A case study of PESA Gram Panchayat in East Godavari District of Andhra Pradesh
Dr Palla Trinadha Rao.
This paper argues that small efforts of a dedicated team in support of the key tribal leaders in the villages of Scheduled V Areas can create wonders in implementing the Panchayat Extension to Scheduled Area (PESA) Act and also help to see the effective functioning of Gram Sabhas in the local governance.
The Scheduled Area of Andhra Pradesh spreads over in 5 districts, Srikakulam, Vijayanagaram, Visakhapatnam, East and West Godavari Districts. The Scheduled Area of East Godavari Districts comprises 7 mandals- Addateegala, Devipatnam, Gangavaram, Maredumilli, Rajavommangi, Rampachodavaram, and Y.Ramavaram, excluding newly annexed 3 mandals of Kammam District after constitution of new State-Telangana. The total population of the Scheduled Area comprising 7 Mandals is 2, 18,385, of which Scheduled Tribes population constitute 72 percent as per 2011 census. Important adivasi communities of the district are Konda Reddis, Koya Dora, Konda Kammara, Valmiki, Mannedora and Konda Kapus. Among these the Konda Reddi are Particularly Vulnerable Tribal Group (PVTG).
PESA Gram Panchayat-Pullangi, is a PVTG habitat of roughly 1400 Kondareddi inhabitants in the Mandal of Maredumilli Mandal, located in the Schedule V Areas of East Godavari District. There are 11 habitations in Pullangi Gram Panchayat. Pullangi Panchayat has 8 wards and the adivasi families in the Panchayat villages depend mostly on NTFP collection such as hill brooms, tamarind, mango, honey, tubers, and seeds for their livelihood. They cultivate small millets on the hills lopes and also hillbrooms which is locally known as “podu” lands.
The case in hand shows that how the Gram Sabhas are functioning effectively as a unit for local governance under the Panchayat Extension to Scheduled Area(PESA) Act 1996 in Pullangi Gram Panchayat. Andhra Pradesh Government had brought the State PESA legislation in the year 1998 and Rules were only made in the year 2011. The PESA rules aim to bring the institutions of Governance closer to the members of Gram Sabha. PESA Rules again brought a new momentum in the legal frame work of local governance. These rules provide an opportunity to the members of Gram Sabha and elected representatives to play different roles in various development and regulatory regime. Some of the provisions under PESA Rules framed are against the provisions of the PESA Act such as continuing the monopoly power to Girijan Cooperative Corporation (GCC) over minor forest produce.
As per the PESA Rules 2011, Gram Sabhas have to be notified by the Commissioner of Tribal Welfare to kick start actual implementation of PESA Act. The Tribal Welfare Commissioner notified the Gram Sabhas under the Rules in the September 2013. One year after its notification of Gram Sabhas, the district level officials had declared the GSs in the Scheduled Areas of both Telangana and Andhra Pradesh for implementation of PESA Act. However there are several demands for amendments to the notification issued by Tribal Welfare Commissioner. The major opposition is that the GSs were not notified as per the definition given for a “village” under the Section 4 of PESA Act. The “Village” shall ordinarily consist of a habitation or a group of habitations or a hamlet or a group of hamlets. Further every such village shall have a Gram Sabha. By passing this provision, the Tribal Welfare Commissioner notified the Gram Sabha at Gram Panchayat level in some areas, while GS for 3 to 5 habitations without specifying any rationale instead at habitation level as per the provisions of PESA law. For instance the Tribal Welfare Commissioner notified single Gram Sabha for the entire GP-Pullangi covering 11 habitations spreads over 20 to 30 km. radius. The implementation of PESA Act in Andhra Pradesh is thus against the letter and spirit of law.
However the case of Pullangi Gram Panchayat is very interesting. The Gram Sabhas have started functioning without waiting for either Govt. Guidelines or Rules for operation of law. Gram Sabhas have been geared up to function as a units for local governance at the bottom level covering various fields including various development programmes, decision making in respect of resource management, record keeping, motivation and communication etc. However the Rules brought subsequently provided legitimacy and recognition of competency of the GS.
