Customary Various Laws and Acts in Chhattisgarh and their welfare and developmental impact on residents of Chhattisgarh

Customary Laws and Acts in Chhattisgarh and their welfare and developmental impact on residents of Chhattisgarh

The Panchayats (Extension to Scheduled Areas) Act, 1996

Part IX of the Constitution contains a large number of provisions relating to the definition and constitution of Panchayats, Gram Sabhas, their powers and functions, and Elections. ARTICLE 243-M of the said chapter, however, provides that where Scheduled Areas are concerned, provisions of this Chapter will not apply unless a special law is enacted by Parliament making such exceptions and modifications as necessary. This provision is based on the understanding that with regard to Scheduled Areas, a special constitutional dispensation is in place under Article 244 read with the Fifth Schedule. Therefore governance mechanisms which may be appropriate for the rest of the country ought not to be applied to such areas without necessary changes in order to bring them in conformity with the constitutional design.

PESA makes it a duty of the State to ensure that any law enacted for the Scheduled Area on panchayats must give primacy to existing customary law and traditional mechanisms, and also give primacy to the community in the management of its community Resources. It is generally agreed that these clauses encapsulate the essential ingredients of the approach of PESA for all law relating to panchayats and local self governance in Scheduled Areas.

Some of the key principles and features of the act are as follows:

The Gram Sabha should be accorded prime place in the scheme, and is endowed with powers relating to management of Natural Resources and developmental projects;
The intention is devolution of power to the Gram Sabhas, not delegation of power, and the Gram Sabhas should be able to function as institutions of local self governance. He also refers to the ‘Principle of Subsidiarity’, meaning that the panchayats at the higher level should not assume the powers and authority of any panchayats at the lower level or of the Gram Sabha.
The three tier panchayats are the executive arms of the Gram Sabha, and therefore should not statutorily be allowed to overlook the authority of the Gram Sabha.
The recommendations of the Gram Sabha or the Panchayats at the appropriate level shall be made mandatory prior to grant of prospecting license or mining lease for minor Minerals in the Scheduled Areas.
PESA requires that “planning and management of minor water bodies in the Scheduled Areas shall be entrusted to Panchayats at the appropriate level”.
This provision is based on the understanding that at the level of the village, the local community should have the power to manage its local Water Resources and plan for their sustenance, sharing and development.
In the interest of local self government, according to PESA, the State governments are required to empower “Panchayats at the appropriate level and the Gram Sabha” to regulate the sale and consumption of Intoxicants, manage village markets, and control Money-lending.
The power to regulate the sale and distribution of liquor and other intoxicants in the State level statutes, is vested in the Gram Sabha.

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act, 2006

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act, 2006, commonly referred to as the Forest Right Act (FRA), is considered a pathbreaking legislation that acknowledges the historical injustice meted out to India’s forest dwellers, particularly tribals. The legislation was promulgated to “recognise and vest forest rights and occupation in forest land in forest dwelling” to tribals and other traditional forest dwellers “who have been residing in forests for generations but whose rights could not be recorded”.

The issue of forest rights in Chattishgarh can be interpreted from different perspectives depending on whether one is a forest dweller, forest official, environmentalist, economist or social activist. The issue is of crucial importance considering that forest landscapes cover over 44 % of the state and affect the livelihoods of millions of peoples.

Key features of the act are as follows:

The FRA recognises and vests secure community tenure on ‘community forest resources’, which are defined as common forest land within the traditional or customary boundaries of the village or seasonal use of landscape in case of pastoral communities, including reserved forests, protected forests and Protected Areas such as sanctuaries and national parks to which the community had traditional access.
.The Government of India reserves the right, regardless of the FCA provisions, to divert forest land for the following government-managed facilities like schools, dispensaries or hospitals, anganwadis and fair price (PDS) shops etc. However, such diversion for developing common infrastructural resources, which was not permissible earlier, will be allowed only if the forest land to be diverted is less than one hectare in each case and not more than 75 trees per hectare are required to be felled. Also, recommendation of the Gram Sabha is required to clear the project.
The Government of India reserves the right to modify forest rights and resettle forest dwellers to create inviolate areas for wildlife conservation in critical wildlife habitats (national parks and sanctuaries) subject to the following conditions:
The concerned agencies of the State Government establish, in exercise of their powers under the Wild Life (Protection) Act, 1972, that the activities or presence of the forest dwellers can cause irreversible damage and threaten the existence of the animal species and their habitat.
The state government concludes that other reasonable Options, such as co-existence are not available.
A resettlement or alternative package to provide a secure livelihood for the affected individuals and communities that fulfills their requirements under the relevant laws and policies has been prepared and communicated.

Customary laws are traditional rules and practices that govern the lives of people in a particular community or Society. They are often unwritten and passed down from generation to generation. Customary laws can vary widely from community to community, and they can be based on religion, culture, or history.

In Chhattisgarh, customary laws play an important role in the lives of the people. They govern matters such as marriage, inheritance, property, and divorce. In some cases, customary laws can be discriminatory against Women and other vulnerable groups. However, there are also many positive aspects to customary laws. They can provide a sense of community and belonging, and they can help to preserve traditional values and practices.

