Demands made to Implement PESA in Jharkhand!

Yesterday on 29th August 2024, the High Court Ranchi heard the PIL case numbers 49/2021, 1589/2021 and 4456/2021 on PESA Act-1996. In which Mr. Robert Minj (in person) argued on behalf of case 49/2021 and Mr. Ajit Kumar (senior advocate) on behalf of 1589. Mr. Robert Minj started the argument and presented a written statement on the hearings going on for the last three years. And requested the Hon'ble Court to order the Jharkhand Government to complete the making of rules on PESA Act within a "time-frame". The Honorable Court accepted this and ordered the Jharkhand Government to prepare the rules within "two months".

 The lawyer of case number 4456/21 said that his client SK Murmu and others agree with the rules made by the Jharkhand government based on the “Jharkhand Panchayat Raj Act -2001” and hence they are withdrawing their case.

It is noteworthy that the organization of the petitioners of 4456/2021 had started the Pathalgadi movement in Khunti in 2016; in which they advocated self-governance according to tribal customs and traditions. There was a lot of upheaval at that time. Many villagers of Khunti district went to jail in this movement and many are still in jail today. But today they have taken a complete U-turn from their ideology and expressed their faith in the general area law “Jharkhand Panchayat Raj Act-2001”. On which the court was also surprised that these petitioners have accepted JPRA-01!

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*FAQs on PESA Act 1996 :


1. What is PESA Act-1996?

This law is a system for the scheduled areas to actually realize the concept of Abua Disom Re Abua Raij (self-governance). That is, one's own administration in one's own village.


2. What is Scheduled Area? 

Scheduled Areas are constitutionally protected areas, where the laws of other general areas of India are not necessarily applicable.

The Governor has the prerogative to apply or not apply the laws of the Central or State Government in the Scheduled Areas, or apply them with exceptions and modifications. The Tribes Advisory Council advises the Governor in matters related to the laws of the Scheduled Areas and for the clean administration of the Scheduled Areas.


3. What is the basis of PESA law? 

PESA Act is an extension of Article 13(3)a of the Constitution, through which the customary law of the tribals has been given legal recognition. If Article 13(3)a of the Constitution and Sections 4 and 4(a) of the PESA Act are read together, it will be clear that the basis of PESA Act is Article 13(3)a.


4. What is the objective of PESA Act? 

Large scale land acquisition and displacement caused by various big development projects in the country have endangered the very existence of the tribal communities living in the scheduled areas. PESA law is a perfect solution to deal with such situations and with new concepts and paradigms of development and social justice and gives the tribal communities the right to decide the pace and priorities of their development through their traditional system in all circumstances.

5. What are some of the main provisions of PESA Act 1996? 

1. According to the PESA Act, there will be a “Gram Sabha” for every village. All the people of the village whose names are included in the voter list will be members of this Gram Sabha. [Section-4(c)].

2. The Gram Sabha shall approve every plan, program and project of the village for the economic and social development of the village. [Section-4e(i)]. 

3. Before legally acquiring land for any scheme in the Scheduled Areas and before removing or rehabilitating people affected by such scheme, it shall be mandatory to obtain permission from the concerned Gram Sabha. [Section-4(i)]

4. In the scheduled areas, the recommendation of the Gram Sabha will be mandatory for granting permission to survey minerals like soil, stone, sand or for their excavation and auction. [Section-4(k)].

5. Ownership rights on minor forest produce like Mahua, lac, leaves, chironji, herbs etc. 

[Section-4m(ii)].

6. Power to prevent wrongful occupation of land belonging to persons residing in the Scheduled Areas and to restore land unlawfully lost to members of the Scheduled Tribes. [Section 4m(iii)]

7. Power to manage all types of markets in the village. [Section-4m(iv)]

8. Power to control funds for local and all other schemes including tribal sub-plan. [Section-4m(vi)]


*Some other provisions:*

1. Gram Sabha will preserve indigenous traditions, beliefs and culture

2. Gram Sabha to resolve local disputes


*At the end* 

PESA Act is the backbone of all tribal laws.

The PESA Act provides autonomy to traditional gram sabhas and recognizes their traditional system of decision making.

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source: https://newsboxbharat.com/monsoon-session-of-jharkhand-assembly-supplementary-budget-to-be-presented-today-opposition-will-demand-answer-on-governments-tenure/


So let's make a fresh start: 

*Please let us all know about PESA law! Let us unite! And fight together!*


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