seasonal Resource access of Nomadic and Pastoral communities, access to biodiversity, community right to intellectual property and traditional knowledge.
Allocation of Forest Land: It also provides rights to allocation of forest land for developmental purposes to fulfil basic infrastructural needs of the community.
- In conjunction with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013 FRA protects the tribal population from eviction without rehabilitation and settlement.
Role of Gram Sabha: The Act further enjoins upon the Gram Sabha and rights holders the responsibility of conservation and protection of forests.
- The Gram Sabha is also a highly empowered body under the Act, enabling the tribal population to have a decisive say in the determination of local policies and schemes impacting them.

PESA Act, 1996 stands for the Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996.
It is a law enacted by the Parliament to extend the provisions of Part IX of the Constitution relating to the Panchayats to the 5th Scheduled Areas in a slightly modified form.
Under the Fifth Schedule of the Constitution, regions with predominantly tribal populations are categorized as ‘Scheduled Areas’, a territorial designation that recognises the customary rights of the Scheduled Tribes (ST).

Control Over Natural Resources: The Act grants tribal communities control over the management and utilization of natural resources, such as land, water, and forests.
Decentralized Decision-Making: The Act decentralizes decision-making to the Gram Sabha and Panchayats, enabling more localized and contextually relevant governance.
Land Rights and Preventing Alienation: By requiring that any transfer of land in Scheduled Areas must be approved by the Gram Sabha, the PESA Act provides legal safeguards against the alienation of tribal lands.

Strengthen Gram Sabha-Centric Governance: Ensure that implementation of the FRA, 2006 and PESA, 1996 remains rooted in the authority of Gram Sabhas, as envisaged by the laws. Task forces should play a facilitative role rather than a decision-making role.
Institutionalize Participatory Decision-Making: Include representatives of tribal communities, traditional forest dwellers, women’s groups, and civil society organizations in advisory and monitoring mechanisms.
Enhance Transparency and Accountability: Publish regular reports on claims processed, rights recognized, and implementation status.
- Establish independent grievance redressal mechanisms accessible to tribal communities.
Adopt Cooperative Federal and Constitutional Approaches: States should frame rules and implementation strategies consistent with constitutional protections under the Fifth Schedule and the spirit of tribal self-governance.

Effective implementation of FRA and PESA requires balancing administrative efficiency with constitutional principles of tribal self-governance.
Strengthening Gram Sabhas, ensuring community participation, and making task forces accountable to local institutions can help achieve both development and democratic empowerment in Scheduled Areas.

Source: TH

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