Cuttack: Orissa high court has sought the state govt’s response to a PIL alleging prolonged inaction in implementing the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), which seeks to empower tribal gram sabhas in Scheduled Areas.A division bench of Chief Justice Harish Tandon and Justice Chittaranjan Dash granted two weeks to the state to file its affidavit.The PIL, filed by villagers Purushottam Hikaka and three others from Rayagada, Kandhamal and Koraput through advocate Anup Kumar Mohapatra, has sought directions to the state to frame and enforce PESA rules within a stipulated timeframe.The petitioners, who depend primarily on agriculture and forest produce, alleged that despite PESA having been enacted nearly three decades ago, Odisha was yet to operationalize the legislation by notifying the required rules.The petition pointed out that Mayurbhanj, Sundargarh, Koraput, Malkangiri, Rayagada and Keonjhar are fully covered by Scheduled Areas, while parts of Sambalpur, Boudh, Kandhamal, Ganjam, Kalahandi and Balasore also fall within its jurisdiction.The August 13 order, the web copy of which was released on Tuesday, read,: “Counsel for the state seeks two weeks’ time to file affidavit. List this matter on 03.09.2026.”According to the petition, the absence of PESA rules has deprived tribal gram sabhas of statutory powers relating to self-governance and protection of community resources. They alleged that the delay had also facilitated exploitation of tribal land and mineral-rich areas by corporate entities and outside interests.The petition further stated that the govt had published the draft Odisha Grama Panchayats (Extension to Scheduled Areas) Rules, 2023, in the Odisha Gazette on Nov 10, 2023, but the rules had not yet been finalised.PESA, enacted on Dec 24, 1996, extends Panchayati Raj provisions to Scheduled Areas and gives gram sabhas an important role in protecting tribal customs, cultural identity and community resources. It also provides powers concerning land, water, forests, minor forest produce, village markets, money lending and intoxicants.
