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Stalled Tribal Autonomy: Delays in PESA Rule-Framing in Fifth Schedule States

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A high-level administrative review has highlighted that several states with Fifth Schedule areas have failed to notify rules for the PESA Act, 1996. This delay effectively prevents Gram Sabhas from exercising their statutory rights over forest produce and customary dispute resolution.

The Provisions of the Panchayati Raj (Extension to the Scheduled Areas) Act, 1996, popularly known as the PESA Act, was envisioned as a transformative tool to bring village-level democracy to tribal areas in ten states under the Fifth Schedule. However, a recent high-level administrative review has flagged a significant bottleneck: several states have yet to notify the specific rules required to operationalize the Act. While the central legislation provides a broad framework, the actual implementation depends on state-specific rules. The absence of these rules effectively strips Gram Sabhas of their statutory powers. PESA was designed to recognize the traditional rights of tribal communities over 'jal, jangal, zameen' (water, forest, and land). Specifically, it mandates that Gram Sabhas be consulted before land acquisition and be empowered to manage minor forest produce (MFP), which is a primary source of livelihood for millions of tribal households.

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