Caritas India brings together expert academicians, community practitioners, Government and civil society representatives with the front-line programme implementors to discuss the issue and challenges of Panchayats (Extension to Scheduled Areas) Act, 1996 or (PESA) and Forest Right Act (FRA) implementation in Jharkhand and Chhattisgarh.

The Two day’s consultation workshop on June 19-20, 2019 at Jharkhand was attended by Caritas India Gram Nirman programme partners and local civil society representatives along with the eminent speakers to enlighten with anecdotes and factual information’s around the issue of PESA and FRA.

Human dignity is upheld by good Governance where the basic principles of humanity such as equity, equality, and justice are maintained based on the legal apparatus. PESA and FRA Act, the decade’s old progressive Acts for the Indigenous communities of the country lacks the enforcement to implement and has deterred the long expectations of these communities.

“PESA and FRA Acts are empowering Acts that respects the basic human right to self-Governance for the tribals”, shared Archbishop of Ranchi, Archbishop Felix Toppo, “these acts drew a connection to United Nations Universal Declaration of human rights (UDHR) where such provisions are upheld”. He shared that the rights of the tribals are being tempered /tampered with various acts like CAMPA Bill, Land Acquisition and rehabilitation, CNT-SPT and Domicile Acts, non-implementation of PESA and FRA have pushed tribals to the margins and that has been reflecting in the mass migrations from Jharkhand and neighboring states to urban cities endangering them into human trafficking.

Auxiliary Bishop of Ranchi, Telesphore Bilung welcomed the move to initiate a discussion on PESA and FRA from the tribal perspective so that the people of good will continue to fight with forces that are more powerful and are trying to destroy civilizations, traditions, cultures and the very ecosystems of the tribals identity.

Different dimensions of PESA and FRA Acts were touched upon during the consultation with multifaceted aspects of tribal lives, culture, traditions, socio-economic and political bargaining mechanisms in the contemporary time.

Subhashish Soren, a young lawyer attending the consultation emphasized that mere discussion and talks on PESA and FRA Acts will not be enough but engaging in legal matters with required research and action is needed to back the demands with the government. Subhashish resigned from the supreme court and returned to Ranchi and practices at the High court is a member of the recently constituted High-level committee in Jharkhand to advice on the matters to the Governor on 5th scheduled areas. One needs to have a solid foundation and evidence-based documentation to fight for the rights of the people. He added that there are only 8 practicing lawyers from tribal communities in Jharkhand HC and it is very difficult to safeguard the very rights of the people who are being pushed to the margins day and day out. Hence, socio-political and economic awakening is important and most significantly to have self-rule, tribals need to increase their representations at higher levels of administrative, legislative and executive structures with core movement to educate the people at the grassroots to strengthen the process of self-governance in 5th schedule areas.

Dr. Anirudh Prasad retired Professor of Xavier Institute of Social Action (XISS) Ranchi made a remarkable correlation on the plundering of Natural resources through the nexus of corporate, bureaucrats and politicians. He remarked that it is one of the main reasons for not letting PESA and FRA being implemented in the 5th scheduled areas and destroying the very socio-economic and cultural thread of the tribal society at large. He appreciated the move and said, “It was overwhelming to know that in every discussion some elements of Caritas India Key strategic pillars emerged as the guiding strategies that will be effective in making the tribal communities more effective, sustainable and progressive to counter the internal and external forces”.

Strengthening of Community-based Institutions with strong leadership, Legal understanding of PESA&FRA, dialogue with government and partnership were some of the key learnings that emerged from the consultation.

Mr. Rajesh Upadhyay (HoD of Partner Support Service, Caritas India) expressed his admiration to both the Church Leaders from Jharkhand for their presence and their motivating speeches. He also appreciated all the participants including the partner directors from Dumka, Simdega, and Kunti. He shared that Caritas India vision and its strategy urge partners to be committed to the cause of the community through the mechanisms and processes around strategic pillars that will provide a solid foundation to the community as well as to the institution’s sustainability.