The new law to protect tribals was implemented during the President's visit to Madhya Pradesh
The BJP pulled ahead in the latest lap of its race with the Congress to shore up tribal support in Madhya Pradesh ahead of next year's elections in the state, ratifying a new law on Wednesday that offers greater rights and safeguards to the community.
The Panchayats Extension to Scheduled Areas (PESA) Act aims to protect the tribal population from exploitation with the active involvement of the Gram Sabhas or village councils.
The law is the latest move in the BJP's outreach, which saw Union Home Minister Amit Shah visit Jabalpur last September and announce a museum dedicated to Gond freedom fighter Raghunath Shah and his son Shankar Shah.
Then, Prime Minister Narendra Modi visited Bhopal last November, on a day to celebrate tribal culture named Janjatiya Gaurav Divas, inaugurated a revamped Habibganj railway station and renamed it after Rani Kamlapati, the last Gond queen of the region.
Now, the implementation of the PESA Act, in the presence of President Droupadi Murmu, the country's first tribal president.
The Congress is also trying hard not to be left behind, though. Party leader Rahul Gandhi will visit the birthplace of tribal icon Tantya Bheel as his five-month Bharat Jodo Yatra, from the southern tip to the country's north, enters Madhya Pradesh on Sunday.
Targeting tribal voters, the Congress MP will be visiting tribal leader Tantya Mama's birthplace in Nimad and address a public meeting, for which the party will try to mobilize 50,000 people from the three tribal-dominated assembly seats of Nimar.
Both the BJP and Congress, however, have not let up accusing each other of neglecting tribals.
Home Minister Dr Narottam Mishra said, "Congressmen are like Bhasmasur. Whosoever they praise, they only do so to harm them. When Congressmen can criticise Tribal Pride Day, then it is futile to expect them to praise anything."
Senior Congress leader Digvijay Singh retorted, "It has been 18 years. Why was the government sleeping? This is just a gimmick. By tampering with its basic spirit, the importance of PESA has been destroyed."
Assembly elections in Madhya Pradesh are scheduled for the end of 2023. Both the Congress and the BJP are eying the support of tribals, who account for 21.1 per cent of the state's population.
Out of 230, there are 47 seats reserved for tribals in Madhya Pradesh. In 2018, the BJP won only won 16 of them, against 31 in 2013. The Congress won 30 as compared to 15 in 2013.
Here is what the PESA Act promises:
- The PESA Act will give the tribals the rights to water, forest and land.
- Every year, the Patwari (a government official who maintains land records in the countryside) will have to bring the land map - Khasra Nakal - to the village and present it to the Gram Sabha, to avoid anomalies in the records. In case of any discrepancy, the Gram Sabha will have the right to correct it.
- The consent of the Gram Sabha will be necessary for acquiring land for any scheme. Any land grabbed from villagers by deceit or unfair means can be taken back by the Gram Sabha.
- The Gram Sabha will also decide whether to give contracts for mining sand, ballast and stones. Tribal Cooperative Societies will have the first rights on these contracts.
- The Gram Sabha will have to give consent for the management of ponds, fisheries, and cultivation of water chestnuts in them.
- They will be tasked with managing irrigation ponds of up to 100 acres, collection of forest produce and determination of minimum price.
- Tribals will collect forest produce and sell them. Tribals will also do the work of plucking and selling tendu leaves.
- Gram Sabhas will decide which projects should be done with funds under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA). The Gram Sabha will also decide on appointments for the work.
- If anyone needs to hire labourers from outside the village, the Gram Sabha will have to be informed first.
- Information about any person visiting from outside the village will also have to be given to the Gram Sabha.
- In tribal areas, only licensed moneylenders will be able to lend money at fixed rates of interest. This information will also have to be given to the Gram Sabha. Anyone found charging additional interest will face action.
- The Gram Sabha will decide who gets government benefits first.
- No new liquor shop will be opened without the permission of the Gram Sabha. It can also recommend the removal of any liquor shop.
- Gram Sabhas will also have the right to settle minor disputes.
- If an FIR is registered in a police station in a tribal area, the Gram Sabha will have to be informed.
- The Gram Sabha will also have the right to inspect schools, health centres, Aanganwadi centres, ashram schools and hostels.
- Village fairs and markets will also be managed by Gram Sabhas.