PESA.1996.JHARKAND PAPER ACT.

PAPER ACTS...1...

PESA in Jharkhand (Panchayats Extension to Scheduled Areas Act)

PESA Act, 1996 applies to Scheduled Areas to protect Adivasi (ST) self-governance through Gram Sabhas. Jharkhand is one of the key PESA states.

📍 Scheduled Areas in Jharkhand

PESA applies mainly to districts like:

Ranchi

Khunti

Gumla

Simdega

West Singhbhum

Saraikela-Kharsawan

Latehar

Palamu (part)

Lohardaga

📜 Jharkhand’s PESA Law

Jharkhand enacted: Jharkhand Panchayat Raj (Extension to Scheduled Areas) Act, 2001

This was meant to operationalise PESA in the state.

🔑 Key Rights Under PESA in Jharkhand

1️⃣ Gram Sabha Powers

Gram Sabha has authority over:

Natural resources (jal, jangal, zameen)

Minor Forest Produce (MFP) ownership

Approval for land acquisition

Approval for rehabilitation & resettlement

Selection of beneficiaries for welfare schemes

2️⃣ Protection of Tribal Land

No transfer of Adivasi land without Gram Sabha consent

Strengthens CNT & SPT Acts in spirit

3️⃣ Control Over Local Institutions

Gram Sabha should control:

Local markets (haats)

Money lending

Social customs & dispute resolution

⚠️ Ground Reality in Jharkhand

Despite the law:

❌ Full PESA Rules not effectively implemented

❌ Gram Sabhas often bypassed in mining & land acquisition

❌ Bureaucracy & police override local decisions

❌ Corporate & mining interests dominate Scheduled Areas

Many activists say PESA exists on paper, not in practice in Jharkhand.

✊ Adivasi & People’s Movements

Strong movements demanding:

Proper PESA Rules

Mandatory Gram Sabha consent

Protection against forced displacement

Respect for Pathalgadi & traditional governance

📌 In Ambedkarite–Adivasi Perspective

PESA aligns with constitutional morality

Strengthens local democracy

Without implementation, it becomes tokenism.