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Introduction      

The Panchayat Extension to Scheduled Areas (PESA) Act, 1996 is a significant stride towards reinforcing grassroots democracy in India’s tribal heartlands. Inspired by the recommendations of the Bhuria Committee in 1995, the Act extends Part IX of the Constitution to scheduled areas and scheduled tribes, ensuring self-governance through traditional Gram Sabhas. 

Body 

Ways in which PESA Act, 1996 ensure the devolution of powers to tribal areas in India

• Gram Sabha Empowerment: PESA has uniquely positioned Gram Sabhas as primary decision-making units. Eg: In states like Jharkhand and Chhattisgarh, Gram Sabhas have actively decided on matters related to community resources, such as minor forest produce. 
• Management of Resources: Under PESA, tribal communities in Maharashtra have asserted their rights to manage and conserve their community forest resources, showcasing a community-led approach to resource management.
• Control over Institutions: In Odisha, tribal communities, using PESA, have exerted control over local schools and health centres, ensuring these institutions serve community needs effectively.
• Cultural Autonomy: States like Rajasthan have seen tribal festivals and practices get state recognition and support. PESA aids in such recognitions, emphasising the preservation of tribal heritage.
• Regulation of Alcohol: PESA’s provisions have been invoked in Andhra Pradesh, where tribal communities have regulated the sale of traditional liquor, balancing cultural practices with health concerns.
• Consultation Mandate: In Himachal Pradesh, the proposed land acquisition for development projects was successfully halted until consultations with the local Gram Sabhas were conducted, upholding PESA’s spirit.
• Protection from Displacement: In the Niyamgiri Hills of Odisha, the Dongria Kondh tribe used PESA’s provisions, alongside the Forest Rights Act, to prevent mining activities, ensuring their ancestral lands weren’t unjustly taken away.
• Alignment with Sixth Schedule: While the Sixth Schedule primarily applies to the North-East, PESA’s alignment with it ensures similar self-governance models. Eg: the autonomous councils in the North-East have parallels with empowered Gram Sabhas in PESA regions.

Challenges faced by the tribal communities in exercising their rights and responsibilities under this act

• Implementation Lags: Despite PESA’s visionary stance, its actual implementation varies. For instance, in Chhattisgarh, despite the act being in place, many tribal rights, especially related to minor forest produce, face bureaucratic red tape.
• Economic Pressures: The Niyamgiri Hills in Odisha saw the prolonged tussle between the interests of the mining industry and the rights of the Dongria Kondh tribe. Despite the tribe’s eventual win, the conflict exemplifies the economic pressures overshadowing PESA’s provisions.
• External Influences: In the tribal belts of Tripura, non-tribal businesses and settlers have often introduced practices and commodities that sometimes conflict with traditional tribal ways, thereby diluting PESA’s spirit.
• Conflicts with Other Laws: In Assam, PESA often clashes with the Forest Rights Act, especially concerning community forest resource rights, creating ambiguities and conflicts in tribal rights.
• Erosion of Traditional Mechanisms: The introduction of formal structures, as seen in parts of Andhra Pradesh, has sometimes sidelined traditional tribal councils, weakening time-tested governance structures.
• Under-resourced Institutions: Tribal panchayats in Himachal Pradesh’s tribal-dominated regions, like Kinnaur, often lack the requisite resources or training to optimally leverage PESA’s provisions for community development.  

Suitable recommendations in this regard

• Robust Training Programs: Organise specialised training modules for local leaders, ensuring they’re not just versed in PESA’s provisions but also its underlying spirit. Eg: creating a ‘PESA Leadership Academy’ can offer regular courses, workshops, and field training.
• Streamline Laws: Establish a dedicated legislative review committee comprising tribal leaders, legal experts, and representatives from different states. This body can work on reconciling state laws with PESA to create a harmonised legal landscape.
• Empower Gram Sabhas: Foster a ‘Gram Sabha Development Scheme’, which focuses on infrastructure enhancement, digitization of records, and resource allocation, ensuring that these local bodies can effectively govern.
• Periodic Reviews: Introduce a ‘PESA Performance Index’, rating regions on various parameters related to the act’s implementation. This index can offer insights, highlight best practices, and indicate areas needing intervention.
• Strengthen Dispute Resolution: Establish ‘PESA Courts’ or special tribunals in tribal regions, prioritizing disputes related to the act. These courts, with a mix of formal law and tribal customs, can ensure justice is both swift and culturally sensitive.
• Engage Civil Society: Launch a ‘PESA Partnership Program’ where NGOs, research institutions, and civil society groups collaborate on projects aimed at bolstering PESA’s reach, from research to on-ground implementation.
• Digital Platforms: Develop a dedicated ‘PESA Portal’ which serves as a one-stop source for all information, resources, best practices, and grievances related to the act. It can be complemented by a mobile app, ensuring wider accessibility.
• Legal Clinics: Collaborate with law schools to set up legal clinics in tribal areas. These clinics, run by law students under expert supervision, can offer guidance, raise awareness, and provide pro-bono legal support on PESA-related matters.
• Cultural Sensitization: Institute a mandatory ‘Tribal Culture Immersion Program’ for administrators and officials working in tribal regions. By spending time with communities, understanding their rituals, folklore, and lifestyles, officials can execute their roles with greater empathy. 

Conclusion

While the PESA Act, 1996 has paved the way for inclusive governance in tribal regions, its full potential is yet to be realised. By weaving these innovative suggestions into the fabric of PESA’s implementation strategy, India can ensure that the act not only remains a beacon of tribal empowerment but also becomes a global exemplar in indigenous rights protection.

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