PESA’s Impact on Forest Conservation in India

Context

The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) has played a significant role in boosting forest conservation efforts in India by empowering Scheduled Tribes and giving them a political voice in managing and protecting forest resources.

Background

The PESA is specifically enacted to ensure the provisions of 73rd Amendment of 1992 in the scheduled areas. The Act accords legal protection to the tribal rights over natural resources such as the forests and preserves the rights of the tribes to protect the said resources.

Empowering Gram Sabhas

• Through PESA, Gram Sabhas are endowed with the authority in archiving and protection of traditions and cultural heritage, Indigenous people’s identity, inheritance, and their customary resource rights as well as dispute system.
• With such empowerment of Gram Sabhas, the tribal groups can now defend their rights in the usage of forest products and be involved in decision making in matters to do with forestry.

Recognizing Community Forest Rights

• The implementation of PESA, along with the Forest Rights Act (FRA) of 2006, has facilitated the process of recognizing individual and community forest rights.
• By recognizing these rights, tribal communities have gained the authority to manage and conserve forests according to their traditional practices and needs.

Reducing Conflicts over Mining and Development Projects

• On the other hand, PESA tries to equip the Gram Sabhas to resist the mining and all the other commercial ventures that cause deforestation as well as the displacement of the tribal people.
• Such provision has proven effective for avoiding situations when the conservation of endangered species and ecosystems negatively affects economic development projects that are economically beneficial for companies and political elites but socially disadvantageous to common people.

Promoting Sustainable Livelihoods

• Programs such as the MGNREGA have brought work so that tribal populations can get employment and develop local assets.
• These measures have helped minimise reliance on forests as the main source of the tribal income, thereby supporting the conservation of the resources.

Strengthening Community Participation

• PESA has empowered Gram Sabhas to be more active in the protection and management of forests as they have been trained on management inventory of forests and they have been empowered with tools like GPS.
• The involvement of the community has ensured that there is improved surveillance, and management of the forest’s resources.

Challenges and the Way Forward

• Despite the positive impact of PESA, there are still challenges in its effective implementation, such as bureaucratic apathy, lack of political will, and resistance to change within the forest bureaucracy.
• States must amend laws related to land acquisition, excise, forest produce, mines and minerals, agricultural produce market, and money lending to align with PESA provisions.
• Capacity building of Gram Sabhas and overcoming administrative hurdles are essential for the successful implementation of PESA and FRA.

Conclusion

The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) has been instrumental in boosting forest conservation efforts in India by empowering Scheduled Tribes and giving them a political voice in managing and protecting forest resources. By recognizing community forest rights, reducing conflicts over mining and development projects, promoting sustainable livelihoods, and strengthening community participation, PESA has played a crucial role in reconciling the contradictions between conservation efforts and the economic interests of local communities. However, challenges remain in the effective implementation of PESA, and continued efforts are needed to address these issues and ensure the long-term sustainability of forest conservation in India.

Source: The Hindu

UPSC Mains Practice Question

Q. Critically analyze the role of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) in promoting forest conservation in India. Discuss the challenges and successes of its implementation.

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