Panchayats (Extension to Scheduled Areas) Act, 1996

Published on 10 Jan 2025

Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA is a law enacted by the Government of India to extend the provisions of 73rd Constitutional Amendment to areas identified by the 5th schedule of the constitution. The act, enacted based on Bhuria committee recommendation, provides special powers to Gram Sabha and empowers them to preserve tribal population from exploitation.

Significant provisions under PESA

Gram Sabha: The Gram Sabha will be responsible for the identification of development projects, preparation and implementation of development plans.
Ownership of Minor Forest Produce: Gram Sabha has the authority to control and manage minor forest produce to empower tribal communities economically.
Regulation on land transfer: PESA restricts the transfer of tribal land to non-tribals in Scheduled areas and provides safeguards against alienation from tribal land.
Protection of customary laws: PESA recognizes the traditional customs and practices of the Scheduled tribes and allows the Gram Sabha to manage disputes in accordance with customary laws.
Resource management: Gram Sabha will be having control over minor water bodies and other resources within their jurisdiction, allowing them to plan and manage them efficiently.
Participation in local governance: PESA ensures that at least one-third of the seats in Panchayati Raj institutions are reserved for scheduled tribes, thus ensuring representation in local governance.

However, these powers are not utilized to their fullest potential due to many challenges in the implementation of the legislation.

Challenges in implementing PESA

Apathy from state government: There has been lack of interest from the state in publishing the PESA rules and granting powers to the Gram Sabha.

Example: 30% of states still have not formulated the PESA rules.

Conflict with existing laws: Provisions of the PESA might contradict existing laws of many states and give overlapping powers to multiple authorities, leading to conflict.

Example: Overlap of interest between Panchayat Ministry and Tribal Ministry.

Loopholes in the legislation: There exist many gaps in the provision which could be misused, thus reducing their efficiency.

Example: The term minor water has not been defined
Example: Land acquisition requires only consultation and not consent of the Gram Sabha.

Lack of awareness: The tribals are not aware of the powers granted by the act which makes them vulnerable to exploitation.

Example: There is a provision in PESA which allows villages to self-declare as PESA villages, about which the tribals have very little knowledge.

Limited capacity: Inadequacy in terms of financial and skilled human resources has been a hindrance to the smooth functioning of the PESA.

Example: In Maharashtra, the PESA fund did not reach the villages before 2015 leading to financial stress in the region.

Inadequate accountability check: There is a lack of effective mechanisms to monitor the implementation of PESA and hold accountable those responsible for mismanagement.
Lack of technical expertise: This results in improper management of available resources leading to unsustainable development.

How to strengthen the implementation of PESA

Make the state government more responsible: Formation of PESA rules and devolution of funds should follow strict timelines.
Capacity building: Conduct skill development programmes to enhance administrative efficiency and impart technical skills for better management of resources.
Awareness promotion: State and non-state actors can come up with programmes to make the locals understand their rights and powers as scripted in the legislation.

Example: Efforts of NGO Aroehan to make people of Maharashtra aware of their entitlements.

Plug loopholes in legislation: Monitor the implementation of the legislation to identify loopholes which have been misused and amend them to strengthen the legislation.

Success stories:

The Supreme Court ordered the Odisha government to get the permission of Gram Sabha to conduct bauxite mining in Kalahandi.
The Sarguja village of Chhattisgarh have been given the power to manage and conserve forest resources which led to successful implementation of eco restoration projects in the villages