Note: This article has published in ‘RESEARCH JOURNEY’ International Multidisciplinary E- Research Journal.
Citation: Madane, U. (2019).
Panchayati Raj Institutions: It’s Effect on Tribal Development. ‘Research
Journey’ International Multidisciplinary E-Research Journal, Special Is(167),
37–40.
Uttam Madane
Assistant Professor
Assistant Professor
Department of Social Work,
Kavayitri Bahinabai
Chaudhari North Maharashtra University, Jalgaon
E-mail- uttam.madane@gmail.com
Abstract
In India, there are social categories like scheduled
Tribes, Scheduled Caste, Other backward classes, Nomadic & De-notified
Tribes, Religious minorities etc which are also consider as a weaker section in
India. Scheduled tribes are very backwards in the context of Social,
economical, educational and political development. There has been taken
measures at government level for their social, economical, educational and
political upliftment since Pre-independence. One of the milestone of these
measures known as enactment of Panchayati Raj Institutions (PRI) in India. PRI
as a grassroots unit of local self government proclaimed the socio-economic
transformation of rural people. The transformation depends on the active
involvement, contribution and participation of people in the function of PRI. Lack
of awareness and as a educationally, economically and politically backward,
there is always questions raised that how tribal people involve and participate
in the function of PRI for their socio-economic transformation?.
Key Wards: Panchayati Raj Institution, Scheduled
Tribe, Development, Effect.
Introduction
In the world, Local self government in India has got
an ancient and glorious history. Since ancient era, Indian villages had
Panchayats which was very powerful in functioning, well accepted by its people
and almost independent institution. The
terrific local self-rule of the ancient times became somewhat unstable by the
power struggle in the Middle Ages, but the organization and methodology of
modern Indian self-government is primarily a gift from the British Government. A
review of the evolution of Panchayati Raj Institution in the British era and
independent India as follow;
·
1687: Royal Charter for the creation of Madras Municipal
body
·
1842: Act X to provide first formal measure of municipal
bodies
· 1857: The aftermath of Mutiny saw severe financial stress.
Fiscal decentralization was considered
one of the solutions.
· 1865 &
1869: In both the years Bombay
and Madras, funds were provided for the development of local people
· 1870: Lord Mayo’s scheme of fiscal and administration
devolution. Enactment of Bengal Chowkidari Act.
·
1882: Lord Ripon’s Resolution on Local Self-Government.
·
1899: Enactment of Kalkatta Municipal Act
·
1907: The Royal Commission on Decentralization was
constituted.
·
1919: Decentralization Commission was appointed for local
bodies
·
1919: Panchayat laws have been passed in 7 different
provinces of India
·
1920: Bombay Panchayat Act in Maharashtra
·
1926: Kolhapur Panchayat Act in Kolhapur State
·
1948: Debates between Gandhi and Ambedkar on Gram Swaraj,
(self-rule)
· 1957:
Balwant Rai Mehta Commission –
Recommended Panchayat structure at district block and village levels, elected
bodies for 5 year, devolution of powers to Panchayats. Post of Block
Development Officer (BDO) was created.
· 1963:
K. Santhanam Committee – recommended
limited revenue raising powers to Panchayats to raise revenue and setting up of
State Panchayati Raj Finance Corporations.
· 1978:
Ashok Mehta Committee – Recommended that the District serve as the
administrative unit in the Panchayat structure and two tier Panchayats be
created at district and block levels.
· 1985:
G V K Rao Committee – Recommended that the Block Development Office (BDO)
should be strengthened to assume broad responsibility for planning,
implementing and monitoring rural development programs.
· 1986:
L M Singvi Committee – recommended that local self-government should be
constitutionally enshrined, and the Gram Sabha (the village assembly) should be
the base of decentralized democracy.
· 1993:
The 73rd Amendment to the Indian Constitution – Panchayats at district, block
and village levels was created through Constitution. Part IX for Panchayats was
inserted in the Constitution with 11th schedule that enumerated 29 matters for
Panchayats.
