Panchayat (Extension to Scheduled Areas) Act 1996: A Remedy for Rising Naxalism

India is the largest democracy in the world. However, the survival of democracy depends on the active involvement of people in public life. Accordingly, provisions have been made in the Indian constitution that no one can remain away from the main stream or feel marginalized. As scheduled castes and scheduled tribes (SCs and STs) constitute a significant part of Indian population and are the most deprived and vulnerable sections of the society since ages, positive discrimination has been made by the state in their favour. Parts IV, VI, IX and XVI of the Indian Constitution make adequate provisions not only to curb atrocities and violence against them but also to empower them in all respects. The tribes constitute about 8 per cent of India's population and are the most backward and exploited section of the society spreading over two-dozen states in 94 districts; hence, it was felt necessary to pay attention to their problems and prospects so that their resources and energy can be properly utilized and channelized for national development. To meet these goals, the Government of India enacted the Panchayat (Extension to Scheduled Areas) Act (PESA Act) 1996 to decentralize powers and strengthen democracy at the grassroots level. As about one-third of the PESA districts are disturbed and many more are going into the clutches of ultras, such as Nationalist Socialist Council of Nagaland (NSCN), United Liberation Front of Assam (ULFA), Maoist or other extremist movements like People's War Group (PWG); therefore, the PESA Act seems to be a viable solution to tackle the problem. It provides wide opportunities to tribal people in decision-making and development process at the grassroots level and eliminates the feeling of apathy or isolation prevailing among these sections due to intruders, encroachment of their areas and resources as well as their deprivation from their traditional means of livelihood or inaccessibility to their resources. As the PESA Act is in operation for more than one-and-a-half decade and the government has earmarked special funds and grants for these areas under the 12th plan on the recommendation of second Administrative Reforms Commission (ARC; see Administrative Reforms Commission, 2007), it becomes pertinent to evaluate its impact on tribal people particularly in terms of self-governance and empowerment. The main constraints with enforcing the PESA Act have been highlighted with some remedial steps to make it more viable and pragmatic.