Capacity Building
The implementation of rules also depends on the levels of awareness and assertiveness of members of Gram Sabha and Elected Representatives, including government functionaries. There is no much awareness among the tribal communities on the powers and functions of Gram Sabha and Panchayat under Rules. Laya, a NGO, based in Visakhapatnam has been working with tribal youth in Schedule V Areas of Andhra Pradesh. Laya has provided special training to the local tribal youth of Pullangi GP on the role of Gram Sabhas under PESA Act, business procedure of GS including maintenance of registers, recording resolutions etc. The trained adivasis are expected to bring awareness among the other members of the Gram Sabha.
Role of Functional Committee and Convergence Efforts:
Gram Sabha is constitutionally regarded as a unit for local governance. The members of Gram Sabha attend the GS and take part in the decision making process to address various issues arising out of habitation level micro plans and pass resolutions. The implementation of decisions will be ineffective unless some members of Gram Sabha should follow up at concerned departments for action.
There is change in the practice of representing issues to the Government Officials after GSs have started functioning. The resolutions of Gram Sabha highlighting the various issues of community and its submission to the concerned officials for solutions, instead of giving representations , usually signed by a few persons, providing greater impact.
In the beginning, multiple committees were formed based on interests of user groups (Natural resources, Infrastructure, and Livelihood issues etc.) at habitation level. Since the potential leaders are very few in number and available in habitations, they formed multiple functional committees in the GP which gradually turned in to a lose network. Some villagers have become the members for all committees. So the strategy adopted to reduce multiple committees to one functional committee at habitation level, merging all the committees have started giving a good impact and increased accountability to the functional committee.
The convergence among the groups and interface with the concerned GS is also very important element for effective local governance. GSs are promoting the participation of members of different government floated groups such as DWACRA, Forest Rights Committees, Vana Samrakshana Samithis, Education Committees, Mother committee, in the GS meetings. The convergence has resulted in to approval of individual socio economic entitlements like income generating Schemes etc. The participation of various group leaders in the Gram Sabhas is helping for quick and more effective decisions at the Gram Sabha. The convergence is helping to secure recognition of the role of Gram Sabha in local governance.
Impact of Convergence efforts:
Pullangi GP in convergence with grassroots revenue functionary Village Officer and Village Organization and Mandal Federation of Indira Kranthi Padham (IKP) facilitated interest free loans of Rs. 50000/ to 5 adivasi beneficiaries in Chelakavedhi village. Similarly a loan facility of Rs.50000/ to adivasi woman Kalugula Mangamma to run a Kirana shop in the same village.
The Gram Sabha of Gundrathi in convergence with Village Tribal Development Authority (VTDA), got sanctioned a Girijan Cooperative Marketing Society building in the village. Gram Sabha discussed with VTDA about the need of building a godown to store the collection of minor forest produce.
Membership in the committee of Gram Sabha is helping for better coordination and convergence between the Gram Sabha and other functional groups. The role of the functional committee of Gram Sabha is also visualised as a bridge role between the Gram Sabha and the concerned department officials in the process of implementation of resolutions.
Micro plans:
Micro plans are developed at habitation level by the Gram Sabhas. Micro plans reflect needs of the community. This micro plan also sets the agenda of Gram Sabha for discussions and for future course of action. Gram Sabha meetings are organized to update the needs and prioritization of needs of the community mentioned in the Micro Plans. There are 10 Micro Level Plans developed by GSs in Pullangi GP. The elected Vice President and Secretary of Gram Sabhas in Pullangi GP have their designated rubber stamps to correspond with the government officials. The stamped resolutions are drawing a special attention of the Government Departments and considering the correspondence of GSs as official and interestingly the Project Officer, Integrated Tribal Development Agency, Rampachodavaram, East Godavari is responding to the resolutions. The response from the ITDA is building the confidence among the members of Gram Sabhas.
Interface Meetings:
Tribal potential leaders from various habitations organised an interface meeting with officials of line department to discuss about several pending issues and also bring updated issues. I witnessed one such meetings held in Akumamidikota in Maredumilli Mandal 2 years back, wherein a meeting was attended by forest, mandal development officers, revenue, minor irrigation officers, medical officers etc. on the instructions of PO,ITDA and also several adivasi leaders from GSs of Pullangi GP and its neighbouring villages. Officers collected 188 representations concerning various community issues. The PO,ITDA categorised the felt needs department wise and directed the concerned to attend the issues and comply the report. This kind of interface meetings with the government officials is proved to be helpful to narrow the gap between the Government Institutions and Local Governance Units.
