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630STATUS-OF-PESA-ACT.Pdf A REPORT ON STATUS OF PANCHAYAT EXTENTION TO SCHEDULED AREAS ((PESA)) ACT 11999966 IN THE STATES OF ANDHRA PRADESH,, ORISSA,, JHARKHAND,, GUJARAT AND CHHATISGARH Submitted to: Planning Commission Government of India Yojana Bhawan, Sansad Marg New Delhi 110 001 Submitted by: P R Memorial Foundation DDA Flat # 210, Pocket - 13, Dwarka Phase I, New Delhi - 110 045 Telefax +91-11-25030685, Email: [email protected] Planning Commission Government of India Yojana Bhawan New Delhi 110 001 Evaluation of Status of Panchayat Extension to Schedule Area Act (PESA) in Andhra Pradesh, Gujarat, Chhattisgarh, Jharkhand and Orissa P R Memorial Foundation DDA Flat # 210, Pocket - 13, Dwarka Phase I, New Delhi - 110 045 Telefax +91-11-25030685, Email: [email protected] P R Foundation Planning Commission New Delhi Government of India Table of Contents EXECUTIVE SUMMARY 1 INTRODUCTION 7 1.1 Background 7 1.2 The Continued Change 7 1.3 An Innovative Step 8 1.4 The PESA Act 8 1.5 Present Study 9 1.6 Rationale of the study 10 1.7 Study Objectives 11 1.8 Key Parameters and Stakeholders 11 1.9 Methodology 13 1.10 Sample Design 14 1.11 Study Team 15 1.12 Study Limitations 16 2 TRIBE AND CHANGING SOCIO‐ECONOMIC STATUS OF TRIBAL COMMUNITIES IN SCHEDULED AREAS 17 2.1 Meaning of Tribe 17 2.2 Main Features of Tribes 17 2.3 Classification of Indian Tribes 18 2.3.1 Linguistically classified Groups 18 2.3.2 Geographically Classified Groups 19 2.3.3 Economically Classified Group 19 2.3.4 Classification on the basis of Cultural Contact 20 2.3.5 Classification by the Tribal Welfare Committee 21 2.4 Distribution of Scheduled Tribes and Major Scheduled Tribes in India 21 2.5 Tribal Population in India 23 2.6 Safeguards for Scheduled Tribes in Constitution 27 2.7 The constitution and Scheduled Areas 29 2.7.1 Creation of Scheduled Areas 29 2.8 Changes in Educational Status of Scheduled Tribes 32 2.9 Changes in Health Indicator of Scheduled Tribes 34 2.10 Changes in Occupation Pattern of Scheduled Tribes 34 2.11 Changes in Poverty Scenario of Scheduled Tribes 34 2.12 Schemes for the Development of Scheduled Tribes 35 2.12.1 Special Central Assistance (SCA) for Tribal Sub‐Plan (TSP) 35 2.12.2 Grants under Article 275(1) of the Constitution 37 2.12.3 Boys’ and Girls’ Hostels for Scheduled Tribe Students 37 2.12.4 Ashram Schools in TSP Areas 38 2.12.5 Scheme for Educational Complex in low Literacy Pockets for Development of Female Literacy 38 2.12.6 Scheme for Vocational Training in Tribal Areas 39 2.12.7 Scheme for Development of particularly Vulnerable Tribal Groups (PTGs) 39 2.12.8 Educational Development of Scheduled Tribes 40 2.12.9 Promotion of Voluntary Efforts 40 2.12.10 Schemes for the Financial Assistance to Scheduled Tribes 41 2.13 PESA and Central Government 41 3 ETHNOGRAPHIC PROFILE OF THE SAMPLED LOCALE OF THE STUDY 43 3.1 Jharkhand State 45 3.1.1 Tribes of Jharkhand 48 Status of Panchayat Extension to Schedule Area Act (PESA) in Andhra Pradesh, Gujarat, Chhattisgarh, Jharkhand and Orissa ii | Page P R Foundation Planning Commission New Delhi Government of India 3.2 Orissa State 52 3.2.1 Tribes of Orissa 55 3.3 Chhattisgarh State 56 3.3.1 Tribes of Chhattisgarh 57 3.4 Gujarat State 61 3.4.1 Tribes of Gujarat 62 3.5 Andhra Pradesh State 62 4 SITUATING TRIBAL SELF‐RULE (PESA) 64 4.1 Background 64 4.2 Nuances of the Act 64 5 IMPACT OF THE PROVISION OF THE ACT 67 6 PESA: THE PARADIGM SHIFT 71 6.1 Minor water bodies 71 6.2 Land Resources 72 6.3 Land Alienation 72 6.4 Land Acquisition 72 6.5 Minor Forest Produce 72 7 PESA: RELATION IN CONTINUAM AND OTHER ASPECTS 74 7.1 PESA and the State Legislature 74 7.2 PESA and the Community 74 7.3 PESA and the Customary System 74 7.4 PESA and Forest Right 75 7.5 Tribal Migration and Livelihood Options 76 8 PESA: DIFFERENCE IN THE LIFE OF TRIBAL AND CHALLENGES ON THE GROUND 77 8.1 Natural Resources 77 8.2 Left‐wing extremism in PESA areas 78 8.3 PESA and State Response 78 8.4 PESA and Jharkhand 79 9 CONCLUSION AND RECOMENDATION 81 Status of Panchayat Extension to Schedule Area Act (PESA) in Andhra Pradesh, Gujarat, Chhattisgarh, Jharkhand and Orissa iii | Page P R Foundation Planning Commission New Delhi Government of India List of Tables Table 1.1: Key Parameters for the Study............................................................................................... 11 Table 1.2: Stakeholders for Data Collection.......................................................................................... 12 Table 1.3: Details Tool/ Instruments for the Collection of the Qualitative and Quantitative Data ...... 13 Table 1.4: Coverage of Samples ............................................................................................................ 