Relevance: GS-2: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Key Phrases: Bhuria Committee, Panchayat Extension to Scheduled Areas (PESA) Act 1996, PESA Rule-2022, preserve the traditions and customs, Self-governance, minor forest produce, left-wing extremism, Gram Sabhas.

Why in News?

• The Chhattisgarh government has recently implemented the extension of panchayat rights in scheduled areas - PESA Rule-2022
• With this, tribals in a State where they constitute 33% of the population, will now be able to take their own decisions related to water, forest, and land.

What is the PESA Act?

• After the Bhuria Committee recommendations in 1995, the Panchayat Extension to Scheduled Areas (PESA) Act 1996 came into existence for ensuring tribal self-rule for people living in scheduled areas of India through Gram Sabhas (village assemblies).
• It recognizes the right of tribal communities, who are residents of the Scheduled Areas, to govern themselves through their systems of self-government.
• The Act empowers Gram Sabhas to play a key role in approving development plans and controlling all social sectors.
• This includes the processes and personnel who implement policies, exercising control over minor (non-timber) forest resources, minor water bodies, and minor minerals, among other things.
• Ten states - Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana - have notified Fifth Schedule areas that cover (partially or fully)several districts in each of these states.
• The Ministry of Panchayati Raj is the nodal Ministry for the implementation of the provisions of PESA in the States.

Following legal powers have been given to Gram Sabha/PRIs under PESA Act:

• Safeguard and preserve the traditions and customs of the people, their cultural identity, community resources, and the customary mode of dispute resolution.
• Approve plans, programs, and projects for social and economic development before such plans, programs and projects are taken up for implementation by the Panchayat at the village level.
• Identification or selection of persons as beneficiaries under poverty alleviation and other programs.
• Certification of the utilization of funds by the Panchayat for the plans, programs, and projects for identification or selection of persons as beneficiaries under the poverty alleviation and other programs.
• Right to be consulted before making the acquisition of land in the Scheduled Areas for development projects and before re-settling or rehabilitating persons affected by such projects in the Scheduled Areas.
• Right to plan and manage minor water bodies in the Scheduled Areas.
• Recommendations before the grant of prospecting license or mining lease for minor minerals and grant of concession for the exploitation of minor minerals by auction in the Scheduled Areas.
• Power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.
• Ownership of minor forest produce.
• Power to prevent alienation of land in the Scheduled Areas and to restore any unlawfully alienated land of a Scheduled Tribe.
• Power to manage village markets.
• Power to exercise control over money lending to the Scheduled Tribes.
• Power to exercise control over institutions and functionaries in all social sectors.
• Power to control local plans and resources for such plans including tribal sub-plans.

Benefits of effective implementation of the PESA Act to the tribal population:

• Institutionalize self-governance and people’s participation in decision-making. By notifying Gram Sabha at the village (hamlets or group of hamlets/ habitation or group of habitations) level, people will feel more comfortable taking part in the governance of the village.
• Reduce alienation in tribal areas as they will have control over the utilization of public resources in the village through Gram Sabha.
• Reduction of alienation and resentment among the tribal population will have a positive impact on reducing left-wing extremism in the districts affected by it.
• Reduce poverty and out-migration among the tribal population as they will have control over natural resources such as minor water bodies, minor forest produce, minor minerals, etc. Control over and management of these resources will improve their livelihoods and incomes.
• Minimise exploitation of tribal population as they will be able to control and manage money lending, consumption and sale of liquor, and also village markets.
• Check illegal land alienation and also restore unlawfully alienated tribal land. This will not only reduce conflict but will also improve the socio-economic status of tribals.
• Better implementation of developmental schemes and programs due to enhanced people’s participation in planning and identification of beneficiaries.
• More accountable and responsive local administration due to control over functionaries of the social sector and also the power to issue utilization certificates.
• Promotion of cultural heritage through preservation of traditions, customs, and cultural identity of tribal population.

PESA Rules:

• After the PESA Act was enacted, the Union government circulated model PESA Rules. So far, six states have notified these Rules.
• The implementation of the law depends on the State-specific.
• Chhattisgarh has formed its set of rules while many States with a significant tribal population are yet to implement the provisions of the Act.
• According to the new rules, 50% of the members of the Gram Sabha will be from tribal communities and 25% of this 50% would be female members.

Conclusion:

• Issues of non-conformity between the Central PESA Act and State PESA Act/ Rules need to be resolved in a time-bound manner.
• To aid in the effective functioning of Gram Sabhas as envisaged in the PESA Act, there may be a need for formal notification of PESA villages by the State.
• State Panchayati Raj Departments may consider the establishment of a separate PESA section to facilitate the special requirements of PESA Gram Sabhas.
• The state government should take initiatives to enhance the capacity of government machinery, and stakeholders who play a vital role in the actual implementation of the Act at the ground level.

Source: The Hindu

Mains Question:

Q. How does the Panchayat Extension to Scheduled Areas (PESA) Act, 1996 empower Gram Sabhas to protect tribal rights? Discuss.