Jharkhand's PESA Rules Face Opposition from BJP and Adivasi Groups
Jharkhand's new PESA rules face backlash from BJP and Adivasi outfits.
Key Facts
PESA Act: Extends panchayat provisions to Scheduled Areas
Jharkhand: Facing opposition to new PESA rules
Critics: Rules dilute tribal rights and autonomy
UPSC Exam Angles
GS Paper II: Governance, Constitution, Polity, Social Justice
Link to Scheduled Areas, Tribal Rights, Panchayati Raj Institutions
Potential questions on constitutional provisions, legal frameworks, and socio-economic impacts
Visual Insights
Scheduled Areas in India and PESA Implementation
Map showing the states with Scheduled Areas where PESA is applicable, highlighting Jharkhand and its neighboring states. The color gradient indicates the level of PESA implementation challenges.
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More Information
Background
The Panchayats (Extension to Scheduled Areas) Act (PESA) of 1996 has its roots in the Bhuria Committee Report of 1995, which examined the existing provisions of Part IX of the Constitution related to Panchayats and suggested modifications for extending them to Scheduled Areas. Prior to PESA, the 73rd Constitutional Amendment Act of 1992, which mandated the establishment of Panchayati Raj Institutions (PRIs), was not directly applicable to Scheduled Areas due to their unique socio-cultural and economic conditions. The central idea behind PESA was to recognize the traditional rights of tribal communities over natural resources, self-governance, and cultural identity.
It aimed to empower Gram Sabhas to play a central role in local governance, ensuring that development initiatives are in line with the needs and aspirations of tribal populations. The Act was enacted to address historical injustices and marginalization faced by tribal communities and to promote participatory democracy at the grassroots level.
Latest Developments
In recent years, there has been a growing debate on the effective implementation of PESA across different states. While some states have framed rules and regulations under PESA, the actual devolution of powers to Gram Sabhas remains a challenge. Issues such as lack of awareness among tribal communities about their rights, inadequate capacity building of Gram Sabha members, and resistance from vested interests have hindered the effective implementation of PESA.
Furthermore, there are ongoing discussions on the need to harmonize PESA with other laws and policies, such as those related to land acquisition, forest management, and mining, to avoid conflicts and ensure that tribal rights are protected. The future outlook involves strengthening the monitoring and evaluation mechanisms to assess the impact of PESA on the ground and to identify best practices for its effective implementation.
Practice Questions (MCQs)
1. Consider the following statements regarding the Panchayats (Extension to Scheduled Areas) Act (PESA), 1996: 1. It extends Part IX of the Constitution to Scheduled Areas with certain modifications. 2. It was enacted based on the recommendations of the Balwant Rai Mehta Committee. 3. PESA empowers Gram Sabhas to safeguard and preserve the traditions and customs of tribal communities. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.1 and 3 only
- C.2 and 3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statement 1 is correct as PESA extends Part IX of the Constitution to Scheduled Areas. Statement 3 is also correct as PESA aims to empower Gram Sabhas to protect tribal traditions. Statement 2 is incorrect as PESA was based on the Bhuria Committee Report, not the Balwant Rai Mehta Committee.
2. Which of the following is NOT a key provision of the Panchayats (Extension to Scheduled Areas) Act (PESA), 1996?
- A.Gram Sabha's approval is mandatory for all development projects in the village.
- B.Gram Sabha has the power to manage natural resources within its area.
- C.Reservation of seats for Scheduled Tribes in Panchayats at all levels.
- D.State government can directly acquire land in Scheduled Areas without consulting the Gram Sabha.
Show Answer
Answer: D
Options A, B, and C are key provisions of PESA. Option D is incorrect because PESA mandates consultation with the Gram Sabha before land acquisition in Scheduled Areas.
3. Assertion (A): The Panchayats (Extension to Scheduled Areas) Act (PESA) aims to empower tribal communities and promote self-governance. Reason (R): PESA grants Gram Sabhas the authority to manage natural resources and control local plans and resources. In the context of the above statements, which of the following is correct?
- A.Both A and R are true and R is the correct explanation of A.
- B.Both A and R are true but R is NOT the correct explanation of A.
- C.A is true but R is false.
- D.A is false but R is true.
Show Answer
Answer: A
Both the assertion and the reason are true, and the reason correctly explains the assertion. PESA's aim is to empower tribal communities, and it achieves this by granting Gram Sabhas significant powers over natural resources and local governance.
4. Which of the following committees is associated with the enactment of the Panchayats (Extension to Scheduled Areas) Act (PESA), 1996?
- A.Balwant Rai Mehta Committee
- B.Ashok Mehta Committee
- C.L.M. Singhvi Committee
- D.Bhuria Committee
Show Answer
Answer: D
The Bhuria Committee is directly associated with the enactment of PESA, 1996. The committee's recommendations formed the basis for the Act.