Alleging prolonged inaction in implementing the Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA Act), four tribal villagers from Odisha's Scheduled Areas have moved the Orissa High Court. They seek directions to the state government to frame and enforce the long-pending rules under the legislation.
Details of the Public Interest Litigation
The PIL was filed on Wednesday by Purushottam Hikaka and three others from Rayagada, Kandhamal, and Koraput districts through advocate Anup Kumar Mohapatra. The petitioners, all dependent on agriculture and forest produce for livelihood, contended that despite the enactment of the PESA Act nearly 30 years ago, Odisha has failed to operationalize the law by notifying the required rules.
Impact of Non-Implementation
The petition stated that the absence of PESA Rules has deprived tribal Gram Sabhas of powers guaranteed under the Constitution for self-governance and protection of community resources in scheduled areas. The petition alleged that the delay has also facilitated exploitation of tribal land and mineral-rich regions by corporate entities and outside interests.
Provisions of the PESA Act
The PESA Act, enacted on December 24, 1996, extends Panchayati Raj provisions to tribal-dominated Scheduled Areas and grants significant authority to Gram Sabhas over land, water, and forests. The legislation empowers village assemblies to safeguard traditional customs, cultural identity, and community assets, besides giving them powers to regulate local markets, money lending, intoxicants, and minor forest produce.
Pending Rules
The petition further pointed out that although the Odisha government published draft Odisha Grama Panchayats (Extension to Scheduled Areas) Rules, 2023 in the Odisha Gazette on November 10, 2023, the rules are yet to be finalised. Seeking the court's intervention, the petitioners prayed for directions to the state government to frame and implement the PESA Rules within a fixed timeframe. The matter is yet to be listed for hearing before the high court.
Alienation of Tribal Land
According to the petition, Gram Sabhas are also authorised to prevent alienation of tribal land and restore unlawfully transferred land. However, due to non-implementation of the Act in Odisha, these provisions remain ineffective in several tribal regions.
Coverage of Scheduled Areas
While Mayurbhanj, Sundargarh, Koraput, Malkangiri, Rayagada, and Keonjhar are fully covered under Scheduled Areas, districts such as Sambalpur, Boudh, Kandhamal, Ganjam, Kalahandi, and Balasore are partially covered.
