PESA and Tribal Self-Governance

What PESA Mandates

The Panchayats Extension to Scheduled Areas (PESA) Act, 1996 mandated that the 73rd Amendment's provisions be extended to tribal (Fifth Schedule) areas with modifications. PESA's key tribal-empowerment provisions:

• Gram Sabha's customary law and traditional management of natural resources is recognized
• No acquisition of land in tribal areas without Gram Sabha consultation
• No mining/prospecting lease in tribal areas without prior Gram Sabha consultation
• Minor forest produce ownership and management rights to tribal communities
• Money lender regulation by Gram Sabha
• Power to prevent alienation of tribal land

Rajasthan's PESA Areas and Rules

Districts covered (partly or fully) under the 5th Schedule: Udaipur, Banswara, Dungarpur, Sirohi, Rajsamand, Pratapgarh, and Chittorgarh.

Rajasthan PESA Rules, 2011 were notified but implementation has been weak:

• Gram Sabha consent for land acquisition is frequently bypassed in practice
• Forest Rights Act implementation is incomplete — many tribals still lack individual and community forest rights titles
• Mining companies have proceeded with leases without adequate Gram Sabha consultation (source of BAP's political grievances)

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