· 1996:
PESA– Powers of Self - Government were extended to tribal communities in ‘Fifth
Schedule’ areas.
· 2004:
Union Ministry of Panchayati Raj was created.
· 2009:
Thirteenth Finance Commission recommended share of Panchayats in the Union
Revenue Divisible Pool ((Lawate, 2002))
Objectives:
·
To examine the
effects of Panchayati Raj Institution on Tribal Development.
·
To know and explore the challenges faced in Panchayati
Raj Institution on Tribal Development.
Methodology:
The secondary data has used to write this paper and this
paper tries to explore the challenges faced in Panchayati Raj Institution on
Tribal Development. The secondary data from various journal articles, books,
news paper articles; news papers’ news, as well as some unpublished data has
used to write this paper. Descriptive research design has been adopted to
describe the effect and challenges faced in Panchayati Raj Institution on
tribal development. The description is not intended to provide conclusive
evidences but it helped to have better understanding of effect and challenges
faced in Panchayati Raj Institution on Tribal development. This paper has
divided in several themes like theoretical framework, demographic profile of
the Scheduled Tribes, Constitutional safeguard for the Scheduled Tribes,
Discussion on Panchayat Raj Institution and Tribes, PESA Act and
Conclusion.
Theoretical Framework:
Social
Development:
The term development can be defined as a positive
change in the present status of an individual, group, region or nation through
developmental intervention (Pandey, 2008). According to Pandey (2008), the
development of social, economical, educational and political has defined
separately. He has specified the areas of social, economical, educational and
political development as following
a) Social
Area: The social area of
development includes child development, women development, aged development,
youth development, OBCs development, SCs development and SCs development
b) Economic
Areas: The economic area of
development includes horticultureal, agricultural, labor and life stock rearing
development.
c) Educational
Areas: Educational Area of
development includes the development of infrastructure and human resources,
sports, etc.
d) Political
Areas: The Political area of
development includes the development of panchayat, thana, police, court, block,
district, commissionary, state and nation.
Therefore, it is need to see the development of tribal
people in said areas by implementing tribal development models through the
Panchayat Raj Institutions.
Tribal
Development Model:
In order to make the tribal development our government
has adopted tribal development models like Community Development Programme
(CDP), Special Multipurpose Tribal Blocks (SMPTB), Tribal Development Agencies
(TDA), Integrated Tribal Development Projects (ITDP), Primitive Tribal Groups
(PTGs), Modified Area Development Approach (MADA), and Tribal Sub-plan (TSP),
Through these models attempts are being made to make tribal development
socially, educationally, economically and politically. Scheduled Tribes
Commission has been set up (Pandey, 2008). Thus, it is need to see the impact of these tribal
development models on social, economical, education and political development
of Tribal people which has been implemented through Panchayati Raj
Institutions.
Demographic Profile of Scheduled Tribes:
The Scheduled Tribes are notified in 30 States/UTs
and the number of individual ethnic groups, etc. notified as Scheduled Tribes
is 705. The tribal population of the country, as per 2011 census, is 10.43
crore, constituting 8.6% of the total population. 89.97% of them live in rural
areas and 10.03% in urban areas. The decadal population growth of the tribal’s
from Census 2001 to 2011 has been 23.66% against the 17.69% of the entire
population. The sex ratio for the overall population is 940 females per 1000
males and that of Scheduled Tribes 990 females per thousand males (Panda, 2013).
