The Provisions of the Panchayats (Extension to Scheduled Areas) Act, commonly known as PESA, was enacted in 1996 with the objective of establishing self-governance through gram sabhas for the residents living in Scheduled Areas. Recently, the Jharkhand government released a set of draft rules aimed at the effective implementation of PESA. These rules aim to empower local communities, particularly tribal populations, and recognize their traditional rights over natural resources.
PESA and its Significance in Jharkhand
PESA’s significance in Jharkhand lies in its application to areas identified by the Fifth Schedule of the Constitution. Out of Jharkhand’s 24 districts, 13 fall under the Fifth Schedule, which covers Scheduled Areas. PESA acknowledges the right of tribal communities to govern themselves through their own systems of self-government and grants them control over natural resources within their territories.
Rights and Responsibilities of Gram Sabhas
The draft Jharkhand Panchayat Provisions (Extension to the Scheduled Areas) Rules, 2022, outline the rights and responsibilities of gram sabhas in Scheduled Areas. These include the resolution of traditional and family disputes, hearing certain cases under the Indian Penal Code, and maintaining peace and order in accordance with the principles of the Constitution.
Inclusive Representation in Gram Sabhas
The draft rules mandate the formation of eight standing committees under the gram sabha, including an Education and Social Justice Committee. These committees will have at least 50% women and a minimum of 40% representation from Scheduled Tribe (ST) communities. This provision aims to promote inclusivity and ensure the effective participation of marginalized groups in decision-making processes.
Empowering Education and Social Justice Committee
The Education and Social Justice Committee holds a crucial role in the development of Scheduled Castes, Scheduled Tribes, and other marginalized sections of society, including specially-abled and primitive tribes. The committee’s primary focus is on education and the economic upliftment of these communities, as well as providing protection from social injustices.
Safeguarding Traditions and Customs
The draft rules emphasize the preservation of customs, social practices, and religious traditions of the Scheduled Tribe communities residing in Scheduled Areas. The gram sabha is entrusted with the responsibility of maintaining and protecting these cultural aspects, ensuring their continuity and relevance in the changing times.
Consistency with Social and Traditional Practices
The rules specify that any state government-issued guidelines concerning the rights and responsibilities of Panchayats must align with the social, religious, and traditional management practices of the Scheduled Tribes. This provision ensures that the local governance framework respects and complements the existing social fabric of these communities.
Local Control over Natural Resources
In a significant move towards decentralization, the draft rules authorize the gram sabhas to operate sand ghats or use sand for local needs within their areas. This provision grants greater control over natural resources to the local communities, promoting sustainable and responsible management.
Role in Dispute Resolution
The gram sabhas will play a crucial role in resolving disputes, including those mentioned in Parishisht 1 (Appendix) of the Indian Penal Code, 1860. In cases of serious crimes, the gram sabhas will promptly inform the nearest police station in-charge, ensuring timely and appropriate action.
