Recently, the Chhattisgarh government has proposed draft rules under the Panchayat Extension to Scheduled Areas (PESA) Act, rechristened as the Chhattisgarh Panchayat Provisions (Extension of the Scheduled) Rules, 2021. This initiative is in response to the continuous demands of the state’s tribal communities seeking legal enactment of PESA rules for improved control over their resources.
Historical Context and Ongoing Adoption of PESA Act 1996
The background of PESA Act 1996 dates back to the 73rd constitutional amendment in 1992 that aimed at promoting local self-governance in rural India through a three-tier Panchayati Raj Institution. The implementation of this structure was limited in scheduled and tribal areas under Article 243(M). However, the advent of PESA Act 1996, post the Bhuria Committee recommendations in 1995, has ensured tribal self-rule in these regions.
The adoption of the PESA Act has been observed in six states—Himachal Pradesh, Andhra Pradesh, Telangana, Rajasthan, Gujarat, Maharashtra—and Chhattisgarh is poised to become the seventh on the list.
Relevance of State Governments in Implementing PESA
To execute the vision of self-governance for people living in scheduled areas through gram sabhas (village assemblies), the PESA Act was enacted by the Centre. The Act mandates state governments to amend their respective Panchayat Raj Acts in alignment with PESA, without contravening its mandate.
The Objectives of the PESA Act
The primary aim of the PESA Act is legal recognition of tribal communities’ right to self-governance and traditional rights over natural resources.
Role of Gram Sabha in PESA
Historically, gram sabhas have played a crucial role in PESA, contributing to democratic decentralisation and conserving cultural heritage. These bodies assist in managing a range of social sectors including local markets, human resources, land, water, and forest resources. In addition, they act as public watchdogs to regulate matters like land alienation and manufacturing or transportation of intoxicants.
Challenges in Implementing PESA
Despite its promising benefits, the implementation of PESA has faced hurdles such as bureaucratic indifference, lack of political will, and a reluctance to disrupt power hierarchies. This has resulted in partially implemented PESA, which impairs self-governance in some tribal areas. Moreover, social audits reveal that developmental schemes were often approved on paper without genuine discussion or decision-making.
India’s Tribal Policy
In India, most tribes are categorised under Article 342 (1&2) as “Scheduled Tribes”. Their right to self-determination is safeguarded by Part X: The Scheduled and Tribal Areas – Article 244: Administration of Scheduled Areas and Tribal Areas; Fifth and Sixth Schedules of the Indian Constitution; The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA; The Tribal Panchsheel Policy; and Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
PESA’s Road Ahead
If executed properly, the PESA Act has the potential to rejuvenate the fading self-governance system in tribal regions. Additionally, it can serve as an opportunity to rectify issues in traditional governance systems, making them more gender-inclusive and democratic.
