In 1996, the Parliament enacted the Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), through which the provisions of Part IX of the Constitution—Panchayati Raj—were extended to Fifth Schedule Areas with specific conditions.
The core objective of PESA is that although the three-tier Panchayati Raj system will apply in Scheduled Areas, its foundation will rest on Adivasi–Moolvasi community life, autonomy, and traditional self-governance. The Gram Sabha will be autonomous and supreme—meaning elections for Panchayats will take place, but the real authority will lie with the Gram Sabha and traditional governance structures, not merely with elected Panchayat representatives.
According to the Constitution, Panchayats and local self-governance fall under the State List. Therefore, to implement PESA on the ground, it was necessary for the State Legislature to either enact a new Panchayat law or amend the existing one in accordance with PESA.
In 2001, the Jharkhand Government introduced the Jharkhand Panchayati Raj Act (JPRA). Although JPRA claims to be PESA-compliant, it excludes most of PESA’s critical provisions. Neither the public nor administrative officials and police personnel possess adequate knowledge of PESA. Consequently, even after its enactment, violations of Adivasi–Moolvasi communities’ rights, autonomy, and cultural identity—as well as their control over water, forests and land—continue in Scheduled Areas.
What is PESA?
Under PESA, the definition of a ‘village’ is not determined by administrative boundaries but by the socio-cultural understanding of the local community. One or more hamlets whose residents consider themselves a single community with shared lifestyles and traditions can together constitute a village. Each such village will have its own Gram Sabha.
PESA grants extensive powers to the Gram Sabha. It authorizes the Gram Sabha to safeguard community traditions, cultural identity, communal resources, and traditional systems of dispute resolution. PESA also fully recognizes the community’s traditional systems of managing natural resources.
Major Powers of the Gram Sabha Under PESA
1. Selection and approval of all development plans and beneficiaries.
2. Mandatory consent of the Gram Sabha prior to land acquisition and rehabilitation.
3. Control over minor minerals (such as sand, stone, etc.).
4. Power to regulate or prohibit alcohol.
5. Ownership rights over minor forest produce such as mahua, tamarind, bamboo, etc.
6. Authority to ensure restoration of illegally taken land.
7. Management of local markets.
8. Oversight and regulation of credit provided to Adivasis.
9. Monitoring government and non-government agencies and personnel working in social sectors.
10. Control over local development plans, Tribal Sub-Plan funds, and government resources.
Additionally, all works and expenditures undertaken by the Gram Panchayat, Panchayat Samiti, and Zila Parishad must be presented before the Gram Sabha, and they must obtain a completion certificate from it. Under no circumstances can the administration, police, government departments, or any local institution violate or interfere with the authority of the Gram Sabha.
How Will PESA Be Implemented?
Since PESA extends Panchayat and self-governance systems to Scheduled Areas, drafting appropriate laws and rules is the responsibility of the State Government. To fully implement PESA, the State Government must undertake two essential tasks:
1. Amend JPRA to incorporate all provisions of PESA.
2. Formulate rules under JPRA that are fully compliant with PESA.
It is important to note that the JMM and Congress had promised during the Assembly elections to fully implement PESA. Although discussions on drafting PESA rules and amending JPRA are underway, unless Adivasi–Moolvasi communities assert their rights through collective struggle, there will be no real pressure on the government to implement PESA in its entirety.
Appeal of the Jharkhand Janadhikar Mahasabha
The Mahasabha appeals to all Gram Pradhans and villagers to:
Hold Gram Sabha meetings regularly.
Discuss PESA rights in every meeting.
Organize public pressure programmes such as protests, mass meetings, and rallies.
Write letters to the local MLA, Chief Minister, and Governor, raising the following demands:
1. All powers of the Gram Sabha under PESA must be implemented immediately.
2. JPRA must be amended, and rules aligned with PESA should be formulated without delay.
3. Administration and police must be sensitized about PESA, and it must be ensured that they do not violate Gram Sabha authority.
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