The Panchayat (Extension to Scheduled Areas) Act of 1996 (PESA) was enacted to extend the provisions of Part IX of the Indian Constitution to Scheduled Areas, thereby promoting tribal self-governance. This was based on the recommendations of the Bhuria Committee, aimed at empowering tribal communities and preserving their unique culture and traditions. The Act addresses the needs of India’s tribal population, which constitutes 8.2% of the total population but remains among the most marginalized.
The Panchayat (Extension to Scheduled Areas) Act, 1996
Tribal Population in India
- Demographics: Adivasis constitute 8.2% of India’s total population.
-
-
- They have a rich and distinct identity and culture.
- Each tribal community has its own territorial identification.
-
- Lifestyle and Gender Equality: Adivasis live close to nature and are separate from mainstream society.
- Women in tribal communities enjoy equal status with men.
- Groups of Adivasis
|
|
|
|
|
|
- Historical Context: Adivasis were the original inhabitants of India’s plains.
-
- Driven to forests and mountains by various invasions.
- Livelihoods depend on forest produce, hunting, and difficult hill cultivation.
- Socio-Economic Challenges: Over centuries, Adivasis have faced economic, social, and political disadvantages.
- Vulnerable to marginalization and exploitation.
- 40.1% of tribals are displaced throughout India.
- 45.86% of rural Scheduled Tribes live below the poverty line (BPL); nationally, this rises to 55.2%.
- Poverty and Living Conditions: 63.71% of Adivasis live in extreme poverty.
-
- Limited access to land, poor cultivation, and inadequate health services.
- High incidence of communicable and non-communicable diseases.
- Few income generation opportunities; many work as wage laborers.
- Vulnerable to economic migration.
- Basic Amenities: 63.5% of tribal households lack access to electricity.
- 53.1% of tribal households lack safe drinking water.
- 83% of the tribal population lacks access to sanitation facilities.
- Average monthly consumption expenditure is INR 388 (approximately $8).
- Community-Based Organizations (CBOs) and NGOs: In post-independent India, various CBOs and NGOs have become active in Adivasi development.
Constitution and the Tribals Fifth & Sixth Schedules
- Identification and Rights: Tribes are identified as Scheduled Tribes under Article 342 (1&2) of the Indian Constitution.
-
-
- Part X, Article 244, guarantees their right to self-determination:
- Fifth Schedule: Applies to Scheduled Areas and Tribes in states except Assam, Meghalaya, Tripura, and Mizoram.
- Sixth Schedule: Applies to tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
- Part X, Article 244, guarantees their right to self-determination:
-
- Protection of Tribal Interests: The Constitution protects tribal autonomy and land rights through the Fifth and Sixth Schedules.
- Fifth Schedule: Notifies Scheduled Areas and mandates a Tribal Advisory Council (TAC) at the state level.
- Sixth Schedule: Administers tribal areas with Regional and District Councils having legislative and executive powers.
- Powers of Regional and District Councils: Can establish village councils or courts for tribal disputes.
-
- Have authority over primary schools, dispensaries, markets, roads, and more.
- Can assess and collect revenues.
- Autonomy and Legislation: States like Andhra Pradesh and Madhya Pradesh seek Sixth Schedule status for more autonomy.
- Fifth Schedule: Governors can adapt laws for Scheduled Areas, and the Union Government can direct state administration of these areas.
- Implementation Challenges
-
- Tribal Advisory Councils are often non-existent or ineffective.
- Scheduling of tribal areas remains incomplete.
- Bureaucratic resistance and non-tribal interests hinder progress.
- The rise of Naxalite movements led to some reforms, like the Tribal Sub-Plan for development funds, but implementation is weak.
- The 73rd and 74th Constitutional Amendments for local governance did not automatically apply to Scheduled Areas, missing an opportunity for further empowerment.
Bhuria Committee
- Recommendations for Tribal Self-Governance: In June 1994, the Rao government formed a committee led by Mr. Dileep Singh Bhuria, MP, to explore how Panchayati Raj-like structures could be established in Tribal and Scheduled Areas and to define their powers.
- The committee submitted its report in January 1995, recommending a three-tier self-governance system for tribal areas:
- Gram Sabha: Each “habitation community” should have a Gram Sabha to manage natural resources, resolve disputes, and oversee institutions like schools and cooperatives.
- Gram Panchayat: An elected body representing each Gram Sabha, which also serves as an appellate authority for unresolved disputes at the Gram Sabha level.
- Block or Taluka Level Body: This serves as the next higher level of governance above the Gram Panchayat.
