Implementation Status and Gap between Provisions and Practice of PESA Act: A Comparative Diagnostic-cum-Evaluation Study

Abstract

The Panchayats Extension to scheduled Areas Act (PESA Act), 1996 envisages the establishment of village Panchayat as self-governing institution. As per the guideline of the Central Government and in accordance with the provision of PESA Act, 1996 necessary amendments have been made to the Odisha Panchayat Acts on 22nd December 1997. The Acts are titled as Odisha Gram Panchayat Amendment Act 1997, Odisha Panchayat Samiti Act, 1997, Odisha Zilla Parishad Act, 1997. The guideline provisions of the Act were followed in the elections to PRIs held in February 2002, March 2007 and February 2012 in the State of Odisha. In pursuance of the provisions in the amended Acts, the respective administrative departments have made some changes in the existing State laws relating to the transfer of power to PRIs. Steps have also been taken at GO and NGO level for creating awareness about the PESA Act and its provisions, powers and functions of the PRIs and the elected members and to empower them for better implementation of the Act in the interest of tribal empowerment and development. The basic provision of the PESA is aimed at facilitating participatory democracy in tribal areas by empowering the Gram Sabha to manage and control its own resources. The Gram Sabhas are given special functional powers and responsibilities to ensure effective participation of tribal communities in their own development in harmony with their culture so as to preserve/conserve their traditional rights over natural resources. The Act is intended to restore primary control over natural resources including land, water, forest, minerals and bestow ownership rights of Gram Sabha over Minor Forest Produces. Objectives of Study 1. To make an assessment of status/functioning of the PRIs after 73rd Amendment and PESA Act in scheduled area. 2. To examine the degree of understanding about PESA Act among PRI members and community and their extent of empowerment and to identify the organizations (GO/NGOs/CBOs) taking initiative/efforts for empowering and strengthening PRIs in Scheduled areas. 3. To evaluate peoples' participation especially women in the democracy and development process in the light of flow of funds and implementations and achievements of different development schemes. 4. To identify shortcomings in implementation of the Acts related to PRIs and problems of Tribal PRIs Representatives in participating the democracy and development process, 5. To review central and state legislation of PESA and make suggestions to bridge the gap between the provisions of the Central Acts and the State Panchayat Acts and legislations, devolution of powers to PRIs by different Development Departments and for taking up further measures towards achievement of the objectives of PRIs.