
The Panchayati Raj Movement is in Distress
Why in News?
The Panchayati Raj system, set up by the 73rd Amendment in 1992, was intended to decentralize governance in rural India. However, due to various administrative, financial, and policy changes, its effectiveness has diminished, indicating a need for urgent reforms.
Introduction
The 73rd Amendment, enacted in 1992, aimed to introduce democracy at the grassroots level in India by establishing the Panchayati Raj system. This system comprises a three-tier governance structure at the village, block, and district levels, ensuring 50% reservation for women, Scheduled Castes, and Scheduled Tribes in local bodies. Despite its initial success in empowering local governance, the momentum for decentralization has waned over time. Additionally, significant societal and technological shifts pose new challenges to the relevance and functioning of panchayats in contemporary India.
Achievements of the Panchayati Raj System
Panchayati Raj elections witness strong competition across India, reflecting the system's vitality.
There has been a remarkable increase in women's leadership at the local level, with nearly 1.4 million elected women representatives playing crucial roles in governance.
State Finance Commissions play a pivotal role in recommending funds for local governments, facilitating the implementation of various social sector programs through gram panchayats.
Challenges Affecting the Panchayati Raj System
1. Administrative Decentralization Has Stalled
- For effective functioning, state governments must transfer staff and administrative control to local governments.
- There is a need to increase untied grants that allow local decision-making, enhancing the autonomy of local bodies.
- A report by the Ministry of Panchayati Raj in 2022 indicated that less than 20% of states have fully devolved all 29 subjects listed in the Eleventh Schedule of the Constitution.
2. Declining Fiscal Autonomy
- Direct transfers to panchayats have increased significantly, but the proportion of untied grants has decreased, reducing local governments' autonomy.
- The rise in tied grants from the central government has increased its control over panchayat functions, further limiting local discretion.
3. Shift in Welfare Distribution Mechanisms
- Political parties are increasingly relying on direct cash transfers for welfare distribution, bypassing local governance structures.
- The JAM (Jan Dhan-Aadhaar-Mobile) platform exemplifies this shift by delivering benefits directly to beneficiaries, such as in the PM-KISAN scheme, which provides annual financial assistance to farmers without involving panchayats in fund distribution.
4. Impact of Rapid Urbanization
- India has experienced a significant decline in its rural population, from nearly 75% in 1990 to about 60% now.
- This demographic shift has redirected policy focus towards urban areas and municipal reforms, often at the expense of rural governance and panchayat strengthening.
Reviving the Panchayati Raj System
1. Strengthening Local Governance
- Panchayati Raj institutions should not be diminished to mere implementation agencies for central schemes.
- With 94 crore people residing in villages and 45% of the population reliant on agriculture, robust rural governance remains crucial for India's development.
2. Leveraging Technology for Better Engagement
- Advances in digital technology can enhance citizen participation in local planning and accountability processes.
- A connected Panchayati Raj system can help bridge the rural-urban divide, supporting internal migration and addressing the needs of migrant families.
3. Focus on Sustainable Development
- Panchayats can lead initiatives in water conservation and local renewable energy generation, contributing to sustainable development goals.
- By reclaiming and managing common property resources, panchayats can blend scientific knowledge with traditional practices and public funding for effective resource management.
4. Disaster Risk Management
- Community-based disaster preparedness led by panchayats can enhance resilience to natural disasters.
- Integrating early warning systems and building disaster-resilient infrastructure are key aspects of this proactive approach.
Conclusion
Reviving local governance through the Panchayati Raj system requires a renewed vision and commitment. Strengthening panchayats is essential not only for effective rural administration but also for ensuring inclusive growth and development, given the significant portion of the population still reliant on rural economies.
The Silent Crisis of Rat-Hole Mining
Why in News?
On January 6, a mining accident in Umrangso, Assam, trapped nine workers, leading to the death of at least four.
- Such incidents are frequent in the northeastern region of India, with over 30 miners reported dead in Meghalaya over the past five years.
Recent Mining Tragedy in Assam
- The Guwahati High Court took notice of the tragedy on January 29.
- Weak law enforcement is a major factor allowing illegal mining to continue, with powerful individuals operating mines without proper regulation.
Reasons for the Continuation of Illegal Mining Expansion Since the 1980s
- The demand for coal from West Bengal and Bangladesh has driven the increase of coal mining in Assam and Meghalaya since the 1980s.
Rat-Hole Mining Method 
- This method involves digging narrow tunnels just big enough for a person to crawl through, posing severe safety and environmental risks.
- There are two main types of rat-hole mining:
- Side-cutting: Following coal seams along the slopes of hills.
- Box-cutting: Digging deep pits, sometimes up to 400 feet, and extracting coal horizontally.
Labour Exploitation
- Migrant workers are often trapped in cycles of debt, forced to work in dangerous conditions.
- Children are trafficked into these mines because their small size makes them suitable for the cramped spaces, exposing them to exploitation and abuse.
- There are approximately 26,000 abandoned mine openings, each potentially employing up to 200 workers in shifts, putting thousands at risk daily.
Legal and Regulatory Issues National Green Tribunal (NGT) Ban
- The NGT banned rat-hole mining on April 17, 2014, citing environmental damage and unsafe working conditions.
- This ban was upheld by the Supreme Court in a 2019 case involving Meghalaya.
Weak Law Enforcement
- Many illegal mines operate with the backing of powerful individuals, including bureaucrats and coal mafias.
- Whistleblowers and activists face threats, and authorities often do not take strict action against illegal activities.
Regulatory Loopholes
- Some states seek exemptions under Schedule 6, Paragraph 12A(b) of the Constitution to regulate coal mining according to their own terms.
- Meghalaya's attempt to bypass the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) by passing a resolution remains unapproved.
- Section 23C of the MMDR Act requires states to prevent illegal mining, but enforcement is often weak.
Need for Stronger Action
- Failure of Assam and Meghalaya: Despite the NGT ban and Supreme Court directives, illegal mining persists due to inadequate enforcement by the state governments.
- Centre’s Role: The Union government must intervene if states fail to act, similar to the actions taken in Karnataka’s Bellary region in 2011, where large-scale illegal mining led to a Supreme Court-imposed ban.
A Multi-Faceted Approach to End Illegal Mining Stronger Legal Action
- Rat-hole mining should be made a criminal offense under the MMDR Act, with stricter penalties under Section 21.
- States should align local regulations with the NGT ban under Section 23C of the Act.
Alternative Livelihoods
- Promoting eco-tourism and other sustainable industries can help reduce dependence on illegal mining activities.
Use of Technology
- Implementing satellite-based monitoring systems can help track mining activities and prevent illegal operations.
- The Mining Surveillance System by the Ministry of Mines can improve enforcement, as demonstrated in Karnataka.
Community Participation
- Strengthening the Forest Rights Act, 2006, and ensuring local community consent for mining projects can foster inclusivity and local governance.
Conclusion
- Relying solely on judicial interventions will not resolve illegal mining issues; proactive measures by governments are essential.
- The failure to enforce mining regulations violates the Right to Life under Article 21 of the Constitution.
- Immediate reforms are necessary to prevent further tragedies and protect the lives of thousands of workers.