Trends in Proportion of Scheduled Tribe Population
|
|||
Census Year
|
Total population
(in millions)
|
Scheduled Tribes Population
(in millions)
|
Proportion
of STs population
|
1961
|
439.2
|
30.1
|
6.9
|
1971
|
547.9
|
38.0
|
6.9
|
1981 #
|
665.3
|
51.6
|
7.8
|
1991 @
|
838.6
|
67.8
|
8.1
|
2001 $
|
1028.6
|
84.3
|
8.2
|
2011
|
1210.8
|
104.3
|
8.6
|
# Excludes Assam in 1981 @
Excludes Jammu & Kashmir in 1991 $ The figures exclude Mao-Maram, Paomata
and Purul sub-divisions of Senapati district of Manipur, census 2001,
|
|||
Source: Ministry of
Tribal Affairs Statistics Division, Government of India, Census 2011.
The
trend in ST population since census 1961 is illustrated in above table. It is
indicates that the ST population from 30.1 million in 1961 has increased to
104.3 million in 2011.
Constitutional Safeguards
for Scheduled Tribes:
The founding father of the constitution Dr.
Babasaheb Ambedkar were aware of the Social, economical, Political, Educational
inequalities in the country which existed due to the historical reason in India.
There are some special safeguard for the Scheduled Tribes in the constitution.
- Educational & Cultural Safeguards:
Art. 15(4):- Special
provisions for advancement of other backward classes(which includes STs);
Art. 29:- Protection
of Interests of Minorities (which includes STs);
Art. 46:-
The State shall promote, with special care, the educational and economic interests
of the weaker sections of the people, and in particular, of the Scheduled
Castes, and the Scheduled Tribes, and shall protect them from social injustice
and all forms of exploitation.
Art. 350:- Right
to conserve distinct Language, Script or Culture;
Art. 350:- Instruction in Mother Tongue.
- Social Safeguard:
Art. 23:- Prohibition
of traffic in human beings and beggar and other similar form of forced labour;
Art. 24:- Forbidding
Child Labour.
- Economic Safeguards
Art.244:- Clause(1)
Provisions of Fifth Schedule shall apply to the administration & control of
the Scheduled Areas and Scheduled Tribes in any State other than the states of
Assam, Meghalaya, Mizoram and Tripura which are covered under Sixth Schedule,
under Clause (2) of this Article.
Art. 275:- Grants
in-Aid to specified States (STs&SAs) covered under Fifth and Sixth
Schedules of the Constitution.○
- Political Safeguards
Art.164 (1):- Provides
for Tribal Affairs Ministers in Bihar, MP and Orissa;
Art. 330:- Reservation
of seats for STs in Lok Sabha;
Art. 337- Reservation
of seats for STs in State Legislatures;
Art. 243:- Reservation
of seats in Panchayats.
Art. 371:- Special
provisions in respect of NE States and Sikkim ((ST Commission, 2019)
Discussion: Panchayati
Raj Institutions and Tribes
The Balwantrai Mehata Committee has recommended the
scheme of democratic decentralization popularly known as ‘Panchayati Raj’.
First Indian Prime Minister Pandit
Jawaharlal Neharu was inaugurated Panchayati Raj at Nagur in Rajasthan State on
2nd October 1959. The Pandit
Neharu had his own view about the Progress India. He was saying that India will progress only when the
Indian villagers become a politically conscious. When Indian villages make
progress, India will become strong nation and nobody will be able to stop its
onwards march.
For
the self-governance of the tribal communities at the grass-root level, there is
provision for enactment of separate laws for the tribal areas under the
Constitution which known as 5th and 6th schedule. The basic sprit of these
special provisions is that even in relation to the formal system, which may be
adopted for the tribal areas, the tradition of the tribal society should be
accepted as basic so that the tribal people have the opportunity of moving
ahead entirely in accordance with their own understanding about the situation
and no outside system is forced on tribal society which may be beyond the
comprehension of the tribal population. Pandit Jawaharlal Nehru had formulated
some basic principles for the tribal development known as Panchasheel.
