Model Answer

Introduction

The Forest Rights Act (FRA) of 2006 and the Panchayats (Extension to Scheduled Areas) Act (PESA) of 1996 are pivotal in recognizing the rights of forest-dwelling communities and promoting environmental conservation. These laws empower local communities in managing their resources sustainably, ensuring their participation in decision-making and conservation practices.

Key Aspects of the Forest Rights Act, 2006, and PESA 1996

Promoting Environmental Conservation

1. Empowering Forest-Dwelling Communities: The FRA provides forest-dwelling communities with rights over forest resources, fostering their role in sustainable forest management.
   • Example: In Mendha Lekha, Maharashtra, tribal communities successfully gained control over their traditional forests through FRA.
2. Conserving Biodiversity and Ecosystems: The FRA emphasizes biodiversity conservation by involving local communities in preserving ecosystems.
   • Example: The Bishnois of Rajasthan, empowered under FRA, have been instrumental in protecting endangered species like the blackbuck.
3. Recognition of Community Forest Rights: FRA also recognizes community forest rights, allowing communities to protect and manage forests collectively.
   • Example: The Dongria Kondh tribe in Odisha has used FRA to protect the ecologically significant Niyamgiri Hills.

Protecting Forest-Dwelling Communities’ Rights

1. Local Governance and Decision-Making: PESA ensures local governance, giving tribal communities a voice in decisions related to land and resource management, including forests.
   • Example: Tribal communities, under PESA, actively engage in forest resource management across various regions.
2. Cultural and Traditional Practices: Both acts respect indigenous practices, safeguarding sustainable environmental conservation methods.
   • Example: The Soligas in Karnataka preserve their sacred groves under FRA, which play a role in maintaining local biodiversity.
3. Protection Against Exploitation: FRA protects communities from exploitation and encroachment, contributing to the conservation of forest habitats.
   • Example: In Sariska Tiger Reserve, Rajasthan, FRA has helped prevent illegal activities, safeguarding the tiger habitat.

Limitations of the FRA and PESA

1. Implementation Challenges: Delays in recognizing rights and procedural hurdles impede the effectiveness of FRA in certain areas.
2. Legal Conflicts: There are instances where FRA conflicts with other environmental laws, particularly in ecologically sensitive zones, creating legal ambiguities.
3. Limited Gram Sabha Involvement: While PESA empowers Gram Sabhas, their actual involvement in decision-making is inconsistent, limiting their impact.
4. External Influences: The influence of external entities, such as mining companies, can undermine local decision-making processes, potentially harming forest conservation.

Way Forward

1. Strengthen legal frameworks to prevent external interference in local governance.
2. Promote awareness programs to educate forest-dwelling communities about their rights.
3. Harmonize FRA with other environmental laws to minimize conflicts.
4. Enhance implementation strategies to address procedural delays and ensure timely recognition of rights.

Conclusion

The Forest Rights Act and PESA are essential for balancing the empowerment of forest communities with environmental conservation. Their continuous refinement will foster a sustainable and equitable relationship between people and nature.

Model Answer

1. Over-reliance on Grants
A major issue faced by PRIs is their heavy dependence on grants from the central and state governments. As per an RBI report, approximately 95% of their revenue is derived from these grants. This makes PRIs financially vulnerable and limits their autonomy in decision-making and local development.

2. Weak State Finance Commissions (SFCs)
Article 243-I of the Indian Constitution mandates the creation of State Finance Commissions (SFCs) to recommend the devolution of funds to local governments. However, only 9 states have constituted their 6th SFC, and of these, only two are operational. The lack of effective and functional SFCs exacerbates the financial difficulties faced by PRIs by delaying and limiting the funds allocated to them.

3. Insufficient Tax Revenue
PRIs generate very little revenue through local taxes and fees. In 2021-22, their own revenue from taxes and fees accounted for just 1.1% of total revenue. This is due to a narrow tax base, low compliance rates, and weak enforcement mechanisms. Additionally, lack of awareness and clarity regarding tax rules contributes to the underperformance in tax collection.

4. Misuse of Funds
Instances of corruption and fund mismanagement are also prevalent. The absence of strong oversight mechanisms allows for the misuse of funds, as demonstrated by the diversion of Rs 1.58 crore from the Gannavaram Gram Panchayat (Andhra Pradesh) without proper approval. This undermines the financial stability and credibility of PRIs.

Steps to Enhance Revenue Generation for PRIs

To address these challenges, several measures can be implemented:

1. Strengthening Tax Collection
PRIs should adopt innovative approaches like partnering with Self-Help Groups (SHGs) for tax and fee collection. For example, Surquja Gram Panchayat in Chhattisgarh witnessed an increase in revenue by collaborating with SHGs.

2. Improving Transparency and Resource Efficiency
Enhanced budgeting, fiscal discipline, and transparent resource management can help reduce misuse of funds. Regular audits and monitoring mechanisms should be put in place to ensure proper utilization.

