A brief note on functioning of PESA in district of 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 , 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 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. It becomes a gigantic work for the Tribal volunteers to spread it in the villages and among the tribal leaders in terms of education on PESA and organize the tribal villages and in Scheduled areas.

PESA Act and Volunteers in Sundargarh: In Sundargarh district of Odisha, there are some volunteers to implement the PESA Act, as the State and district administrators did not show interest to implement it. Late Dr. B.D. Sharma, Mr. Dilip Singh Bhuria and Mr. Bande Oraon, who trained them, even if the government machinery do not implement the PESA, but as it is an Act/ Law passed in the and Rajya Sabha and even has the consent of the President, it is a law. It is exclusively law for the Schedule areas and the Tribals need to know, understand and implement it by themselves. It is a law within the Constitution. No government would oppose it……such were encouraging words from the mentioned leaders. Several times there were talks with the district collectors, SPs, Tehshildars, BDOs…..etc about the laws. Mr. Dilip Singh Bhuria used to say “ Na Lok Sabha – NA Rajya Sabha, Sabse uncha Gram Sabha. Hamara gaon me – Hamara Raj. Hamare gaon me- Ham Sarkar. Kagaj-kalam Tumhara, Jamin Hamara. Gaon ka Jhagda Gaon me niptae- Court Kacheri Koi na Jae.Kamane walla Khaega- Lootne wall Jaega- Naya Jamana Aega. …..etc….etc. Through Such meaningful slogans they used to encourage the people to take up the responsibilities to build up villages. He also used to say “No way the officers and any political leaders would interfere with Gram Sabhas. You implement it , even if the bureaucrats or state do not cooperate with you. If any officers oppose or say anti constitutional, anti national, then report it to the commission and legal action against such officers would be taken. They could be booked on Anti Constitutional and Anti National Activities….ect.” Such were encouraging words from the leaders. There were/ are many volunteers, who were and are inspired and working for the implementation of the PESA Act in the villages of Sundargarh district. In those days we had lots of meetings in the villages on PESA.There are over 500 such villages, where the PESA Act has been talked, people accepted and are abiding by themselves on PESA Act.

PESA ACT and PESA VOLUNTEERs: After listening to mentioned leaders, some volunteers sacrificed their time, money and energy and started organizing workshops on PESA and the traditions and social system of Adivasis. The social- culture and traditions go hand in hand with PESA Act. In the initial stage there used to be three days workshop for the trainee, so that they would understand the PESA Act and their own social system. On first day there used to be sharing on their own history, socio- culture and traditions. The second day there used to be analysis of Problems and situations. On third day, PESA interpretation and development. Thus after three long days and nights of training, they felt ; Yes, they understand PESA and it is good for them. PESA VOLUNTEERs and FINANCE: Since the Tribals are financially not well off, they used to bring along with them rice, dal and even vegetables. Rs. 25/ 50 would enough for the oil, cook, fire wood, hall charges…..etc. That’s how with minimum expenses the tribals used to organize the workshops among them selves and from village to village they used to organize workshops and were spreading the awareness on PESA Act. It was difficult, peoples mananged.

OBJECTIONS FROM DISTRICT ADNINISTRATIONS As the awareness was being spread all over the district, the district administration observed and felt PESA (Gram Sabha ) as threat to the administration and accused the activists as Paralal governance/Anti Constitutional / Anti National …etc. The police had its eye on them. The BDOs, Tehsildars…etc. were against it. They used to humiliate the PESA workers. As the bureaucrats were against the PESA, the elected representatives e.g ward members, sarpanches, zilla parishads members ; they too objected saying; it has no rules framed. Thus the bureaucrats and elected political leaders of whom are mostly the tribal themselves, objected about PESA.

It was tough time to go through all these phases, but few volunteers were strong enough, that PESA has been passed in the Lok Sabha and Rajya Sabha and has consented by the President; so we need not afraid of the Bureaucrats and political leaders. With these brave minds again the team continued. With the arrival of Forest Right Act 2006, it also affirmed the PESA Act. In one of the areas the Superintendent of Police came enquired from the leaders, asked the Gazzets and other sources…..etc. In some villages the volunteers were termed as Naxals. The top level officials some how felt threatened with PESA volunteers. The contractors also were threatened and they used to give wrong message to the administrators. Thus the contractors, the elected representatives ward members to Zilla Parishad members, the bureaucrats were one side and another side the PESA Volunteers. At times the situation was tensed. For the villagers used to apply the PESA Act. In the State Level, the bureaucrats were silence and practically there was NO talk on PESA. It is still silence in the Capital. NO one speaks or discusses on PESA and Fifth Schedule of the Constitution. Most of the bureaucrats are not even aware about it. If anything happens, the bureaucrats use police force and suppress the spirit of PESA and good governance.

