Jiten das
The recently concluded Panchayat Election in Jharkhand has not only left number of unanswered questions but also cropped up new challenges for the tribal state. One side government has been patted their own back for the successful conducting of the election but other side it made the tribal people more vulnerable.
The people of this land, who have been struggling to save their Forest-Land-Water since independence, now get another setback. In the name of de-centralization of the power from state legislation to grass-root legislation (read as Panchayat), the voice of protest against forcibly acquisition of their natural properties like Land-Water-Forest has been trying to manage.
Dampening the spirit of potent act PESA
The Panchayat Extension to Scheduled Areas (PESA) Act provides special provision for function of Panchayats so as to protect and promote the tribal interests in accordance with the spirit of the scheduled areas as enshrined in the constitution. Earlier, there were collective rights of the tribal people to decide about their Forest-Land and Water. It is the rights they inherit from their fore-father. They have been protecting it through their own system of governance. But, through this election, Government tried to de-recognize their traditional system. It is evident from the word ‘Consultation’ in place of ‘Permission or consent’ mentioned in the PESA. The Gram Sabhas in the PESA Act are central pillars of governance entrusted with significant role and substantive powers. However, the state legislations, perhaps by design, through a twist of legal language have taken away powers from the Gram Sabhas.
However, the actual implementation of the Act tells an entirely different story. The state legislations have omitted some of the fundamental principles without which the spirit of PESA can never be realised. For instance, the premise in PESA that state legislations on Panchayats shall be in consonance with customary laws and among other things traditional management practices of community resources is ignored.
Ground realities
The PESA act not only managed on the paper. It is evident on the ground during election. The pumping up of un-imaginable amount of money in local body election is another area of concern. The question is quite evident that ‘who spent on whom and why?’ There have been 104 MoU signed in last 10 years. But none of the MoU grounded. There have been stiff resistances in Khoonti district against steel giant Arcellor Mittal. There have been resistance in Potaka, West SinghBhumi against Bhushan Steel, Jindal Steel, Essar, RPG.
There has been pressure on the state government to implement all projects. The main stream parties like Congress, BJP and others sponsored the candidates on large scale. Where they couldn’t reach they tried to lure other candidates by money. Those industries, which were waiting from number of years to start their works, spent crores of rupees, distributed four wheelers to influence the election in their own favor.
Another amendment of PESA acts in favor of non-tribal evident here. In the notified scheduled Panchayat, Mukhiya seats are reserved but Dy. Mukhiya seats are un-reserved. They are trying to put their ‘own men’ in that place so it helps in soften the resistance against any acquisition. They have been pumping huge money for this post. An activist-Journalist Dayamani Barla, a vocal voice in Jharkhand who led the tribal movement against steel giant Arcellor-Mittal, expressed her apprehension that it would soon evident these Dy Mukhiya replace the tribal Mukhiya in collusion with administration and easily handover the natural resources to companies which sponsored them. It was evident from this fact of Ama Panchayat. The tribal group ‘Adivasi Moolvasi Astitva Raksha Manch’ had won 7 seats out of 9 seats. This group has majority to elect own Dy Mukhiya. But the rest two want to put their men as Dy Mukhiya. They have been ready to pay even 2 lakhs for this post!
Role of Maoists in this election
This election helped the Maoist to deepen its roots. They use Guns and Bullet to answer the Money power. In this way Maoists got sympathy from the tribal’s who found themselves helpless in front of money power. There were number of candidates in Gumla District, Khoonti District backed by Maoists and they elected without any opposition.
Some unanswered question
Why the spirit of PESA damped in this election? Is it not true that parallel initiatives started by the state government undermining the traditional system of governance? There is Manki-Munda system, Parha system and other system existed. The whole Jharkhand movement was based on the revival of these traditional systems which is now undermined. Who is responsible for it?
Except few cities like Ranchi, Jamshedpur, Bokaro, and Dhanbad, the tribal’s are in majority. Their population are varies from 40% - 60%. Under PESA act only 112 blocks are notified as Schedule areas. The rest blocks de-notified even there were sizeable population tribal’s population residing. It is another big challenge for the Government and tribals to how to meet out this problem in near future.
It could not be a good sign the way people and villages were divided during the election over the rights of their resources.
