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News India Live, Digital Desk: The Jharkhand High Court has once again expressed deep displeasure at the Hemant Soren government over the years-long delay in implementing the PESA law, which gives the tribal communities of Jharkhand their real rights over water, forests and land. Taking strict action on the lax attitude of the government, the court has directed to file a detailed status report within three weeks. In this report, the government will have to clearly explain what concrete steps have been taken so far to implement this important law at the ground level.
This direction was given by the division bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar during the hearing on a contempt petition filed by ‘Adivasi Buddhijivi Manch’. In fact, on 29 July 2024 this year, the High Court had given a clear order to the government to implement the PESA rules within two months. But, the government failed to adhere to the deadline following which this contempt petition was filed.Lifeline for?
PESA i.e. ‘Panchayat Provisions (Extension to Scheduled Areas) Act, 1996’, is a landmark law passed by the Parliament, the main objective of which is to empower the traditional Gram Sabhas in tribal dominated areas (Fifth Schedule areas). This law strengthens the traditional self-governance system of tribals and gives them the right to control their natural resources. Under this, it is mandatory to take the consent of the Gram Sabha before acquiring land, allotting mines or starting any development project in any village. For a state like Jharkhand, where a large population of tribals reside, this law is like a shield to protect their culture, identity and livelihood.
The law has been confined only in files for years
It is extremely worrying that even after almost three decades of the law being made by the Centre, and 24 years after the formation of the state of Jharkhand, PESA has not been implemented in its true spirit. On behalf of the government, the court was told that the draft of the rules was sent to the Cabinet Coordination Committee, which pointed out some errors and sent it back to the Panchayati Raj Department for correction. The department will now improve it and send it to the committee again.
Hope raised by the strictness of the High Court
Expressing deep displeasure over this sluggish attitude of the government, the court said that this matter cannot be postponed indefinitely. The High Court has also made it clear that until the PESA rules are implemented, the ban on mining allocation of sand and other minor minerals will continue in the state. This strictness of the Court has once again raised the hope that perhaps now the tribal communities of Jharkhand will be able to get the constitutional right for which they have been waiting for generations.