Recommendations: There is strong value of equality, communism, cooperation, democracy…..etc human values in the Adivasi society. The governance among the adivasis are based on democracy and equality. There is no place for dominant and supremacy. If so, leaders will automatically will be rejected and isolated. Therefore the cut through completion like out side the world is not fit them. Therefore Fifth Schedule has been placed for all tribal areas sa as to govern and control special way by the governor and TAC. Keeping in mind the Fisrt Prime Minister of India late Mr. Jawaharlal Nehru has declared ‘Panch sheel’ for Adivasi development. Observing all these, I would propose the following.

1. First of all the Tribal Ministry and the Cabinet need to understand about the “Fifth Schedule” of the constitution. As per the governance is concerned, The responsibilities lie on the Governor and Tribes Advisory Council (TAC). No need of Chief Minister and other ministries are required for Fifth Schedule Areas. There need not be ward member, samitee member, zilla parishad member, Chairpersons, MLA….etc. The secret elections system are not acceptable by the Adivasis. The Administration in Scheduled Areas should be separate and be specific, and NO need to impose with different ministries and departments. NO collectors, BDOs, Tehsildars,or police….etc. are required for Fifth Schedule areas, (All these administration systems are for general areas). For SAs, Governor, TAC, Integrated Tribal Development Agency [ITDAs] offices are there. All need to be activated and need to function. 2. In Scheduled Areas- they have village Sabhas, Jati Sabhas and their leadership is with open voice and open consent, and do not believe in secret ballots. They have village Mukhyas/ Villages Panches. They have Jati Sabhas from village to National level. The Padha system, Manki-Munda- Manjhi system are very strong among some of the tribes. They take decisions on feasts, works, development. But all these systems are almost getting ruined by the State administration and leadership system. 3. Similarly, the leadership system is different among Adivasis. They have their own village leaders known as village Panches, Jati level their leadership which are from village to State and National level ladders are there. In many of the Jatis, they are quite strong and for many jaties the system is ruined in the last 69 years of independence.The strict election system does not help in Adivasi society. The leadership is decided openly with community voice or on consent, a real democracy. level it need not be the elected representatives who are of again main stream system of leadership . 4. The PESA Act has come up with the tribal social leadership and administration system. Gram Sabha is the centre of all human and community development. There is place for democracy and human rights. The leadership and administrations are directly with villages and community. PESA 4 (o) directs to have District Autonomous Council (DAC), which is already having with communities. The tribal communities have their ‘Darbars’, system (women, men and youths) which are almost law making body in the district and State level. 5. The Administration structure needs to be framed from lowest Gram Sabha, Intermediatory, District , Sate and National level, with office and local Adivasis and experts if they consider only. 6. The existing Gram Panchayat law which is Anti Constitutional need to be immediately scrape from Scheduled Areas in the country and based on PESA Act , a new Gram Sabha rule be adopted and steps be taken for implementation, where His Excellency The President of India, Honourable Governors, Tribal Ministry, National commission together with TAC, DAC, Intermediatroy, Gram Sabha be involved. As per other Acts, the State and Central governments make the rules for the implementation of the laws . But with regard to PESA after bringing little amendments in the Act, the legislatures of the States, have not touched the law. ii. The States did not come out with rules, even after 20 years of the law that was enactment. The States have shown their unwillingness towards the development of the Tribals and Schedule Areas of the country. iii. The bureaucrats (Non Tribals and Tribals) are against the PESA act, which is very clear. Our Conclusion i. Non Compliance of the provisions of Fifth Schedule of the Constitution of India after 68th year of indipendence ie., we lost our livelihood, freedom of Culture & dignified life ii. Preservation of Cultural Identity, due to imposition of market culture through state mechanism, we almost lost the cultural identity followed by means of dignified living and survival. iii. Why to keep Adivasi culture alive when all forces are trying to finish this? It is not because it is our requirement but, because this cultural practice and existance will make the world peace & prosperity to entire human being

With these backgrounds, having discussed and listen from such dedicated and committed citizens, I am bit pessimistic about the implementation of PESA and other good Acts and Laws in the country ,particularly on Scheduled Areas and Tribal areas and about their development by the governments and bureaucrats. If any good thing to do is to do by ‘SELF’ but based on the Constitution and the Acts and Rules. OUR Vision: To establish just society through implementation of constitutional provisions and by practicing the vibrant culture through PESA Act. ACTIVITIES: There is a need for formation of villages and Gram Sabhas according to the difinition of village according to the PESA in the Scheduled areas. The PESA Acts also proposes for a new Governance structure basically i- Intermediary level (Block and Sub-Division Level) and District level (District Autonomous Council ) 4 (o).

