Q. The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is not identified as its objective?
- To provide self-governance
- To recognize traditional rights
- To create autonomous regions in tribal areas
- To free tribal people from exploitation
Answer: (c) To create autonomous regions in tribal areas
Panchayat Extension to Scheduled Areas (PESA) 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.
- However, its application to the scheduled and tribal areas under Article 243(M) was restricted.
- After the Bhuria Committee recommendations in 1995, Panchayat Extension to Scheduled Areas (PESA) Act 1996 came into existence for ensuring tribal self-rule for people living in scheduled areas of India.
- 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.
- The power delegated to Gram Sabha cannot be curtailed by a higher level, and there shall be independence throughout.
- The PESA is considered to be the backbone of tribal legislation in India.
- PESA recognises the traditional system of the decision-making process and stands for the peoples’ self-governance.
- 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.