Background
- Enacted on 24 December 1996 to extend the 73rd Constitutional Amendment to Fifth Schedule Areas
- Responded to long-standing demands of tribal communities for self-governance and control over resources
- Aimed to address historical issues such as
- Land alienation
- Displacement due to development projects
- Marginalisation from political decision-making
- Seeks to preserve tribal customs, traditions, and community-based governance
Objectives of the PESA Act
- Enable tribal self-rule in Scheduled Areas
- Strengthen the role of Gram Sabha as the basic unit of governance
- Protect land, forest, and natural resource rights of tribal communities
- Prevent exploitation by external agencies and market forces
- Promote participatory and decentralized development
Key Features and Provisions
Gram Sabha as the Core Institution
- Gram Sabha is the primary authority in Scheduled Areas
- It approves development plans, programmes, and projects
- It safeguards traditions, customs, and cultural identity
Control over Natural Resources
- Ownership and management of minor forest produce vested in Gram Sabha
- Power to manage water bodies, forests, and common property resources
Consultation and Consent
- Mandatory consultation with Gram Sabha before
- Land acquisition
- Mining leases
- Development projects
- Ensures prior informed consent of tribal communities
Land Rights Protection
- Prevents alienation of tribal land
- Empowers Gram Sabha to restore unlawfully transferred land
Village-Level Governance
- Strengthens Gram Panchayat, Panchayat Samiti, and village institutions
- Enables community-led planning and implementation
Financial Empowerment
- Allows devolution of funds to Gram Sabha and Panchayats
- Supports local development priorities
Social and Cultural Safeguards
- Protects tribal customs, traditions, and social practices
- Prohibits interference in cultural affairs
Outcomes and Significance
Empowerment of Tribal Communities
- Enhanced participation in decision-making
- Strengthened grassroots democracy
Decentralisation of Governance
- Shift from top-down administration to community-led governance
- Reinforced the spirit of cooperative federalism
Protection of Land and Livelihoods
- Reduced illegal land transfers
- Improved control over forest-based livelihoods
Improved Access to Services
- Better delivery of education, health, drinking water, and welfare schemes
Cultural Preservation
- Recognition and protection of indigenous knowledge systems and traditions
Limitations and Challenges
- Limited applicability only to Scheduled Areas, excluding many tribal populations
- Low awareness among tribal communities about PESA provisions
- Inadequate financial and administrative capacity of Gram Sabhas
- Shortage of trained personnel at the grassroots level
- Political interference undermining Gram Sabha decisions
- Overlap and conflict with other laws such as
- Forest Rights Act
- Wildlife Protection Act
Way Forward
- Strengthen awareness and capacity-building at the village level
- Ensure genuine devolution of powers, funds, and functionaries
- Harmonise PESA with forest and environmental laws
- Institutionalise respect for Gram Sabha decisions
- Use PESA as a foundation for inclusive and sustainable tribal development
