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Jharkhand issues PESA draft rules for consultations

GS Paper 2

 Syllabus: Government Programme and Policies

 

Source: IE

 

Context: The Jharkhand government has released draft rules for public consultation to implement The Provisions of the Panchayats (Extension to Scheduled Areas) Act (PESA) enacted in 1996.

  • In Jharkhand, Scheduled Areas are identified by the Fifth Schedule of the Constitution, covering 13 out of 24 districts in the state.

 

The draft rules grant gram sabhas in Scheduled Areas certain rights, such as resolving traditional and family disputes, hearing specific cases under the Indian Penal Code (IPC), and maintaining peace and order in accordance with the principles of the Constitution.

  

About PESA Act:

  • The PESA Act was enacted in 1996 “to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas”.
  • Part IX, comprising Articles 243-243ZT of the Constitution, contains provisions relating to municipalities and cooperative societies.

 

Under the Act, Scheduled Areas are those referred to in Article 244(1), which says that the provisions of the Fifth Schedule shall apply to the Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.

 

The Fifth Schedule provides for a range of special provisions for these areas.

Ten states — Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana — have notified Fifth Schedule areas that cover (partially or fully) several districts in each of these states.

  

Purpose:

Self-governance recognises the right of tribal communities and empowers Gram Sabha.

 

 

Insta Links:

PESA Act

 

Mains Link:

The PESA Act is considered to be the backbone of tribal legislation in India, in this backdrop do you think proper implementation of it can rejuvenate self-governance in the tribal pockets of the country? Analyse.