30th anniversary of The Panchayats (Extension to Scheduled Areas) Act (PESA) 1996 celebrated | Current Affairs | Vision IAS
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ESC

In Summary

The PESA Act extends tribal local governance, empowering Gram Sabhas in Fifth Schedule Areas, but remains under-implemented due to lack of funds, timelines, and institutional support.

In Summary

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

  • PESA-GPDP Portal: The PESA-Gram Panchayat Development Plan Portal was launched (September 2024) to facilitate the planning and monitoring of development activities and resource allocation.
  • Institutional Support: The Ministry of Panchayati Raj has established a dedicated PESA Cell and is setting up Centres of Excellence in central universities (e.g., Indira Gandhi National Tribal University) to institutionalize capacity-building.
  • Linguistic Outreach: Training manuals have been translated into regional languages (Telugu, Marathi, etc.) and tribal languages like Santhali, Gondi, Bhili, and Mundari.
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