Pesa Act 1996

The PESA Act of 1996 was enacted to empower self-governance in Scheduled Areas, where Part IX provisions did not apply initially. The PESA Act is based on the Bhuriya Committee's recommendation and it promotes self-rule through Gram Sabha in Scheduled Areas. Ten states, excluding Odisha and Jharkhand, have notified PESA Rules. PESA aligns with traditional practices by involving Gram Sabha in project approval and beneficiary identification. Reservation for STs, preventing land alienation, managing markets, and controlling intoxicants are PESA's powers. Despite positive impacts, bureaucratic hurdles, political collusion, and legislative ambiguities hinder PESA's effectiveness. If rigorously implemented, PESA has the potential to uplift tribal communities by safeguarding their rights and fostering self-governance.

The Provisions of Part IX(Panchayati Raj Institutions) were not applicable in the 5th Schedule areas. According to Article 243 M of the Constitution, Parliament is required to pass legislation for extending the provision of Part IX to the 5th schedule areas. The central government enacted the PESA Act in 1996 on the recommendation of the Bhuriya Committee to encourage self-governance in the Scheduled Areas through Gram Sabha.

Currently, there are 10 states with 5th schedule areas - Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Maharashtra, Madhya Pradesh, Odisha, Rajasthan, and Telangana. All states except Odisha and Jharkhand have notified PESA Rules.

The PESA Act, 1996 was introduced by the government to secure self-governance for the residents of Scheduled Areas in India. Following the implementation of the PESA Act, authority has been devolved to the grassroots level such as gram sabha. It is regarded as the foundation of tribal legislation, PESA acknowledges the traditional decision-making system and advocates for community self-governance. This legislation finds its roots in the principles outlined in the 73rd and 74th amendments of the Indian constitution. The objective of this act is:

• Extending Part IX applicability to Scheduled areas and providing self rule to tribal population
• Ensure Village governance with participatory democracy and make Gram sabha a nucleus of all activities
• To provide an Administrative Framework which is consistent with Tribal traditional practices
• Safeguard and preserve the traditions and customs of tribals
• Empower Panchayats and prevent usurpation of their power.

• PESA is in consonance with customary law and practices
• Gram Sabha is authorised to approve projects for social economic development before implementation and identify beneficiaries for Govt programmes
• A Certificate of fund utilisation is to be provided by Gram Sabha for projects.
• Reservation of seats for STs shall not be less than one-half and Chairperson seat will be reserved for STs
• The act also provides for Nomination of STs having no representation by State Govt, but should not exceed 1/10th of total elected
• Powers of Gram Sabha as per the act:
  • To be consulted for Land acquisition & rehabilitation for development projects
  • Consultation on use of Minor water bodies, Mining lease, Concession for exploitation of Minor Minerals, Minor Forest Produce
  • Enforce prohibition or regulate consumption of intoxicants
  • Prevent alienation of Land and take appropriate actions
  • Manage the village markets and Exercise control over money lending, institutions and functionaries of social sector and local plans and resources.

• Protecting cultural distinctiveness and Maintaining tribal identity without any coercion or exploitation
• Protecting interest of tribal populations by promoting their educational and economic interests
• Prevent exploitation by aiming to provide social justice
• Undo historical justice done to Adivasi community
• Perceived as restoration of their dignity and self-governance
• It has led to the improvement of access to basic services in Scheduled areas.
• Protected the land rights of tribals to prevent encroachment from outsiders.

• Administrative issues:
  • Denial of permission to Gram Sabha by revenue officer and inordinate delays
  • Bureaucratic attitude create bottleneck impacting effective decentralisation
  • Nexus and Collusion between politicians, bureaucrats and private companies
  • Lack of coordination between 2 ministries ie Ministry of Panchayat & Ministry of Tribal Affairs
  • Lack of public consensus eg In Khunti District, 65% of people whose land were acquired were not asked/consulted
• Legislative issues:
  • The PESA Act is overridden by multiple State Acts
  • Non Formulation of Rules by many States, such as Jharkhand & Odisha, thus official system is not operationalised in all 5th Scheduled Areas.
  • Lack of clarity on terms like minor water bodies, minor minerals etc leading to ambiguity
  • The decisions and recommendations of State Finance Commission decisions are implemented selectively which gives Panchayats less real power in practice.

PESA has significant potential to enhance the well-being of the tribal populace inhabiting Scheduled Areas, as it formally acknowledges their entitlements to natural resources. If effectively enforced, PESA can serve as a transformative force to revitalise the local governance and foster an environment where the rights of Tribal communities are legally acknowledged and protected which will contribute to the overall upliftment of tribal livelihoods and communities.