PESA has boosted forest conservation in India

Syllabus: Environment and Ecology/ Legislations to protect vulnerable sections/ Indian Society: Tribals

Source: TH

Context: The Panchayat (Extension to Scheduled Areas) Act (PESA) empowered Scheduled Tribes by mandating political representation in local governance, thereby linking their livelihood needs with forest conservation.

What is PESA?

The Panchayat (Extension to Scheduled Areas) Act (PESA) of 1996 extended Part IX of the Constitution, which pertains to Panchayats, to Scheduled Areas. These areas, defined under Article 244(1), receive special provisions under the Fifth Schedule of the Constitution. PESA mandates political representation for Scheduled Tribes (STs) in local governance, ensuring they have a significant role in decision-making regarding their resources and livelihoods. This act applies in ten states across India, covering various districts under the Fifth Schedule, aiming to empower ST communities economically and environmentally.

Issues with conservation efforts in India:

The conflict in conservation efforts in India centres on balancing conservation with local resource extraction and economic development. The government often prioritizes large-scale economic projects such as mining and dam construction over forest conservation, driven by the interests of the political elite.

What are other laws which complement PESA?

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 (FRA) recognizes forest-dwelling communities’ rights to forest resources and allocates forest land for community development. It protects tribes from eviction without rehabilitation and empowers Gram Sabhas to influence local policies.

The Forest Rights Act (FRA) of 2006 and the Panchayats (Extension to Scheduled Areas) Act (PESA) of 1996 were enacted to recognize and protect the historical connection of these communities with the forests, these legal frameworks aim not only to prevent arbitrary evictions but also to empower these communities in the sustainable management of their natural resources.

Key aspects of the Forest Rights Act, 2006, and PESA 1996:

Promoting Environmental Conservation:

• Empowering Forest-Dwelling Communities: The Forest Rights Act recognizes and vests forest rights in the hands of forest-dwelling communities. By empowering these communities with ownership and access rights, FRA promotes sustainable forest management. g. In Mendha Lekha, Maharashtra, tribal communities utilized FRA to gain control over their traditional forests.

• g. In Mendha Lekha, Maharashtra, tribal communities utilized FRA to gain control over their traditional forests.

• Conserving Biodiversity and Ecosystems: The act emphasizes the conservation of biodiversity and ecological balance. By involving local communities in the conservation process, it contributes to maintaining diverse ecosystems. For instance, the Bishnois of Rajasthan, under the FRA, has played a crucial role in protecting the blackbuck, an endangered species.

• For instance, the Bishnois of Rajasthan, under the FRA, has played a crucial role in protecting the blackbuck, an endangered species.

• Recognition of Community Forest Rights: The act recognizes community forest rights, providing communities with the authority to protect and manage forests collectively. This communal approach fosters environmental conservation. g. The Dongria Kondh tribe in Odisha used FRA to protect the Niyamgiri Hills, a biodiversity hotspot.

• g. The Dongria Kondh tribe in Odisha used FRA to protect the Niyamgiri Hills, a biodiversity hotspot.

Protection of Forest-Dwelling Communities’ Rights:

• Local Governance and Decision-Making: The Panchayats (Extension to Scheduled Areas) Act emphasizes local governance and decision-making. In tribal areas, it ensures that communities have a say in matters related to land and resource management, including forests. g. observed in various parts of the country where local tribal communities, are under PESA.

• g. observed in various parts of the country where local tribal communities, are under PESA.

• Cultural and Traditional Practices: Both acts recognize the importance of traditional and cultural practices in environmental conservation. They safeguard the rights of indigenous communities to follow sustainable practices. g. The Soligas in the Biligirirangan Hills of Karnataka have preserved their sacred groves under FRA.

• g. The Soligas in the Biligirirangan Hills of Karnataka have preserved their sacred groves under FRA.

• Protection against Exploitation and Encroachment: The act protects forest-dwelling communities against exploitation and illegal encroachment. By ensuring the rights of these communities, FRA acts as a deterrent to activities that harm the environment. g. In the Sariska Tiger Reserve area of Rajasthan, the FRA has been instrumental in preventing illegal activities, contributing to the protection of the tiger habitat.

• g. In the Sariska Tiger Reserve area of Rajasthan, the FRA has been instrumental in preventing illegal activities, contributing to the protection of the tiger habitat.

The success of both acts in forest conservation:

Aspect | Details

Increase in Tree Canopy | Areas with ST representation under PESA and FRA saw an average annual increase in tree canopy by 3%, indicating positive impacts on forest cover.

Reduction in Deforestation | Implementation of PESA and FRA correlated with a significant reduction in deforestation rates in Scheduled Areas, enhancing conservation efforts.

Resistance to Mining | ST communities empowered by PESA and FRA showed increased capability to resist mining and large-scale commercial activities that contribute to deforestation.

Comparison with FRA | PESA demonstrated more substantial conservation impacts compared to the Forest Rights Act (FRA), highlighting its effectiveness in enhancing forest stewardship.

Limitations of the FRA and PESA:

• Implementation Challenges: Despite its intentions, the Forest Rights Act faces challenges in implementation, leading to delays in the recognition of rights. Procedural hurdles and lack of awareness limit the effective protection of forest-dwelling communities.

• Procedural hurdles and lack of awareness limit the effective protection of forest-dwelling communities.

• Inadequate Legal Protection: The legal protection provided by FRA may not be sufficient in instances where there is a conflict with other environmental laws. g. In ecologically sensitive areas, conflicts between FRA and wildlife protection laws have arisen, creating ambiguity in legal protection.

• g. In ecologically sensitive areas, conflicts between FRA and wildlife protection laws have arisen, creating ambiguity in legal protection.

• Limited Involvement of Gram Sabhas: While PESA empowers Gram Sabhas, the actual involvement of these local governance bodies in decision-making varies.

• Influence of External Entities: The act does not provide clear mechanisms to prevent the influence of external entities or vested interests in local decision-making. g. mining companies, have exerted pressure on local decisions, compromising the protection of forest rights.

• g. mining companies, have exerted pressure on local decisions, compromising the protection of forest rights.

• Limited Awareness and Capacity Building: Inadequate awareness and capacity building among forest-dwelling communities limit their ability to fully exercise their rights and actively participate in conservation efforts.

Way forward:

• Legal provisions should be strengthened to safeguard against external influences on local decision-making. Transparent mechanisms and checks and balances can help protect the autonomy of Gram Sabhas and forest-dwelling communities.

• Awareness: Government and non-governmental organizations should collaborate to conduct extensive awareness programs. These initiatives should focus on educating forest-dwelling communities about their rights under FRA and PESA.

• Efforts should be made to harmonize the Forest Rights Act with other environmental laws to prevent conflicts.

• Enhanced implementation strategies: Implementing agencies should adopt robust strategies to overcome procedural hurdles and expedite the recognition of forest rights.

Conclusion

The continuous refinement of these legislative frameworks will not only promote environmental conservation but also ensure the protection and empowerment of forest-dwelling communities, fostering a harmonious balance between conservation and the rights of those intricately connected to India’s forests.

Insta Links:

• Jharkhand issues PESA draft rules for consultations

Mains Link:

The PESA Act is considered to be the backbone of tribal legislation in India, in this backdrop do you think proper implementation of it can rejuvenate self-governance in the tribal pockets of the country? Analyse.