Model Answer
0 min readIntroduction
Traditional tribal societies in India have historically been governed by indigenous political institutions, primarily Tribal Councils, which were deeply rooted in their socio-cultural fabric. These councils addressed issues of dispute resolution, resource management, and social control. However, with the advent of modern governance structures, these traditional systems were often marginalized. The PESA Act, 1996, aimed to revitalize tribal self-governance by recognizing the authority of Gram Sabhas in Scheduled Areas. This Act sought to bridge the gap between traditional practices and modern democratic institutions, granting Gram Sabhas significant powers and functions. This answer will compare the functioning of these two systems, highlighting their similarities and differences.
Traditional Tribal Councils: A Historical Perspective
Traditional Tribal Councils, varying in name and structure across different tribes (e.g., Khap Panchayats among Jats, village councils among Nagas, and ‘Darbar’ among Gonds), were characterized by:
- Composition: Primarily composed of elders, headmen, religious leaders, and representatives chosen based on lineage, social status, or demonstrated wisdom. Often hereditary.
- Functions: Dispute resolution (both civil and criminal), enforcement of customary laws, management of community resources (land, forests, water), social welfare, and maintaining social order.
- Decision-Making: Consensus-based, relying on discussions and negotiations among council members. Emphasis on collective wisdom and upholding traditional norms.
- Powers: Derived from customary laws and social acceptance. Enforcement often relied on social sanctions and ostracism rather than formal legal mechanisms.
- Limitations: Could be susceptible to internal power dynamics, biases, and exclusion of marginalized groups (women, lower castes). Limited scope for formal accountability.
Gram Sabhas under PESA: A Modern Framework
The PESA Act, 1996, aimed to empower tribal communities by granting Gram Sabhas specific powers and functions. Key features include:
- Composition: All adult members of the village residing within the Scheduled Area are members of the Gram Sabha. This ensures broader participation compared to traditional councils.
- Functions: As per PESA, Gram Sabhas have powers related to land management, minor forest produce, dispute resolution, regulation of local markets, and control over local plans and funds. They also have the right to approve development projects.
- Decision-Making: Ideally, through direct democracy and consensus. However, in practice, decision-making can be influenced by dominant groups and political factors.
- Powers: Legally enshrined powers under the PESA Act, backed by state legislation. Gram Sabhas can make regulations and enforce them within their jurisdiction.
- Limitations: Implementation challenges due to lack of awareness, capacity building, and political will. Conflicts between Gram Sabhas and other local government institutions. Susceptibility to corruption and manipulation.
Comparative Analysis: Tribal Councils vs. Gram Sabhas
The following table summarizes the key differences and similarities between the two systems:
| Feature | Traditional Tribal Councils | Gram Sabhas (under PESA) |
|---|---|---|
| Legal Basis | Customary Laws & Traditions | PESA Act, 1996 & State Legislation |
| Composition | Elders, Headmen, Influential Individuals (often hereditary) | All adult residents of the village |
| Decision-Making | Consensus-based, Informal | Ideally Consensus-based, Formal (voting possible) |
| Powers & Authority | Social Sanctions, Customary Laws | Legally enshrined powers under PESA |
| Accountability | Informal, Social Accountability | Formal accountability to the community and state authorities |
| Scope of Participation | Limited, often exclusive | Potentially inclusive, universal membership |
Challenges and Convergence
Both systems face challenges. Traditional councils often struggle with modernization and inclusivity. Gram Sabhas, despite their legal framework, often lack the capacity and resources to effectively exercise their powers. However, there is potential for convergence. PESA encourages the integration of traditional knowledge and practices into modern governance. Many states are attempting to harmonize the functions of Gram Sabhas with existing traditional institutions, recognizing the value of indigenous systems. For example, in some areas of Jharkhand, Gram Sabhas consult with village elders before making decisions on land and forest management.
Conclusion
In conclusion, while Traditional Tribal Councils represent a historical legacy of self-governance rooted in customary laws, Gram Sabhas under PESA provide a legally recognized framework for empowering tribal communities within the modern Indian state. The key difference lies in their legal basis, composition, and accountability mechanisms. Successful tribal governance requires a synergistic approach that leverages the strengths of both systems – respecting traditional knowledge while ensuring inclusivity, transparency, and effective implementation of PESA. Further strengthening capacity building, promoting awareness, and ensuring political will are crucial for realizing the full potential of both these institutions.
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.