PESA ACT 1996
This act stands for Panchayat extension to scheduled areas Act 1996. This act empowered tribal communities by mandating political representation in local governance, thereby linking their livelihood needs with forest conservation.
Act also empowers scheduled Tribes by recognizing their traditional rights and promoting local self-governance through Gram Sabhas in Scheduled Area
Why the PESA act ?
The PESA Act was enacted in 1996 "to extend to the Scheduled Areas the provisions of Part IX of the Constitution relating to Panchayats". (Apart from Panchayats, Part IX, comprising Articles 243-243ZT of the Constitution, contains provisions relating to municipalities and co-operative societies.
Under the PESA Act, Scheduled Areas are those referred to in Article 244(1), which says that the provisions of the 5th Schedule shall apply to the Scheduled Areas and Scheduled Tribes in the States other than Assam,Tripura, Meghalaya and Mizoram. The Fifth Schedule provides several special provisions for these areas.
Under the PESA Act, Scheduled Areas are those referred to in Article 244(1), which says that the provisions of the 5th Schedule shall apply to the Scheduled Areas and Scheduled Tribes in the States other than Assam,Tripura, Meghalaya and Mizoram. The Fifth Schedule provides several special provisions for these areas.
How is the PESA Act, 1996 supposed to work?
The PESA Act was enacted to ensure self-governance through Gram Sabhas (village assemblies) for people living in the Scheduled Areas. It recognises the right of tribal communities, who are residents of the Scheduled Areas, to govern themselves through their own systems of self-government, and also acknowledges their traditional rights over natural resources.
Objectives of PESA Act 1996 :
- This ACT aims to ensure self-governance through traditional Gram Sabhas for people living in the Scheduled Areas of the country. It target to empower these Gram Sabhas to manage their own affairs relating to social, cultural, economic, and local justice matters
- Under this act Gram Sabha (village assembly) is recognised as the foundation of local self-governance in these areas. PESA grants them powers to manage local natural resources, approve development projects, and safeguard their customary laws and practices.
- This Act provides scheduled Tribes the control over collection, storage, and sale of forest produce and ownership of minor forest produce by Gram sabha.
- PESA Act provides land acquisition rights to tribal people and mandates that no land belonging to Scheduled Tribes can be transferred to non-tribal persons or entities without the consent of the Gram Sabha.
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