Local Government: Panchayats and Municipalities: UPSC Previous Year Questions (Polity)

Explanation

The Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA Act) was enacted to extend the provisions of Part IX of the Constitution (related to Panchayati Raj) to the Scheduled Areas listed under Schedule V of the Constitution. Its primary objectives include:

1. To provide self-governance in tribal areas through Gram Sabhas.

2. To recognize traditional rights of tribal communities, particularly regarding community resources.

3. To free tribal people from exploitation by empowering Gram Sabhas to regulate and control resources, markets, and institutions in Scheduled Areas. The creation of autonomous regions is not an objective of the PESA Act. Autonomous regions are primarily a feature of Schedule VI of the Constitution, applicable to certain tribal areas in the northeastern states, not the Schedule V areas targeted by PESA.

Explanation

Under the Section 6(1) of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (commonly known as the Forest Rights Act or FRA), the Gram Sabha is designated as the primary authority to initiate the process of determining the nature and extent of individual and community forest rights. Forest Rights Act, 2006:

The act recognizes and vests the forest rights and occupation in Forest land to forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD) who have been residing in for at least three generations prior to the 13th day of December, 2005. For the purpose of this clause, "generation" means a period comprising of twenty-five years The act further enjoins upon the Gram Sabha and rights holders the responsibilities and authority for sustainable use, conservation of biodiversity and maintenance of ecological balance of FDST and OTFD. While protecting the FDST and OTFD’s way of life and food security, it strengthens the conservation regime for the forests.