Answer:

Introduction:

The Panchayats Extension to Scheduled Areas Act (PESA) of 1996 represents a pivotal legislative framework designed to ensure self-governance for India’s tribal populations residing in Scheduled Areas. This act is a significant extension of the 73rd Constitutional Amendment, aimed at promoting local self-governance in rural India but was limited in its application to Scheduled and Tribal Areas by Article 243(M) of the Indian Constitution. PESA was enacted in response to the Bhuria Committee’s recommendations for tribal self-rule and became effective on December 24, 1996. The primary objective of PESA is to empower the tribal people through the Gram Sabha, recognizing their traditional rights over natural resources and affirming their rights to manage their affairs in accordance with their customs and traditions​​​​.

Body:

Key Features of the PESA Act:

• Gram Sabha as the Core: The act establishes the Gram Sabha as the nucleus of all activities, ensuring participatory democracy in local governance.
• Management of Natural Resources: It grants the Gram Sabhas authority to manage and control local resources such as land, water, and forests.
• Preservation of Tribal Culture: PESA aims to safeguard and preserve the traditions, customs, and culture of tribal communities.
• Administrative Autonomy: It provides autonomy to panchayats in scheduled areas to plan and implement development programs, emphasizing self-governance and decision-making at the local level​​​​.

Challenges in Implementation:

Despite its comprehensive framework, the implementation of PESA has encountered numerous challenges:

• Awareness and Capacity Building: There is a significant gap in awareness among the tribal population about their rights under PESA. Additionally, there’s a need for capacity building among local governing bodies to effectively implement the provisions of the act.
• Interference and Integration: The traditional governance systems of tribal communities often face challenges integrating with the formal administrative frameworks, leading to potential conflicts and interference.
• Resource Management and Utilization: Effective management and utilization of natural resources while preserving the ecological balance remain a critical challenge.
• Coordination Among Various Levels of Governance: Ensuring seamless coordination among the Gram Sabha, Panchayats, and higher levels of government is essential for the successful implementation of PESA but has proven to be difficult in practice.

Conclusion:

The enactment of the PESA Act was a landmark step towards recognizing and institutionalizing the rights of India’s tribal populations to govern themselves in accordance with their traditional practices and customs. However, to fully realize the objectives of PESA, concerted efforts are needed to address the implementation challenges, involving capacity building, raising awareness, and improving coordination among all stakeholders involved in tribal governance and development​​​​.

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