According
to Neharus Panchasheel; (1) The tribal people
should move ahead in accordance with their spirit and understanding. (2) Their
rights over land and forests should be honoured (3) Working teams should be
trained from among the tribal people themselves (4) The administration in these
areas should not become heavy and there should be no surfeit of programme (5)
The results of development in these areas should not be assessed in terms of
statistics or estimates of expenditure but they should be in terms of the
development of the quality of human character (Gogoi, 2013).
Despite
having the power and reservation for Scheduled Tribes in Panchayats, the
results of implementation of the Constitution (73rd Amendment)
Act, 1992 at the tribal region have fallen far short of expectations. There is
limited administrative and fiscal decentralization. It seen that the government
has failed to control on matters of local administration and finance due to
which poor tribal people cannot take the advantages of developmental programme.
Gram Sabhas have not been empowered and strengthened to ensure greater people’s
participation and transparency in functioning of Panchayats.
PESA Act 1996:
Panchayats Extension to Scheduled Areas Act (PESA)
1996 has enacted on the basis of recommendation of Bhuria Committee Report. The
Act came in to the power on 24th December 1996. The
main objectives of this Act are i) to extend the provisions of Part IX of the
Constitution relating to the Panchayats to the Scheduled Areas with certain
modification; ii) to provide self-rule for the bulk of the tribal population;
iii) to have village governance with participatory democracy and to make the Gram
Sabha a nucleus of all activities; iv) to evolve a suitable administrative
framework consistent with traditional practices; v) to safeguard and to
preserve the traditions and customs of tribal communities; vi) to empower
Panchayats at the appropriate levels with specific powers conducive to tribal
requirements; vii) to prevent Panchayats at the higher level from assuming the
powers and authority of Panchayats at the lower level ofthe Gram Sabha.
PESA Act extended to nine states which are Andhra
Pradesh, Jharkhand, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh,
Orissa, Rajasthan and Chhattisgarh. The under this Act Gram sabha has given
some specifically power and authority function as institution of self
government. The power like Ownership of Minor Forest Produce, Power to enforce
prohibition, Power to prevent alienation of land, Power to control local plans
and resources including the Tribal Sub-Plan, Power to manage village markets, Power
to control money lending to STs, Power to control institutions and
functionaries in all social sectors. Act Provided that the reservation for the
Scheduled Tribes shall not be less than one- half of the total number of seats
provided further that all seats of Chairpersons of Panchayats at all levels
should be reserved for the Scheduled Tribes. But the question is remained that
how many tribal people are aware and enjoying their rights in villages?
The
PESA Act is one of the powerful Acts for the tribal development, which are
providing self governance and reorganization of traditional rights of tribal
communities. The Act recognized the importance of the fifth scheduled areas in
nine states. PESA Act provides the gram sabha with power of Social Audit and
prevention of land Alienation. The Act is very powerful in the context of
welfare of Scheduled Tribes but there are many problems in the implementation While
the tribal communities remain ignorant of its enabling provisions, the state
governments have become quite uncomfortable with the mere existence of the Act,
and have been trying to dilute its spirit (Ratho, 2007).
Poor Implementation of
PESA Act:
After
the two decades of enactment of PESA act, there is very little awareness among
the tribal people regarding the Gram Sabha’s power given by the Act. Due to
lack awareness, they can to take the advantage of Gram Sabha as a
self-governing body or having legal jurisdiction over the natural resources and
forest. Even there has not created any supportive mechanism for the Gram Sabha
to play any significance role in their functioning. There are some legislations
and Acts like forest Act, Land Acquisition Act etc, due to that tribal people
can take advantages of forest and land resources which are required for their
development. There is need of amendment in such Act to handed over resource to
Gram Sabha in PESA areas. Many times, Gram Sabha’s decisions over-rule by the
government officer which is the biggest obstacle faced by people in
implementing their decision for their development. The concept of community
ownership of resource in the PESA areas is not seen in the programmes and
schemes provided by the government.
