Mohammad Asif Siddiqui
Khandwa (Madhya Pradesh): Two-and-a-half years after its implementation in Madhya Pradesh, the Panchayats (Extension to Scheduled Areas) Act of 1996 (PESA Act) is empowering tribal communities in unexpected ways. Once focused on local disputes and regulating liquor sales, PESA committees are now directly confronting bigger threats, including the mining mafia.
However, asserting these newfound rights often puts them on a collision course with the local administration.
In Madhya Pradesh’s Khandwa district, a PESA committee is protesting against illegal murram mining, but has received little support from the administration.
In Dhawadi village of Khalwa tehsil, just 70km from the district headquarters, a road construction company, LEA Associates South Asia Private Limited, has been openly extracting murram from about 12 acres of grazing land. This land, under the Revenue Department, falls within the local panchayat’s jurisdiction, according to Dhawadi PESA committee chairman Barelal Karochi.
“On April 27, the company started mining with over 20 dumpers and five dozer machines. Villagers quickly mobilised to stop the operation but were informed by the contractors that they had permission for the mining from the government,” Karochi told 101Reporters.
In response, an emergency gram sabha was held the next day, and villagers decided that no mining will be permitted. The PESA committee informed the company officials, but their concerns were ignored, Karochi said.
On April 29, PESA committee members went to the mining site and demanded that work be stopped. It temporarily was stopped, but the tehsildar arrived at the company’s request and told villagers that the panchayat had already granted permission, and warned that anyone who interfered will face action.
The PESA committee then called for a meeting with the panchayat and administration, but neither officials nor company employees attended.
Ashutosh Singla, the PESA district coordinator, said that the gram panchayat had indeed given clearance to the company for the mining, which has continued since April 28.
The background
At the PESA’s core are tribal-dominated areas in Chhattisgarh, Jharkhand, Odisha, Rajasthan, Madhya Pradesh, Gujarat, Maharashtra, Himachal Pradesh, Andhra Pradesh and Telangana — all designated as Scheduled areas under the Fifth Schedule of the Constitution.
In Madhya Pradesh, PESA came into force in November 2022.
Under the PESA, powers of a village council are absolute. Its approval is necessary for land acquisition and other development plans. The tribal communities own and manage natural resources (water, land and forest resources, including minor produce) in the area, and the council monitors and implements laws in this regard.
The gram sabha has a say in the grant of prospecting licences or mining leases for minor minerals and in the grant of concessions for the exploitation of minor minerals by auction in the Scheduled areas.
A gram sabha has the mandate to uphold the unique tribal cultural identity. Hence, it also has the power to scuttle any development programme that affects vibrant tradition.
In districts where the PESA Act is implemented, the gram sabha automatically functions as PESA committee. To support these committees, mobilisers are appointed at the panchayat level, while coordinators are designated at both the district and janpad (block) levels to provide broader support.
The village council’s influence in the social sphere gives it the power to select beneficiaries of government schemes, act against moneylenders, protect rights of workers, monitor and grant permission for migration/arrival of labourers, and manage village markets.
Lack of support
PESA district coordinator Singla, whose role is to educate PESA committees about their rights and responsibilities, said a significant challenge these bodies face in the district is lack of administrative support.
“For any work involving mineral resources here, they (PESA committees) are not consulted.”
This implies the administration isn’t ensuring that gram sabha consent is sought before decisions on village resources are made. This lack of adherence to the Act’s provisions prevents PESA committees from operating effectively.
Singla cited the Dhawadi panchayat incident as an example. The panchayat there issued a no-objection certificate (NOC) for mining without obtaining permission from the PESA committee. When the committee tried to stop the mining, the tehsildar used the panchayat’s NOC to pressure them.
According to Singla, there are 155 panchayats in the district, but without consistent government support, they cannot make any significant impact. There’s a lack of coordination between the panchayat and PESA committee, he pointed out.
