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PESA And Forest Conservation: A Detailed Study

Jaagruk Bharat

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Updated: 04-07-2024 at 12:36 PM

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Deforestation has been a core environmental issue faced by India. With the rapid development taking place in the country, the burden on natural resources has increased considerably. The forest cover is slowly disappearing due to rapid deforestation. Forests are the major reliance of industries to procure timber and land. 

While there are Corporate Social Responsibility guidelines mandating replantation of the forest cover that has been cleared, such guidelines remain majorly on paper. According to Global Forest Watch, India has seen a deforestation of 2.33 million hectares since 2000, leading to a 6% decrease in tree cover. 

A recent study has highlighted how the Panchayats (Extension to Scheduled Areas) Act has boosted the forest conservation efforts in scheduled areas of India. 

What Is The PESA Act? 

The Panchayats (Extension to Scheduled Areas) Act or PESA Act of 1996 was enacted to promote political representation of Scheduled Tribes in scheduled areas as a measure to restore traditional methods of governance. 

The Act promotes self-governance for the native tribal people or ‘adivasis’ of scheduled areas. The administrative changes made after independence had impacted the local governance systems of such tribes to a huge extent and harmed their ecological and cultural habitat. 

 It provides for the formation of Gram Sabhas in tribal villages to increase political governance and provide more hold over decisions on administrative decisions. The decision-making process of these areas before governmental control used to be taken collectively. There were establishments within the village systems that acted as the parliament, administration and judiciary. 

To restore these matters and to protect the habitats of scheduled tribes and give them more autonomy, the PESA Act was introduced. 

Provisions Of The PESA Act: Powers And Responsibilities

The PESA Act forms the backbone of tribal legislation in India. It was brought into effect after the recommendations made by the Bhuria Committee in 1995 to implement trial self-rule for people living in scheduled areas.

The powers and responsibilities conferred by the Act are:

  • Gram Sabhas with absolute powers were made in these areas. 

  • The State Legislature has been given an advisory role. The power of gram sabhas remains independent and absolute to ensure self-rule. 

  • Consultation of gram sabhas in matters involving land acquisition, resettlement and rehabilitation of displaced persons is mandatory. 

  • They are hubs of local dispute resolution.

  • Prevention of land alienation is to be undertaken by them. 

  • Matters related to forests, water bodies and lands in the areas will be looked after by them. 

  • Funds will be transferred by the legislature to enable gram panchayats to undertake their functions effectively. 

The following image depicts the Scheduled Areas in India:

PESA Act And Forest Conservation: Key Findings

A recent study published in the American Political Science Review has drawn a connection between the promotion of political representation of Tribal people through the PESA Act and forest conservation. The study ideates that such self-governance has resulted in better forest conservation efforts and results. Let us have an analysed look!

  • The PESA Act has increased the representation of STs in the governance process and empowered them by having a say in the preservation of scheduled areas and their traditional lifestyle. 

  • Deforestation processes in villages near mines have reduced significantly due to the decision making powers of the Gram Panchayats in Scheduled Areas. Moreover, mining activities in certain regions have been barred entirely by these Gram Panchayats, in turn conserving the natural sphere. 

  • Tree canopy in Scheduled Areas has increased at least by 3%. Deforestation in these areas has decreased significantly. 

  • By giving ownership control over forest produce to these communities in these areas, PESA has provided them with economic incentives and boosted the forest conservation and food security process. 

  • The study very strongly suggested that the Forest Rights Act, 2006 did not have any impact on the forest conservation process. Rather, the PESA Act has contributed more to this process. 

The findings of the Study safely conclude that such institutions have a better hold over the forest conservation and natural habitat preservation processes. 

Conclusion

The study has shed light on the slow process of forest conservation in India by providing a comparative analysis between normal governance systems and those promoting self-governance within a nation along with national and state assistance. Moving forward, the findings of the study need to be given emphasis and worked upon to boost the process of forest conservation in India. 

To learn more about the study, you can access it here. For queries, grievances and complaints, reach out to the Ministry of Environment, Forest and Climate Change at 011-20819220.

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