The PESA Act, or the Panchayats (Extension to Scheduled Areas) Act, 1996, has ignited a fresh round of political controversy in Jharkhand. The BJP is now targeting Chief Minister Hemant Soren’s administration, specifically regarding the Act. Former Chief Minister Champai Soren has accused the Hemant Soren government of failing to protect the rights of the tribal community.
Champai Soren has alleged that the government is apathetic towards the tribal community and has no intention of implementing the PESA Act. The PESA Act is aimed at providing greater autonomy and rights to tribal communities in scheduled areas within India. Its intention is to extend the provisions of the Panchayati Raj system to these areas, where a significant portion of the population is tribal. The Act was established following the 73rd Constitutional Amendment, which established Panchayati Raj institutions throughout the country but excluded these areas, intending to empower tribal communities to self-govern through Gram Sabhas, enabling them to manage resources and their affairs.
The goals of the PESA Act include empowering tribal communities to manage their resources, such as forests, land, and water. It also gives Gram Sabhas the power to plan, use resources, and settle local disputes. Furthermore, the Act emphasizes upholding traditional customs and encouraging participation in development plans.
Ten states in India have implemented the PESA Act, including Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana. However, the Act has yet to be enforced in Odisha and Jharkhand, while the other eight states have successfully put it into effect.
The BJP has initiated criticism against the Hemant Soren government concerning the PESA Act. Speaking at the Adivasi Maha Darbar, Champai Soren mentioned that he had reviewed the PESA Act during his tenure and incorporated special provisions to financially strengthen Gram Sabhas, but the current government is not enforcing it. He also added that on August 24, International Tribal Day, he announced agricultural activities in Nagri, Ranchi, challenging the government. Despite attempts to impede his supporters, they successfully farmed the land designated for the RIMS-II project.
Champai Soren appealed to the tribal community to unite in order to protect their traditions, identity, and culture, emulating the actions of their ancestors. He criticized the Hemant Soren government, alleging that the administration doesn’t want to strengthen tribal self-governance but aims to restrict their influence. He highlighted the Daanpatra issue, alleging that it’s being used to usurp tribal land by circumventing laws like the Chota Nagpur and Santhal Pargana Tenancy Acts. He also warned of a significant tribal meeting on December 22 in Bhognadih, Dumka, to devise strategies for reclaiming tribal land acquired through Daanpatra.