Context:
A recent study highlights how the PESA has boosted forest conservation in India
Panchayat (Extension to Scheduled Areas) Act, 1996:
- Enacted on – 24 December 1996
- Objective – To enable tribal self-rule in 5th Schedule areas.
- Inspired by – 73rd and 74th amendments of the Indian constitution.
- The Act extended the provisions of Panchayats to the tribal areas of 5th Schedule states.
- 5th Schedule Areas – Areas notified by the President as predominantly inhabited by tribal communities
- States having 5th Schedule Areas – Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana.
- Significance – Gave special powers to the Gram Sabhas in Scheduled Areas to preserve the tribal population from exploitation with the active involvement of the Gram Sabha.
Important provisions:
- Gram Sabha – Under the Act, Gram Sabha is responsible for the identification of development projects, the preparation of development plans, and the implementation of these plans.
- Village-level institutions – The Act provides for establishing other village-level institutions such as the Panchayat Samiti to carry out development activities and provide basic services to the community.
- Electoral Quota – PESA also introduced an electoral quota that requires all chairperson positions, as well as at least half the seats on each local government councils to be reserved for Scheduled Tribes (STs)
- Consultation – According to the Act requires that the Gram Sabha be consulted before any development projects or activities are undertaken in the Scheduled Areas.
- Funding – The Act allows transferring funds to the Gram Sabha and the Gram Panchayat to enable them to perform their functions.
- Land– The Act provides for the protection of the land rights of the tribal communities in the Scheduled Areas and requires that their consent be obtained before any land is acquired or transferred.
- Cultural and social practices – The Act protects the cultural and social practices of the tribal communities in the Scheduled Areas and prohibits any interference in these practices.
Source: The Hindu
Previous Year Question
The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is not identified as its objective?
[UPSC Civil Service Exam – 2013 Prelims]
(a) To provide self-governance
(b) To recognize traditional rights
(c) To create autonomous regions in tribal areas
(d) To free tribal people from exploitation
Answer: (c)
