Chhattisgarh starts process of framing rules to implement PESA Act

Chhattisgarh’s panchayat and rural development minister TS Singhdeo met tribal leaders and other representatives of panchayats in Kanker district to discuss framing of rules

The Chhattisgarh government has started the process to frame the rules to implement the Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA Act.

Chhattisgarh chief minister Bhupesh Baghel. (File photo)

Chhattisgarh’s panchayat and rural development minister TS Singhdeo on Wednesday met tribal leaders and other representatives of panchayats in Kanker district to discuss framing of rules for PESA Act.

Singhdeo told HT that after consultation, the rules will be tabled in the assembly in the budget or monsoon session for notification.

Since the PESA Act was passed, six states – Andhra Pradesh, Telangana, Himachal Pradesh, Maharashtra and Gujarat – have made rules while Chhattisgarh , Odisha, Madhya Pradesh and Jharkhand have yet to do so for implementation of the Act.

“The Cabinet’s consent will be taken before the notification by state assembly,” said Singhdeo .

“ The rules will focus on empowering gram sabhas. Secondly, their ‘cultural identity’ will be protected through these rules. The management of gramb sabha for mining consultation etc; will also be taken under consideration...The idea is to strengthen gram sabhas through these rules,” he said.

Activists and tribal leaders believe that it is welcome step by the state government and the rules should be framed as soon as possible. “Not having exclusive rules for PESA in the state is like having a boat without rudder. The excuse that necessary legislative action has been incorporated to implement PESA is a half-truth. Having separate legislative tool to monitor, supervise and execute provisions of PESA is a must. However, those states which drafted the PESA rules have also watered down the spirit by adding several absurd clauses,” Vijendra Ajnabi, a member of Chhattisgarh Van Adhikar Manch, said.

The convener of Chhattisgarh Bachao Andolan , Alok Shukla, said PESA Act was enacted to empower the gram sabha, but sadly even after 25 years, its rules were yet to be made.

“Because of this , continuous violation of this law is being done across the state and country. Till now, only six states have made rules and Chhattisgarh government starting the process is a welcome step. Although the law is in force, the administration has been misusing it, citing the absence of rules...This Act is about decentralisation of power but nobody wants the gram sabha to be empowered,” he said.