A Brief Note on Functioning of PESA in Sundergarh District of Odisha Nicholas Barla Already 20 Long Years Are Over of the PESA Act Enactment (1996-2016)
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A brief note on functioning of PESA in Sundergarh district of Odisha Nicholas Barla Already 20 long years are over of the PESA Act enactment (1996-2016). We have observed very thin or ‘NO’ interest of the Governments and Bureaucrats in implementing the Act meant for the development of the Adivasis in the country. It is not only the PESA ACT 1996, in the that matter let us see, The fifth Schedule, FRA, LARR, POA or different articles that we have in the constitution , most of them are NOT looked in to and are not implemented. Only Indian politicians and Bureaucrats implement word by word is Art.370 of the Const. on Jamu and Kashmir State. If in the similar manner all the articles of the Constitution, the different Acts and Rules that are enacted for the citizens together with the Verdicts of Supreme Court and High Court Judgments would be implemented word by word, I see it would bring peace, harmony and growth of all citizen in the country including the STs of India, who are living in the interior pockets. In a way, most of these responsible Political leaders and Bureaucrats are knowingly or unknowingly Violating the Constitutional provisions and disrespecting the citizens. Introduction Many Sociologist, anthropologist, development agencies are interested in Adibasis and their life. Different intellectuals have different opinions on Adibasis. It becomes difficult to make a judgment or to arrive at one point on Adibasi development. Some have the idea, that Adibasis are uncivilized, illiterate, economically under developed. Some other consider- social and cultural development of Adivasis, some section consider, religious way they could make the development. The politician think the Adibasis need political empowerment. The NGO sectors think, they are in need of development and they propose different development models and make different projects and get huge amount of funds for the development of Adibasis. It looks, all are interested in Adibasis , but Adibasis themselves are not so keen on other’s development models. Or rather the Adibasis are made confused with all these propositions ! But, interesting aspect is , The Adibasis are satisfy with their given situation, they neither are bothered much about their future generation nor are demanding anything from so called advance group or government. Adibasis Historical Hypothesis It is very important to study on the historical existence of Adibasis. There are different theories and sources on the existence of the adibasis. Out of many, the two , one ; That the adibasis have migrated from Midle east Africa and the second that the Adibasis are the original peoples of India. The experts try to establish their own hypothesis according to their findings. One of the independent theory asserts that the “Adibasis are the original peoples of India itself.” They say, the Mohenzodarro and Harappa civilization belong to this Adibasi peoples. The Aryans, from Euresia came as shephereds and attacked these civilization and destroyed . The experts try to defend this theory, which is very strong. Latter, the Adibasis went to Forests and Hills to protect themselves from the attacks and loots of the Aryans. The Aryans found out their own ways to infilter among the natives, captured them through different means and pushed them away. The Mohenzodaro and Harrappa civilization was totally destroyed. The civilization was almost ruined. No proof was left, who had build up the civilization. It was only during the British rule in 1920 AD, the Anthropological and archeological department some what begun the findings , but due to lack of real interest of the government, the discovery and findings were withheld and remained unfinished. But, it is interesting to note some of the findings and similarities of housing, use of utensils , ornaments, design of the houses ….etc. indicates the similarity that of the Adibasis society , may be of the Santals or Gonds. In this regard it is very important to note that Judgement of the Supreme court of Criminal Appeal No. 11/2011, (crl)no.10367 of 2010. In its No. 19, it says “ Thus Bhils are probably the decendants of some of the original inhabitants of India known as the ‘aborigines’ or Scheduled Tribes (Adibasis), who presently comprise of only about 8% of the population of India. The rest 92% of the population of India consists of descendants of immigrants. Thus India is broadly a country of immigrants like North America.” No. 25 says “ The original inhabitants of India may be identified with the speakers of the munda languages, which are unrelated to either Indo- Aryan or Dravidian languages.” This has totally brought a drastic change of the theories that were promulgated earlier. Therefore Adibasis asserts it , declaring themselves as “Bhumiputras and Bhumi Putries”. This school calls themselves also as ,Adibasis; meaning, (Adi + Basis) the original inhabitants of India or as is called the Indigenous peoples of the country. This thoughts is being popularized in many of the Adibai Scholars and intellectuals from their social, cultural, traditional, politico and linguistic similarities. Adibasi with Unique Socio- Cultural and Traditional Practices: Adibasis as a whole have unique socio- cultural, politico, faith and economic concepts and structure. It could be found in the history and also present village system. Tana Bhagat of Gumla , Present Jharkhand said “ Bhagwan ne Dunia ko banaya, Ham Bhagwan ke Bache hein; Khet ham Banaya; To yeh- Sarkar Kanha se Aya?”