Jharkhand HC directs govt to implement PESA rules by Sept 6
THE JHARKHAND STORY DESK Ranchi, August 6: The Jharkhand High Court division bench has issued strict instructions to the state government…
THE JHARKHAND STORY DESK
Ranchi, August 6: The Jharkhand High Court division bench has issued strict instructions to the state government to implement the rules of the ‘Provisions of the Panchayat (Extension to the Scheduled Areas) Act, 1996’ (PESA Act) by September 6, 2025.
The order was passed by the bench comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar.
The court made it clear that failure to comply with this directive would require Panchayati Raj Department Principal Secretary Manoj Kumar to appear in person at the next hearing and provide an explanation.
The bench observed that disregarding court orders amounts to contempt of court, which will not be taken lightly.
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What Did the Bench Say?
During the hearing, the court noted that on July 29, 2024, it had directed the state to implement PESA rules within two months. However, no action has been taken so far. This, the court said, is a serious case of contempt of court.
The contempt petition was admitted on June 25, and a notice had already been issued, yet the Panchayati Raj Department has not filed any counter-affidavit.
The bench remarked that this indicates the government is not taking the court’s orders seriously, which is unacceptable.
It further directed the state to provide a date-wise report on the steps taken so far to implement PESA rules at the next hearing.
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Government’s Stand
On behalf of the state government, it was informed that the process of drafting PESA rules is still underway. For now, some provisions of PESA have been partially implemented through the Panchayati Raj Act and other laws.
Adivasi Intellectual Forum had filed a contempt petition in the High Court. Senior counsel representing the petitioner argued that Jharkhand was created to safeguard tribal rights, yet the rules under the PESA Act—enacted in 1996—have not been implemented in the state, which is deeply regrettable.
