Jharkhand Govt diluted PESA Act’s core spirit in new rules, says Arjun Munda
BJP leader Arjun Munda on Sunday alleged that the Jharkhand Government has diluted the core spirit of the PESA Act, 1996, in the notified PESA rules. He 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. 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, 1996, have already been implemented. 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.
