PESA Act

Why in news?

• Chhattisgarh has implemented Panchayats (Extension to the Scheduled Area) or PESA Rules 2022.

More about new:

• Chhattisgarh’s PESA Rules mandate that 50% of the members of the Gram Sabha are from Tribal communities (of which 25% will be female members).
• For PESA Act to be effective, it is important that Rules be framed by the states.
• Out of 10 states (Andhra, Telangana, Chhattisgarh, Gujarat, HP, Jharkhand, MP, Maharastra, Odisha, and Rajasthan) who have notified 5th Schedule Areas, only 7 states (including Chhattisgarh and Gujarat) have notified Rules to implement the PESA Act.

What is Panchayats Extension to Scheduled Areas (PESA) Act, 1996?

• It extends the provisions of Panchayats (Part IX of the constitution) to the Fifth Schedule Areas.
• It ensures self-governance through Gram Sabhas for people living in the Scheduled Areas.

Background:

• The 73rd constitutional amendment (19992) gave shape to a three-tier Panchayati Raj Institution, however, its application to the scheduled and tribal areas under Article 243(M) was restricted.
• It was after the Bhuria Committee recommendations in 1995 that PESA Act 1996 came into existence.

 Powers provided to Gram Sabha under PESA:

• Developmental related Power:
  • Consultation before the land acquisition, prevent land alienation, power to enforce prohibition, prior approval of all developmental projects and control over tribal sub-plan, maintenance of cultural identity and tradition, control over schemes affecting the tribals etc.
• Judicial powers:
  • Dispute resolution as per traditional laws and customs.
• Ownership and management of natural resources:
  • E.g. water, forest, common lands (‘Jal, Jangal, and Zameen’), minor forest produce, minor minerals, etc.
• Minor Forest Produce:
  • It has been defined under FRA 2006, as those including all nontimber forest produce of plant origin, including bamboo, brushwood, stumps, cane, tussar, etc.

Issues Related to PESA:

• The state governments are supposed to enact state laws for their Scheduled Areas in consonance with this national law. This has resulted in the partially implemented PESA.
• The partial implementation has worsened self-governance in Adivasi areas, like in Jharkhand.
• Many experts have asserted that 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, and so on.

PRACTICE QUESTION:

Which of the following powers provided to Gram Sabha under Panchayats Extension to Scheduled Areas (PESA) Act, 1996?

1. Ownership and management of major minerals including Coal

2. Dispute resolution as per traditional laws and customs

Select the correct answer using the code given below:

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

                             B

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