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Panchayats (Extension to Scheduled Areas) Act implementation uneven, slow in tribal areas: Parliamentary panel

PESA empowers gram sabhas with decision-making powers over local resources, land and customs

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A parliamentary panel has noted that nearly 30 years after the Panchayats (Extension to Scheduled Areas) Act (PESA) was enacted, its implementation remains uneven and slow in many scheduled areas.

PESA empowers gram sabhas with decision-making powers over local resources, land and customs.

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The Parliamentary Standing Committee on Rural Development and Panchayati Raj also urged the Centre to ensure early notification and periodic surveys of the Act in all states.

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"PESA’s core objective is to empower the gram sabhas (village assemblies) in Fifth Schedule areas while protecting tribal customs, traditions, land, forests and community resources. In this regard, the Ministry of Panchayati Raj, Ministry of Tribal Affairs and states should jointly prepare a roadmap with measurable targets for effective implementation of the Act," it said.

The panel recommended digital recording and monitoring of gram sabha resolutions, especially on land acquisition and local planning.

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"There should be mandatory gram sabha consent before any land acquisition. Any violations should attract accountability and social audits," it said.

The suggestion assumes significance as many gram sabhas and other village bodies have often complained that they are never taken into confidence or consulted during the land acquisition process, especially in tribal areas.

The committee said a national action plan should be designed to preserve tribal customs, languages, governance systems and customary dispute-resolution mechanisms.

"There is an urgent need to translate all PESA manuals and IEC material into major tribal languages. The panchayat bodies should also develop community-based tribal trainers," it said.

In order to solidify PESA institutions, the panel suggested creating PESA cells at state, district and block levels.

PESA applies only to Fifth Schedule areas in 10 states of Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana. Odisha is yet to notify the rules under the Act.

"PESA is a strong legal framework for tribal self-governance, but its promise has not been fully realised. Stronger implementation, empowered gram sabhas, better protection of tribal land and culture, improved training in local languages, and stronger institutional support is the need of the hour to make PESA effective on the ground," the panel added.

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