Jharkhand govt diluted core spirit of PESA Act, claims BJP

Ranchi, Jan 4 (PTI) The BJP on Sunday alleged that the JMM-led government in Jharkhand has diluted the core spirit of the PESA Act, 1996, as the exact definition of 'gram sabhas' in the legislation has been "sidelined" in the notified rules.

Leader of Opposition (LoP) Babulal Marandi accused the Hemant Soren government of "tampering" with the core spirit of the PESA Act to "benefit mining mafia and conversion syndicates".

BJP leader Arjun Munda said that the Panchayats (Extension to Scheduled Areas) Act specifies that the self-governing system -- based on customary laws, religious practices, and traditions that have existed since ancient times -- shall be called the 'gram sabha', whereas the PESA rules notified by the Jharkhand government mention only "traditions" while defining 'gram sabhas'.

"Rules are made to implement the Act in order to strengthen and mature the system. But in the notified PESA rules, the exact definition of gram sabhas in the Act has been sidelined like a 'cold-blooded murder'," the former Jharkhand chief minister told reporters here.

He said every rule has its "own definition or preamble that explains in detail what is covered under it".

"But when one reads the newly approved PESA rules, one will find that the points mentioned in the PESA Act, 1996, are missing from the notified rules," he claimed.

There are around 10 states that have Fifth Schedule areas where PESA rules under the provisions of the PESA Act have already been implemented, the BJP leader said.

"In most of these states, the gram sabha has been defined in conformity with the spirit of the Act," the former Union tribal affairs minister said.

However, upon examining the PESA rules in Jharkhand, one finds that the state government has "subtly omitted certain core phrases -- such as customary laws and social and religious practices -- from the provisions related to the gram sabha and village governance", he claimed.

When the "core spirit of the Act is thus diluted, the potential consequences in the future can well be imagined", Munda added.

“I had earlier expressed apprehension over the delay in notifying the PESA rules. After its notification, the government's intention behind framing these rules became clear,” Munda stated.

The newly notified rules now clearly reveal "the state government’s intention to dilute the provisions of the Act and include phrasing that could easily deceive tribals", he claimed.

"The administration will interpret them in its own way, and institutions will view the rules in their own way," the BJP leader said.

If the state government is committed to the core spirit of the Act, it should explicitly incorporate the provisions regarding the gram sabha, as stated in the law, into its rules, the former Union tribal affairs minister said.

Leader of Opposition (LoP) Babulal Marandi also alleged that the way the Hemant Soren government has "tampered with the core spirit of PESA to implement it, clearly shows that all this has been done with an objective to benefit mining mafia and conversion syndicates".

“Let the thief go by stealth, but not by trickery - this proverb fits perfectly in the context of the PESA Act in Jharkhand. Playing with the sentiments of tribals has been the tendency of JMM, Congress, and RJD.

"JMM first compromised the original spirit of the Jharkhand movement by joining hands with Congress, and now, by adding impractical provisions to the PESA law, it has once again hurt the sentiments of the tribal society. From Shibu Soren to Hemant Soren, they have always sacrificed tribal interests for power and political self-interest,” Marandi claimed in a post on X.

If one looks at the provisions of PESA, it is evident that there is an "attempt to interfere with the autonomy of gram sabhas and their rights by forming a team led by the deputy commissioner", he claimed.

"It is also incomprehensible that when the entire district falls under the notified area, why have the rights of the 'gram sabha' been limited only to Grade-1 sand ghats with 5 hectares or less area? Why has the gram sabha been restricted to just granting permission in the operation of Grade-2 sand ghats, and why have full rights not been handed over to them?" he asked.

This law, brought in its current form, is "contrary to the spirit of the original PESA Act of 1996," and the government has drafted it to fulfil its own interests," he alleged.

"The BJP will not tolerate this injustice and trickery done to the tribal society under any circumstances," he said.

The Jharkhand government notified the rules on January 2, and the rules were approved by the cabinet on December 23 last year. PTI RPS RPS ACD RPS BDC