Tribal Governance and Administration

Gram Sabha * Odisha should brought out a single consolidated Panchayat law covering all the three tiers of Panchayatsa . * Amend and change all the subject laws of the Centre and the states in conformity with the letter and the spirit of PESA, particularly with reference to the provisions of sections 4(b) and 4(d) ; Gram/ward sabha has the power to regulate natural resources, economic and development activities, and government agencies. Gram Sabha’s power to take back the alienated land and stop land alienation in the tribal areas; Declare each village a Gram panchayat (smaller Gram panchayats for greater devolution of power)

ITDA Weakening ITDAs has become an area of major concern. Restructure the ITDA to ensure effective delivery The ITDAs need enough attention for maintaining and strengthening their institutional capabilities, providing manpower and modern infrastructure. ITDAs must be established in all blocks. More manpower in urban areas or create new agencies.

Tribal Sub-Plan * TSP strategy has not yielded desired results. A single line administration in TSP for planning, supervision and allocation of TSP funds in the Scheduled Areas. Open a district level TSP fund which will collect funds from Central and State government. Make a separate sub-plan document. Certain mechanisms at block level. Power to Gram Sabha to plan and monitor the TSP funds (Amend the provisions of TSP in Odisha Gram Panchayat Act 1964) . A strong legislation at the State level needs to be introduced and implemented in Adivasi areas focusing on the development rights of Adivasis

PVTG Planning process, since its inception, emphasized inclusion of STs. More focus to enable the rights of the Adivasi women and PVTGs as they are more vulnerable within the Adivasi community as they are extremely marginalized Micro-Projects should cover other left out villages villages/community. Villages base planning and implementation of micro-projects. * The Project Offices for PVTGs should be made to report to the MoTA about the development activities undertaken for the PVTGs under their jurisdiction, rather than submitting allocation and expenditure statements.

The Governor’s Role The Governors reports should offer an independent assessment of the policies of the State Governments vis-à-vis Scheduled Areas. Ensure the timely submission of Governors reports to the President of India. Actions taken by the Governor for safeguarding the interests of tribal communities should be clearly mentioned in the annual Governor’s Reports submitted to the President. The Governor office should respond to petitions calling for his intervention in cases of land conflicts, acquisition for mineral extraction and police atrocities against tribal communities.

Tribes Advisory Council (TAC) Tribes Advisory Council should be empowered, made active and responsible for the tribal affairs in the State. In view of the serious responsibility placed on the TAC, it should be made compulsory for the Council to meet at least four times a year. The agenda for the TAC meetings should be prepared through due consultation with the members. The Governor should be made responsible for the overall functioning of the TAC.

Extension of Schedule Areas A proper survey must be undertaken to include other tribal populated areas in the Schedule areas. There should be no reduction in the areas declared to be Scheduled Areas as this will harm the interests of already deprived tribal communities by diminishing their space and their resources. Inclusion of Tribals in District Mineral Foundation/ CAMPA fund. Inclusion of deserving adivasi communities like Dhurua, Jhodia, Paharia etc.

PESA 1996 State wide incorporation of the PESA tenets has been largely absent * Enabling the Panchayats to ‘function as institutions of self- government’, Acquisition of land must be with the consent of people and Gram Sabha as prescribed in the LARR 2013, PESA 1996, FRA 2006, Samantha Judgement 1996 and Recent supreme court judgement direct on 18th April, 2013 on Niyamagiri Hills of Odisha. Preservation of tribal’s language, culture and traditions, and to protect themselves against the loss of identity, must be recognized, protected, documented and allowed to thrive as a dynamic living culture. All Sub-Committees under Gram Sabha. State Tribal Policy.

Thanks ! Sandeep Kumar Pattnaik National Center For Advocacy Studies