Chaitanya AwasthiAIR 37 · CSE 2022 · 318 wordsTheir whole copy
Opening · a constitutional or legal provision
A 243 exempts tribal 5th Schedule Areas of 10 states from the provisions of Part IX of Constitution. However, Parliament is empowered to extend such provisions to said areas via law.
Accordingly on Bhuria Committee recommendations, PESA Act, 1996 was passed. It is often called a "Constitution within Constitution".
Body · points
Principles of the Act ↳ Democratic Decentralisation ↳ Local Self Governance ↳ Participatory Democracy ↳ Safeguarding tribal rights and customs ↳ Development of rural areas
Benefits (1) Power Devolution to Gram Sabha ↳ Land alienation/acquisition consultation ↳ Minor water bodies/Minor Forest Produce ownership ↳ Liquour Sale/Money lenders/Market regulation ↳ Minor Mineral Mining/Rehabilitation
(2) Safeguarding Tribal Traditions ↳ All State legislations to be in conformity with tribal customs, practices, traditions. ↳ Customary Mode of Dispute Resolution. (3) Empowering Tribal Communities ↳ Minimum 50% reservation in Panchayats ↳ Chairperson at all levels to be ST. (4) Gradual and Consensual integration with mainstream.
Issues (1) No effective devolution of powers by state governments. (2) Four Major tribal states (Jharkhand, Odisha, Chattisgarh, Madhya Pradesh) have not even framed rules under this Act. (3) Bypassing Act and exploiting loopholes by acquiring land under other legislations. (4) Poor implementation. (5) Administrative apathy and neglect by officers not well versed with local customs. (6) Neglect of spirit of Act. (7) Lack of Awareness amongst tribals and institutions being used as 'rubber stamps'
SUGGESTIONS (1) Expedient Rule Formation under the Act as per Model Rules, 2009 (2) Implement Municipalities Extension to Scheduled Areas Act (MESA) as well. (3) Sensitisation of officials. (4) Convergence of regulations like Forest Rights Act, Land Compensation Act etc. (5) Capacity Building of tribal population (6) Tribal Panchsheel to serve as guide
Close · a quotation
It is of utmost importance to strengthen legislations like PESA to build an inclusive society and a union of camaraderie in diversity. As A. Camus rightly said, "Democracy is not as much about majority, as it is about protection of minority."