Ranchi: A delegation of Jharkhand Janadhikar Mahasabha met Panchayati Raj Minister Deepika Pandey Singh and demanded amendments to the Jharkhand Panchayat Raj Act (JPRA) for the full implementation of the PESA Act in the state. The delegation also urged the government to remove shortcomings in the recently framed PESA Rules and submitted a detailed draft along with a memorandum to the minister.
The delegation demanded that elected panchayat representatives, forest officials, police personnel and administrative officers be properly trained regarding the provisions and limitations prescribed under PESA and the Rules. It also sought regular monitoring to ensure compliance with the law.
Representatives of the Mahasabha stated that although the state government’s move to frame PESA Rules was a positive step, several important provisions of the PESA Act were still absent in the Jharkhand Panchayat Raj Act, 2001.
These include provisions related to land acquisition, minor minerals, minor forest produce and land restoration rights. They emphasized that the powers granted to gram panchayats, panchayat samitis and zila parishads in Scheduled Areas should be amended in accordance with PESA to give primacy to Gram Sabhas and traditional self-governance systems.
The delegation argued that, constitutionally, all PESA provisions should first have been incorporated into the state Panchayat law before framing the Rules. Without inclusion of the core PESA provisions in JPRA, the Rules would not receive adequate legal backing, they said.
The delegation also pointed out several flaws in the newly framed PESA Rules. It objected to the provision making the Panchayat Secretary the secretary of the Gram Sabha, despite the fact that the secretary is not a member of the Gram Sabha. The representatives said such provisions could allow administrative and external interference in Gram Sabha functioning in Scheduled Areas.
They further stated that the procedures prescribed for exercising Gram Sabha powers had been made unnecessarily complicated and dependent on the administration. The Rules also fail to clearly define the accountability of the administration, police and forest department toward the rights of Gram Sabhas and traditional governance institutions, they added.
The delegation highlighted growing threats to the cultural identity, community autonomy and natural resources of Adivasis in the state. Issues such as encroachment on private and community lands, construction of religious structures without Gram Sabha consent, establishment of police camps, alleged false cases by the forest department and inadequate protection of indigenous culture and language were raised during the meeting.
The delegation also alleged that villages were being included in municipal or special authority areas without the consent of Gram Sabhas, despite PESA containing provisions to prevent such actions. They said many such safeguards were missing in the Rules.
Minister Deepika Pandey Singh assured the delegation that amendments to JPRA would be considered and positive action would be taken on the suggestions submitted by the Mahasabha. It was also discussed that awareness campaigns were needed to spread information about the PESA Rules among traditional representatives and villagers.
The delegation included Elina Horo, James Herenj, Nandkishore Ganzhu and Tom Kawla.
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