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Key Points

The Jharkhand High Court has dramatically halted all minor minerals auctions in the state, citing the government's persistent failure to implement PESA law. The court's strong remarks suggest potential legal consequences for government officials if they continue to delay tribal rights protections. A division bench led by Chief Justice Tarlok Singh Chauhan expressed serious concerns about undermining constitutional provisions. The ruling emphasizes the importance of empowering local tribal bodies in resource management.

Key Points: Jharkhand HC Halts Minerals Auction Challenging State's PESA Law Delay

  • HC orders complete stay on minor minerals auction
  • State government criticized for delaying PESA Act implementation
  • Constitutional mandate for tribal area rights undermined
  • Gram sabhas' powers potentially compromised by government actions
2 min read

'Should we send CM, Ministers to jail?': Jharkhand HC stays minor minerals auction till PESA law enforced

Jharkhand High Court stays minor minerals auction, warns government over delayed PESA law implementation and tribal rights protection

"Do you want us to send the Chief Minister and ministers to jail? - Jharkhand High Court Division Bench"

Ranchi, Sep 9

The Jharkhand High Court on Tuesday ordered a complete stay on the auction of all minor minerals, including sand ghats in the state.

The Court also came down heavily on the state government for delaying the implementation of the Panchayat (Extension to Scheduled Areas) Act (PESA) and said that until the law is enforced, the stay on auction will remain.

A division bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar was hearing a contempt petition filed by the Adivasi Intellectual Forum over the government's failure to frame and notify PESA rules despite a July 2024 order.

During the hearing, Manoj Kumar, Principal Secretary, Panchayati Raj Department, appeared before the court.

Dissatisfied with his explanations, the bench, in a stern tone, asked: "Do you want us to send the Chief Minister and ministers to jail? Is this your suggestion?"

The court observed that the state government was undermining the spirit of the 73rd Constitutional Amendment, which empowers local bodies in tribal areas to control land and natural resources. It was remarked that the government had been procrastinating, thereby weakening the constitutional mandate.

The state informed the bench that a draft of the PESA rules had been prepared and objections and suggestions had been sought. The next step, it said, was to secure the cabinet and the Chief Minister's approval.

The bench, however, expressed "deep displeasure" at this reply, calling it a clear attempt to delay.

Senior advocate Ajit Kumar, appearing for the petitioner, argued that the government was deliberately stalling while simultaneously moving ahead with long-term auctions and leases of sand ghats and minor mineral mines.

"By the time the rules are framed, nothing will remain for the gram sabhas," he submitted.

The High Court, in July 2024, had directed the government to notify PESA rules within two months. It had been said that they must align with the objectives of the 73rd Amendment and the provisions of the PESA Act. However, with no compliance to date, the Forum moved a contempt petition.

Earlier, on August 5, the same bench had questioned the government over the non-implementation of PESA despite court orders and directed it to file a detailed affidavit.

After Tuesday's order, all auctions of minor minerals in Jharkhand stand barred until further notice.

- IANS

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Reader Comments

P
Priya S
The government's delay is shameful. They had two months to implement PESA rules but chose to ignore court orders. Maybe threatening jail for ministers is what it takes to get them to work!
A
Amit K
While I support PESA implementation, the complete stay on mineral auctions might affect construction projects and livelihoods. The court should have given a stricter deadline instead of complete halt.
S
Sarah B
This is a landmark judgment protecting tribal rights. The 73rd Amendment was meant to empower local communities, not let governments bypass them for commercial interests. Well done HC!
M
Michael C
Interesting to see Indian courts taking such strong positions. The "send ministers to jail" comment shows judicial frustration with political拖延 tactics. Hope this sets a precedent for other states too.
N
Neha E
As someone from Jharkhand, I've seen how sand mining has destroyed our rivers and forests. Gram sabhas must have control over these resources. Government only cares about contractors, not people. 😠

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