High Court Strict Over Non-Implementation of PESA Act, Seeks Affidavit from Government
Ranchi: A division bench of Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar on Thursday heard a contempt petition filed against the non-implementation of the PESA Act. The court has asked the state government to clarify by when the PESA Act rules will be finalized and implemented. The High Court directed that the complete information must be submitted through an affidavit. The next hearing in the case is scheduled for December 17.
During the hearing, the state government requested the court to lift the stay imposed on the allocation of sand and minor minerals. However, the court refused and decided to continue the stay. The contempt petition was filed by the Adivasi Budhijeevi Manch.
The government informed the court that the Panchayati Raj Department has already prepared the draft of the PESA rules. The draft was earlier sent to the Cabinet Coordination Committee. After objections were raised, necessary amendments were made and the draft has now been sent back to the Draft Committee. From there, it will be placed before the Cabinet.
The High Court had earlier, on July 29, 2024, ordered the state government to notify the PESA rules within two months while hearing a Public Interest Litigation. The court had directed that the rules be framed and implemented in accordance with the spirit of the 73rd Constitutional Amendment and the PESA Act. However, the rules have still not been notified.
Notably, the Panchayats (Extension to Scheduled Areas) Act, 1996 — widely known as the PESA Act — was enacted by the Central Government to safeguard the rights and interests of tribal communities living in Scheduled Areas. Although the Jharkhand Government drafted the PESA rules in 2019 and again in 2023, they were never implemented, leading to the filing of the present contempt petition.
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