3. Revenue Diversification
PRIs can adopt best practices from other successful models. Bademarenga Gram Panchayat in Chhattisgarh, for example, implemented various initiatives to increase both tax and non-tax revenue, such as leveraging local resources for income generation.

4. Land Monetization
PRIs should identify unused land for development purposes, such as commercial projects, community centers, or markets. This can generate significant revenue and contribute to local infrastructure.

5. Strengthening SFCs
Regular constitution and empowerment of SFCs are crucial for ensuring fair and timely devolution of funds from the state to the local level.

By embracing these strategies, PRIs can enhance their financial independence and play a more effective role in rural development.

Model Answer

Challenges Faced by Gram Sabhas in Scheduled Areas

The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA Act) empowers Gram Sabhas to be central institutions of governance in tribal areas, aiming to ensure local self-governance. However, several challenges hinder their effective functioning:

1. Lack of Awareness: A significant challenge is the low level of awareness among Gram Sabha members about their rights and powers. This lack of knowledge often leads to underutilization of their authority, particularly in areas like land conservation, forest management, and welfare schemes (Source: PESA Act). Many tribal members are unaware of their legal rights, leading to poor participation in decision-making processes.
2. Geographical Isolation: Scheduled Areas are often geographically isolated, with poor connectivity and infrastructure. This isolation makes it difficult for people, especially those in remote villages, to attend Gram Sabha meetings, thus limiting their participation and representation (Source: PESA Act).
3. Bureaucratic Resistance: The entrenched bureaucracy frequently resists the devolution of powers to Gram Sabhas, which hampers their ability to function effectively. Bureaucratic interference in matters like land acquisition and resource management prevents Gram Sabhas from exercising full control as mandated by the PESA Act (Source: PESA Act).
4. Inequality in Participation: Gram Sabha meetings tend to be male-dominated, often excluding women and marginalized groups from meaningful participation. This lack of inclusivity diminishes the effectiveness of decision-making (Source: PESA Act).
5. Political Interference and Poor Implementation: Political interference can distort the functioning of Gram Sabhas, especially in areas like fund distribution and beneficiary identification. Additionally, the poor implementation of resolutions passed by Gram Sabhas often leads to ineffective governance (Source: PESA Act).

Measures to Enhance Effectiveness

To strengthen Gram Sabhas, several measures are necessary:

1. Awareness Programs: Conducting awareness campaigns to educate villagers about their rights and responsibilities will enhance participation and decision-making.
2. Improved Access and Inclusivity: Organizing meetings at the hamlet level and ensuring women’s participation through targeted efforts can help address geographical and social barriers.
3. Capacity Building: Training Gram Sabha members, particularly women, in meeting management, documentation, and advocacy will improve governance and resource management.
4. Transparency and Accountability: Implementing proper record-keeping systems and monitoring mechanisms can ensure that resolutions are followed through and the Gram Sabha’s powers are respected (Source: PESA Act).

By addressing these challenges and implementing these measures, Gram Sabhas can become more effective vehicles for local governance and sustainable development in tribal areas.

Model Answers

Evolution of Local Government in India

Local government in India has a rich history, with self-governing village communities existing as early as the formation of ‘Sabhas’ (village assemblies). Over time, these evolved into Panchayats that addressed local issues.

Historical Developments

The modern evolution began in 1882 under Lord Ripon, who initiated elected local government bodies known as local boards. The Government of India Act 1919 established village panchayats in several provinces, and this was furthered by the Government of India Act 1935. After independence in 1947, India adopted a centralized governance model, limiting local governments’ autonomy.

The 73rd Amendment Act

The 73rd Constitutional Amendment in 1992 significantly transformed Panchayati Raj Institutions (PRIs) with several key changes:

1. Three-Tier Structure: A uniform three-tier system was established, comprising the Gram Panchayat at the grassroots level, the Panchayat Samiti at the intermediary level, and the Zila Parishad at the top (Source: 73rd Amendment Act).
2. Elections: Fresh elections must be held within six months if a Panchayat is dissolved before its term ends, ensuring continuity (Source: 73rd Amendment Act).
3. Reservations: One-third of the positions in all Panchayat institutions are reserved for women, along with provisions for Scheduled Castes and Scheduled Tribes (Source: 73rd Amendment Act).
4. Transfer of Subjects: The 11th Schedule added 29 subjects for transfer to PRIs, though actual transfers depend on state legislation (Source: 73rd Amendment Act).
5. State Election Commissioners: States must appoint a State Election Commissioner to oversee Panchayat elections (Source: 73rd Amendment Act).
6. State Finance Commission: States are required to establish a Finance Commission every five years to evaluate local government finances (Source: 73rd Amendment Act).

Conclusion

The 73rd Amendment has solidified the role of local institutions across India, fostering increased public participation in governance and marking a significant achievement in the evolution of local government.