PESA Act
Source : Indian Express
GS II: Policies and Developmental Studies

What is discussed under PESA Act?

1. Implementation gaps of PESA in Gujarat
2. What is PESA act?
3. What are the goals of PESA?
4. What are the significances of implementing the act?
5. What are the issues related to PESA?

Why in News?

In Gujarat’s Chhota Udepur district, tribals have a six-point “guarantee” from Aam Aadmi Party (AAP) leader Arvind Kejriwal, including “strict implementation” of the Panchayats (Extension to the Scheduled Areas) Act (PESA Act).

Key Facts

• • Gujarati political parties are attempting to win over tribal voters by promising to adhere closely to the 1996 Panchayat Extension to Scheduled Areas (PESA) Act.
  • By notification of the rules in January 2017, the State PESA Rules became applicable to 4,503 Gram Sabhas under 2,584 village panchayats in 50 tribal talukas in eight districts of Gujarat.
  • However, legal experts say the act has not been strictly adhered to.

PESA and tribal population in Gujarat

• • Gujarat is among the 10 states that have Schedule Areas, and accounts of 8.1% of the ST population.
  • The tribals are concentrated in the eastern districts, along the Rajasthan, Madhya Pradesh and Maharashtra borders.
  • Gujarat is home to 11 significant tribes, with the Bhil making up almost 48% of the state’s total tribal population.

Implementation gaps of PESA in Gujarat

• • In November 2020, Gujarat announced that the Statue of Unity Area Development and Tourism Governance Authority (SoUADTGA) would govern the villages that surround the Sardar Vallabhbhai Patel statue in the tribal region of Narmada.

    

  • As a result, SoUADTGA gained the authority to overturn panchayat judgments.
  • On the basis of a central notice, the district administration simultaneously issued an order designating the forest areas in 121 Narmada villages as “eco-sensitive.
  • The eco-sensitive zone notification is still in effect, though.
  • The SoUADTGA has taken control over the six tribal settlements that make up its command region.
  • The Par-Tapi Narmada (PTN) river connecting project had to be abandoned by the Center in March of 2022 due to tribal objections.

What Is PESA Act?

• • The Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA Act is a law enacted by the Government of India for ensuring self-governance through traditional Gram Sabhas for people living in the Scheduled Areas of India.
  • It was enacted by Parliament in 1996 and came into force on 24th December 1996.
  • PESA act is considered to be the backbone of tribal legislation in India.
  • Six states (Himachal Pradesh, Andhra Pradesh, Telangana, Rajasthan, Gujarat and Maharashtra) have formed the PESA laws, and Chhattisgarh would become the seventh state if the rules are enacted.

Background

• • The 73rd constitutional amendment was passed in 1992 with the goal of encouraging local self-governance in rural India. A three-tiered Panchayati Raj Institution was turned into a legislation according to this amendment.
  • However, under Article 243(M), its application to the scheduled and tribal territories was limited.
  • The PESA act of 1996 was in response to the Bhuria Committee’s 1995 recommendations in order to guarantee tribal self-rule for those residing in India’s scheduled areas.
  • While the state legislature has provided a consultative role to guarantee the smooth operation of Panchayats and Gram Sabhas, the PESA handed the Gram Sabha entire power.

Provisions

• • It currently pertains to the Fifth Schedule areas, which deal with the administration of the regions predominately made up of tribal communities.
  • It is in force in ten of the union’s states.
  • Six States—Andhra Pradesh, Himachal Pradesh, Gujarat, Maharashtra, Rajasthan, and Telangana—have notified the PESA Rules.
  • As soon as feasible, the other four States—Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha—should immediately create PESA Rules and start implementing them.

What Are the Goals of PESA?

• To grant the majority of tribe members self-rule.
• To establish Gram Sabha as the focal point of all activities and to implement participatory democracy in village governance.
• To develop a proper administrative structure that adheres to customary procedures.
• To protect and uphold the tribal groups’ traditions and customs.

What Are the Significances of Implementing the Act?

• • Democratic Decentralisation: PESA gives Gram Sabhas significant authority over all social sectors and the ability to approve development plans
  • Identity Preservation: The gram sabhas have the authority to keep up the cultural traditions and identity, and the management of natural resources in a village’s vicinity
  • Conflict Resolution: Gram sabhas have the authority to maintain a safety net over their rights and surroundings against external or internal conflicts.
  • Public Watchdog: The gram sabha would have the authority to regulate and forbid the production, distribution, sale, and consumption of intoxicants within the boundaries of their villages.
  • Past injustice: Its provisions gave the impression that a savior had emerged, erasing the historical injustice done to the tribal people and restoring their honor and self-government customs.

What Are the Issues Related to PESA?

• • The state governments are supposed to enact state laws for their Scheduled Areas in consonance with this national law, resulting in the partially implemented PESA.
  • The partial implementation has worsened self-governance in Adivasi areas, like in Jharkhand.
  • PESA did not deliver due to the lack of:
    • Clarity
    • Legal infirmity
    • Bureaucratic apathy
    • Absence of a political will
    • Resistance to change in the hierarchy of power
  • As per Social audits, different developmental schemes were being approved on paper by Gram Sabha, without actually having any meeting for discussion and decision making.

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