Conclusion:
There is need to create awareness
among the tribal people in regards to benefit from the Panchayati Raj
Institutions. There is need to make strong punishment rules and regulation for
the administrative officers who is responsible for loopholes in the proper
implementation of programmes and schemes which are available for the overall
development of tribal people. It is not possible to make socio-economic,
educational and political upliftment of tribal people without strengthening
Panchayati Raj Institutions in tribal area. Panchayati Raj Institutions have the power to
do development of people through implementing various schemes and programmes
which are available for the tribal development. PRIs help to create the
awareness about the rights and opportunity. Proper implementation of the
programmes can mobilize the resources; create employment opportunity, ensure food
security, enhance the level of awareness about the schemes, promote the
transparency in the implementation of the program, increase the people’s
participation, ensure the accountability, creditability and sustainability in
development, but there is lack of awareness and education among the people who
runs the PRIs in tribal area and those who are aware and educated about it,
they don’t want to do anything for the development of tribal people.
References:
Bates, C. (2005). The Development of
Panchayati Raj in India. Crispin Bates und Subho Basu (Hg.): Rethinking
Indian political institutions. London: Anthem Press (Anthem South Asian
Studies), 169-184.
Gogoi, B. (2013). Panchayati Raj and Tribal Development in
India. International Journal of Advanced Research in Social Sciences &
Humanities, I(I (July-December)). Retrieved from
http://www.iaster.com/uploadfolder/1PanchayatiRajandTribalDevelopmentinIndia Copy/1Panchayati
Raj and Tribal Development in India Copy.pdf
Lawate, K. (2002). Panchayat
Raj (In Marathi). (M. Shinde, Ed.) (I). Pune: Dnyandeep Academy. Retrieved
from https://www.bookganga.com/Preview/BookPreview.aspx? BookId=4956570687341785348&PreviewType=books
Mathew, G.
(1995). Status of Panchayati Raj in the States of India, 1994.
concept publishing company.
Mathew, G. (2003).
Panchayati Raj institutions and human rights in India. Economic and
Political Weekly, 155-162.
Mandal, A.
(2003). Women in panchayati raj institutions. Kanishka Publishers,
Distributors.
Panda, H. (2013). Statistical
Profile of Scheduled Tribes in India. New Delhi. Retrieved from
https://tribal.nic.in/ST/StatisticalProfileofSTs2013.pdf
Pandey, G. (2008). Developmental
Antrhopology. New Delhi: Concept Publishing Company. Retrieved from
https://books.google.co.in/books?id=ECkick3qN0wC&printsec= frontcover&dq=developmental+anthropology&hl=en&sa=X&ved=0ahUKEwja8KmN5_vgAhUBPN8KHa9uDjkQ6AEIKDAA#v=onepage&q=developmental
anthropology &f=false
Patnaik, Pradeep., G.
C. P. (2007). Panchayati Raj Institution and Tribal development. In R. L.
Panigrahy (Ed.), Panchayati Raj Institutions: Issues and Challenges. New
Delhi: Discovery Publishing House Pvt. Ltd. Retrieved from
https://books.google. co.in/books?id=-F66H- 3MthIC&pg= PA41&dq=panchayati+raj+and+tribal
+devel opment&hl=en&sa=X&ved=0ahUKEwiHndqZ9_vgAhUMmbQKHUCnDZcQ6AEIKDAA#v=onepage&q=panchayati
raj and tribal development&f=false
Ratho, S. (2007). Tribal
Welfare Through Panchayats: The Experience of PESA in Orissa (No. 55). New
Delhi. Retrieved from https://www.panchayatgyan.gov.in/ documents /30336/0/19.+Tribal+Welfare+Through+Panchayats-The+Experience+of+PESA
+in + Orissa.pdf/c423f4ea-dab6-4f3d-9610-a1f6c8f62f88
ST Commission. (2019).
Constitutional Safeguards for STs. Retrieved March 12, 2019, from
https://ncst.nic.in/content/constitutional-safeguards-sts
