Revitalization of Rivers in India Draft Policy - Isha Guru Jaggi Vasudev

Revitalization of Rivers In India
Draft Policy Recommendation
for the management of natural resources are still active and take key decisions.
The relationship between PRIs and traditional institutions needs further clarity
The challenges of implementing PESA
The implementation of PESA in states with Schedule V Areas has been extremely
variable. The unique definition of ‘village’ and Gram Sabha in PESA, as a selfgoverning
unit in accordance with customs and traditions, has not been adhered
to by a number of states in their legislation. In many states, enabling provisions
for the Gram Sabha’s control over the prospecting of minor minerals, planning,
and management of water bodies, control of minor forest produce, and right to be
consulted before land acquisition are not yet in place.
A grey area in the PESA legislation is the option it offers to empower either the
Gram Sabha or ‘Panchayat at appropriate level’. Most states have chosen to
empower the latter, thereby diluting the overall spirit behind the legislation to
strengthen the self-governing village community. Further, many states are yet
to frame rules under PESA and the state and central laws relating to mines and
minerals, forests, and land acquisition are not yet compliant with PESA
(MoPR, 2010).
Notwithstanding all these challenges, PRIs are best placed to govern natural
resources as they have a statutory status, are democratically elected, and provide
institutional continuity. Panchayats have potential as overarching governance
bodies under which various resource user committees can work.
Annexures
491