15 Table 1.5: Instruments Deployed and Stakeholders Contacted............................................................ 15 Table 1.6: Team Structure and the Roles and Responsibilities of the Core Team ................................ 16 Table 2.7: The Major Tribes in India............................................................................................. 22 Table 2.8: Distribution of STs Population in different States/UTs..................................... 23 Table 2.9: Number of Scheduled tribes Notified in States and Union Territories, 1991....................... 25 Table 2.10: Distribution ST Population from 1951 to 2001................................................................... 26 Table 2.11: Concentration of ST population across districts................................................................. 26 Table 2.12: No. of Districts State‐wise having more than 50 percent ST Population ........................... 27 Table 2.1: State wise Percentage of Scheduled Tribe Population under Fifth Scheduled. ................... 31 Table 2.2: State wise Percentage of Scheduled Tribe Population under Sixth Scheduled.................... 31 Table 2.3: Decennial growth rate literacy among Scheduled Tribes and General Category................. 32 Table 2.4: Dropout rates of Scheduled tribes at various stages of education. ..................................... 33 Table 2.5: Occupational classification of main workers (%).................................................................. 34 Table 2.6: Percentage of People living below Poverty Line (%). ........................................................... 35 Table 2.7: Total Plan outlay for tribal development.............................................................................. 37 Table 3.1: Sampled locations for the Study........................................................................................... 43 Table 3.2: Brief Profile of the State ....................................................................................................... 46 Table 3.3: Profile of Jamtara District ..................................................................................................... 46 Table 3.4: Brief Profile of Jamtara Block of the district......................................................................... 47 Table 3.5: Brief Profile of Narayanpur block of the district................................................................... 47 Table 3.6: Brief Profile of the State ....................................................................................................... 53 Table 3.7: Brief Profile of Sundargarh District....................................................................................... 54 Table 3.8: Brief Profile of Keonjhar District........................................................................................... 54 Table 3.9: Brief profile of Gujarat State................................................................................................ 61 Table 4.1: Comparative picture of the Act with central Vs. the sampled States .................................. 65 Status of Panchayat Extension to Schedule Area Act (PESA) in Andhra Pradesh, Gujarat, Chhattisgarh, Jharkhand and Orissa iv | Page Executive Summary P R Foundation Planning Commission New Delhi Government of India EXECUTIVE SUMMARY Since couple of decades, tribal communities have spearheaded the most remarkable struggle for social justice in the country. They were first amongst those who resisted British colonial interests much before the independence movement ‐ a contribution that (despite a few rare accounts of historic movements in a few regions) remains largely unrecognized. Predominantly living with India's forests and remote areas, they faced a steady assault on their livelihood. PESA is innovative because it legally recognizes the capacity of tribal communities to strengthen their own systems of self‐governance or create new legal spaces and institutions that can not only reverse centuries of external cultural and political onslaught but can also create the opportunities to control their own destiny. The Gram Sabha of the village becomes the focal institution, endowed with significant powers. For instance, under section 4(d) of PESA: "every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution." Parmeshwar Rajendra Memorial Foundation (PR Foundation), having previous experiences in conducting evaluations and other studies, has taken up this evaluative study in the sampled districts of five States ‐ Andhra Pradesh, Chhattisgarh, Gujarat, Jharkhand and Orissa. The Key objectives of the evaluative study are: to analyze the
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