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PESA Act

This article will cover detailed information about PESA Act

Why in the News?

Recently, a political party called for strict implementation of The Panchayats (Extension to the Scheduled Areas) Act (PESA Act) in Gujarat’s Chhota Udepur district in its election manifesto.

Key Points:

Key Features of PESA Act

  • A State legislation enacted on the Panchayats in the Scheduled Areas shall be in sync with the customary law and social and religious practices.
  • Every village will have a Gram Sabha having people whose names are mentioned in the voter list of the Panchayat at the village level.
  • Every Gram Sabha shall be empowered for safeguarding and preserve the traditions of people, their cultural identity, community resources and the customary way of dispute resolution. 
  •  It recognises the right of tribal communities, who are residents of the Scheduled Areas, to govern themselves through their own systems of self-government.

Powers of Gram Sabha in the PESA Act of 1996:

  • To enforce prohibition or to regulate and restrict the sale and consumption of any intoxicant
  • Ownership of minor forest produce and minor water bodies
  •  Management of all types of village markets
  •  Exercise control over local plans and their resources, including tribal sub-plans.

What are Scheduled Areas?

  •  Article 244(1) of the Indian Constitution elucidates upon the ‘expression Scheduled Areas’. It means such areas as the President may by order declare to be Scheduled Areas.
  • The Government of India shall have executive powers to give directions to the States as to the administration of the Scheduled Areas.
  • The Fifth Schedule of the Indian Constitution gives guidelines for the administration of Scheduled Areas as well as of Scheduled Tribes residing in any State other than the following States: Assam, Meghalaya, Tripura and Mizoram.
  • Fifth Schedule Areas States:
    • Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand.
    • Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana.

Criteria for Declaring Schedule Areas:

  • A significant number of tribal populations;
  • A reasonable size of the area;
  • Under-development in the area; 
  • The disparity in the economic standard of the people.

Why the PESA act was enacted in 1996?

  • The provisions of Part IX of the Indian constitution relating to the Panchayats are not applicable to the Fifth Schedule areas.
  • Thus, the PESA act was enacted in 1996 “to provide for the coverage of the provisions of Part IX of the Indian Constitution relating to the Panchayats in the Scheduled Areas”.
  • It was enacted to ensure self-governance through Gram Sabhas (village assemblies) for people living in the Scheduled Areas.

Operational Gaps in PESA:

  • The Act is applicable to the Fifth Schedule Areas only and does not cover the Sixth Schedule Areas.
  • It has been found that the awareness of the provisions of PESA is very low among all stakeholders that including officials, elected representatives and tribals. 
  • While passing the State Panchayat Acts, it should be seen that they are in consonance with the custom, society and religion of the tribals concerned. 
    • These aspects vary among tribes within each state.
  • Inconsistencies in Conformity Act should be modified and a comprehensive Panchayat law removing inconsistencies has to be brought.