Thus the socio, economic plan generated from time to time through the exercise of Micro Level Plans and decisions on the issues at Gram Sabha and further bringing the same to the notice of government departments and its follow up through interaction and lobbying tactical meetings at Integrated Tribal Development Agency( ITDA) and Mandal Level are also yielding positive and meaningful results in the local governance. However the tardy action of the government officials in dealing with the issues and lack of perception on the constitutional role of Gram Sabha under PESA Act is becoming a hassle to achieve the full targets.
Best practices of Gram Sabhas: Ban on sale or consumption of liquor
PESA Act empowers Gram Sabha to take decision on consumption of liquor. Gram Sabha of Gumpenagandi in Gram Panchayat(Pullangi),exercising the powers, has decided to contain the brewing of country liquor and consumption of liquor in the village. The Gram Sabha has discussed about the consumption and preparation of country liquor, and its adverse impact on the people. The Gram Sabha has passed resolution to ban the sale or consumption of liquor, or inward transport from other villages. Any person violating the resolution of Gram Sabha is liable to pay a fine amount of Rs.50/. No villager will attend any function or ceremony in his or her house if Gram Sabha resolutions are violated repeatedly. The enquiry in the village reveals that there has been no event of liquor sale or consumption reported in the village, after it was banned by the Gram Sabha.
Best practices of Gram Sabhas: Settlement of disputes :
PESA Act empowers Gram Sabha to resolve disputes through community mode of dispute resolution. One adivasi woman Sadala Chilakamma complained to the Gundrathi Gram Sabha of Pullangi GP stating that her husband used to come home intoxicated and harassing her. The issue was discussed by GS in the presence of Chilakamma and her husband Sadala Somireddy. The Gram Sabha admonished Somireddy by giving a warning and let off, affirming that if he continues harassing he will be fined. Now both husband and wife are leading family life without any complaint. Her husband has obeyed the resolution of GS.
Community Mobilization for MFP rights:
Villagers in Pullangi GP has been mobilized, demanding the Girijan Cooperative Cooperation to purchase the hill brooms or permit the minor forest produce collectors to sell outside for a better price. About 100 adivasis who are primary MFP collectors of hill brooms demonstrated protest before the ITDA, Rampachodavaram, East Godavari District, demanding for implementation of the provision of PESA Act which ensures the ownership of GSs over MFP. The case of adivasis is that they procured 2 lakh hill brooms and stocked for sale. GCC is not coming forward to purchase saying that their procurement target is met. In response to the memorandum submitted by adivasis the Project Officer, ITDA gave an order permitting adivasis from Pullangi Panchayat to sell hill brooms outside. However the forest department started objecting saying that the permits to be obtained from Forest Department to transport the MFP. Then the adivasi leader and former Sarpanch of Pullangi GP- Andala Mangireddy convened a meeting with primary collectors and formed a committee” MFP Collectors Committee” for effective implementation of PESA Act. In pursuance of achieving the goal the committee filed a Public Interest Litigation in the High Court of Andhra Pradesh challenging the actions of both GCC and Forest Departments in restraining adivasis to dispose of their MFP collections. The High Court of Andhra Pradesh in WP No 12493/2012 directed the Forest Officials not to interfere with the tribals in selling their minor forest produce collection to outsiders.
The direction of High Court helped adivasis in Pullangi GP to sell their MFP collection outside for a better price. The order of High Court also created lot of confidence among the members of GS. In fact the GCC is paying only Rs. 30 -32 Rs for a bundle of hillbrooms. With the resolution of Gram Sabhas in Pullangi GP, adivasis now could sell each bundle at Rs.50 or above in neighboring towns in the plain area.
Proposal for Community Lawyer at GP:
The members of Gram Sabhas in Pullangi GP have recently proposed an idea to select a local tribal person who can play the role of a community lawyer. The major role of the community lawyer is visualised as a bridge between the Government Departments and the GSs or GPs as the case may be in articulating the rights of adivasis ensured under various Statutory Laws and also strengthen the advocacy and lobby with the concerned departments to realise of their rights. As per formal agreement every member of the GS in GP-Pullangi has to contribute Rs 5/- per month towards the remuneration of the community lawyer. The GS of Chalaveedhi and Pamulamamidi proposed to open a joint bank account with Sarpanch and Vice president of GP to deposit the contributions in that account. The community lawyer is accountable to GSs and GP. The GP has proposed to seek help from NGOs and Government Organisations to strengthen capacities of the community lawyers through imparting knowledge by involving him through trainings and information, all required to work in the field.