Write a short note on Panchayat Extension to Scheduled Areas Act (PESA).
Write a short note on Panchayat Extension to Scheduled Areas Act (PESA).
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Write a short note on Panchayat Extension to Scheduled Areas Act (PESA).
The Panchayat Extension to Scheduled Areas Act (PESA) is a landmark legislation enacted by the Government of India in 1996. Designed to empower tribal communities residing in the Scheduled Areas of India, PESA aims to ensure their self-governance and safeguard their traditional rights over land and resources.
Under PESA, local self-governance institutions like Gram Sabhas are endowed with significant powers to manage their own affairs. These powers include the authority to control and regulate land usage, the management of natural resources, and the implementation of development programs. Through these provisions, PESA seeks to recognize and reinforce the cultural, social, and economic autonomy of tribal communities.
One of the fundamental principles of PESA is the recognition of the Gram Sabha as the primary decision-making body at the grassroots level. The Gram Sabha, comprising all adult members of the village, holds the authority to approve plans, programs, and projects affecting their community. This ensures participatory democracy and empowers tribal communities to determine their developmental priorities in alignment with their unique cultural and environmental context.
Moreover, PESA mandates the involvement of Gram Sabhas in the process of granting permissions for the exploitation of mineral resources and other development projects in their areas. This provision serves to protect tribal communities from exploitation and ensures that their consent is obtained before any external intervention takes place in their habitat.
However, despite its progressive intent, the effective implementation of PESA has faced challenges. Issues such as inadequate awareness among tribal communities, bureaucratic hurdles, and conflicting jurisdiction with other laws have hampered its full realization. Therefore, there is a need for concerted efforts by both the government and civil society organizations to ensure the proper implementation of PESA and to uphold the rights and autonomy of tribal communities in the Scheduled Areas of India.