Jharkhand’s PESA Draft Rules

July 27, 2023

The Provisions of the Panchayats (Extension to Scheduled Areas) Act, commonly known as PESA, plays a crucial role in ensuring self-governance and empowerment for tribal communities residing in Scheduled Areas. Recently, the Jharkhand government published draft rules for public consultation to implement PESA in the state.

Understanding PESA and Its Recognition of Tribal Rights

PESA, enacted in 1996, aims to empower tribal communities living in Scheduled Areas through their own systems of self-government. It recognizes their traditional rights over natural resources, providing them with a platform to govern themselves.

Rights and Responsibilities of Gram Sabhas

The draft rules for Jharkhand Panchayat Provisions (Extension to the Scheduled Areas) highlight several rights and responsibilities of gram sabhas, which are essential institutions for local self-governance:

Resolving Disputes: Gram sabhas have the authority to resolve traditional and family disputes within the community, fostering a sense of unity and harmony.
Legal Hearings: The gram sabhas can hear specific cases under the Indian Penal Code (IPC), enabling local justice delivery systems.
Ensuring Peace and Order: Gram sabhas hold fundamental responsibility for maintaining peace and order within their jurisdiction, aligning with the principles of the Constitution.

Mandated Standing Committees for Empowerment

To ensure equitable representation and inclusivity, the draft rules have mandated eight standing committees to operate under the gram sabhas. Among these, the Education and Social Justice Committee will work towards the economic upliftment of Scheduled Castes, Scheduled Tribes, and weaker sections, including specially-abled and primitive tribes.

Gender and Tribal Representation

The draft rules emphasize gender and tribal representation within the gram sabhas. At least 50% of the members in the gram sabhas must be women, promoting women’s participation in decision-making processes. Additionally, a minimum of 40% of the members must belong to Scheduled Tribe (ST) communities, ensuring adequate representation and participation of tribal communities.

Preserving Traditions and Customs

The draft rules recognize the importance of preserving tribal traditions and customs. The gram sabhas are responsible for maintaining customary law, social practices, and religious practices of Scheduled Tribe communities, protecting their cultural heritage.

« Previous Post Next Post »