Jharkhand Cabinet clears PESA rules, paving way for tribal self-governance in scheduled areas
Ranchi, Dec 23
The path for restoring traditional self-governance in Jharkhand’s scheduled areas has been cleared. The state cabinet on Tuesday approved the rules for the implementation of the Panchayat Extension to Scheduled Areas (PESA) Act, 1996.
The decision was taken at a cabinet meeting chaired by Chief Minister Hemant Soren, ending a long delay in operationalising the central law in the state.
With the approval of the rules, the effective implementation of the PESA Act -- pending in Jharkhand for several years -- can now move forward.
Speaking after the cabinet meeting, Chief Minister Hemant Soren said the rules were framed after extensive consultations and inter-departmental discussions.
“We have formulated the rules for the PESA law after consultations at several levels and after seeking opinions from various departments. Today, the cabinet has dedicated it to the people of Jharkhand. We hope this law will greatly benefit the people living in the scheduled areas,” Soren said.
Cabinet Secretary Vandana Dadel said the new rules significantly expand the role and powers of Gram Sabhas, aiming to ensure meaningful participation of tribal communities in governance and the conservation of local resources.
Under the rules, Gram Sabhas will have the authority to monitor and grant consent for mining activities within their jurisdiction and will play a decisive role in land acquisition matters. They have also been vested with legal rights in decisions related to the conservation, use, and management of forest land.
These provisions are expected to strengthen the control of local communities over their traditional systems, cultural practices, and natural resources.
The government clarified that the law will come into force immediately after the PESA rules are formally notified. Gram Sabhas will be given priority in the formulation and implementation of development schemes, while traditional Gram Sabhas have been recognised and allowed to formally notify their customs and practices.
The PESA Act will be implemented in 15 scheduled districts of Jharkhand, where there has been a long-standing demand for its enforcement. The cabinet’s decision is being seen as a significant step towards tribal self-governance and democratic decentralisation in the state.
The Jharkhand High Court, in September this year, had stayed the allocation of leases for sand quarries and other minor minerals, citing the non-implementation of the PESA Act.
The matter was also heard by the High Court on Tuesday, during which the state government informed the court that the draft PESA rules were being placed before the cabinet the same day.
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— IANS
Reader Comments
Finally! The PESA Act has been hanging fire for years. It's good to see the cabinet act, especially after the High Court's nudge. The power to monitor mining is crucial. Hope this stops the exploitation of tribal areas by outside companies. Implementation will be the real test now.
A welcome move, but let's be cautiously optimistic. Framing rules is one thing, ensuring they are followed on the ground is another. There needs to be a strong mechanism to support these Gram Sabhas with administrative and legal knowledge so their authority isn't just on paper.
As someone who has worked with tribal communities, this is fantastic news. Recognizing traditional governance systems and linking them to formal legal rights is a model other states with scheduled areas should follow. Empowering local communities is key to sustainable development.
Good decision by CM Soren. This will help protect the jal, jungle, zameen (water, forest, land) of our tribal brothers and sisters. The real challenge will be to ensure that the local bureaucracy respects the Gram Sabha's authority and doesn't find loopholes.
About time! The delay was causing so much injustice. Now, hopefully, the benefits of development will actually reach the people instead of being siphoned off. The focus on conservation of forest land is especially important for our environment.
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