Model Answer
0 min readIntroduction
The Panchayats (Extension to Scheduled Areas) Act (PESA), 1996, is a landmark legislation aimed at recognizing and strengthening traditional self-governance structures in Scheduled Areas of India. A cornerstone of PESA is the *Gramasabha*, the village-level general body comprising all eligible voters. Historically, these institutions often lacked genuine power and were subservient to higher-level bodies. PESA sought to rectify this, granting Gramasabhas significant authority in resource management, conflict resolution, and planning. The question necessitates an exploration of these specific roles, analyzing their effectiveness and the challenges encountered.
Understanding Gramasabha and PESA
A Gramasabha, as defined by the PESA Act, is the village-level general body of villagers who are eligible to be registered as voters in the area. It is the primary platform for participatory governance in Scheduled Areas.
PESA, 1996 aims to extend the provisions of the Panchayati Raj Act to Scheduled Areas (primarily in states like Chhattisgarh, Jharkhand, Madhya Pradesh, Odisha, and Rajasthan) and to Scheduled Tribes in other areas. It recognizes traditional village institutions and empowers them.
Key Roles of Gramasabha under PESA
- Resource Management: PESA mandates that Gramasabhas have the right to manage local resources like minor minerals, forests, water, and grazing lands. This includes planning for sustainable use and benefit-sharing. Example: In Odisha, Gramasabhas are involved in the auctioning of minor mineral leases, ensuring community benefit.
- Planning and Development: Gramasabhas are responsible for preparing development plans for their villages, prioritizing needs and allocating resources. They can also review and revise plans prepared by higher-level Panchayats.
- Conflict Resolution: PESA empowers Gramasabhas to resolve disputes related to land, property, and traditional practices, according to customary laws. This is vital in areas with complex social structures.
- Protection of Traditional Practices: The Act emphasizes the preservation of traditional practices, customs, and cultural heritage of tribal communities. This includes safeguarding traditional knowledge and protecting against exploitation.
- Maintenance of Records: Gramasabhas are responsible for maintaining village records, including land records, birth and death registers, and other important documents.
- Right to Information: PESA guarantees the right to information regarding development plans, resource allocation, and other relevant matters.
Challenges and Limitations
Despite the provisions of PESA, Gramasabhas often face significant challenges:
- Lack of Awareness: Limited awareness among villagers about their rights and responsibilities under PESA hinders effective participation.
- Dominance of Elected Representatives: Elected representatives often overshadow the Gramasabha, undermining its authority.
- Limited Resources: Gramasabhas often lack adequate financial and administrative resources to effectively discharge their functions.
- Influence of External Factors: Powerful vested interests (e.g., mining companies) often exert undue influence, compromising the Gramasabha’s decision-making process.
- Implementation Gaps: State governments have often failed to fully implement PESA provisions, leading to inconsistent application.
PESA and Forest Rights Act (FRA) – Synergy
The Forest Rights Act, 2006, complements PESA. FRA recognizes the traditional rights of forest-dwelling communities over forest land and resources, further strengthening the role of Gramasabhas in forest management. STATISTIC: According to the Ministry of Tribal Affairs (knowledge cutoff), approximately 1.95 crore titles have been distributed under FRA (as of 2022).
Case Study: Chhattisgarh's Gram Sabha Model
Case Study Title: Chhattisgarh's Gram Sabha Resource Management
Description: Chhattisgarh has been relatively proactive in implementing PESA, particularly in resource management. Gram Sabhas are involved in auctioning minor minerals and receiving a share of the revenue generated. This has led to increased local development funds.
Outcome: While challenges remain, the model demonstrates the potential of Gram Sabhas in managing resources and promoting local development. However, issues of transparency and accountability still need addressing.
| Act | Key Provision related to Gramasabha |
|---|---|
| PESA, 1996 | Mandates right to manage local resources, prepare development plans, resolve disputes. |
| FRA, 2006 | Recognizes traditional rights of forest dwellers, strengthening Gramasabha role in forest management. |
Conclusion
The Gramasabha, as envisioned by PESA, holds immense potential for participatory governance and empowering tribal communities. However, its effectiveness is hampered by a lack of awareness, inadequate resources, and political interference. Strengthening Gramasabhas requires focused efforts to enhance their capacity, ensure transparency and accountability, and promote greater awareness among villagers about their rights and responsibilities. A truly decentralized governance structure necessitates a robust and empowered Gramasabha system.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.