To understand why the panchayat issued an NOC for the mining project, 101Reporters tried to contact sarpanch Monu Ramfal Karochi in Dhawadi, but she was unreachable. Efforts to contact panchayat secretary Asif Khan were also in vain. He picked up his phone once and said he was in a meeting and would call back. He is yet to respond to subsequent calls.
Doubts remain
Panchayat mate Rakesh Ivne said that contractors’ claims that the panchayat provided the permission is not without doubts. “The contractor’s people are showing permission from the panchayat, but the Panchayat cannot grant permission without the gram sabha’s approval,” he argued.
The contractors are either misrepresenting the panchayat’s authority or operating with an approval that bypasses the mandatory Gram Sabha consent, he added.
For Karochi, the situation in Dhawadi village is an affront to PESA’s spirit. “The Gram Sabha has the right over the property of the village and it will decide how it should be used,” he said.
According to information provided by tehsildar Rajesh Kochle to additional collector KR Barole, the mining was approved based on a “no objection” received by the panchayat.
Kochle said that only some members of the PESA committee are against the mining. Karochi, however, denied this claim, saying that the “entire gram sabha” wants the company to not do any kind of mining there.
Dhawadi resident Sunita Kavade explained that the villagers are against the mining because of its severe environmental effects. Currently, the company is mining on five acres, but Kavade is expecting this area to expand. “The animals of the village go there to graze in summer. They are digging in 12 acres of land. Where will the cattle graze now?”
Small victories
Beyond the battles against illegal mining, PESA committees are quietly transforming life in these tribal villages, securing local resources and resolving long-standing disputes.
Rohit Gautam, a PESA gram sabha mobiliser appointed by the Tribal Development department, explained how the gram sabha is steadily growing in strength, ensuring village resources and revenue stay within the community. He cited an example from Deolikala village, where the gram sabha last year halted the auction of a village pond, preventing its exploitation.
The PESA committee has also set up a system to protect migrant workers. Every year, many from Dhawadi migrate for work, often exploited by contractors. For this, the committee implemented a mandatory contract system. Contractors must now deposit a fixed amount and a list of migrating villagers with the committee, detailing names, wages and work.
Chakara, a neighbouring panchayat, has adopted a similar system. For instance, a farmer from Karnataka deposited Rs 5,000 with Dhawadi PESA committee as part of a contract.
“Earlier, there were only verbal contracts. Contractors would give advance money and take labourers, often failing to pay the full amount.” Now, the committee collects a security deposit which is returned if the labourer is treated fairly. “Labourers have always been exploited, but after PESA Panchayats formed, we’ve started monitoring this closely,” Karochi said.
Shift in local governance
Two-and-a-half years ago, PESA committee election was held in Devlikala gram panchayat, in Khandwa district. Then, many elected members had little understanding of the Act. Only the panchayat secretary seemed well-versed.
Committees gradually gained awareness of their rights, enabling them to make significant decisions. In Dhawadi panchayat, after new elections following the death of its first PESA committee president, inactive members were removed which led to quicker and more decisive actions.
The PESA committee now plays a crucial role in village governance. In Dhawadi, for instance, PESA mobiliser Sulochana Karochi said no case has reached the police station since the committee became active in January 2023, all village matters are now resolved internally.
She cited a long-standing land dispute between an uncle and nephew that nearly turned violent. “The dispute was regarding the path to their respective farms,” Sulochana said.
The PESA Committee intervened, resolving it through mutual agreement. “Both parties agreed that they will not stop anyone from coming and going.”
The hearing process is transparent and community-led. “The gram sabha is announced by beating drums in the village,” Sulochana explained. “There’s a group discussion, and before a decision, voting is done by raising hands. The chairman takes the decision unanimously, and everyone accepts it.”
(Mohammad Asif Siddiqui is a freelance journalist and a member of 101Reporters, a pan-India network of grassroots reporters)
