What are the salient features of the Panchayats Extension to the Scheduled Areas (PESA) Act, 1996 ?

Salient Features of the Panchayats Extension to the Scheduled Areas (PESA) Act, 1996

The Panchayats Extension to the Scheduled Areas (PESA) Act, 1996, is a landmark legislation aimed at empowering tribal communities and promoting self-governance in the Scheduled Areas of India. The Act recognizes the unique socio-cultural and economic characteristics of tribal regions and seeks to protect their customary rights and traditional governance systems. Here are the salient features of the PESA Act:

1. Recognition of Tribal Self-Rule

PESA Act recognizes the traditional self-rule and autonomy of tribal communities living in the Scheduled Areas. It acknowledges the Gram Sabhas as the primary decision-making authority at the grassroots level, empowering tribal villagers to govern their affairs and manage local resources according to their customs, traditions, and cultural practices.

2. Empowerment of Gram Sabhas

One of the key provisions of the PESA Act is the empowerment of Gram Sabhas as the democratic institutions of self-governance in tribal areas. Gram Sabhas are endowed with powers to manage natural resources, settle disputes, approve development projects, and safeguard the socio-economic and cultural interests of tribal communities.

3. Protection of Land and Natural Resources

PESA Act provides for the protection of land, forests, water bodies, and other natural resources traditionally used and managed by tribal communities. It prohibits the transfer of land in Scheduled Areas to non-tribal individuals or entities without the consent of the Gram Sabhas, ensuring the preservation of tribal livelihoods and environmental sustainability.

4. Preservation of Tribal Customs and Traditions

The Act recognizes and respects the customary laws, traditional practices, and cultural heritage of tribal communities inhabiting Scheduled Areas. It mandates that all laws, rules, and regulations enacted by the state or central government should be in conformity with the customs and traditions of tribal societies, safeguarding their distinct identity and way of life.

5. Participation in Decision-Making Processes

PESA Act promotes the active participation of tribal communities, especially women and marginalized groups, in decision-making processes at the local level. It mandates that at least one-third of seats in Panchayats and Gram Sabhas should be reserved for women, ensuring their representation and participation in governance and development activities.

6. Strengthening of Tribal Institutions

The Act aims to strengthen the institutional framework of tribal self-governance by enhancing the capacity and authority of traditional tribal institutions, such as tribal councils, village elders, and customary authorities. It recognizes the role of these institutions in maintaining social cohesion, resolving conflicts, and preserving tribal culture and heritage.

7. Protection of Tribal Rights

PESA Act safeguards the rights of tribal communities over their customary land, forests, and natural resources. It prohibits the alienation of tribal lands for industrial, commercial, or infrastructure projects without the free, prior, and informed consent of the affected Gram Sabhas, ensuring the protection of tribal livelihoods and socio-economic interests.

8. Devolution of Powers to Panchayats

The Act devolves administrative, financial, and planning powers to the Panchayats and Gram Sabhas in Scheduled Areas, enabling them to plan, implement, and monitor development programs and schemes tailored to local needs and priorities. It promotes decentralized governance and participatory decision-making, fostering inclusive and sustainable development in tribal regions.

In conclusion, the Panchayats Extension to the Scheduled Areas (PESA) Act, 1996, is a pioneering legislation aimed at empowering tribal communities and promoting self-governance in Scheduled Areas. By recognizing the autonomy of Gram Sabhas, protecting tribal rights, preserving customary laws and traditions, and promoting inclusive decision-making processes, the PESA Act seeks to address the socio-economic and cultural aspirations of tribal communities and foster their holistic development.