On the occasion of the International Day of the World’s Indigenous Peoples (World Tribal Day) the Chhattisgarh government implemented the extension of panchayat rights in scheduled areas — PESA Rule-2022 on August 9, 2022.
Key highlights
- With this, tribals in a State will now be able to take their own decisions related to water, forest, land.
- The implementation of the PESA Act will further empower the Gram Sabhas to protect the tribal rights. According to the new rules, 50% of the members of the Gram Sabha will be from tribal communities and 25% of this 50% would be the female members.
- However, the tribal rights lawyers and activists claimed that the PESA rules framed was not what they had expected. The say that the Rule 12(4) provides that just 10 persons can seek review of any gram sabha decision. Further, another rule allows any government department to take objection on any such decision.
- Moreover, rule one gives sub-divisional magistrate (SDM) Revenue power to sit in appeal on any decision of gram sabha. This was not expected.
What is PESA?
- The Panchayat (Extension of the Scheduled Areas) Act, 1996 or PESA, was enacted by the Centre to ensure self-governance through gram sabhas (village assemblies) for people living in scheduled areas.
- It was enacted by the Parliament for extension of the provisions of Part IX to Part X under article 244 of the Constitution relating to the Panchayats in the Scheduled Areas.
- Ten states — Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana — have notified Fifth Schedule Areas that cover (partially or fully) several districts in each of these states.
- However, implementation of the PESA Act depends on the State-specific rules.
- It legally recognises the right of tribal communities, residents of the scheduled areas, to govern themselves through their own systems of self-government, and also acknowledges their traditional rights over natural resources.
- In pursuance of this objective, PESA empowers gram sabhas to play a key role in approving development plans and controlling all social sectors.
- This includes the processes and personnel who implement policies, exercising control over minor (non-timber) forest resources, minor water bodies and minor minerals, managing local markets, preventing land alienation and regulating intoxicants among other things.
- State governments were required to amend their respective Panchayat Raj Acts without making any law that would be inconsistent with the mandate of PESA.
- PESA rules enable the residents of scheduled areas to strengthen their village-level bodies by transferring power from the government to the gram sabha, a body of all the registered voters of the village.
- The powers of gram sabhas include maintenance of cultural identity and tradition, control over schemes affecting the tribals, and control over natural resources within the area of a village.
- The laws, once formed, will give gram sabhas the power to take decisions not only over their customs and traditionally managed resources, but also on the minerals being excavated from their areas.
- The rules state that the gram sabha will have to be kept informed by any and all agencies working in their village, and that the gram sabha has the power to approve or stop the work being done within the village limits.
- The rules also give power to the gram sabhas over management of resources over jal, jangal, zameen (water, forest and land), the three major demands of tribals; minor forest produce; mines and minerals; markets; and human resources.