. This speaks volumes of Adibasi governance system. There are over 600 different linguistic groups of Adibasis in India. But each group are having their unique system of governance and village/ community management system. Each group is having their own social and customs. Their cultural practices are similar but may be different. Many of the songs and dances are similar with some differences. The making and use of utensils, daily needs are almost similar. Earlier they knew making cloths. The weaving of cloths were almost similar with little difference. Food habits from agriculture and forest produces were almost same. Other groups, Non Adibasis almost did not know all these. They depended on some one else. But Adibasis, were self Sufficient and Self dependent. The celebrations of birth, puberty, marriage, death …etc. ceremonies almost are same. The feasts and festivals are unique among the Adibasis, which are not found with other cultural groups. Thus in general one can say, that the social, cultural and traditional practices are unique among the Adibasis. The general peoples have their own system and many of the things do not match with Adibasis. It also marks their behaviors, attitudes, expressions, thought patterns and over all global aptitudes are very unique from other races and other cultural groups. Without wasting time on theories on Governance in 5th Schedule and Tribal Areas and Tribal Development, I would like to narrate the struggles of Adivasis in implementing the PESA Act in Sundargarh district by the peoples themselves in Odisha. I was closely associated with Dr. B.D. Sharma , Mr. Dilip Singh Bhuria and Mr. Bandi Oraon (Ex. National Commissioners and Vice Commissioner of ST ) since 1997. I was also fully involved in Proposing /drafting/advocacy on FRA Act 2006, where Dr. B.D Sharma and Dr. K.B Saxena were the National conveners. I find 3 major problems in the governance system for implementing PESA i. Political Leaders and PESA Act ii. Bureaucrats and PESA iii. Tribals and PESA Act. Political Parties and PESA Act: The Non Tribal political leaders and the Bureaucrats are having difficult to understand the socio-cultural and political structures of the Tribals as a whole. The political leaders and the parties in the Schedule States, have either NO political will or knowingly ignore implementation of the PESA Act, as it is exclusively of the , for the and by the Tribals specifically or it could be said their traditional governance system ( ASelf Governance System). Therefore though the parliament passed the PESA Act, No political leaders and parties ever talked about it, nor evaluated about this law in the State level. Though with Left wing Extremism, in the last UPA government they emphasized for implementing the PESA Act, however it was not materialized. Bureaucrats and the PESA Act: Though in governance system the bureaucrats are suppose to implement the laws, but; most of the bureaucrats are Non tribals. They have also no depth knowledge about the tribals, their socio- cultural and traditions…etc. and their problems. As normal routine work they continue the responsibilities. They do not work or do not implement the PESA for Schedule areas , the bureacrats won’t be affected. Tribals face the problems or not, it does not matter to them. They will not give special interest to implement the PESA as it is exclusively for the tribals, which is clear in the past 20 years. Tribals and PESA Law: I find at least the tribals in the schedule areas should take interest for the implementation of the PESA Act. But, as most of the tribals who are educated have left the villages , are engaged in some small jos in the towns. The illiterates tribals are at villages who neither know to read nor write are at home. Even they have strong traditional leaders, but are not literate. They need to know and understand the PESA and its provisions. They need to know the integrity of Tribal socio- cultural- traditions in PESA Act. In the villages No one is there to educate them and to organize them. The volunteers might work, but they also need financial support, which is also a big problem. Tribal Volunteers and PESA: There are some individual tribals who have read the law, understand the law, know something about PESA, but do not know how to implement.