Q2(b): How is PESA Act empowering local self-governance and impacting women's political participation?
The Panchayats (Extension to Scheduled Areas) Act, 1996, commonly known as PESA, is a landmark legislation enacted to extend the provisions of Part IX of the Constitution relating to Panchayats to the Scheduled Areas of India, with certain modifications. Its primary objective is to enable tribal self-rule and protect their traditional rights and resources.
Empowering Local Self-Governance:
PESA fundamentally empowers local self-governance in Scheduled Areas by recognizing the Gram Sabha (village assembly) as the nucleus of all activities. It mandates that every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources, and the customary mode of dispute resolution. Key provisions include:
- Gram Sabha's Authority: The Gram Sabha is given significant powers, including approving plans, programs, and projects for social and economic development before implementation by the Panchayat. It also has the authority to identify beneficiaries for poverty alleviation and other schemes.
- Control over Resources: PESA grants Gram Sabhas control over minor forest produce, minor water bodies, local markets, and the power to regulate money lending and liquor sales. It also mandates prior consultation with the Gram Sabha for land acquisition, resettlement, and rehabilitation, and for granting prospecting licenses or mining leases for minor minerals.
- Protection of Tribal Identity: The Act aims to protect tribal identity and culture by giving the Gram Sabha the power to manage village markets, prevent land alienation, and restore unlawfully alienated land.
- Reservation for Tribals: It mandates that the reservation of seats for Scheduled Tribes in every Panchayat in the Scheduled Areas shall be in proportion to their population, and the chairperson's post at the intermediate and district levels shall be reserved for STs.
By devolving power to the Gram Sabha, PESA strengthens traditional governance systems, ensures community participation in decision-making, and provides a legal framework for tribal autonomy, thereby preventing exploitation and promoting self-determination.
Impact on Women's Political Participation:
PESA, by extending the 73rd Constitutional Amendment Act, has significantly impacted women's political participation in Scheduled Areas, particularly tribal women:
- Mandatory Reservation: The Act ensures that at least one-third (and in many states, 50%) of the seats in Panchayats are reserved for women, including within the seats reserved for Scheduled Tribes. This provision has led to a substantial increase in the number of tribal women holding elected positions at the grassroots level.
- Voice in Decision-Making: With increased representation, tribal women gain a formal platform to articulate their needs and concerns, which often relate to critical issues like health, sanitation, water, education, and domestic violence. Their presence can bring a gender perspective to local development planning and resource allocation.
- Challenging Patriarchy: Participation in local governance can challenge traditional patriarchal structures within tribal societies, where women's roles might have been confined to the domestic sphere. Holding formal political authority can enhance their social standing and decision-making power within the community.
- Capacity Building and Empowerment: Engagement in Panchayat activities often leads to training, exposure, and increased awareness of their rights and government schemes. This process can build their leadership skills, confidence, and overall empowerment.
- Role Models: The presence of elected tribal women representatives serves as an inspiration and role model for younger generations, encouraging greater participation in public life.
While challenges like 'proxy representation' (where male relatives wield actual power), lack of adequate training, illiteracy, and continued social barriers persist, PESA has undeniably been instrumental in creating unprecedented opportunities for tribal women to engage in formal political processes, influence local development, and assert their agency within their communities.