Panchayat (Extension to Scheduled Areas) Act (or PESA), 1996
73rd Amendment and Panchayati Raj: In 1992, the 73rd Amendment to the Indian Constitution aimed to decentralize power by transferring resources, responsibility, and decision-making to the Gram Sabha (Village Assembly).
- A three-tier structure of local self-government was established under this amendment.
- PESA Act (1996): Scheduled areas were not automatically covered by the 73rd Amendment, leading to the enactment of the PESA (Provisions of the Panchayats (Extension to Scheduled Areas) Act) on December 24, 1996.
- PESA extended Panchayat provisions to tribal areas in nine states with Fifth Schedule Areas: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Maharashtra, Madhya Pradesh, Odisha, and Rajasthan.
- Most northeastern states with Sixth Schedule Areas, which have their own autonomous councils, are not covered by PESA.
- The Panchayat Extension to Scheduled Areas (PESA) Act of 1996, based on Bhuria Committee recommendations, promotes tribal self-governance in scheduled areas.
Provisions of the PESA Act
- Gram Sabha: The PESA Act establishes the Gram Sabha as the highest decision-making body in a scheduled area.
- It serves as a forum for community participation in the development process, responsible for identifying development projects, creating development plans, and overseeing their implementation.
- Village-level Institutions: The Act mandates the creation of village-level institutions to carry out developmental activities and provide essential services to the community.
- These institutions include the Gram Panchayat, Gram Sabha, and Panchayat Samiti.
- Powers and Functions: PESA legislation grants significant powers and functions to the Gram Sabha and Gram Panchayat concerning natural resource management, environmental protection, and economic activity regulation.
- Consultation: The Act requires that the Gram Sabha be consulted before initiating any development projects or activities in the Scheduled Areas.
- Funds: The Act allows for the transfer of funds to the Gram Sabha and Gram Panchayat to support their functions.
- Land: PESA provides for the protection of land rights for tribal communities in the Scheduled Areas.
- It mandates obtaining their consent before acquiring or transferring any land.
- Cultural and Social Practices: The Act safeguards the cultural and social practices of tribal communities in the Scheduled Areas and prohibits interference in these practices.
Achievements of PESA Act
- Empowerment of Tribal Communities: The PESA Act has empowered tribal communities by providing them with a greater role in the decision-making process related to development through the Gram Sabha and the Gram Panchayat.
- Protection of Land Rights: The Act safeguards the land rights of tribal communities by necessitating the consent of the Gram Sabha before any land is acquired or transferred.
- This provision helps prevent the exploitation of tribal communities by external parties.
- Preservation of Cultural and Social Practices: PESA has played a significant role in preserving the cultural and social practices of tribal communities in Scheduled Areas, protecting their traditions and ways of life.
- Promotion of Decentralization: The Act promotes decentralization by granting more powers and functions to the Gram Sabha and the Gram Panchayat, allowing for local decision-making and governance.
- Improved Access to Basic Services: PESA has contributed to enhancing access to essential services such as education, healthcare, and safe drinking water in the Scheduled Areas.
- This has led to improvements in the overall quality of life for tribal communities in these regions.
Limitations of PESA Act
- Limited Coverage: The Act only applies to Scheduled Areas, leaving tribal communities in non-scheduled areas without the benefits and protections it offers.
- Lack of Awareness: Many tribal communities in Scheduled Areas are not adequately informed about the rights and entitlements granted by the PESA Act, which can hinder its effective implementation.
- Limited Resources: Gram Sabhas and Gram Panchayats often face resource constraints, making it challenging to carry out their functions effectively, particularly in terms of implementing development projects.
- Lack of Trained Personnel: Many Gram Sabhas and Gram Panchayats lack access to trained personnel who can assist in their decision-making processes and governance activities.
- Political Interference: Despite the requirement for consultation with the Gram Sabha, decisions made by these bodies are sometimes not respected and are subject to political interference, undermining the autonomy and authority of these institutions.
- Conflicts with Other Laws: The PESA Act may sometimes conflict with other laws, such as the Forest Rights Act and the Wildlife Protection Act, leading to challenges in its consistent and harmonious implementation.
| Must Read | |
| Current Affairs | Editorial Analysis |
| Upsc Notes | Upsc Blogs |
| NCERT Notes | Free Main Answer Writing |
Conclusion
While the PESA Act has made significant strides in empowering tribal communities, protecting land rights, and preserving cultural practices, it faces challenges such as limited coverage, lack of awareness, and resource constraints.
- Effective implementation requires addressing these limitations, ensuring that tribal communities can fully benefit from the rights and protections offered by PESA, and fostering true participatory democracy at the grassroots level.
