PESA Act

This article will cover detailed information about PESA Act

Table of Content

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.