Hemant Government Has Undermined the Spirit of the PESA Act: Arjun Munda
Ranchi | Former Jharkhand Chief Minister and former Union Minister launched a sharp attack on the state government over the recently notified PESA Rules. Addressing a press conference at the BJP state office, he alleged that the Hemant Soren-led government has diluted the very essence of the Panchayats (Extension to Scheduled Areas) Act, 1996.
Arjun Munda said the demand for implementation of PESA Rules in Jharkhand had been pending for a long time, and several people even approached the courts, compelling the government to act. After prolonged deliberations, the Cabinet-approved rules finally surfaced, but they are neither sound nor in line with the spirit of the Act, he asserted.
He said self-governance of the tribal community is rooted in its age-old traditional and customary systems, but the notified rules strike at the heart of this legacy. While the PESA Act, 1996 mandates states to frame rules for better implementation, no state government has the authority to tamper with the Act’s core intent, he added.
Munda alleged that the Jharkhand government has attempted a “cold-blooded murder” of the Act’s fundamental provisions. He pointed out that every rule must clearly define its key concepts in the preamble, which sets the direction for its implementation. However, the notified PESA Rules in Jharkhand fail to provide a clear definition of the Gram Sabha as envisaged under the 1996 Act.
According to him, while the preamble mentions tradition, it does not define it. The PESA Act defines the Gram Sabha on the basis of customary law, religious practices and traditions that have existed since time immemorial. This definition, he said, has been concealed or altered in the Jharkhand rules. In contrast, the other nine states where PESA is implemented have defined the Gram Sabha strictly in accordance with the Act.
He warned that once the core spirit is diluted, the consequences will be adverse. The notified rules, he said, expose the state government’s intent and amount to a major betrayal of the tribal community. He added that the administration and institutions would interpret and implement the rules at their discretion, leading to institutional decay.
Munda remarked that although the rules may appear voluminous in terms of pages, they are empty in spirit and are likely to create serious challenges in the future. Despite being framed after a long delay, the rules are flawed and deviate from the original intent of the PESA Act.
Accusing the government of attempting to alter the character and identity of the tribal society, he said that just as an individual’s identity is linked to their family, the tribal community’s identity is rooted in its traditional systems. In a Fifth Schedule state, the government must act with sensitivity, but such sensitivity is lacking in Jharkhand, he alleged, calling the government insensitive towards tribal interests.
The press conference was also attended by BJP State General Secretary and MP Dr Pradeep Verma, Media In-charge Shiv Pujan Pathak, Co-Media In-charge Ashok Badaik, spokesperson Rafia Naz, and other party leaders.
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