Why in news?
One Day National Conference was organized to observe the 25th year of the enactment of the Panchayats (Extension to Scheduled Areas) Act 1996, as a part of Azadi Ka Amrit Mahotsav.
What is it?
Panchayats (Extension to Scheduled Areas) Act 1996 (PESA)-
- The Panchayat (Extension of the Scheduled Areas) Act, 1996 or PESA, was enacted by the Centre to ensure self-governance through Gram Sabhas (village assemblies) for people living in scheduled areas.
- 73rd Amendment Act, 1992 that is Part 9 of the Constitution related to Rural local Self Government was not meant to be applied to the Fifth schedule areas. However, later on understanding the effectiveness of local Self Government, a form of local Self Government was introduced in Fifth schedule areas through a Parliamentary law known as PESA Act 1996.
- Dileep Singh Bhuria Committee(1995), based on the recommendations of the committee the PESA act was enacted in 1996 for tribal empowerment and to bring them in the mainstream.
- Article 243M of the Constitution exempts the 5th schedule areas from Part 9 of the Constitution but the Parliament is empowered to extend its provisions to the Scheduled and Tribal Areas by law without it being considered as an amendment to the Constitution. PESA legally grants the right of tribal communities, residents of the scheduled areas, to govern themselves through their own systems of self-government, and also acknowledges their traditional rights over natural resources.
- PESA empowers gram sabhas to play a vital role in approving development plans and controlling all social sectors.
- The scheduled areas found in 10 states: Andhra Pradesh, Chhattisgarh, Himachal Pradesh, Madhya Pradesh, Gujarat, Maharastra, Orissa, Rajasthan and Telangana, Jharkhand.
- The Ministry of Panchayati Raj is the nodal Ministry for implementation of the provisions of PESA in the States.
Powers endowed to Panchayats in the Scheduled Areas:
- The power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.
- The ownership of minor forest produce. o The power to prevent alienation of land in the Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribe.
- The power to manage village markets by whatever name called.
- Exercise control over money lending to the Scheduled Tribes.
- The power to exercise control over institutions and functionaries in all social sectors. o The power to control over local plans and resources for such plans including tribal subplans.
Significance of PESA-
- Empowered Gram Sabhas : Powers are endowed to Panchayats and they play a crucial role in approving development plans this ensures self-governance.
- Cultural Preservation: The Gram Panchayats have power to maintain the cultural identity and tradition, control over schemes affecting them.
- Tribal Integration: Decentralised governance will lead to reduce grievances of Tribal people, so it can build trust in them towards integration with mainstream.
- Protection of ecosystem: As the tribes have better connection with environment, they have better access to forest, land and other community resources, they have more value to preserve ecosystem. So PESA empowers tribes through Gram Sabhas to preserve their connection with ecosystem. For example, for any new developmental project in Scheduled Areas, approval of Gram Sabha is required.
Issues with PESA-
- Poor Implementation of law: A study on “status of Panchayat (Extension of the Scheduled Areas) Act”, in Gujarat, Orissa and Andhra Pradesh by Indian Institute of Public Administration highlighted poor implementation of the act.
- It worsened self-governance in Adivasi areas, like in Jharkhand.
- Lack of coordination at Centre: Two different ministries related to Scheduled Areas, the Ministry of Panchayati Raj and the Ministry of Tribal Affairs, have an overlapping influence and they function without any coordination.
- Lack of awareness about PESA amongst tribal community.
- PESA Rules: After so many years of implementation of the act, some states are yet to frame PESA rules.
- Non-compliance or violation of PESA provisions
Conclusion-
PESA is essential to ensure self-governance in tribal areas. States, Ministries and related departments should work in tuneful manner. So that it can rejuvenate the dying selfgovernance system in the tribal area. There should be more focus on social development of
Scheduled Areas.