Structure of Gaon Sarkar: Formation of Village: Village:- As per PESA 4(b), village consist of families who are managing their dailly affairs in accordance with their traditions and customs. The boundary will be traditional boundary as far as they are using them for the need of Natural resources (NS) / community resources (in social maping it should be clear and also need higher level of mamnagement and control of NR as multiple villages are using the same NR). Community: Comunity should be understood one is ‘ village Community’ (Gram Sabha) Second is Ethnic communities. Because of multiple ethnic communities present in the village, within the traditional boundary we need to consider both. Priority for village should be maintained the homogenity. Resources: Resources may be broadly divided in two- 1. Public resources (School, Ponds, Forests, Gochar, Demul, Community hall,hill,river etc) 2. Community resources (Demul/Sarna, Grave yard,Kundi, etc of ethnic community and Church, Graveyards, Temple,) In case of village community and ethnic community are same then there will be one body. If multiple ethnic communities then we need to form more than one body and is required permission from all bodies if any dispute arrises. This means for multiple community in a village then, it needs more Sabhas to conclude a matter. The main activities we need to emphasis at village level will be Basic Infrastructure ie., Connectivity(Road, Electricity,water supply,OFC/Mobile tower), School, watershed, management of Natural resources and their management and another is resource sharing & dispute resolution may be resource sharing will come under dispute resolution Process of recognition of Ethnic Community & Village may be as follows: Self declaration of Ethnic identity and should be accepted by community and then accepted by other ethnic community. (Declaration format and data generation format for ethnic community, declaration of their structure & corresponding name of leaders) Gram Sabha: Self declaration as a village, then go for village declaration(3 copy-one for . Data generation formate, Social mapping(resource mapping), Regional Council: May be the resource centre for all activities in the village level in consultation with Gram Sabha.This may consist of 100 villages (Geographical areas of Zilla Parishad & Town units). Heads of all villages may consist the team/ committee. District Level: District Autonomous Council (DAC) Data Census is a must

