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

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.

The review highlights that the delay in rule-framing has led to the continued alienation of tribal lands and the marginalization of traditional forest-dwelling practices. Furthermore, the Act’s provision to resolve local disputes through customary laws remains largely on paper. This administrative inertia not only undermines the spirit of the 73rd Constitutional Amendment but also contributes to tribal unrest, as communities feel excluded from the governance process. In many regions, the lack of PESA rules has been cited as a factor fueling local grievances and even extremism.

To bridge this gap, the report urges state governments to prioritize the notification of PESA rules. This includes defining the procedures for Gram Sabha meetings, the mechanism for managing community resources, and the integration of traditional tribal institutions into the modern administrative setup. Effective tribal self-governance is not just a legal requirement but a prerequisite for inclusive and sustainable development in India’s heartland.