Why are tribals yearning for their rights even after 28 years? The High Court asked the government what has been done till now?’:

News India Live, Digital Desk: In Jharkhand, which is considered a symbol of tribal identity and the fight for water-forest-land, even today the tribals are not getting the full benefit of their biggest legal right. This right is ‘PESA Act’, which has been in place for 28 years, but till date it has not been fully implemented in Jharkhand.

Seeing the seriousness of this matter, Jharkhand High Court has strongly reprimanded the Hemant Soren government of the state and asked why there is so much delay in making rules under the PESA Act?

What is PESA law and why is it so important?

PESA i.e. ‘Panchayat Provisions (Extension to Scheduled Areas) Act, 1996’. This is a historic law that makes Gram Sabhas extremely powerful in tribal dominated areas (Fifth Schedule areas). Under this law:

• Village rights on water, forest and land: The Gram Sabha has the first right over the natural resources of the village, such as forests, land and water.
• The village will decide on development: Before carrying out any development work in the village, such as building a mine, factory or road, it is mandatory to obtain the approval of the Gram Sabha.
• Our culture, our governance: Tribal people get the right to govern their villages according to their tradition and culture.

This law protects the tribals from external exploitation and makes them self-reliant.

Why did the High Court reprimand the government?

A PIL was filed in the Jharkhand High Court, in which it was said that till date rules have not been made to implement the PESA law in the state. Without rules, this law has become just a piece of paper, from which the tribals are not getting any benefit.

The bench of Chief Justice Sanjay Kumar Mishra, while hearing this case, expressed deep displeasure over the attitude of the state government. The court has ordered the government to submit a detailed report (status report) within four weeks and state:

1. What steps have been taken so far to make rules under the PESA Act?
2. At what stage is this process now?
3. How much more time will it take to implement it completely?

Why is there so much delay?

Lack of political will and bureaucratic apathy are considered to be the biggest reasons behind the delay in implementing the PESA law. Experts believe that if this law is fully implemented, it will not be easy for big players in mining and industry to acquire land in tribal areas and exploit natural resources. Perhaps this is the reason why any government has avoided taking serious steps on this issue.

Now, after this strict stance of the High Court, there is a hope that perhaps the tribals of Jharkhand will be able to get their rights given to them by the Constitution after a long wait of 28 years.