Monday, 11 July 2016

Empowerment of the Gram Sabhas notes for public administration


              Empowerment of the Gram Sabhas 


·         After a seven-year struggle, a village in Himachal Pradesh has won the right to decide whether or not a hydel power project should be set up in its area, under the Forest Rights Act (FRA) by the National Green Tribunal (NGT)
·         Issue: submergence of their pine nut trees due to construction of the hydel project— deprivation of the local farmers of their livelihood
·         NGT has directed the government to ensure that prior to forest clearance to the Kashang Integrated Hydroelectric Project, the proposal is placed before a gram sabha of villages in Kinnaur district.
Supreme Court (2013)—Had directed that the smallest units of local governance use their powers and take a decision on whether the Vedanta Group’s $1.7 billion bauxite mining project in Odisha’s Niyamgiri Hills should go forward. The verdict was not just a victory for the Dongria Kondh tribal group that had fought a long and hard battle against the project, but as a validation of the gram sabha’s powers under the FRA.
Is this ‘empowerment’ contrary to the ‘Ease of Doing Business’ principles of the government?
No—
·         People today, are more aware of their needs and want development that empowers them, not alienate them from their land or forests
·         The “free and prior informed consent” (FPIC) of communities is being seen as a necessary tool for businesses, not only in India but all around the world
·         World Bank has made it mandatory to seek permission from the local communities before implementing a project
·         In a report entitled ‘Development without Conflict’ by the World Resources Institute (May 2007), the authors make a business case “for sponsors of large-scale, high-impact projects to treat the consent of the host community as a requirement of project development”.
o    Early attention to FPIC issues can help avoid significant costs during implementation
o    Less time will be wasted on litigation and more focus will be on giving development a local meaning
o    FPIC is widely seen as critical to the fair treatment of all communities—in saving precious lives and minimizing conflicts
Case of Arunachal Pradesh—  two activists lost their lives while protesting against the construction of the proposed Nyamjang Chhu hydroelectric project and the entire town of Tawang had to be shut down and the army carried out a flag march to restore normalcy— All because the local people felt their voice was not being heard.
EXPERT’S Views:
·         A simple perspective if employed can solve a lot of problems—the simple perspective, here, being that of the mechanism of Democracy. A democratic country needs to stay democratic, and in every sphere, if the country is to progress, elements of democracy needs to be incorporated. Thus, if people want to be heard, by imposing development on them by the power of the gun we are only creating conflict.
·         The participatory approach helps us to reduce development cost, increase perceived and actual benefits and increase awareness among the people and help in the mobilization of local resources, facilitates smooth and easy project implementation. It further enables people to have access and control over the resources and ensures that the benefits reach to the legitimate claimants. It also creates sustainability aspect and gradually empowers the socially and economically disadvantaged people

·         Ease of doing business can turn in to a reality only when ‘elements of development’ can be established democratically and therefore, corporate houses and the government should embrace this decision of the NGT and include the consent of the gram sabha as a ‘norm’; important to establish ‘Make in India’s’ relevance for everyone.

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