Implementation of PESA Law in Jharkhand After 25 Years – Historic Revival of Tribal Self-Governance

• The Jharkhand government has officially notified the Jharkhand PESA Rules, 2025.
• With this, a 25-year long wait since the formation of the state has finally ended.
• This step was taken following continuous judicial pressure from the Jharkhand High Court and long-standing demands of tribal organizations.
• The decision formally grants legal recognition to tribal self-governance in Fifth Schedule areas, giving real powers to Gram Sabhas.

What is the PESA Act (Panchayats (Extension to Scheduled Areas) Act, 1996) ?

PESA is a Central law that extends the provisions of Part IX of the Constitution (Panchayati Raj) to Scheduled Tribal Areas.

Core objectives of PESA:

• Make the Gram Sabha the supreme authority in local governance.
• Protect tribal culture, traditions, land, and natural resources.
• Ensure mandatory community consent in development decisions.

States where PESA is implemented:

• Andhra Pradesh
  
• Telangana
  
• Himachal Pradesh
  
• Rajasthan
  
• Maharashtra
  
• Gujarat
  
• Madhya Pradesh
  
• Chhattisgarh
  
• Jharkhand
  
• Odisha

Historical Background of PESA

1. Colonial Legacy

• During British rule, land and forest laws alienated tribal communities from their traditional lands and resources.
• Their age-old lifestyles were often declared illegal.

2. Bhuria Committee (1994–95)

• Recommended a separate governance model for tribal areas.
• Emphasized that Gram Sabhas, not bureaucracy, should control local resources.

3. 73rd Constitutional Amendment

• Introduced Panchayati Raj in 1992, but tribal areas were initially excluded due to their distinct social structure.
• To bridge this gap, the PESA Act was enacted in 1996.

Key Features of Jharkhand PESA Rules, 2025

1. Gram Sabha as the Highest Authority

• Each revenue village will have its own Gram Sabha.
• The chairperson will be recognized as per traditional systems (such as Manki–Munda or Majhi–Pargana).

2. Rights over Natural Resources

Gram Sabhas will have control over:

• Minor forest produce (tendu leaves, mahua, lac, etc.)
• Village water sources
• Minor minerals (sand, stone)

3. Land Protection

• Mandatory consultation with Gram Sabha before any land acquisition.
• Gram Sabha empowered to prevent and reverse illegal land transfers.

4. Dispute Resolution

• Minor disputes can be settled at the village level.
• Fines up to ₹2,000 can be imposed for minor social offences.

5. Police Accountability

• Any arrest must be reported to the Gram Sabha within 48 hours.

6. Financial Autonomy

• Gram Sabha will manage its own funds (food, labour, cash).
•  Participation of Gram Sabha ensured in the utilization of DMFT (District Mineral Foundation Trust) funds.

Expected Benefits and Impact

• Restoration of Identity and Traditions: Traditional tribal governance systems gain legal recognition.
• Economic Empowerment: Community control over forest produce boosts income and local employment.
• Democratic Inclusion: Mandatory participation of one man and one woman from each family strengthens women’s representation.
• Resource Sovereignty: Models like Gadchiroli show that community-led resource management can generate substantial revenue for education, health, and development.

Implementation Challenges

• Administrative Dominance: District administration holds significant power in defining village boundaries.
• Legal Ambiguity: In several cases, final authority still lies with district officials.
• Limited Role in Mega Projects: Gram Sabha influence may remain weak in large mining and industrial projects.
• Lack of Legal Harmonization: Clear coordination between PESA and the Forest Rights Act (FRA) is still missing.

Way Forward

• Legal Convergence: Align PESA with FRA and the Supreme Court’s Samata judgment.
• Capacity Building: Provide financial and technical training to Gram Sabhas.
• Strengthen TAC: Enhance the monitoring role of the Tribal Advisory Council.
• Fast-track Justice: Establish special grievance redress mechanisms in Scheduled Areas.

Tribal Advisory Council (TAC)

• A constitutional advisory body established under the Fifth Schedule of the Indian Constitution.
• Advises the Governor on matters related to the welfare and advancement of Scheduled Tribes (STs).
• Ensures tribal interests and perspectives are incorporated into policy-making.
• Consists of up to 20 members, of which three-fourths are ST legislators.
• Exists in all states having Scheduled Areas and in some other states as well.