The Provisions of the Panchayats (Extension to Scheduled Areas) Act, commonly known as PESA, was enacted in 1996 to empower tribal communities in Scheduled Areas with self-governance through gram sabhas. In line with this vision, the Jharkhand government recently released draft rules aimed at effective implementation. These rules are designed to recognize and protect the traditional rights of tribal communities, promote gender equality, and foster social justice.
Scheduled Areas and PESA
Scheduled Areas in Jharkhand are regions identified by the Fifth Schedule of the Constitution. Out of the 24 districts in the state, 13 fall under the Fifth Schedule. PESA recognizes the right of tribal communities residing in these Scheduled Areas to govern themselves through their own systems of self-government and acknowledges their traditional rights over natural resources.
Empowering Gram Sabhas
The draft rules outline various rights and responsibilities of gram sabhas in the Scheduled Areas:
- Resolving Disputes: Gram sabhas will have the authority to resolve traditional and family disputes, bringing conflict resolution closer to the community level.
- Adjudicating Cases: Under the draft rules, gram sabhas will have the power to hear certain cases under the Indian Penal Code, 1860. This approach aims to bring justice closer to the people and foster a sense of accountability within the community.
- Peace and Order: Gram sabhas will hold the fundamental responsibility of maintaining peace and order in accordance with the principles of the Constitution, ensuring a secure environment for the residents.
Promoting Gender Equality and Social Justice
The draft rules emphasize the inclusion of marginalized sections of society, particularly women and Scheduled Tribe (ST) communities:
- Inclusive Committees: The rules mandate eight standing committees to work under each gram sabha, including committees for Education and Social Justice. These committees will have a minimum representation of at least 50% women and 40% people from Scheduled Tribe communities. This step is intended to ensure a diverse and inclusive decision-making process.
- Education and Social Justice: The Education and Social Justice Committee will focus on the educational and economic upliftment of Scheduled Castes, Scheduled Tribes, as well as weaker sections like specially-abled individuals and primitive tribes. The committee will also address social injustices and provide protection to vulnerable groups.
Preserving Traditions and Customary Laws
The draft rules acknowledge the importance of preserving tribal traditions, customs, and religious practices:
- Customary Law Maintenance: The Gram Sabha is entrusted with the responsibility of maintaining the customary law, social practices, and religious traditions of the Scheduled Tribe communities residing in the area. This ensures the preservation of their unique cultural heritage.
- Social and Religious Practices: The rules aim to protect and safeguard the social and religious practices of Scheduled Tribe communities, ensuring that their cultural identity remains intact.
Local Resource Management
The draft rules empower the gram sabhas in managing local resources:
- Sand Mining: The Gram Sabha will be the operator of the “sand ghat,” allowing them to oversee sand mining activities or use the resource for local needs within their jurisdiction.
Collaboration with Law Enforcement
The draft rules emphasize cooperation with law enforcement agencies:
- Crime-Related Issues: In case of serious crime-related issues, the gram sabhas are required to immediately inform the nearest police station in-charge. This collaboration ensures a prompt response to maintain law and order.
