QUES . The main objective of the Panchayats (Extension to Scheduled Areas) Act, 1996 is to enable tribal society to assume control over their livelihoods and traditional rights. Critically examine the implementation of the Act.
HINTS:
The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) was enacted with the aim of empowering tribal communities in India by devolving more powers to the local self-government bodies, i.e., the gram sabhas, in the Scheduled Areas. The primary objective of PESA is to enable tribal communities to assume control over their livelihoods and traditional rights. However, the implementation of the Act has been mixed, and there are several challenges in its implementation.
One of the significant challenges in implementing PESA is the lack of awareness among tribal communities about their rights and the provisions of the Act. The gram sabhas are the key bodies under PESA, and they are responsible for taking decisions on local matters such as land acquisition, forest rights, and development projects. However, in many cases, the gram sabhas have not been able to exercise their powers effectively due to a lack of awareness and capacity.
Another challenge in implementing PESA is the resistance from the state governments, which are often reluctant to devolve powers to the gram sabhas. In some cases, state governments have even diluted the provisions of the Act by transferring the powers of the gram sabhas to the panchayats at higher levels.
Furthermore, there have been issues related to the functioning of the gram sabhas. In many cases, the gram sabhas have not been able to hold regular meetings, and there have been allegations of malpractice and corruption in the decision-making process.
In addition, the implementation of PESA has been affected by the lack of financial resources and infrastructure in the Scheduled Areas. The gram sabhas need financial resources and infrastructure to function effectively, but in many cases, these have not been provided by the government.
Overall, the implementation of PESA has been mixed. While there have been some successes in empowering tribal communities, there have also been several challenges and limitations in its implementation. To ensure the effective implementation of PESA, it is essential to raise awareness among tribal communities, strengthen the capacity of the gram sabhas, and provide them with the necessary financial resources and infrastructure. Additionally, the state governments must be encouraged to devolve powers to the gram sabhas and ensure that the provisions of the Act are implemented in letter and spirit.
