Q.11 Regarding the PESA (The Panchayats Extension to Scheduled Areas) Act of 1996, evaluate the following statements:
- The enactment of the PESA Act in 1996 aimed to facilitate self-governance for tribal communities in scheduled areas.
- PESA Act grants distinctive authority to Gram Sabhas in Scheduled Areas, particularly in administering the sale of intoxicants.
Which of the statements given above is/are correct?
EXPLANATION:
PESA Act of 1996
Background:
The 73rd Constitutional Amendment of 1992 aimed to promote local self-governance in rural India.
This amendment established a three-tier Panchayati Raj Institution into law. However, its application to scheduled and tribal areas was limited under Article 243(M).
In response to the Bhuria Committee recommendations in 1995, the PESA Act of 1996 was enacted to ensure tribal self-rule in scheduled areas. Hence, statement 1 is correct.
Role of State Government:
PESA, a central enactment, mandates self-governance through gram sabhas (village assemblies) in scheduled areas.
State governments were required to amend their Panchayat Raj Acts to align with PESA without inconsistency.
Objective:
Legally recognizes the right of tribal communities in scheduled areas to self-governance.
Acknowledges their traditional rights over natural resources.
Importance of Gram Sabha in PESA Act:
Democratic Decentralization:
- Empower Gram sabhas to approve development plans and control social sectors.
- Includes management of water, forest, land, minor forest produce, human resources, local markets, prevention of land alienation, and regulation of intoxicants, among other aspects.
- Preserving Identity:
- Gram sabhas have powers to maintain cultural identity, control schemes affecting tribals, and manage natural resources within the village.
- Conflict Resolution:
- Enables gram sabhas to establish a safety net over their rights and surroundings against external or internal conflicts.
- Public Watchdog:
Gram sabhas possess the authority to monitor and prohibit the production, transport, sale, and consumption of intoxicants within their village limits. Hence, statement 2 is correct.