Has the Jharkhand Cabinet Cleared PESA Rules for Tribal Self-Governance?
Synopsis
Key Takeaways
Ranchi, Dec 23 (NationPress) The journey towards reinstating traditional self-governance in the scheduled regions of Jharkhand has taken a significant leap forward. On Tuesday, the state cabinet endorsed the regulations necessary for the execution of the Panchayat Extension to Scheduled Areas (PESA) Act of 1996.
This pivotal decision, made during a cabinet assembly led by Chief Minister Hemant Soren, marks the conclusion of a prolonged delay in activating this central law within the state.
The ratification of these rules now allows for the effective application of the PESA Act, which has been stalled in Jharkhand for numerous years.
After the cabinet session, Chief Minister Soren stated that the regulations were developed following comprehensive consultations and inter-departmental dialogues.
“We have crafted the rules for the PESA law after consulting various levels and gathering input from multiple departments. Today, the cabinet has dedicated these efforts to the people of Jharkhand. We anticipate that this law will significantly benefit those residing in the scheduled areas,” Soren remarked.
Cabinet Secretary Vandana Dadel mentioned that the newly established rules considerably enhance the responsibilities and powers of Gram Sabhas, ensuring that tribal communities can actively participate in governance and manage local resources effectively.
According to the rules, Gram Sabhas will now possess the power to oversee and approve mining operations within their territory and will have a critical role in matters concerning land acquisition. They are also granted legal rights regarding the conservation, use, and management of forest land.
These provisions are expected to reinforce local communities' control over their traditional systems, cultural heritage, and natural resources.
The government clarified that the law will take effect immediately after the PESA regulations are officially notified. Gram Sabhas will be prioritized in the design and execution of development initiatives, while traditional Gram Sabhas have been acknowledged and permitted to formally recognize their customs and practices.
The PESA Act will be put into action in 15 scheduled districts of Jharkhand, where there has been a longstanding demand for its enforcement. The cabinet's decision is perceived as a crucial advancement towards tribal self-governance and democratic decentralization in the state.
Earlier in September, the Jharkhand High Court had put a hold on the allocation of leases for sand quarries and other minor minerals, citing the failure to implement the PESA Act.
On Tuesday, the matter was also addressed by the High Court, during which the state government informed the court that the draft PESA rules were being presented before the cabinet on the same day.