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Current Affairs
Title : 25th anniversary of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA)
Date : Nov 21, 2021
Description :
GS II
Topic à Government strategies and interventions for development in numerous sectors are the subject of this discussion.
- Context:
- To commemorate the 25th anniversary of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), a one-day national conference on the provisions of the PESA Act was conducted as part of the Azadi Ka Amrit Mahotsav.
- Background on the PESA Act:
- The PESA Act of 1996 was enacted in 1996 by the United States Congress.
- The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA Act) is an Indian law that ensures self-government for people living in India's Scheduled Areas through traditional Gram
- The PESA is considered the cornerstone of tribal legislation in India.
- PESA respects the existing decision-making framework while advocating for people's autonomy.
- Background:
- In 1992, the 73rd constitutional amendment was passed to improve rural India's local self-governance. As a result of this change, a three-tier Panchayati Raj Institution was enacted into law.
- However, its application to scheduled and tribal regions was limited under Article 243(M).
- The Panchayat Extension to Scheduled Areas (PESA) Act 1996 was passed in response to the Bhuria Committee's recommendations in 1995, with the goal of providing tribal self-rule for people living in India's scheduled areas. • The Gram Sabha has absolute powers under the PESA, though the state legislature has given it an advisory role to ensure that Panchayats and Gram Sabhas function properly.
- Gram Sabhas are vested with the following authorities and responsibilities:
- Consultation is essential for land purchases, relocation, and rehabilitation of displaced people.
- Traditional beliefs and the cultures of indigenous peoples must be preserved.
- Minor ownership of forest products
- Local issues have been handled.
- There is no encroachment on the land.
- Right to regulate liquor production, distillation, and prohibition • Right to govern village markets
- It's tough to keep track of money loans.
- Any other rights linked to Scheduled Tribes.
- Issues Affecting PESA:
- For their Scheduled Areas, state governments must enact state laws in conformity with this national statute. As a result, just a portion of the PESA was implemented.
- The partial implementation has hurt self-governance in Adivasi areas such as Jharkhand.
- Many analysts believe PESA failed to deliver because of a lack of clarity, legal faults, bureaucratic indifference, a lack of political will, resistance to change in the power structure, and
- Several developmental initiatives were accepted on paper by Gram Sabha without any debate or decision-making, according to social audits conducted across the state.
- Preliminary Exam Hot-Link:
- Information on PESA.
- The Characteristics of It.
- Audits of social media