Demanding PESA rights- Jharkhand’s tribal people plan to boycott panchayat polls

Demanding PESA rights- Jharkhand’s tribal people plan to boycott panchayat polls

TOPIC: Polity

Context- several tribal clans and their leaders in the state have vowed to boycott the elections alleging that the Jharkhand government has ignored the rights of the tribal people of the state for more than 20 years.

• Their specific grouse relates to the poor implementation of PESA (Provisions of the Panchayats (Extension Schedule Area) Act).

Concept-

PESA (Provisions of the Panchayats (Extension Schedule Area) Act)1996:

• To promote local self-governance in rural India, the 73rd constitutional amendment was made in 1992.
• Through this amendment, a three-tier Panchayati Raj Institution was made into a law.
• PESA, one of the strongest acts supporting tribal communities, ensures self-governance through gram sabhas (village councils) in predominantly tribal areas that are categorised as Scheduled Areas under the Indian Constitution.
• The PESA conferred the absolute powers to Gram Sabha, whereas state legislature has given an advisory role to ensure the proper functioning of Panchayats and Gram Sabhas.
• Gram sabhas are non-political in nature and are formed traditionally in tribal areas based on hereditary rights of the clans without elections.
• PESA mandates that there should not be panchayat elections in the Fifth Scheduled areas.
• Following powers and functions have been provided to the Gram Sabhas:
  • Right to mandatory consultation in land acquisition, resettlement and rehabilitation of displaced persons.
  • Protection of traditional belief, the culture of the tribal communities
  • Ownership of minor forest products
  • Resolution of the local disputes
  • Prevention of land alienation
  • Management of village markets
  • Right to control production, distillation, and prohibition of liquor
  • Exercise of control over money-lending
  • Any other rights involving the Scheduled Tribes.