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Picture Courtesy:   NEWSONAIR

Context

The two-day Panchayats Extension to Scheduled Areas Act, 1996 (PESA) festival to be held in Visakhapatnam, Andhra Pradesh.

What is PESA Act 1996? 

The PESA extends the provisions of Part IX of the Constitution on Panchayats to the Fifth Schedule Areas.

It was enacted based on the recommendations of the Bhuria Committee (1995) to establish participatory democracy and empower tribal communities by legally recognizing the authority of the Gram Sabha in managing their own affairs.

Key Objectives 

Constitutional Mandate: PESA operationalizes Article 243M of the Constitution, which allows Parliament to extend Part IX to Scheduled and Tribal Areas with necessary modifications.

Core Principle: It seeks to preserve the traditional customs, cultural identity, and rights of tribal communities over community resources.

Geographical Application: Currently spread across 10 states: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana

Powers of the Gram Sabha under PESA 

Social and Economic Development: It must approve all plans, programs, and projects for village-level development before they are implemented by the Panchayat.

Beneficiary Selection: It is solely responsible for identifying beneficiaries for poverty alleviation and other welfare programs.

Financial Oversight: It issues certificates of utilization of funds to the Panchayat for all development works. 

Minor Forest Produce (MFP): It has full ownership and management rights over MFP, which includes high-value items like bamboo and tendu leaves.

Minor Minerals: Mandatory recommendation from the Gram Sabha is required before granting prospecting licenses or mining leases for minor minerals in its area.

Consultation on Acquisition: It must be consulted before any land acquisition for development projects and before the resettlement or rehabilitation of affected persons.

Social Regulation: It can regulate or restrict the sale and consumption of intoxicants (liquor) and exercise control over local money lending.

Institutional Oversight: It exercises control over local institutions and functionaries in all social sectors, including tribal sub-plans. 

Challenges Hindering PESA's Effective Implementation

Legal and Administrative Gaps

• Missing State Rules: Several states have either not framed PESA-specific rules or have failed to align their existing Panchayat laws with PESA. 
• Conflicting Legislations: The Indian Forest Act (2006) and the Land Acquisition Act 2013 often conflict with PESA, allowing bureaucratic bodies to bypass Gram Sabha authority for mining and industrial projects
• Ambiguous Definitions: Vaguely defined "minor minerals" and "minor water bodies" allow state governments to control valuable resources that should legally belong to the Gram Sabha.

Institutional Resistance

• Bureaucratic Apathy: Non-tribal officials are hesitant to grant power to local tribal bodies, leading to Gram Sabha decisions being ignored or overridden by higher administration.
• Lack of Devolution: Despite powers on paper, Gram Sabhas lack the necessary transfer of funds, functions, and functionaries (the 3 Fs).

Socio-Economic and Awareness Barriers

• Low Awareness: Lack of awareness about statutory rights under PESA prevents many tribal communities from asserting their legal authority in land or resource disputes.
• Capacity Constraints: Gram Sabhas often lack the technical expertise, infrastructure, and trained staff needed for complex tasks like social audits or mining lease recommendations.
• Inclusion Issues: Traditional patriarchal norms and low literacy rates exclude women and marginalized sub-groups from decision-making.

External Pressures

• Resource Exploitation: State governments, driven to exploit mineral resources, often bypass tribal rights and fabricate Gram Sabha consent to favor private corporations.
• Extremism: Internal security challenges like Maoist/Naxalite movements disrupt the stable functioning of local self-governance in several Scheduled Areas.

Initiatives taken to Strengthen PESA

SabhaSaar AI Tool: Launched in August 2025, this AI application automatically generates transparent, structured meeting minutes from audio/video recordings of Gram Sabha proceedings in local languages.

Bhashini Integration: Digital services on the eGramSwaraj portal are now available in 22 scheduled languages, helping bridge language barriers in tribal governance.

Dedicated PESA Cell: The Ministry of Panchayati Raj has established a dedicated PESA Cell to monitor implementation, coordinate with states, and provide necessary support.

PM-JANMAN Mission: The Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan (PM-JANMAN), launched in November 2023, focuses on the holistic development of 75 Particularly Vulnerable Tribal Groups (PVTGs).  

Way Forward 

Harmonize State Laws: Governments must amend conflicting statutes, specifically the Indian Forest Act (1927) and the Land Acquisition Act, to ensure they do not override the "Competent Authority" status of the Gram Sabha.

Direct Funding: Transition from Panchayat-level funding to direct Gram Sabha Bank Accounts for tribal sub-plan funds to ensure financial autonomy.

Dedicated Manpower: Appoint dedicated PESA Coordinators and "Mobilizers" at the block level to provide technical and administrative support to traditional heads.

Localized Training: Training should be conducted in local tribal dialects rather than official state languages, utilizing visual and oral media to overcome literacy barriers.

Define 'Minor Forest Produce': Adopt the comprehensive definition of MFP as provided in the Forest Rights Act, 2006, to ensure tribals get maximum benefit.

Establish Accountability: Create a robust social audit and grievance redressal mechanism to hold officials accountable for non-compliance and to protect tribal rights.

Conclusion

Effective PESA Act implementation is vital for rectifying historical injustices, empowering tribal communities, achieving inclusive development, protecting tribal culture, strengthening grassroots democracy, and addressing alienation and conflict in Fifth Schedule Areas, requiring renewed political and administrative commitment.

Source:  NEWSONAIR