The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) is a landmark legislation in India that extends the provisions of the 73rd Constitutional Amendment, which deals with the establishment and empowerment of Panchayati Raj institutions (PRIs), to the Scheduled Areas of the country. These Scheduled Areas are predominantly inhabited by tribal communities, and PESA aims to give these communities more self-governance and a say in local decision-making. The legislation is seen as a step towards empowering tribal populations, safeguarding their traditional rights over land, water, and forest resources, and ensuring their participation in local governance.
The salient features and evolution of PESA can be understood through its historical context, key provisions, and its significance in relation to tribal rights and governance in India.
Historical Context and Evolution of PESA
Pre-Independence Period:
The tribal populations of India have long faced marginalization, especially during British colonial rule. British authorities often introduced land and forest laws that alienated tribal communities from their traditional rights. As a result, many tribal uprisings and revolts took place against the exploitation and encroachment on tribal land and resources. This historical context shaped the tribal consciousness and demand for autonomy and self-governance.
Post-Independence Period:
After India gained independence, the Indian Constitution recognized the unique status of tribal communities. The Fifth and Sixth Schedules of the Constitution provided special protections for tribal areas, recognizing the need for distinct governance structures to safeguard their rights and culture. The Fifth Schedule, in particular, deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram (which are governed by the Sixth Schedule).
Despite these constitutional provisions, many tribal communities continued to face issues related to alienation from their lands, denial of forest rights, and exclusion from decision-making processes. The Panchayati Raj system, which was introduced to decentralize power and promote grassroots democracy, did not extend to these Scheduled Areas due to their unique socio-political conditions. The failure to adequately integrate tribal communities into the democratic framework of local governance led to growing demands for an appropriate legal framework.
The 73rd Amendment and the Need for PESA:
In 1992, the 73rd Constitutional Amendment was enacted to strengthen the Panchayati Raj system across the country by providing a constitutional status to PRIs. However, this amendment did not apply to the Scheduled Areas. There was a growing realization that the generic Panchayati Raj framework might not be suited for the socio-cultural and traditional governance systems of tribal areas. The lack of autonomy and participation in governance continued to plague these regions.
In response to these concerns, the Bhuria Committee was established in 1995 to examine the extension of the Panchayati Raj system to the Scheduled Areas. The committee recommended that any such extension should respect the traditional systems of self-governance in tribal areas and ensure that tribal communities have control over their natural resources. Based on the Bhuria Committee's recommendations, the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) was passed by Parliament on December 24, 1996.
Key Features of PESA
1. Extension of the 73rd Amendment to Scheduled Areas: PESA extends the provisions of the 73rd Amendment to the Fifth Schedule Areas, with special provisions to ensure that the unique cultural and social identities of tribal communities are respected. This includes ensuring that traditional systems of governance are not overridden by modern institutions but rather incorporated into the local governance framework.
2. Empowerment of Gram Sabhas: One of the key features of PESA is the empowerment of the Gram Sabha, which is the assembly of all adult members in a village. In tribal areas, the Gram Sabha is considered the most important institution of self-governance. PESA gives the Gram Sabha substantial powers, such as:
- The right to approve or disapprove development plans and projects in the village.
- The power to safeguard and preserve the traditions and customs of the tribal community.
- The power to manage and regulate the use of minor forest produce.
- The power to resolve disputes through customary methods.
- The authority to manage local natural resources, including land, water, and forests.
3. Control over Natural Resources: PESA gives local tribal communities significant control over their natural resources. The act ensures that the ownership of minor forest produce, including non-timber forest products like bamboo, tendu leaves, and medicinal plants, is vested in the Gram Sabha. This is crucial in empowering tribal communities to manage their forests sustainably and earn livelihoods from them.
4. Consultation with Gram Sabhas for Land Acquisition: Before any land acquisition or the resettlement of people in Scheduled Areas, PESA mandates consultation with the Gram Sabha. This provision helps prevent the arbitrary displacement of tribal communities from their ancestral lands due to development projects or industrial activities. It also aims to prevent alienation of tribal lands.
5. Safeguarding Tribal Rights: PESA recognizes the importance of safeguarding the cultural and social traditions of tribal communities. It allows them to manage their internal affairs through their customary laws and practices. This ensures that external legal frameworks do not disrupt the socio-cultural fabric of tribal societies.
6. Village-Level Dispute Resolution: PESA provides for dispute resolution at the village level through traditional methods. Tribal communities often have their own systems of conflict resolution that are more in tune with their cultural values and way of life. PESA acknowledges the role of these systems in maintaining harmony and resolving disputes within the community.
7. Role in Development Projects: Development projects in Scheduled Areas, such as infrastructure development or mining activities, often have a significant impact on tribal communities. PESA mandates that the Gram Sabha must be consulted before the implementation of any development projects, and their consent is necessary. This ensures that tribal communities have a say in how development projects affect their land, water, and other resources.
8. Prohibition of Alcohol and Regulation of Social Issues: PESA allows Gram Sabhas to regulate and control the sale and consumption of intoxicants, particularly alcohol, within their villages. This power is intended to address social issues related to alcoholism, which is a concern in many tribal areas.
9. Village-Level Resource Management: PESA gives tribal communities the power to manage and control village markets and regulate the moneylending practices that often exploit tribal people. By doing so, it seeks to address issues of economic exploitation and ensure that the benefits of local economic activities remain within the community.
Significance of PESA
- Decentralization and Tribal Empowerment: PESA is a significant step towards decentralization in Scheduled Areas. It empowers tribal communities to manage their affairs and protect their interests through direct participation in decision-making processes. This is crucial in areas where traditional governance structures had often been sidelined.
- Protection of Tribal Identity and Culture: The Act recognizes the importance of preserving tribal identities, cultures, and ways of life. It allows tribal communities to govern themselves according to their customs, ensuring that external pressures do not erode their cultural heritage.
- Enhanced Control over Natural Resources: Control over natural resources, especially minor forest produce, is a critical aspect of tribal livelihoods. PESA helps tribal communities gain control over these resources, ensuring that they can benefit economically while preserving their environment.
- Addressing Historical Injustices: Tribal communities have long faced marginalization and exploitation. PESA is a step towards rectifying historical injustices by providing legal safeguards for tribal rights, particularly in relation to land, forests, and natural resources.
Challenges in Implementation
Despite the progressive nature of PESA, its implementation has been uneven across different states. Several states have either not fully implemented the Act or have passed watered-down versions that do not fully empower Gram Sabhas. The lack of political will, bureaucratic inertia, and conflicts with existing laws (such as land acquisition laws) have hindered the full realization of PESA's objectives.
Conclusion
The Panchayats (Extension to Scheduled Areas) Act, 1996, is a critical piece of legislation aimed at empowering tribal communities by granting them greater control over their resources, governance, and cultural identity. However, for PESA to achieve its full potential, there must be a concerted effort by state governments, civil society, and tribal leaders to ensure its proper implementation. Empowering tribal communities through PESA not only fosters inclusive governance but also strengthens the democratic fabric of India by recognizing and protecting the rights of some of its most marginalized citizens.
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