PESA - Panchayat (Extension to Scheduled Areas) Act, 1996

The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA is a law enacted by the Government of India for ensuring self governance through traditional Gram Sabhas for people living in the Scheduled Areas of India.

1. PESA
PANCHAYAT EXTENSION TO SCHEDULED AREAS
ACT, 1996

2. The Provisions of the Panchayats (Extension
to Scheduled Areas) Act, 1996 or PESA is a
law enacted by the Government of India for
ensuring self governance through traditional
Gram Sabhas for people living in the
Scheduled Areas of India.
WHAT IS PESA ?
SOURCE: HTTPS://EN.WIKIPEDIA.ORG/WIKI/PANCHAYATS_(EXTENSION_TO_SCHEDULED_AREAS)_ACT,_1996

3. Scheduled Areas are areas in India with a preponderance
of tribal population subject to a special governance
mechanism wherein the central government plays a
direct role in safeguarding cultural and economic interests
of scheduled tribes in the area.
WHAT ARE SCHEDULED AREAS?
SOURCE: HTTPS://EN.WIKIPEDIA.ORG/WIKI/SCHEDULED_AREAS

4. SIXTH SCHEDULE
SOURCE: HTTPS://EN.WIKIPEDIA.ORG/WIKI/SCHEDULED_AREAS
The Fifth Schedule protects tribal interests
in the states other than Assam, Meghalaya,
Tripura and Mizoram, while the Sixth
Schedule protects tribal interests in those
four states excluded in the Fifth Schedule.

5. The PESA conferred the absolute powers to Gram
Sabha, whereas state legislature has given an advisory
role to ensure the proper functioning of Panchayats
and Gram Sabhas.
Backbone of Tribal Legislation in India
PESA
SOURCE: HTTPS://WWW.DRISHTIIAS.COM/DAILY-UPDATES/DAILY-NEWS-ANALYSIS/PANCHAYAT-EXTENSION-TO-SCHEDULED-AREAS-PESA-ACT-1996

6. POWERS
AND
FUNCTIONS
Provided to Gram Sabha

7. RIGHT TO MANDATORY CONSULTATION IN LAND ACQUISITION, RESETTLEMENT
AND REHABILITATION OF DISPLACED PERSONS.
PROTECTION OF TRADITIONAL BELIEF, THE CULTURE OF THE TRIBAL
COMMUNITIES
OWNERSHIP OF MINOR FOREST PRODUCTS
RESOLUTION OF THE LOCAL DISPUTES
PREVENTION OF LAND ALIENATION
MANAGEMENT OF VILLAGE MARKETS
RIGHT TO CONTROL PRODUCTION, DISTILLATION, AND PROHIBITION OF
LIQUOR
EXERCISE OF CONTROL OVER MONEY-LENDING
ANY OTHER RIGHTS INVOLVING THE SCHEDULED TRIBES.
SOURCE: HTTPS://WWW.DRISHTIIAS.COM/DAILY-UPDATES/DAILY-NEWS-ANALYSIS/PANCHAYAT-EXTENSION-TO-SCHEDULED-AREAS-PESA-ACT-1996

8. ISSUES
RELATED
TO PESA

9. Partial implementation of PESA
Lack of delivering of PESA due to the lack of clarity ,legal
infirmity, bureaucratic apathy and so on.
Social audits conducted across the state have also pointed
out that in reality different developmental schemes were
being approved on paper by Gram Sabha, without actually
having any meeting for discussion and decision making.

10. PESA, if it is implemented in letter and spirit, will
rejuvenate the dying self-governance system in the
tribal area.

11. This will also give an opportunity to correct the
loopholes in the traditional governance system
and make it a more gender-inclusive and
democratic space.

12. Thank you