Ist activity: Strengthening of Organizations: 1. Village Organization – Ethnic communities & village community/Gram Sabha 2. Regional council 3. Autonomous District Council Framing of bye laws (Understanding of Constitutional provisions and International law) with respect to Cultural practices of the Ethnic communities. Activities setting for Organization Secondly: Need and right base activities setting for the community (developmental plan & execution) As per PESA Act, according to many of Sundargarh Tribals, who feel -The following procedural and Standards are reqiured to fulfill the Act. 1. Declaration of villages 2. Social mapping of resources in their village territory. 3. Declaration of ethnic community (structuring of Ethnic Community as per UNDIR Art.33) 4. Census generation of the village. 5. Intermediate/ Regional Council formation & their activities setting 6. District level committee as per Sixth Schedule and to empower them 7. The district level team is required to monitor the process (Review of existing law/deprivations of rights ie, displacemet, Forest, Mines, Water, Land, Service, Other opportunities-contractory-construction and supply etc. The service delvery system of the government (Government schemes, Projects, documenting of Traditions & Cultural (Customary )practices of communities.....etc.) 8. Regional level team to take all kind of activities at grass root level and may be communicated to district level for law/rule framing. 9. District Level Ethnic Leaders Assembly 10.Fund raising (Expenditure of cases, office maintainance, leaders expenditure, capacity building for all level of leaders...... and so on) 11. Election: The community could make a decision either to select or elect their represetntative in different level. This is very important to note. It will minimise many of the conflicts in the area. 12.It also required higher level of networking with Tribal and non-tribal community for our survival and sustainability. 13.Economic Activities: It requires to address all ethnic community (Tribal and non- Tribal ie, mulnivasi) 14.Cultural Activities: (Social & dispute resolution- Criminal activities and their solution) Constitution of Village as per Sec.4(b) of PESA Act 1996 General Body Meeting and Resolution (1st Meeting Dated...... ) Today dated ...... time ...... AM at ...... Rev. Village...... PO...... PS.-...... Dist.-...... State of Odisha in the Presidenship of Mr./Mrs...... we the people of following habitations or hamlets a meeting and discussed the following matters and took the resolution to form a village as per Section 4 (b) of The Provisions of the Panchayats (Extension to the Scheduled Areas) Act 1996. 1. The hamlets participated are a...... b...... 2. That a detailed discussions were made regarding the Provisions of Panchayats (Extension to the Scheduled Areas) Act 1996, Known as PESA Act 1996. 3. That this Act of Parliament received the assent from the President of India on 24th December 1996. 4. Since the has not constituted the village as per provisions of this Act from 1997 till date under Sec.4 (b) 5. As per this Act if not implemented in its spirit within one year from the date of the assent of the President of India, then it is so motto effective in the Scheduled Areas. Hence the PESA Act 1996 is being effective from 25th December 1997. And hence we the people of above hamlets/habitations do resolve / declare/ Constitute as a village under Sec.4(b) of PESA Act 1996 and named as ...... and we will all abide and respect the decisions taken from this villages Gram Sabha. We also call it ‘Gaon Sarkar’. 6. The list of agreed family and their members are listed and enclosed. The remaining family may be included after their declaration to join and acceptance of the present Gram Sabha members 7. Traditional Boundary are (Geographycal location where people access their needs) c. East:- d. West:- e. North:- f. South:- 8. Selection of Office bearer to conduct the Gram Sabha as per Sec.4(c) (This executive/functional structure should be discussed in details to suit the purpose accordingly the designations should be explained) a. President/Village head/Head man/ Mukhia/ ...... s/o- w/o- d/o ...... b. Vice President/ Upp Mukhia/ c. Secretary/ (Register can be maintained by any present member and can be kept with Mukhia/ Head Man in his absence up-Mukhiya...etc) d. Joint Secretary/ e. Treasurer/ Kosadhakya/ Khajanchi/ f. Joint Treasurer/ g. Dakua/ Messenger/ 9. We will have a meeting at least once in a Month in emergency we may sit more than once 10.Activities undertakens are a. As per Art. 243 (G) and Eleventh Schedule of the Constitution of India b. As per the provisions of Section 4 of the PESA Act 1996 11.Members are all the villagers above 18 Years. 12.Decisions will be taken in consensus basis of member present in the Gram Sabha 13.All decision taken in earlier (emergency basis) Gram Sabha should be read out and accepted by members present. Any objection may lead to review of the decision. 14.A Pass book will be open in the name of President, Secretary and Treasurer. The cash will be withdrawn after the resolution of the Gram Sabha. The signatories for withdrawing shall be Treasurer and any one President/ Secretary. A maximum cash of Rs. 1000.00 (One Thousand) may be retained with Treasurer for contingency/emergency purpose and can be utilised by taking the concent from the President & Secretary. Emergency/Contingency expenditure should be regularised in next Gram Sabha. Finally President had given vote of thanks and concluded the meeting.

Date: ...... President Copy to: 1. The Chief Convenor Sundargarh Zilla Adivasi Mulvasi Bachao Manch 2. The Collector of Sundargarh 3. Superintendent of Police, / Sundargarh Note: After Finalisation of PESA Rule, all written matter may be communicated to appropriate authority. For the purpose of practice and finalisation of rule these villages were declared temporarily. Full fleged declaration will be done later. This is also useful for structuring & re-structuring process. Recognition of village will be done by adjacent villages, where they are sharing the commons. iv. Adibasihas Unique Governance Structure v. Destruction of Adibasi Governance by Aryas, Muslim, Hindu, English Rulers. vi. Independence of India: A Bondage Era for Adibasis Governance in Fifth Schedule and Scheduled Areas 1. Liberalization, Privatization and Globalization (LPG): Systematic exploitation / Extraction of Natural Resources from Scheduled Areas. 2. Development Induced displacement and destruction of Adivasis in Scheduled Areas 3. Party Politics: A Negative and Subjugate form for Rulers on Adibasis. 4. Projects and Schemes for Adibasis: Bon to the Dogs. A Genuine Participation of Adivasis in Planning, decision making and Execution of the same is Ultimate Politics/ Real Democratic Governance for Adibasis Development; A True Adivasi Self Governance .