Implement PESA for a quick cure for Maoism - Centre to states

Panchayati raj secretary writes yet another letter to PESA states

brajesh

Brajesh Kumar | June 8, 2010


The Centre hopes PESA will take guns out of meetings like these
The Centre hopes PESA will take guns out of meetings like these

In the "development offensive" against the Maoists, the Panchayat’s (Extension to Scheduled Areas) Act (PESA) is the crucial weapon, but the states affected by leftwing extremism are doing precious little to implement this law -- so little that an exasperated centre has shot off one more letter to these states asking them to comply with the PESA rules and regulations.

The letter, written by panchayati raj secretary ANP Sinha last month, directs the secretaries of the PESA states to review their positions on the compliance of the Act. “I would request you to urgently review the position on the following issues in the light of ‘PESA compliance’ to ensure that most important needs and concern of the people are addressed,” he wrote on May 21.

PESA, enacted in 1996, provides for enacting panchayat raj laws for the 'Fifth Schedule' areas – tribal areas in Andhra Pradesh, Jharkhand, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Chhattisgarh, Orissa and Rajasthan. PESA provides for people-centric governance and peoples control over community resources and their life, with central role to the gram sabha.

The secretary in his letter asked the states to take "urgent action" on the following issues:

"(a) Activate Gram Sabhas in a Mission Mode and enable it to exercise its powers & functions including in relation to planning & implementation of Central/State schemes, grant of UCs and dispute resolution.

"(b) Ensure that complete information about the land to be acquired and impact of the proposed project, is placed before the Gram Sabha and its recommendations are generally followed.

"(c) Mandate SEC to delimit villages.

"(d) Incorporate definition of MFP, as provided in the Forest Rights Act, 2005, in all laws and rules. Undertake management of MFP with the consent of the Gram Sabha and in case MFP is collected by a para-statal organization, the net income should go to the people.

"(e) Enable the Gram Sabha, particularly women, to take decisions regarding the opening and continuance of liquor shops, sale of intoxicants, etc.

"(f) Furnish information as per the questionnaire for ascertaining the current status of implementation of PESA and taking follow up action.

“You would appreciate that the deepening and widening of extremism in PESA areas and vicinity, requires urgent action as proposed above,” the secretary concluded.

Earlier the secretary had written a similar letter in April deploring the poor implementation of PESA. “States have generally not framed rules under PESA. As a result the modalities for implementing the act have not been delineated clearly. Response to adoption of the draft model PESA Rules has been inadequate,” he had said in that previous letter to the PESA states.

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