PESA rules dilute Act’s spirit: Arjun Munda
Ranchi, Jan 4: Former Jharkhand Chief Minister and former Union Minister Arjun Munda on Sunday accused the Hemant Soren-led Jharkhand government…
Ranchi, Jan 4: Former Jharkhand Chief Minister and former Union Minister Arjun Munda on Sunday accused the Hemant Soren-led Jharkhand government of diluting the spirit of the PESA Act, alleging that the newly notified PESA Rules amount to a direct attack on tribal self-governance.
Addressing a press conference at the BJP state office in Ranchi, Munda said the rules have tampered with the basic intent of the Panchayats (Extension to Scheduled Areas) Act, 1996, which was enacted to safeguard the rights of tribal communities in Fifth Schedule areas.
‘Cold-blooded murder of PESA Act’
Munda said that while states have the authority to frame rules for implementing the PESA Act, they have no right to alter its fundamental spirit.
“The Hemant government has stabbed the very soul of the PESA Act. What has been done through these rules is nothing but a cold-blooded murder of the Act,” he said.
He added that the demand for implementation of PESA in Jharkhand had been pending for years and that people were forced to approach the courts, compelling the government to notify the rules after prolonged delay.
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Gram Sabha definition diluted
Raising objections to the content of the rules, Munda alleged that the definition of Gram Sabha in the Jharkhand PESA Rules is inconsistent with the central PESA Act of 1996.
He said the Act defines Gram Sabha on the basis of customary law, religious practices and age-old traditions, whereas the state rules have concealed this definition and merely referred to “tradition”, without defining the term.
He pointed out that the other nine states where the PESA Act is in force have framed their rules strictly in accordance with the Act.
Rules lengthy but lack substance
Munda said that although the notified rules are voluminous, they lack clarity and substance.
“The rules are large in pages but hollow in content. Such ambiguity will allow the administration to implement them according to its convenience, weakening tribal self-governance institutions,” he said.
He warned that dilution of the original spirit of the Act would lead to serious consequences in the future.
‘Fraud on tribal community’
The BJP leader accused the state government of attempting to alter the character and identity of tribal society.
“Just as an individual’s identity is shaped by family, tribal society too has a distinct character. The government has tried to change this character,” he said, calling the rules a major fraud on the tribal community.
Insensitive approach in Fifth Schedule areas
Munda said governments in Fifth Schedule areas are expected to function with sensitivity towards tribal communities, but the Jharkhand government has failed to do so.
“Despite the delay, the rules are still incorrect and deviate from the original intent of the PESA Act. This shows the government’s insensitivity towards tribals,” he said.
Others present
State General Secretary and MP Dr. Pradeep Verma, Media In-charge Shivpujan Pathak, Co-Media In-charge Ashok Baraik, and party spokesperson Rafia Naz were present at the press conference.
