The PESA Act, its implementations, and impact on the tribal community in India is an important domain to explore. The Panchayat Extension to Scheduled Areas (PESA) Act, 1996 has generated significant political interest in recent years, especially in Gujarat, where electoral parties are promising strict enforcement of the Act to woo tribal voters. However, its application and effectiveness remain controversial.
The PESA Act: A Brief Overview
Enacted in 1996, the PESA Act extends the provisions of Part IX of the Constitution, which deals with Panchayats, to Scheduled Areas. These areas are those referred to in Article 244(1), under which the provisions of the Fifth Schedule apply to Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.
Ten states, including Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana, have recognized Fifth Schedule areas encompassing several districts.
The primary objectives of the PESA Act are to ensure self-governance through Gram Sabhas for people living in Scheduled Areas. The Act acknowledges traditional rights over natural resources and empowers Gram Sabhas to control development plans and social sectors.
Significance of Implementing the PESA Act
Implementation of the PESA Act carries significant implications, the foremost being democratic decentralization. This allows Gram Sabhas to manage resources such as water, forests, land, and human resources. They also play a crucial role in managing local markets, preventing land alienation, regulating intoxicants, and preserving cultural identity and tradition.
Conflict resolution is another significant aspect of implementing the PESA Act, enabling Gram Sabhas to maintain their rights and surroundings against external or internal conflicts.
Challenges in the Implementation of PESA
While the PESA Act holds promise for tribal communities, its implementation remains problematic. State governments are obligated to enact state laws for Scheduled Areas in alignment with this national law. However, partial implementation has led to compromised self-governance in Adivasi areas, like Jharkhand.
Experts have also highlighted administrative hurdles due to lack of clarity, legal infirmity, bureaucratic apathy, absence of political will, resistance to change in power hierarchy, and more.
How do Tribal Rights Stand in India?
In India, tribes are collectively identified under Article 342 (1&2) as Scheduled Tribes. Their right to self-determination is guaranteed by Part X: The Scheduled and Tribal Areas – Article 244: Administration of Scheduled Areas, Tribal Areas, Fifth and Sixth Schedules of the Indian Constitution, the PESA Act, and the Tribal Panchsheel Policy.
Moreover, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 concerns the rights of forest-dwelling communities to land and other resources.
Way Forward
The PESA Act, if implemented correctly, can rejuvenate dwindling self-governance in tribal areas. This will give an opportunity to correct the loopholes in the traditional governance system and make it a more gender-inclusive and democratic space. Proper implementation of the PESA Act is not just a legislative concern but integral to respecting and safeguarding the rights of the country’s tribal population.