Panchayats (Extension to the Scheduled Areas) Act 1996: Voice and Power to India’s Scheduled Areas

Policy Update
Gauri Khanna

The PESA Act, 1996, is legislation that attempts to raise tribal communities by promoting self-governance by means of Gram Sabhas and Panchayats in Schedule V districts. It is also referred to as “Constitution within the Constitution”; it seeks to blend tribal development while retaining their customary laws, culture, and traditional way of life. PESA was implemented on 24th December 1996. The Act extends to 10 tribal majority states, vesting special powers in Gram Sabhas to provide for tribal autonomy and participatory government.

Vision of PESA

PESA Act empowers tribal people by providing Gram Sabhas and Panchayats in Schedule V areas the freedom to take decisions on their own. It also states that any law implemented in these areas shall have regard to tribal customs, social and religious usage, and traditional modes of utilisation of natural resources.

Gram Sabhas are entrusted with authority over key matters such as:

  • Prohibition of alcohol
  • Ownership and utilisation of forest products
  • Protection from Illegal Land Transfers
  • Managing village markets
  • Controlling money lending

Provisions of Panchayati Raj

The provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA), provide special powers to Gram Sabhas in the tribal regions for encouraging self-governance. As per the Act, every village is required to form its own Gram Sabha, which is established based on local habitations and traditional practices. The Gram Sabhas will be tasked with safeguarding the customs, traditions, and cultural identities of the people, safeguarding community resources, and employing traditional approaches for the settlement of disputes.

Gram Sabhas have significant executive roles. They are supposed to facilitate all social and economic development schemes and help those trapped in the poverty cycle. Government schemes and promises that funds provided by the Panchayats, as per the provisions of the PESA (Panchayats (Extension to Scheduled Areas) Act, 1996), are to be utilised properly for their intended objective. The Act necessitates Gram Sabhas or Panchayats be consulted before any land acquisition or before rehabilitation of persons on account of such acquisitions, especially in the context of development projects in Scheduled Areas. In addition, they are responsible for planning and managing minor water bodies. 

 The PESA Act boosts grassroots democracy by legally recognising the traditional rights and decision-making powers of tribal communities, helping them to govern their resources and development in a manner that respects their culture and identity.

Implementation of PESA

The Panchayati Raj Acts and associated laws of all ten states that have Fifth Schedule Areas must comply with the PESA Act of 1996. While states have made adherence towards compliance, the implementation of PESA varies significantly, and numerous gaps and inconsistencies persist.

According to a 2010 PR Foundation study, there are several causes of poor implementation. Although PESA empowers Gram Sabhas to approve development plans, identify beneficiaries, and certify fund usage. Some states, such as Madhya Pradesh, have weakened these provisions by introducing restrictive clauses that confer overriding powers to the state government.

Although the Act mandates that Gram Sabhas be consulted before acquiring land or resettling people, it permits states to assign this authority to “appropriate levels” of Panchayats, which results in uneven implementation. For example, Andhra Pradesh and Gujarat grant this authority to Mandal and Taluka Panchayats, respectively, whereas Odisha allots it to the Zilla Panchayat. By granting the Gram Sabha this authority, Himachal Pradesh and Maharashtra, on the other hand, follow the Act more closely.

Differences are present in the taking care of minor mineral rights. For example, Andhra Pradesh, Gujarat, and Maharashtra encourage the Gram Panchayats, while Himachal Pradesh assigns this authority to the Gram Sabha. Odisha delegates it to the Zilla Parishad, and Madhya Pradesh does not provide clear specifications.

The year began with the First Regional Conference held on January 11–12, 2024, at YASHADA in Pune, Maharashtra, which also included PESA States such as Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, and Rajasthan hosting a significant event, followed by the Second Regional Conference on March 4–5, 2024, in Ranchi, Jharkhand. This conference focused on the states of Andhra Pradesh, Chhattisgarh, Jharkhand, Odisha, and Telangana.

A notable milestone was the National Conference on the Panchayats Extension to Scheduled Areas (PESA), held on September 26, 2024, at Dr Ambedkar International Centre in New Delhi. During this event, the PESA Gram Panchayat Development Plan (GPDP) Portal was created, with the seven specialised training modules. These modules are created to enhance GPDPs in Scheduled Areas, addressing critical issues such as Minor Forest Produce, land alienation, and customary dispute resolution to ensure practical and effective implementation of the Act.

Challenges

 One of the greatest challenges in the implementation of the PESA Act is the lack of awareness among the tribal people. Although the Act was enacted in 1996, a large number of people residing in the Fifth Schedule regions are still unaware of its provisions or the rights granted to them by it. This is their right to utilise the law for their development and self-rule.

Yet another issue is the lack of autonomy of Gram Sabhas and panchayats at the local level. Often, such local organisations are controlled by non-tribal people, which curtails the decision-making authority of the tribal community members. This is contrary to the primary concept of PESA, which is giving voice and power to the tribal people to self-govern.

One of the major issues is that certain government officials and implementation functionaries of PESA do not have an understanding of tribal culture and way of life. This absence of knowledge is a gap between implementation at the ground level and what is mandated by the Act, as the decisions made are not by the needs and values of the tribals.

There is also a failure of adequate systems and support institutions to enable Gram Sabhas to function as they should. Most Gram Sabhas experience such problems as poor information access, insufficiency of training or capacity, and lack of enabling institutions. These failures keep them from being centres of self-governance, as is envisioned under PESA.

In most instances, the requirements of PESA are not strictly adhered to or even violated. There is a clear disconnect between the written word and actual practice. This undermines the confidence of tribal communities in the system and impacts the efficacy of the law.

Conclusion 

The PESA Act shows a significant advancement in boosting tribal communities through self-governance. However, its implementation faces several challenges, including a lack of awareness, limited autonomy of Gram Sabhas, and insufficient institutional support. To reduce the gap between the law’s vision and the realities on the ground, it is essential to create awareness, respect tribal culture, and ensure effective community participation. 

References 

About the contributor: Gauri Khanna is a research intern at IMPRI. 

Acknowledgement: The author sincerely thanks Aasthaba Jadeja and IMPRI fellows for their valuable contribution.

Disclaimer: All views expressed in the article belong solely to the author and not necessarily to the organisation.

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