4 tribal villagers move HC, seeking directions to enforce PESA Rules

Cuttack: Alleging prolonged inaction in implementing the provisions of the Panchayats Extension to Scheduled Areas (PESA) Act, 1996, four tribal villagers have moved Orissa high court, seeking directions to the state govt to frame and enforce the long-pending rules under the legislation.

The matter is yet to be listed for hearing before the high court.The public interest litigation was filed on Wednesday by Purushottam Hikaka and three others, who are from scheduled areas in 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 operationalise the law by notifying the rules.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. It alleged that the delay has also facilitated exploitation of tribal land and mineral-rich regions by corporate entities and outside interests.The PESA Act, enacted on Dec 24, 1996, extends panchayati raj provisions to tribal-dominated scheduled areas and grants significant authority to the 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.The petition pointed out that although the Odisha govt published draft Odisha Grama Panchayats (Extension to Scheduled Areas) Rules, 2023, in the gazette on Nov 10, 2023, the rules are yet to be finalised.Seeking the court’s intervention, the petitioners prayed for directions to the state govt to frame and implement the PESA Rules within a fixed time frame.According to the petition, gram sabhas are also authorised to prevent alienation of tribal land and restore unlawfully transferred land.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.