How the PESA has boosted forest conservation in India

How the PESA has boosted forest conservation in India

Sub: Polity

Sec: Legislation in news

Policy Approach to Conservation in India:

• India faces conflicts between conservation and resource extraction by local communities, and conservation versus economic development.
• The state’s approach has been inconsistent, often favouring big capital over local communities due to centralised political power.
• Conservation efforts tend to be top-down, leading to loss of access to traditional forest lands for local communities.

Proposed Policy Solution:

• Mandated political representation for marginalised communities boosts both forest conservation and their economic interests.
• There should be a combination of decentralisation and democratisation, where local communities have actual decision-making power in resource management.

Methodology:

• The study draws on the Panchayat (Extension to Scheduled Areas) Act (PESA), passed in 1996, which mandates representation for Scheduled Tribes (ST) in local government councils in Scheduled Areas.
• The authors use a “difference-in-differences” framework, comparing villages with and without mandated ST representation and tracking forest cover changes using remote-sensing data from 2001-17.
• This paper uses “remote-sensing microdata that has recently become available from satellites such as LANDSAT, Sentinel, and DMSP.”
• They use two such datasets — the MEaSURES Vegetation Continuous Fields (VCF), and the Global Forest Cover (GFC) dataset for 2001-17.

Findings:

• Mandated ST representation led to an average increase in tree canopy by 3% per year and a reduction in deforestation rates, particularly in areas with more forest cover initially.
• The positive impact on forest conservation began only after the introduction of PESA elections with ST quotas.
• The paper finds that prior to PESA, areas close to mines experienced higher rates of deforestation. But the introduction of PESA elections led “to a greater reduction in deforestation for PESA villages close to mines”.
• The study found that the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) had no additional conservation impact beyond that of PESA.

Mechanisms:

• Empowered ST communities had economic incentives to protect forests, opposing commercial timber and mining.
• Increased ST representation enabled resistance to mining and large-scale commercial operations, reducing deforestation near mines.

Conclusion

• Mandated political representation for marginalised communities is effective for conservation.
• A single institution empowering marginalised voices is better for balancing development and conservation goals.
• The study offers promising evidence for policymakers to protect the rights and welfare of forest-dwelling ST communities while achieving conservation objectives.

What is the PESA Act 1996, and why was it enacted?

• The Panchayats Extension to Scheduled Areas (PESA) Act 1996 was brought in as a response to the long-standing demands of the tribal communities in India for greater autonomy and control over their own affairs.
• Enacted on 24 December 1996 to enable tribal self-rule in fifth schedule areas. The Act extended the provisions of Panchayats to the tribal areas of Fifth Schedule states.
• The PESA Act drew inspiration from the provisions of the 73rd and 74th amendments of the Indian constitution.
• It aimed to provide greater autonomy to the Scheduled areas, which are predominantly tribal in nature, and protect their rights over land and forest.
• The PESA Act gives special powers to the Gram Sabhas in Scheduled Areas, especially for managing natural resources.

What are the significant provisions of the PESA Act?

• Gram Sabha: The PESA Act establishes the Gram Sabha, a forum for the participation of the community in the development process. The Gram Sabha is responsible for the identification of development projects, the preparation of development plans, and the implementation of these plans.
• Village-level institutions: The Act provides for establishing village-level institutions to carry out development activities and provide basic services to the community. These institutions include the Gram Panchayat, the Gram Sabha, and the Panchayat Samiti.
• Powers and functions: The PESA legislation gives the Gram Sabha and the Gram Panchayat significant powers and functions in relation to the management of natural resources, the protection of the environment, and the regulation of economic activities.
• Consultation: According to the Act requires that the Gram Sabha be consulted before any development projects or activities are undertaken in the Scheduled Areas.
• Funds: The Act allows transferring funds to the Gram Sabha and the Gram Panchayat to enable them to perform their functions.
• Land: The Act provides for the protection of the land rights of the tribal communities in the Scheduled Areas and requires that their consent be obtained before any land is acquired or transferred.
• Cultural and social practices: The Act protects the cultural and social practices of the tribal communities in the Scheduled Areas and prohibits any interference in these practices.

Source: TH