The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) was enacted to empower tribal communities in India's Scheduled Areas by granting them self-governance through traditional Gram Sabhas. Jharkhand, with its significant tribal population and rich cultural heritage, has a particularly important stake in the successful implementation of PESA. However, the reality on the ground is that the Act remains largely unimplemented in the state, leaving its tribal communities marginalized and vulnerable.
The Promise of PESA
PESA aims to:
Recognize and empower Gram Sabhas: Gram Sabhas are the cornerstone of PESA, entrusted with decision-making power over land, natural resources, and local governance.
Protect tribal culture and traditions: The Act mandates the preservation of tribal customs, traditions, and customary law.
Ensure sustainable development: PESA promotes planning and management of natural resources based on traditional knowledge and practices.
Prevent land alienation: Gram Sabhas are given the power to regulate and restrict the transfer of land belonging to Scheduled Tribes.
Promote local justice systems: Traditional conflict resolution mechanisms are recognized and integrated into the legal framework.
The Reality in Jharkhand
Despite the promise of PESA, its implementation in Jharkhand has been dismal. Key challenges include:
Lack of political will: Successive governments have shown little commitment to implementing PESA, often viewing it as a threat to their authority.
Bureaucratic hurdles: Complex procedures and lack of awareness among officials hinder the effective implementation of the Act.
Dilution of provisions: The Jharkhand Panchayati Raj Act, 2001, contains provisions that contradict and dilute the powers granted to Gram Sabhas under PESA.
Land alienation and exploitation: Despite PESA's provisions, tribal communities continue to face land alienation and exploitation by powerful interests.
Lack of awareness: Many tribal communities are unaware of their rights under PESA, making them vulnerable to manipulation and exploitation.
Recent Developments and Hope for the Future
In recent years, there has been a renewed push for the implementation of PESA in Jharkhand.
Governor's intervention: In August 2024, Governor Santosh Kumar Gangwar urged Chief Minister Hemant Soren to ensure the implementation of PESA, highlighting its importance for tribal communities.
Regional Conference: The Ministry of Panchayati Raj organized a regional conference in Ranchi in March 2024 to discuss strategies for strengthening PESA implementation.
High Court's directive: The Jharkhand High Court, in November 2024, issued strict instructions to the state government to implement PESA within two months.
These developments offer a glimmer of hope for the future of PESA in Jharkhand. However, sustained efforts are needed from the government, civil society, and tribal communities themselves to ensure that the Act is implemented in its true spirit.