Traditional Tribal Governance Systems and Formal Gram Panchayats of Madhya Pradesh in the Context of the PESA Act, 1996
Prakash M Philip
Abstract
The PESA Act of 1996 is a testament to the political dedication to empowering tribal communities and reshaping power dynamics. Its core objective is to grant tribal communities the ability to self-govern and preserve their beliefs, values, and way of life. Although the PESA Act originates from a Central Legislation, the onus of ensuring its effective implementation rests upon the states. A thorough analysis of governance within the framework of PESA reveals a spectrum of preparedness among Gram Panchayats to embrace progressive governance reforms. While some Gram Panchayats swiftly adjust to the evolving landscape, effectively wielding their newfound powers and responsibilities, others progress at a more gradual pace. Concurrently, a third category of Panchayats grapple with comprehending the extent of powers and duties delegated to them, often continuing with their established modes of operation. The focal point of this article is to delve into the interplay between the PESA Act and the tribal/customary governance systems in Scheduled Areas. This exploration aims to shed light on the intricate dynamics shaping the coexistence of formalized governance structures and traditional tribal practices, providing critical insights into the challenges faced by Gram Panchayats and emphasizing the imperative of aligning the administrative structures with the cultural fabric of tribal communities for meaningful and sustainable empowerment. The findings underscore the necessity of aligning administrative structures with the cultural fabric of tribal communities for meaningful and sustainable empowerment, emphasizing the need for targeted capacity-building initiatives, community awareness, and fostering inclusive decision-making processes.