The recent withdrawal of amendments to the Forest Rights Act (FRA), 2006, by the Union government has put the spotlight on tribal rights over forests. These amendments, which were seen as diluting tribal rights, had sparked extensive protests by tribal and environmental activists. Adding fuel to the fire, the state government of Jharkhand attempted to amend the Chotanagpur Tenancy Act, 1908, and the Santhal Parganas Tenancy Act, 1876, with the aim of easing land acquisition norms – a decision which later was also withdrawn. However, these events led to a series of incidents known as “Pathalgarhi” in the tribal belt, demanding the proper implementation of the FRA and provisions of the Panchayats (Extension of Scheduled Areas) Act (PESA), 1996.
Historical Significance of The Tenancy Acts
Birsa Munda’s campaign against exploitation and discrimination of the tribal community led to the enactment of the influential Chotanagpur Tenancy Act in 1908. This legislation aimed to protect tribal lands by restricting their transfer to non-tribals. Similarly, the Santhal Parganas Tenancy Act, 1876, prohibited the sale of Adivasi land to non-Adivasis in the Santhal Pargana region, located along Jharkhand’s border with Bengal.
The Pathalgarhi Rebellion
Pathalgarhi is a form of protest, predominantly prevalent in four districts of the State—Khunti, Gumla, Simdega, and West Singhbhum. The tribal people embed large stone slabs, known as ‘pathals’, on the fringes of their territories, marking the boundaries beyond which governmental institutions are unwelcome. This method has roots in the Munda tribal custom, wherein placement of a colossal stone symbolizes the death of a person. The Pathalgadi movement draws from this tradition to honor their community’s forebears.
Some Facts
| Fact | Detail |
|---|---|
| Forest Rights Act (FRA), 2006 | Legislation designed to recognize and vest forest rights in forest dwelling Scheduled Tribes and other traditional forest dwellers. |
| Chotanagpur Tenancy Act, 1908 | Act that restricted the passing of land from tribal people to non-tribals. |
| Santhal Parganas Tenancy Act, 1876 | Prohibits the sale of Adivasi land to non-Adivasis in certain regions. |
| Panchayats (Extension to the Scheduled Area) Act, 1996 | Aims to extend Panchayat provisions to Scheduled areas to preserve tribal traditions and empower local governments. |
The Panchayats (Extension to the Scheduled Area) Act, 1996
The PESA functions as a guardian of tribal customs, cultural identity, community resources, and the customary mode of conflict resolution. It empowers Gram Sabha/Panchayat at an appropriate level with consultation rights over land acquisition and the resettlement and rehabilitation of displaced persons. By providing better control over public resource utilization, it aims to reduce alienation in tribal areas. Moreover, PESA seeks to curb the exploitation of tribal populations by enabling them to control and manage money lending, alcohol consumption and sale, as well as village markets. This act thus endorses the preservation of tribal cultural heritage, traditions, and identities.
