PESA Act implemented in Jharkhand after 25 years
Kartavya Desk Staff
Source: DTE
Subject: Devolution of Powers and Finances up to Local Levels
Context: Jharkhand notified PESA Rules in January 2026, 25 years after becoming a state, extending tribal self-governance to its Fifth Schedule areas.
About PESA Act implemented in Jharkhand after 25 years:
What is PESA?
• The Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA) extends Part IX of the Constitution (Panchayati Raj) to Fifth Schedule tribal areas, recognising Gram Sabha as the primary authority over local governance, land, forests and community resources.
• It was enacted on 24 December 1996 to operationalise tribal self-rule in Scheduled Areas across nine States including Jharkhand
Key history of the PESA Act:
• Colonial legacy of dispossession: British forest and land laws converted tribal communities into encroachers on their own land, destroying customary systems of governance.
• Constitutional response: The Fifth Schedule under Article 244 was designed to protect tribal areas, but without local self-governance it remained weak.
• 73rd Constitutional Amendment (1992): Panchayati Raj was introduced nationwide, but Scheduled Areas were kept outside its scope due to their special status.
• Bhuria Committee (1994–95): It recommended that Gram Sabhas, not bureaucracies, must control natural resources and development in tribal regions.
• Enactment of PESA (1996): Parliament passed PESA to legally empower tribal villages through direct democracy.
Key features of PESA:
• Gram Sabha as the supreme authority: Village assemblies are recognised as the core decision-making bodies in Scheduled Areas.
• Protection of customary law and culture: Local traditions, religious practices and tribal social systems must be respected by governance structures.
• Control over natural resources: Gram Sabhas have rights over minor forest produce, village water bodies and community lands.
• Land acquisition safeguards: No land can be acquired without consulting Gram Sabhas, and illegal land transfers can be reversed.
• Local governance powers: Villages regulate markets, money-lending, liquor, and decide beneficiaries of government schemes.
Successes of PESA:
• Legal recognition of traditional self-rule: PESA legally elevates the Gram Sabha above Panchayats in Scheduled Areas, giving constitutional backing to tribal customs and governance systems that existed long before modern administration.
E.g. Rarang village used this authority to enforce community-controlled Chilgoza harvesting, preventing contractor exploitation while protecting ecological sustainability.
• Economic sovereignty via Minor Forest Produce: By shifting ownership of NTFPs from Forest Departments to Gram Sabhas, PESA converted forest gatherers into economic stakeholders rather than wage collectors.
E.g. Gadchiroli’s federated Gram Sabhas leveraged collective bargaining for tendu and bamboo, increasing incomes by cutting out middlemen and state monopolies.
• Deepened participatory democracy: PESA expands democracy beyond elections by making household-level and women’s participation mandatory, embedding social inclusion inside governance itself.
E.g. Khamdhogi’s rule of one man–one woman per household ensured that development decisions reflected women’s needs, not just male elites.
• Legal shield against land alienation: The requirement of prior informed consent transforms Gram Sabhas into constitutional gatekeepers against forced displacement and bureaucratic land grabs.
E.g. Bhil villages in Udaipur blocked forest reclassification by asserting their collective rights over ancestral land through PESA-backed resolutions.
• Community control over natural resources: PESA allows Gram Sabhas to turn local resources into community assets, shifting villages from dependency to revenue-based self-reliance.
E.g. Vadagudem’s sand cooperative channels profits into schools and healthcare, demonstrating how decentralised resource control enables local development.
Challenges to PESA:
• Dilution of Powers by States: Several state governments have framed restrictive rules that bypass the Gram Sabha, often reducing its role to a mere advisory body rather than a decision-maker.
• Bureaucratic Dominance: The traditional top-down administrative structure often ignores village resolutions, with officials and higher Panchayat tiers continuing to control funds and project approvals.
• Circumvention for Industrial Projects: Large-scale mining and infrastructure projects often use legal loopholes or coercive tactics to bypass the requirement for mandatory Gram Sabha consultation.
• Inactivity of Constitutional Protections: Governors and Tribal Advisory Councils, despite having specific mandates to oversee Scheduled Areas, rarely exercise their discretionary powers to safeguard PESA.
• Lack of Awareness and Literacy: High levels of digital and legal illiteracy in remote hamlets mean many communities remain unaware of their potent rights to reject land acquisition.
Way Ahead:
• Operationalizing Gram Sabhas: Villages must be provided with independent secretariats, direct funding, and technical training to manage local budgets and social developmental planning effectively.
• Legal Convergence: PESA implementation must be synchronized with the Forest Rights Act (2006) and the Samata Judgment to ensure that private mining cannot occur without community consent.
• Restoring Village Authority: State-level PESA rules require urgent amendments to ensure that the consent of the Gram Sabha is legally binding and non-negotiable for all land-related matters.
• Independent Grievance Redressal: A specialized judicial or quasi-judicial body should be established in Scheduled Areas to handle PESA violations without the delays of the mainstream court system.
• Social Audits and Monitoring: Civil society organizations should be empowered to conduct regular social audits, ensuring that transparency is maintained in how tribal resources are utilized and managed.
Conclusion:
PESA is not just a law, but India’s constitutional promise of tribal self-rule. Jharkhand’s delayed implementation will matter only if Gram Sabhas are truly empowered. Without real autonomy, development in tribal areas will remain extractive and unjust.
Q. Critically evaluate the impact of the Panchayats (Extension to Scheduled Areas) Act (PESA) on forest conservation in India. (15M)