PESA: Self-Rule in Tribal Areas

How the PESA Act of 1996 gave gram sabhas in Scheduled Areas powers over land, resources and local markets, and why states have been slow to implement it.

The Panchayats (Extension to Scheduled Areas) Act, 1996, known as PESA, extends local self-government to tribal areas.

Scheduled Areas

The Fifth Schedule of the Constitution covers tribal-majority areas in 10 states, including Jharkhand, Chhattisgarh, Odisha and Madhya Pradesh.

Powers of gram sabhas

Consultation before land acquisition.
Ownership of minor forest produce.
Control over local markets and money-lending.
Management of water bodies and minor minerals.
Approval of development plans.

Economic significance

PESA recognises that communities should decide how local resources are used, and benefit from them.

Niyamgiri

In 2013, the Supreme Court asked gram sabhas in Odisha’s Niyamgiri hills to decide on bauxite mining by Vedanta. The gram sabhas rejected it, a landmark exercise of consent.

Weak implementation

Many states delayed framing PESA rules for years, and gram sabha powers are often ignored.

The gram sabha vote

Before a company can acquire land in a Scheduled Area village, the gram sabha meets to discuss the project. Villagers debate jobs, compensation and forest loss before voting.

Thinking tribal areas have no say in projects

PESA gives gram sabhas consultation and resource powers, though often weakly enforced.

Key takeaways

PESA (1996) extends self-rule to Scheduled Areas.
Gram sabhas have powers over land, forest produce and markets.
Niyamgiri gram sabhas rejected mining in 2013.
Many states were slow to implement PESA rules.