The PESA Act extendsthe Panchayati Raj Instiutions (PRIs) to the tribal-dominated Fifth Schedule Areas (under Article 244).
- PRIs were given constitutional status via 73rd Amendment (1993) to establish local governance structures at the village, block, and district levels, except the Schedule Areas of following 10 states
- Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana.
Salient Features of PESA Act
- Gram Sabha Empowerment: Mandatory consent of Gram Sabha for local resource management such as land acquisition, development projects, minor forest produce, minor minerals, etc.
- Powers: Gram Sabhas and Panchayats can prohibit or regulate the sale and consumption of any intoxicant, land protection & alienation, village market management, Money-lending Control, etc.
- Preservation of Culture: It recognizes and protects the unique traditional governance systems, customary laws, and cultural identity of tribal communities.
- Legal Supremacy: PESA overrides standard constitutional rules and state legislature laws.
As the PESA Act marks three decades, it remains an under-realized framework for tribal self-governance due to absence of a mandatory timeline for rule-making, dominance of bureaucratic structures over Gram Sabhas, and lack of devolution of funds, functions and functionaries.
Initiatives taken to strengthen PESA Act, 1996
|
