The architect behind India’s PESA and forest rights legislation: Pradip Prabhu

By Bharat Dogra 

Activist, teacher, and lawyer—Pradip Prabhu contributed immensely in his many-sided roles, with the one unifying thread being his deep commitment to justice. It is rare to witness such a combination: someone who went to jail and risked his life in struggles for various oppressed communities, particularly for the rights of tribal people, while also serving with distinction on several government committees; teaching students at top institutes and training senior officers, while at the same time fasting for many days to press for legislation protecting tribal rights.

Pradip Prabhu, affectionately known as Pradipbhau to many, especially the villagers he worked among, passed away on August 25 at the age of 78. He studied at the Tata Institute of Social Sciences (TISS) in his early years—where he would later teach and contribute in many ways to this prestigious institute. However, he found his true calling when he played a leading role in establishing the Kashtkari Sangathan (translated as "organisation of those who toil") in Dahanu, Maharashtra, in 1978. There, he was involved in numerous struggles against exploitation and injustice, which ultimately brought multifaceted benefits to marginal and small farmers as well as landless workers, mainly from tribal communities.

It was through these struggles that Pradip developed a deeper understanding and perspective, which later enabled him to contribute significantly to national-level legislation strengthening tribal rights, most notably the Forest Rights Act and the Panchayats (Extension to Scheduled Areas) Act, commonly known as PESA.

At various stages of his life, Pradip Prabhu was closely associated with several prestigious academic and training institutes, including TISS, the National Institute of Rural Development, and the Lal Bahadur Shastri Academy. Apart from his ongoing work with the Kashtkari Sangathan, he made important contributions to several other social movements, including the Bharat Jan Andolan, Shoshit Jan Andolan, the Campaign for Survival and Dignity, and the Barefoot Academy of Governance. It was during the meetings of the Bharat Jan Andolan that I first met him.

Dr. B.D. Sharma, former Commissioner for Scheduled Castes and Tribes in the Government of India, had, after his retirement, mobilised this social movement with the help of activists across the country. One of the main demands to emerge was the extension of stronger decentralised governance to tribal communities. In Dr. Sharma, Pradip Prabhu found a very important friend and firm supporter to take this forward.

While rural decentralisation through Panchayati Raj was significantly improved in 1993, one criticism was that even the new law had not adequately empowered the wider rural community, as more powers were vested in a few elected representatives rather than in the community itself. However, since this law did not apply to scheduled areas—where most tribal communities live—and provision existed for enacting different legislation for these areas, there remained an opportunity to empower entire tribal communities.

At this juncture, the Bharat Jan Andolan and its convenor, Dr. B.D. Sharma, along with friends like Pradip Prabhu, played an important role in advancing the cause of a distinct decentralisation law for scheduled areas that would strengthen tribal communities.

In the midst of a continuing campaign for this, a committee under the chairmanship of Shri Dilip Singh Bhuria, Member of Parliament, comprising several MPs and experts, was appointed to suggest a suitable framework for decentralisation legislation for scheduled areas. The committee submitted its report in January 1996.

However, when no follow-up action was taken, representatives of tribal communities from across the country went on a fast at Rajghat in Delhi. Both Dr. Sharma and Pradip joined this fast. Members of various political parties came to extend their support, and finally, a consensus emerged on new and distinct decentralisation legislation for scheduled areas that would go a long way in strengthening tribal communities.

On 24 December 1996, Parliament finally passed the Panchayats (Extension to Scheduled Areas) Act, 1996, popularly known as the PESA legislation. This Act, which applies only to scheduled areas (with a significant tribal population), firmly establishes the Gram Sabha as the most basic unit of Panchayati Raj in these areas. Section 4(d) states: "Every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution."

Section 4(e) says every Gram Sabha shall approve plans, programs, and projects for social and economic development before they are taken up for implementation by the village-level panchayat. Section 4(f) states that "every panchayat at the village-level shall be required to obtain from the Gram Sabha a certification of utilisation of funds by that panchayat for the plans, programs and projects referred to in clause (e)."

Other clauses give the Gram Sabha important rights before any village land can be acquired for projects or auctioned for minor minerals. Similarly, the Gram Sabha has been given significant power over minor forest produce, preventing land alienation, and restricting the sale of liquor.

Thus, it is clear that tribal communities, through the Gram Sabhas in scheduled areas, have been empowered in very significant ways by the PESA law. While this has been widely appreciated, it has also evoked considerable opposition from powerful interests. Consequently, there have been several obstacles to its implementation, and carrying it forward in the right spirit to empower tribal communities on a large scale remains a major challenge.

The absence of Pradip Prabhu will be deeply felt whenever such challenges arise. He is survived by his wife, Shiraz Bulsara, who is a highly regarded activist and scholar in her own right. Pradip's memory will be cherished—not only by his family and close friends but also by the many people who stand for justice, by his numerous students and fellow activists, and by the communities among whom he worked continuously for decades.

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Bharat Dogra is Honorary Convener of the Campaign to Save Earth Now