Congress raises concern over delay in implementing PESA in Odisha

Opposition Congress legislators on Monday expressed concern in the Odisha Assembly over the delay in implementing the PESA (Panchayat Extension to Scheduled Areas) Act, 1996 in the state and urged the Speaker to direct the government to bring a motion on the issue before the end of the ongoing Budget session.

The matter was raised during Zero Hour by Congress Legislature Party leader Rama Chandra Kadam, who criticised the state government for not operationalising the legislation nearly three decades after it was enacted by Parliament.

Kadam said the delay had deprived tribal communities in scheduled areas of legal protections intended to safeguard their rights over land, forests and other natural resources.

“Even though Odisha has a tribal chief minister, the government has been delaying implementation of PESA. Twenty months have passed since the BJP formed the government in the state, but it has shown no inclination to empower tribals,” Kadam said.

He alleged that the absence of clear regulations had made tribal communities vulnerable to exploitation.

Allegations over corporate interests

The Congress leader also accused the state government of delaying implementation of the law to benefit corporate entities involved in mining and industrial projects in tribal-dominated districts.

“The government is delaying the implementation of PESA in order to help corporates and industries that exploit mineral resources in tribal areas,” Kadam alleged.

He urged Speaker Surama Padhy to issue a ruling directing the government to introduce a motion on implementing the legislation during the current Assembly session.

Kadam also claimed that the lack of safeguards had forced some tribal residents to migrate from their villages to urban areas in search of livelihood.

Demand for House panel

Congress MLA C.S. Raazen Ekka from Rajgangpur in Sundergarh district also criticised the state government for failing to implement the law despite earlier assurances.

He said both Prime Minister Narendra Modi and the state leadership had promised during election campaigns that the PESA Act would be implemented after the BJP came to power in Odisha.

“Still, the government has not framed the rules necessary for implementing the law,” Ekka said.

Referring to a recent tribal protest over land acquisition for a cement plant in Sundergarh district, he demanded the formation of a House committee to monitor land acquisition for industrial and mining projects in scheduled areas.

Concerns over tribal rights

Congress MLA Taraprasad Bahinipati, representing Jeypore in Koraput district, said the delay in implementing PESA had allowed corporate entities to extract mineral resources without adequate protection for local tribal communities.

“In the absence of PESA, corporate houses explore minerals and take benefits at the cost of tribal residents,” he said.

Bahinipati warned that continued delay in implementing the law could trigger protests by tribal groups.

Government’s earlier assurance

The issue of implementing the PESA Act in Odisha had also been discussed earlier in the Assembly.

In September 2024, Odisha’s Panchayati Raj Minister Rabi Narayan Naik had told the House that the state government planned to bring the law for approval in the Assembly during a future session so that it could be implemented in scheduled areas.

Naik had also said that the government would convene a meeting of Scheduled Tribe legislators and senior Assembly members to discuss various aspects of the proposed implementation.

According to the minister, the PESA Act had already been translated into Odia and Santali and copies had been circulated to district magistrates of scheduled districts as part of preparatory work for its implementation.