After bhuriya report, PESA 1996 act extended part 9 of constitution - panchayati Raj- to schedule 5 areas in 10 states.
State to follow tribal culture in panchayat laws.
Autonomous powers to gram sabha G.S. to : protect and preserve their traditions and regulate : community resources, money lending and forest produce.
Mandatory consultation of GS in land acquisition and mining prospecting.
50% reservation for STs.
Observations. Xaxa report 2014.
3 states yet to enact pesa. While others violate its spirit. Eg. Certain Chenchus groups of Andhra are a minority in their notified village, which defeats the purpose of creating PESA.
Irregular meetings. lack of infrastructure and quality staff. cripples the even limited functioning of PESA.
Minor forest produce rules like in MP encroaches GS powers.
GS consultations subverted - as in Mahan coal block allocation Pillai 2017
So, tribals lose control over water land and forest resources.
Government provides capacity building via rashtriya gram Swaraj abhiyan. But more is needed.
Political will of states to give funds powers and functionaries to GS.
Involve NGOs and anthropologists in implementation
Review notified rules for pesa.
Otherwise protests like pathalgadi and niyamgiri will continue.
Case study. Janhit 2018.
in Chhattisgarh, Prem Nagar gram sabha refused IFFCO to setup a plant. Show the area was converted to Nagar Panchayat to subvert PESA provisions. In nearby areas consent is ignored or tribals coerced to give consent. forest land is diverted and mining is done without consent. Forest department approves forest rights not gram sabha.