PESA Act Implemented in Jharkhand after 25 Years

Context

Jharkhand notified the Jharkhand PESA Rules, 2025, marking the end of a 25-year delay since the state’s formation. This move extends formal tribal self-governance to the state's Fifth Schedule areas, following persistent judicial pressure from the Jharkhand High Court and long-standing demands from Adivasi organizations.

About the News

What is PESA?

The Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA) is a central legislation that extends the provisions of Part IX of the Constitution (Panchayati Raj) to Fifth Schedule areas. It recognizes the Gram Sabha as the supreme authority for local governance, protecting tribal culture and resources.

Key History of the PESA Act:

Colonial Legacy: Historically, British land and forest laws displaced tribal communities, criminalizing their customary use of ancestral lands.
Bhuria Committee (1994–95): Recommended that tribal regions require a specialized governance model where the Gram Sabha, rather than the bureaucracy, controls resources.
73rd Amendment Gap: While the 1992 amendment introduced Panchayati Raj, Scheduled Areas were initially excluded to protect their unique social fabric, leading to the enactment of PESA in 1996.

Key Features of the Jharkhand PESA Rules

Gram Sabha Primacy: Recognizes one Gram Sabha for each revenue village. The President must be a person recognized by the village according to traditional customs (e.g., Manki-Munda or Majhi-Pargana systems).
Natural Resource Management: Gram Sabhas now hold rights over minor forest produce (MFP), village water bodies, and minor minerals (like sand and stone).
Land Safeguards: Mandatory consultation with the Gram Sabha is required before any land acquisition. The rules aim to prevent and reverse illegal land transfers.
Dispute Resolution: Villages are empowered to resolve local disputes and can impose penalties (up to ₹2,000) for social or minor offences.
Police Accountability: Authorities must inform the Gram Sabha within 48 hours of any arrest made within its jurisdiction.
Financial Autonomy: Gram Sabhas can manage their own funds (Food, Labor, and Cash funds) and have a say in the utilization of the District Mineral Foundation Trust (DMFT) funds.

Successes & Potential Impact

Restoration of Identity: Legally validates traditional governance systems that predate modern administration.
Economic Empowerment: Shifting MFP ownership from the Forest Department to the community turns gatherers into stakeholders.
Democratic Inclusion: The rules mandate the presence of one man and one woman per household to complete a quorum, ensuring gender-inclusive decision-making.
Resource Sovereignty: Successful models (like those in Gadchiroli) show that community-led sand or bamboo management can generate significant revenue for local schools and healthcare.

Challenges in Implementation

Bureaucratic Oversight: Critics argue the rules still give excessive power to the District Deputy Commissioner regarding the notification of village boundaries.
"Loop of Ambiguities": Legal experts point out that while the Gram Sabha is "supreme," final arbitration in many disputes remains with the district administration.
Exclusion from Major Projects: The rules focus heavily on minor minerals and forest produce, often leaving Gram Sabhas sidelined in major mining or industrial projects.
Fragmented Governance: There is a lack of harmony between PESA and the Forest Rights Act (FRA), 2006, leading to overlapping jurisdictions and confusion.

Way Forward

Legal Convergence: Synchronize PESA rules with the FRA and the Samata Judgment to ensure community consent is non-negotiable for all extraction activities.
Capacity Building: Provide Gram Sabhas with independent secretariats and technical training to manage budgets and developmental planning.
Strengthening the TAC: The Tribes Advisory Council (TAC) should play a more active role in monitoring implementation rather than leaving it to the state bureaucracy.
Judicial Redressal: Establish specialized grievance bodies in Scheduled Areas to handle PESA violations without the delays of mainstream courts.

Conclusion

PESA is more than a law; it is a constitutional promise of "Self-Rule" (Gram Swaraj) for India’s tribal heartland. Jharkhand’s notification is a historic step, but its success depends on whether the Gram Sabha acts as a genuine legislative body or merely a procedural formality. Real empowerment will require shifting power from the "Dikus" (outsiders/bureaucracy) back to the community.

PESA Act Implemented in Jharkhand after 25 Years