Thursday, June 27, 2024
Home 2018-19-Vol4-Issue1 Implementation And Working Of PESA : Issues And Challenges

Implementation And Working Of PESA : Issues And Challenges

India, the country’s unique feature is the diverse culture among its people. In particular it is one of the nations with hundreds of ethnic groups and tribal communities. These communities play a vital role in upholding the
country’s cultural heritage and occupying a major part of Indian history. In the process of understanding the historical aspects of such tribal groups, the Government of India has made various Constitutional provisions and other welfare programmes for their upliftment. The 73rd Constitutional amendment Act, 1992 enshrines
the provision of local self-governance by the creation of Panchayati Raj Institutions (PRIs).
This framework was applicable throughout the country except the ten states mentioned under Part IX of the Constitution of India. These ten states are namely Andhra Pradesh, Telengana, Himachal Pradesh, Chhattisgarh, Gujarat, Madhya Pradesh, Jharkhand, Maharashtra, Odisha and Rajasthan2. Thus, the Government of India enacted the Panchayat (Extension to the Scheduled Areas) Act in the year 1996 to cover the local governance in the above mentioned Scheduled areas or Scheduled States with respect to the tribal communities. From then, the Government of India has been trying to amend certain legislations which are in conflict with this Act. The State Governments of certain states have also been trying to submit their opinion on the fact that the Act is not in lines with their state’s subject laws. Therefore, the need of the hour is to implement this Act by analyzing the
provisions and the conflicting issues.

2018-19-Vol4-Issue1-_6

Niranjan E V
4th year, B.A.LL.B (Hons.) at School of Law, CHRIST (Deemed to be University), Bangalore | + posts
RELATED ARTICLES

Reducing Age Limit For Elections : A Boon Or Bane

“Once in every five years, India wakes up to the loud sounds and spicy smells of the biggest...

Preventing Hate Crimes And Profiling The Hate Crime Offenders : Halt The Hate

Crimes are classified in a few different ways. There are the types of crimes which we often see...

Reservations Should Address Economic Vulnerability

Reservation policy fails to achieve its purpose of giving equal opportunity to everyone because of lack of infrastructure in the rural areas...

LEAVE A REPLY

Please enter your comment!
Please enter your name here

- Advertisment -

Most Popular

RAPE AND INDIAN PENAL CODE: A WAY FORWARD FOR A GENDER – JUST SOCIETY

The Indian Penal Code which was drafted by Lord T.B. Macaulay and his law commissioners in 1860 criminalizes rape as a coercive...

REALIZING GENDER JUSTICE IN MARITAL OBLIGATIONS : EVALUATION OF JUDICIAL TREND IN INDIA

Women’s rights within a family can be construed only by conceptualizing the term ‘family’ and the myriad forms...

JUDICIAL TRENDS OF SENTENCING CAPITAL PUNISHMENT IN INDIA : A CROSS-SECTIONAL ANALYSIS

“The gallows is not a machine of death but a symbol, symbol of terror, cruelty and irreverence for...

THE HUMAN RIGHTS AND REFUGEE CRISIS: ANALYZING THE INTERNATIONAL LAW AND POLITICAL FORTITUDE

In the last two years world witnessed the biggest humanitarian and refugee crisis in the history of mankind. The civil war and...

Recent Comments