The Implementation and impact of PESA Act on Tribal Self-Governance

The concept of self-governance is considered important worldwide for the strengthening of democracy. Participation of people in the various political systems and institutions of the country, which govern their lives, is a fundamental human right for social and economic development. As a decentralized governance institution, the Panchayati Raj system worked to involve all stakeholders in the development process. The Panchayats Extension to Scheduled Areas (PESA) Act, 1996 was a long-awaited reform in the Panchayat system of the country.

PESA deals with the traditional rights of tribal people, including cultural rights, language, identity, as well as rights to all resources within their area, such as land, water, forests and minerals. It emphasizes the rights of tribal people to maintain and strengthen their own institutions, culture and traditions and to develop them in accordance with their aspirations and needs.

The Ministry of Panchayati Raj took up significant initiatives between 2 October 2009 and 2 October 2010, marking the period as the “Year of Gram Sabha”. Tribal communities constitute about 8.6% of India’s population (Ministry of Tribal Affairs, Government of India). The PESA Act, 1996 is considered to be the most powerful law among the various laws enacted by the state to provide significant support to the tribal community.

This paper discusses the implementation and impact of the PESA Act of 1996 with the help of various studies, research articles, books, journals and columns. This research paper is based on secondary sources. This study carried out to critically analyse the existing gaps in implementation in the state Panchayat Raj law and the subject laws on the matters falling under the purview of PESA, to look at the implementation and impact of PESA in Scheduled Areas.