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The Parliament of India passed the Panchayats (Extension to Scheduled Areas) Law popu- larly known as PESA Law. Which one among the following statements regarding PESA Law is not correct ?
Explanation
The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) was enacted to provide self-governance to people living in Fifth Schedule areas [5]. Contrary to the statement in option 2, the heart of the PESA Act is the empowerment of the Gram Sabha, not its disempowerment [4]. The Act grants Gram Sabhas significant authority to protect tribal interests, including the preservation of traditional customs, culture, and the management of community resources like minor forest produce and water bodies [5]. It specifically mandates that state legislation must be consistent with customary law and traditional practices. While PESA ensures participatory democracy and protects the rights of tribal communities over their land and inheritance through traditional governance systems, it is designed to strengthen local institutions [5]. Therefore, the claim that PESA disempowers Gram Sabhas is incorrect as the Act explicitly restores and protects their rights [4].
Sources
- [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 39: Panchayati Raj > PESA ACT OF 1996 (EXTENSION ACT) > p. 393
- [5] https://www.indiacode.nic.in/bitstream/123456789/1973/1/A1996-40.pdf
- [4] https://en.wikipedia.org/wiki/PESA_Act