Forest clearance for POSCO
The proposed forest clearance for POSCO by the Centre leaves the already decentralised government in a lurch as the concerned villagers have again stood in their defense. The initiative has also..
FOREST CLEARANCE for POSCO opens a pandora's box of tricky issues of decentralised governance amidst the raging controversy that set in following the forest clearance by the Centre in favour of POSCO and simultaneous repudiation by the state government of the claim of the concerned villagers to any forest land in the proposed POSCO site, some members of civil society met at Bhubaneswar on 10th May 2011 for an expert consultation on the critical issues and concerns that surfaced at large. The small group consultation was intended to help evolve an informed and unbiased stand on the interface between Forest Rights Act and Orissa Panchayat laws in respect of people?s onus and entitlements over common property resources like land, forests and water bodies, especially in the face of strident efforts by the neo-liberal state to usurp and transfer the same to the high-profiteering corporate entities in the current milieus of globalisation.
Das emphasised on bringing clarity in the matter of controversy through a proper and unbiased study of the legal provisions as well as the actual sequence of events. On the other hand, responding to the issues raised by the participants, Behera held that the Orissa Gram Panchayat Act 1964, despite several amendments incorporated into it in purported compliance to 73rd Constitution Amendment 1992 and PESA Act 1996, still retains in full force the hegemony of State bureaucracy over the 3 tier elective Panchayat bodies.
Citing the instance of the peculiar term 'Gram Sasan' that frequently stalks the OGP Act, he observed that Gram Sasan which is an abstract and iconic entity like Bharat Sasan or Odisha Sasan and has therefore no power or authority as such, is however referred to, as a substitute of, nay antithesis of Gram Sabha which ought to wield real powers and authority. Further, he maintained that the Chapter-11 (Control) of OGP Act is diametrically opposite to 73rd Amendment in both letter and spirit. Its Section 114, for instance, authorizes a salaried bureaucrat like Sub-Collector to suo motu modify or even rescind at any time the order or resolution of Grama Panchayat, a democratically elected body.
Deliberations by participants also focused on the increasing attempt of the MPs and MLAs to gain control over the local self governance institutions, expressing concern over the gradual corruption of the spirit of decentralised governance by dominant political interest & affiliations, contrary to the situation in Kerala.
It was agreed that the issues are serious enough to come out with a Citizen's Report, containing intensive interpretation of the existing laws and circulars with regard to the functioning of Panchayatiraj institutions and also the implementation of FRA, with special reference to equivocations and incongruities affecting them. A 5 member committee was formed from among the participants to facilitate its preparation.
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