In recent years, there has been a growing awareness of the need to reform customary laws in Chhattisgarh. This is due in part to the fact that some customary laws are discriminatory and can have a negative impact on the welfare of women and other vulnerable groups. In addition, customary laws can sometimes conflict with the laws of the state.

The Chhattisgarh government has taken some steps to reform customary laws. In 2006, the state government enacted the Chhattisgarh Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act. This act provides for the recognition and protection of the rights of the Scheduled Tribes and Other Traditional Forest Dwellers (ST/OTFDs) over forest land and resources. The act also provides for the restitution of forest land and resources that have been illegally alienated from the ST/OTFDs.

In 2011, the Chhattisgarh government enacted the Chhattisgarh Panchayat Raj Act. This act provides for the establishment of a three-tier panchayat system in the state of Chhattisgarh. The panchayats are responsible for the planning, implementation, and monitoring of development schemes at the village, block, and district levels.

The Chhattisgarh government has also enacted a number of other laws and policies that aim to promote Equality/”>Gender Equality, protect the rights of vulnerable groups, and ensure Sustainable Development. However, there is still a need for further reform of customary laws in Chhattisgarh.

One of the challenges in reforming customary laws is that they are often unwritten and passed down from generation to generation. This makes it difficult to identify and change discriminatory or harmful practices. In addition, customary laws are often deeply embedded in the culture and traditions of a community. This makes it difficult to change them without causing social unrest.

Despite the challenges, there are a number of ways to reform customary laws. One way is to enact laws that explicitly prohibit discriminatory practices. Another way is to provide Education and awareness-raising programs about the rights of women and other vulnerable groups. In addition, it is important to involve communities in the process of reforming customary laws. This will help to ensure that the reforms are accepted and supported by the community.

Reforming customary laws is a complex and challenging task. However, it is essential to ensure that the laws are fair and just for all members of society. The Chhattisgarh government has taken some important steps in this direction, but there is still more work to be done.

Here are some frequently asked questions about the customary various laws and acts in Chhattisgarh and their welfare and developmental impact on residents of Chhattisgarh:

What are the customary various laws and acts in Chhattisgarh?

The customary various laws and acts in Chhattisgarh are a set of laws that govern the social and economic life of the people of Chhattisgarh. These laws are based on the customs and traditions of the people of Chhattisgarh, and they have been passed down through generations.

What is the welfare and developmental impact of these laws on the residents of Chhattisgarh?

The welfare and developmental impact of these laws on the residents of Chhattisgarh is significant. These laws help to protect the rights of the people of Chhattisgarh, and they provide them with a framework for living their lives. These laws also help to promote social harmony and Economic Development in Chhattisgarh.

What are some of the challenges faced by the residents of Chhattisgarh in relation to these laws?

Some of the challenges faced by the residents of Chhattisgarh in relation to these laws include:

The laws are often outdated and do not reflect the current social and economic realities of the people of Chhattisgarh.
The laws are not always enforced effectively, which can lead to injustice.
The laws can be difficult to understand and navigate, which can make it difficult for people to access their rights.
What are some of the initiatives that have been taken to address these challenges?

Some of the initiatives that have been taken to address these challenges include:

The government of Chhattisgarh has been working to update and modernize the customary laws.
The government has also been working to improve the enforcement of the laws.
The government has also been working to raise awareness of the laws and to make them more accessible to the people of Chhattisgarh.
What are the future prospects for the customary various laws and acts in Chhattisgarh?

The future prospects for the customary various laws and acts in Chhattisgarh are positive. The government of Chhattisgarh is committed to updating and modernizing the laws, and to improving the enforcement of the laws. The government is also committed to raising awareness of the laws and to making them more accessible to the people of Chhattisgarh.

Question 1

Which of the following is not a customary law in Chhattisgarh?

(A) Marriage
(B) Divorce
(C) Inheritance
(D) Adoption

Answer

(D) Adoption is not a customary law in Chhattisgarh.

Question 2

Which of the following is not an act of the Chhattisgarh government that has a welfare and developmental impact on residents of Chhattisgarh?

(A) The Chhattisgarh Panchayat Raj Act, 2002
(B) The Chhattisgarh Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1995
(C) The Chhattisgarh Land Revenue Code, 2005
(D) The Chhattisgarh Forest Act, 2000

Answer

(C) The Chhattisgarh Land Revenue Code, 2005 is not an act of the Chhattisgarh government that has a welfare and developmental impact on residents of Chhattisgarh.

Question 3

Which of the following is not a benefit that is provided by the Chhattisgarh government to residents of Chhattisgarh?

(A) Free education
(B) Free healthcare
(C) Free housing
(D) Free food

Answer

(D) Free food is not a benefit that is provided by the Chhattisgarh government to residents of Chhattisgarh.

Question 4

Which of the following is not a right that is guaranteed by the Chhattisgarh government to residents of Chhattisgarh?

(A) The right to life
(B) The right to Liberty
(C) The right to equality
(D) The right to food

Answer

(D) The right to food is not a right that is guaranteed by the Chhattisgarh government to residents of Chhattisgarh.

Question 5

Which of the following is not a responsibility that is required of residents of Chhattisgarh?

(A) To pay taxes
(B) To obey the law
(C) To serve in the military
(D) To vote

Answer