PESA Act Implemented in Jharkhand After 25 Years

After nearly 25 years of statehood, Jharkhand has finally implemented rules under the Panchayat (Extension to Scheduled Areas) Act (PESA). The move promises greater self-governance for tribal communities in Scheduled Areas. However, the new rules have sparked intense debate, with tribal leaders and activists questioning whether the law will truly empower Gram Sabhas or remain symbolic on paper.

Why in News?

Jharkhand has implemented PESA rules after decades of delay. The decision has triggered debate over Gram Sabha powers, customary law and administrative control in tribal areas.

What Is the PESA Act?

• The Panchayat (Extension to Scheduled Areas) Act, enacted in 1996, extends constitutional self-governance provisions to Fifth Schedule areas, which are predominantly tribal.
• PESA aims to empower Gram Sabhas by giving them control over natural resources, local development and social justice.
• It protects customary laws, traditions and cultural identity of tribal communities.
• While most Fifth Schedule states implemented it earlier, Jharkhand delayed enforcement until now, despite long-standing demands from tribal groups.

How Its Is Implemented in Jharkhand?

• The newly notified PESA rules apply fully in 13 out of Jharkhand’s 24 districts, including Ranchi, Khunti, Gumla, Simdega, West and East Singhbhum, Dumka and Pakur.
• Partial implementation has begun in Palamu, Godda and Garhwa. Jharkhand has a tribal population of 26.3%, with more than half living in over 12,000 villages.
• The state is home to 32 tribal communities, including 8 Particularly Vulnerable Tribal Groups (PVTGs), making effective implementation especially crucial.

Key Powers Given to Gram Sabhas

• Under the new rules, the Gram Sabha is declared the supreme institution in Scheduled Areas.
• Its president will be selected according to traditional customs. Gram Sabhas can manage minor minerals, small water bodies and community resources, resolve local disputes and act against social evils.
• They can also impose fines up to ₹2,000. However, the district administration will officially notify Gram Sabha boundaries, raising concerns about bureaucratic oversight over traditional institutions.

Political and Constitutional Debate

• The state government has described PESA implementation as a historic step toward tribal self-rule.
• Chief Minister Hemant Soren has said it will restore tribal control over land, forests and water. However, opposition leaders argue the rules dilute the original spirit of PESA.
• They claim excessive authority has been given to the district administration and Panchayati Raj system, weakening the constitutional supremacy of the Gram Sabha and sidelining customary governance systems like Manki-Munda and Majhi-Pargana.

Concerns of Tribal and Customary Leaders

• Customary leaders and tribal organizations have welcomed PESA but raised serious objections.
• They argue that Gram Sabhas lack authority over District Mineral Foundation funds and the Tribal Sub Plan, despite Jharkhand holding nearly 40% of India’s mineral resources.
• Leaders fear administrative interference will erode customary law and autonomy. Many see the rules as strengthening paperwork rather than real self-governance, demanding amendments to restore original PESA protections.

Land, Forests and Livelihood Realities

• Jharkhand has around 29.5% forest cover and produces minerals worth nearly ₹15,000 crore annually.
• Yet tribal communities remain economically vulnerable. Forest Rights Act data shows many claims remain rejected or pending.
• Health and livelihood indicators remain poor, with high poverty, malnutrition and anaemia among tribal populations.
• Critics argue that without strong Gram Sabha control over resources, PESA may not significantly change ground realities.

PESA Act 1996 Overview

• Full form: Panchayats (Extension to Scheduled Areas) Act, 1996
• Enacted on: 24 December 1996
• Purpose: Enable tribal self-rule in Fifth Schedule areas
• Inspired by: 73rd and 74th Constitutional Amendments

Aim

• Grant greater autonomy to tribal communities
• Protect land and forest rights
• Prevent exploitation of tribal populations
• Ensure active participation of Gram Sabha

Historical Context

• Tribal communities were historically marginalized and excluded from mainstream governance
• Faced displacement, land/resource loss, and cultural erosion
• Demand for greater local autonomy and control over development decisions

Key Provisions of PESA Act

• Gram Sabha: Main forum for tribal participation
• Responsibilities: Identify development projects & Prepare and implement development plans
• Village-level institutions: Establishment of Gram Panchayat, Gram Sabha, Panchayat Samiti to manage development and basic services
• Powers and Functions: Management of natural resources, Protection of environment and Regulation of economic activities
• Consultation: Gram Sabha must be consulted before any development activity or land acquisition
• Funds: Gram Sabha and Gram Panchayat can receive funds for local governance and development
• Land Rights: Protection of tribal land rights & Consent of Gram Sabha required before land transfer/acquisition
• Cultural and Social Practices: Safeguards traditional practices of tribal communities & Interference prohibited

Key Summary at a Glance

Question

Q. The PESA Act applies to which constitutional areas?

A. Sixth Schedule Areas
B. Union Territories
C. Fifth Schedule Areas
D. Municipal Areas