PESA Act 1996 , is an important law in India. It was created to apply the principles of Part IX of the Constitution, which focuses on Panchayats, to Scheduled Areas with some changes. This legislation acknowledges the distinct cultural, social, and economic circumstances of tribal communities in these regions and seeks to empower them through self-governance.
Objectives of the PESA Act
- Decentralization
In order to bring decision-making closer to the grassroots level, especially in tribal areas, there is a need to decentralize the governance structure.
2-Protection Of Tribal Rights
The aim is to safeguard the rights and interests of tribal communities by granting them a substantial role in the governance of their regions.
3-Cultural preservation
The objective is to safeguard and advance the distinct cultural and social customs of tribal communities.
Key Features of the PESA Act
1-Empowerment of Gram Sabha
Gram Sabha have been given the power to protect and uphold the traditions, customs, cultural identity, community resources, and customary methods of resolving disputes. Prior consultation with the Gram Sabha is mandatory before implementing any plans and programs for social and economic development in the Scheduled Areas.
2-Ownership Of Minor Forest Produce
The Act grants ownership of minor forest produce to Panchayats and Gram Sabhas, acknowledging the traditional rights of tribal communities.
3-Consultation Before Acquisition
Prior to acquiring land for development projects, it is essential to consult with and obtain consent from the Gram Sabha. This ensures that tribal communities have a voice in the decision-making process regarding the use of their ancestral lands.
4-Village Market Management
The Gram Sabha have the power to oversee village markets, allowing them to control and supervise local business activities.
5-Control over Local Institution
Local institutions such as schools, health centers, and water resources are under the authority of Gram Sabha, enabling them to oversee and manage these resources according to their specific requirements.
Challenges and Implementation Issues
1-Lack of Awareness
Tribal communities frequently lack awareness of their rights under the PESA Act, leading to obstacles in its successful implementation.
2-Administrative Issue
Bureaucratic and administrative barriers may impede the consultation process and weaken the authority of the Gram Sabha.
3-Political Interventions
Political interference can impact the decision-making process, diminishing the effectiveness of the Gram Sabha.
4-Resource Constraints
The functioning of the Panchayats and Gram Sabha may be hindered by limited financial and human resources.
click here to download pdf for more Details