Not PESA alone

Its not lack of legislation that stops tribals from having greater control over their resources ...

In line with its development offensive in Naxal-affected areas,the Centre signals that it would get cracking on the Panchayat Extension to Scheduled Areas PESA Act,in order to get recalcitrant states to grant tribals complete rights over minor forest produce. Enacted in 1996,PESA was a giant structural shift meant to empower gram sabhas vis-a-vis panchayat representatives and state civil servants to take the helm and protect community resources which include forest produce and water bodies,be consulted on land acquisition,mining projects,etc,and have the decisive say in all development projects intended for them.

Despite its clear need in Maoist-affected tribal areas,the act has been cheerfully disregarded. States rely on their own agencies which exclusively collect and trade such produce,and refuse to hike prices. The unspoken hope is that dismantling these systems would undo the grip of the contractors who buy the forest produce from tribals,and thus snip off the steady funds supply to Naxalites. Fifty per cent of forest revenues and two-thirds of forest exports come from such produce,which includes bamboo,sal seeds,tendu leaves,etc. Not only would the pay-offs to powerful intermediaries end,this would personally enrich forest dwellers and give them greater economic stakes in their land. It could give them real choices.

Thats a fine plan,but the record is not encouraging. After all,PESA has been around for more than a decade,but it has been persistently undercut by the states. Its own assumptions have worked against it gram sabhas are amorphous entities,not operational bodies,and are as vulnerable to manipulation and pressure. Many of these entitlements are unexercisable,and whats more,there are already strong and pointed laws to give tribals greater control and livelihood rights. The Forest Rights Act already gives them full rights to

minor forest produce. Yes,deepening and widening PESA entitlements is the way to go,but that may be about as empty as saying that it must aim to give greater power to the powerless.