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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.
