CUTTACK (Odisha, India): Four residents from tribal villages in Odisha have filed a petition before the Orissa High Court alleging a delay of almost three decades by the state government in framing rules required to implement the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA act) in tribal regions of Odisha.
The petitioners, who are residents of tribal villages in Odisha’s Scheduled Areas, have sought judicial intervention over what they claim is prolonged inaction in notifying operational rules under PESA Act. The petitioners have argued until these rules were framed, the constitutional objective of empowering tribal communities through self-governance in Scheduled Areas would remain incomplete.
The PESA Act, enacted by the Indian Parliament in 1996, was designed to extend the provisions of Panchayati Raj institutions to Fifth Schedule Areas, which are predominantly inhabited by tribal populations. The law gives Gram Sabhas a central role in local decision-making, particularly in matters relating to land, minor forest produce, and community resources. However, its effective implementation depends on state governments framing detailed rules and administrative procedures.
In Odisha, Scheduled Areas include districts and regions with significant tribal populations where local governance structures are intended to function with enhanced community participation. While the state has incorporated provisions of the PESA Act into its existing Panchayati Raj legislation, the provisions have not been put into effect fully because the rules have not been framed yet, the petition said. Draft rules for implementing PESA in Odisha were published in 2023, and consultations have been going on since then, the petition also said.
There are also challenges such as limited awareness among local populations, capacity gaps at the grassroots level, and the need to strengthen institutional mechanisms before full rollout.
The petitioners contend that the delay was defeating the purpose of introducing self-governance in tribal areas, limiting the authority of Gram Sabhas and affecting participatory decision-making. They have sought directions from the High Court to the state government to finalize and implement the rules without further delay.
In Odisha, tribal districts such as Malkangiri, Koraput,Rayagada, Nabarangpur, Sundargarh, and Mayurbhanj fall under the Fifth Schedule, where the Act is intended to strengthen local governance and community control over resources.
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