Facing criticism over poor implantation of the Panchayats (Extension to Scheduled Areas) Act (PESA), the government has suggested amendments to the law and has asked all the nine PESA states for their opinion.

Panchayati Raj secretary ANP Sinha wrote a letter to the chief secretaries of the nine PESA, inviting their views within two weeks.

The move comes against the backdrop of the rise in Maoist insurgency. Senior congress leader and former panchayati raj minster Mani Shankar Aiyar on Wednesday linked growth of insurgency to the lack of proper implementation of the law for the scheduled areas.

It was in 1996 that parliament passed the PESA, which provides for enacting panchayat raj laws for 'Fifth Schedule' areas – tribal areas in Andhra Pradesh, Jharkhand, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Chhattisgarh, Orissa and Rajasthan.

The panchayati raj secretary's letter refers to the following deficiencies:

“States have generally not framed rules under PESA. As a result the modalities for implementing the act have not been delineated clearly. Response to adoption of the draft model PESA Rules has been inadequate.

“State and central subject laws relating to mines and minerals, forests, excise, land acquisition etc are not PESA compliant. In spite of the effort by the MoPR requisite action has not been taken.

“Formulations of some sections of the PESA have been interpreted against the spirit of the Act.”

The letter further says, “For ensuring proper implementation of PESA, the above mentioned deficiencies have to be removed through amendments in the PESA. You are requested to kindly furnish views of your government on the same.”

At a conference on 'The Dynamics of Rural Transformation’ in the capital on Wednesday Aiyar had come down heavily on the governments poor track record in implementing PESA.

"Unfortunately, tragically, even in view of the needless death of so many brave young personnel of our security forces, the consistent failure of the state governments concerned and the total lack of conscientiousness on the part of the Centre in urging the states concerned to conscientiously implement, in letter and spirit, the provisions of PESA have contributed to the aggravation of the situation in forest areas. This has facilitated the mushrooming of insurgency directed against the State in the heart of India," PTI quoted as Aiyar saying.

The government has been under fire from its own rank over the ways to deal with the Maoists. Aiyar closing ranks with fellow senior Congress leader Digvijay Singh, blasted the government over its policies in handling the problem.