Title : THE PESA ACT

Date : Feb 02, 2022

Description :

GS II

 

Topic à Government policies and interventions for development in various sectors

 

• About the PESA Act:

 

• The PESA Act of 1996 is a federal law that was enacted in 1996.
• The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA Act) is a law created by the Indian government to ensure self-governance for people residing in India's Scheduled Areas through traditional Gram Sabhas.
• Parliament passed it in 1996, and it went into effect on December 24, 1996.
• In India, the PESA is regarded as the cornerstone of tribal legislation.
• PESA acknowledges the existing decision-making structure and advocates for people's self-governance.

 

• Background:

 

• The 73rd constitutional amendment was passed in 1992 to enhance local self-governance in rural India. A three-tier Panchayati Raj Institution was made into legislation as a result of this modification.
• However, under Article 243(M), its application to scheduled and tribal territories was limited.
• The Panchayat Extension to Scheduled Areas (PESA) Act 1996 was enacted in response to the Bhuria Committee's recommendations in 1995, with the goal of providing tribal self-rule for people residing in India's scheduled areas.
• The Gram Sabha has absolute powers under the PESA, although the state legislature has given it an advising role to ensure that Panchayats and Gram Sabhas work properly.
• Gram Sabha's authority cannot be revoked by a higher authority, and it will maintain its independence throughout.

 

• Gram Sabhas have the following powers and functions:

 

• Land purchase, resettlement, and rehabilitation of displaced persons are all subject to required consultation.
• Traditional beliefs and indigenous communities' cultures must be safeguarded.
• Minor forest product ownership
• Local problems are resolved.
• Land encroachment is avoided.
• Village market management
• Right to regulate liquor production, distillation, and prohibition
• Controlling money lending is a difficult task.
• Any additional Scheduled Tribes-related rights.

 

• PESA-Related Issues:

 

• State governments are required to establish state laws in accordance with this national statute for their Scheduled Areas. As a result, the PESA was only partially implemented.
• In Adivasi areas, like as Jharkhand, the partial implementation has harmed self-governance.
• PESA failed to deliver, according to many experts, due to a lack of clarity, legal flaws, bureaucratic indifference, a lack of political will, opposition to change in the power structure, and so on.
• According to social audits undertaken across the state, several developmental initiatives were approved on paper by Gram Sabha without any debate or decision-making taking place.

 

• Source à The Hindu

Tags : PRI, rural development