How is PESA Act empowering local self-governance and impacting women's political participation?

Understanding the PESA Act and its Provisions

The PESA Act is a landmark legislation designed to address the specific needs and challenges of governance in Scheduled Areas, comprising approximately 8.6% of India’s population (Census 2011 - knowledge cutoff). It builds upon the 73rd Amendment but introduces crucial modifications to ensure its relevance to tribal contexts. Key provisions include:

• Ownership of Natural Resources: Gram Sabhas have the authority to manage and regulate natural resources within their jurisdiction.
• Planning and Implementation of Development Projects: PESA mandates consultation with Gram Sabhas before initiating any development project in Scheduled Areas.
• Traditional Dispute Resolution Mechanisms: The Act recognizes and protects traditional tribal dispute resolution systems.
• Reservation of Seats: While the 73rd Amendment provided for one-third reservation for women, PESA reinforces this and allows states to increase reservation percentages.
• Power to Recall Sarpanch: Gram Sabhas have the power to recall the Sarpanch, enhancing accountability.

Empowering Local Self-Governance through PESA

PESA has fundamentally altered the landscape of local governance in Scheduled Areas by shifting power to the grassroots level. The Gram Sabha, as the primary unit, is empowered to:

• Approve Development Plans: Gram Sabhas approve plans for economic development and social justice.
• Manage Minor Forest Produce: They have the right to protect and manage minor forest produce, providing economic benefits to the community.
• Control Local Police: PESA allows for the establishment of village police stations under the control of the Gram Sabha.
• Regulate Local Markets: Gram Sabhas can regulate local markets and trade.

This decentralization of power has led to increased community participation in decision-making processes and a greater sense of ownership over local resources.

Impact on Women’s Political Participation

PESA has had a demonstrably positive impact on women’s political participation in Scheduled Areas, though challenges remain. The Act’s provisions, coupled with the mandatory one-third reservation for women in Panchayats, have led to:

• Increased Representation: The number of women elected to Panchayats has significantly increased since the implementation of PESA. Some states, like Odisha and Andhra Pradesh, have even exceeded the one-third reservation, reaching 50% in some districts.
• Enhanced Leadership Roles: Women are increasingly assuming leadership roles within Panchayats, including as Sarpanch.
• Greater Voice in Decision-Making: Women’s participation in Gram Sabhas has provided them with a platform to voice their concerns and influence local policies.
• Focus on Gender-Specific Issues: Women representatives have often prioritized issues such as access to safe drinking water, sanitation, and education for girls.

However, the impact is not uniform. Proxy representation, where male relatives participate on behalf of elected women representatives, remains a significant challenge. Furthermore, women often face social and cultural barriers that limit their effective participation, such as limited mobility and lack of access to information.

Challenges and Limitations

Despite its positive contributions, the implementation of PESA has faced several challenges:

• Lack of Awareness: Many tribal communities and officials remain unaware of the provisions of the Act.
• Weak Institutional Capacity: Panchayats often lack the necessary resources and capacity to effectively implement PESA.
• Conflict with Existing Laws: PESA sometimes clashes with existing state laws, creating confusion and hindering implementation.
• Political Interference: Political interference from state-level actors can undermine the autonomy of Gram Sabhas.
• Inadequate Monitoring and Evaluation: There is a lack of robust monitoring and evaluation mechanisms to assess the impact of PESA.

Addressing these challenges requires sustained efforts to raise awareness, build institutional capacity, and ensure effective monitoring and evaluation.

Aspect	Before PESA	After PESA
Decision-Making Power	Centralized, with state administration	Decentralized, with Gram Sabhas
Women’s Representation	Limited, often negligible	Mandatory one-third reservation, increased in some states
Resource Control	State control over natural resources	Gram Sabhas have authority over local resources