The PESA Act and the reason behind parties trying to woo tribals in Gujarat

The PESA Act and the reason behind parties trying to woo tribals in Gujarat

Subject : Polity

Section: Panchayati raj

Context: AAP’s election manifesto in Gujrat

Concept :

• The PESA Act was enacted in 1996 “to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas”. Other than Panchayats, Part IX, comprising Articles 243-243ZT of the Constitution, contains provisions relating to municipalities and cooperative societies.
• Under the Act, Scheduled Areas are those referred to in Article 244(1), which says that the provisions of the Fifth Schedule shall apply to the Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram. The Fifth Schedule provides for a range of special provisions for these areas.

What is the PESA Act?

• The PESA Act was enacted to ensure self-governance through Gram Sabhas (village assemblies) for people living in the Scheduled Areas. It recognises the right of tribal communities, who are residents of the Scheduled Areas, to govern themselves through their own systems of self-government.
• The Act empowers Gram Sabhas to play a key role in approving development plans and controlling all social sectors. This includes the processes and personnel who implement policies, exercising control over minor (non-timber) forest resources, minor water bodies and minor minerals, among other things.
• Ten states — Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana — have notified Fifth Schedule areas that cover (partially or fully) several districts in each of these states.
• After the PESA Act was enacted, the Union government circulated model PESA Rules. So far, six states have notified these Rules.

Tribes of Gujarat

• There are 11 major tribes in Gujarat, the largest being Bhil which is nearly 48% of the state’s total tribal population. Other major tribes are Gamit, Dhodias, Bawcha, Kunbi, Rabari, Siddi, Pateliya, Naikda, Chaudhary.