UPSC MAINS SYLLABUS
GS 2 – Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and bodies constituted for the protection and betterment of these vulnerable sections
INTRODUCTION
- PESA is a law enacted by Government of India to cover the scheduled areas which are not covered in the 73rd constitutional amendment.
- PESA extends the provisions of PART IX to the scheduled areas of the country.
- It directs the state government to endow powers and authority to make gram Sabha and Panchayats function as institutions of local governance.
POWERS BESTOWED BY THE ACT
- According to the act, every Gram Sabha will be given the powers to safeguard and preserve the traditions and customs of the people their cultural identity community resources and the customary mode of dispute resolution.
- Special powers to ground Sabha in the management of natural resources.
- Gram Sabha or Panchayat will have the ownership of minor forest produce.
- They will also have the power to exercise control over money lending to scheduled tribes.
- Gram Sabha will also have power in granting licence for mining lease for minor minerals and concessions for such activities.
POWERS BESTOWED BY THE ACT
- According to the act, every Gram Sabha will be given the powers to safeguard and preserve the traditions and customs of the people their cultural identity community resources and the customary mode of dispute resolution.
- Special powers to ground Sabha in the management of natural resources.
- Gram Sabha or Panchayat will have the ownership of minor forest produce.
- They will also have the power to exercise control over money lending to scheduled tribes.
- Gram Sabha will also have power in granting licence for mining lease for minor minerals and concessions for such activities.
LIMITATIONS OF THE ACT
- Low level of awareness among tribals comes in the way of of effective utilisation of the act.
- PESA is applicable only to those areas which are legally regarded as scheduled areas. Tribals outside scheduled areas are not covered under the act.
- There is no effective fiscal decentralization of powers.
- Bureaucrats treat tribals as inferior.
- Politician-Corprate nexus.
- States upgrade rural panchayat in scheduled areas to urban panchayats to bypass the act.
- Ministry of Panchayati Raj and Ministry of Tribal Affairs have overlapping influence and they shift responsibility to each other.
- No grievance redressal mechanism.
WAY FORWARD
- Enforcement of Samata judgement which describes that ‘land for land’ must be a fundamental requirement for acquisition of tribal lands.
- Social audit must be done.
- A grievance redressal mechanism should be placed.
- A well funded developmental package should be given to Tribal communities.
- Civil society should play a major role in resisting vested interests in tribal areas.
