Why activists oppose Jharkhand’s draft rules for panchayats in Adivasi areas

Nearly three decades after Parliament enacted a law to empower gram sabhas in Adivasi areas, Jharkhand is slowly inching closer to finalising draft rules required to implement the Panchayats (Extension to Scheduled Areas) Act, 1996.

However, the draft rules circulated among civil society groups in December have ignited a debate as many activists have pointed out that they are not based on PESA. Instead, they draw upon a different state law – the Jharkhand Panchayati Raj Act, 2001.

This opens a window for state authorities to override crucial provisions of PESA that are meant to safeguard the land and governance rights of Adivasi communities, the activists say.

For instance, since the Jharkhand Panchayati Raj Act does not extend to municipalities, if passed in their current form, the draft rules will not apply to cities like Ranchi and Jamshedpur, even though they fall in Adivasi-dominated areas. Activists suspect that state authorities could simply declare Adivasi villages to be towns to take them outside the purview of PESA.

Worse, the activists point out that draft rules framed under the Jharkhand Panchayati Raj Act would allow the authorities to acquire tribal land without the protections accorded under PESA.

“Through the draft rules, the state government essentially wants to implement the Jharkhand Panchayati Raj…

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