Ranchi: Days after state govt notified PESA rules 2025, a first since formation of Jharkhand, senior BJP leader and former chief minister
Arjun Munda on Sunday called it “contrary to the original spirit of PESA Act, 1996”. He also hit out at the
Hemant Soren dispensation by accusing it of “cleverly trying to change the definition of tribals”.
“The demand for implementing PESA rules in the state had been going on for a long time. Many also went to court, which finally forced the govt to come up with the rules. Self-governance of tribal society is part of its traditional orthodox system which has been continuing since ancient times. But going by the rules, which were notified, it looks that the state govt has struck at the very soul of the tribal society’s self-governance model. PESA Act has been in place since 1996 but for better implementation, state govts need to make rules but no govt has the right to tamper with the basic spirit of the Act.”
Explaining his party’s reservation against the rules brought by the state govt, former Union tribal minister said, “In PESA rules declared by the Jharkhand govt, the inherent definition of Gram Sabha is different from the original PESA Act. In the original Act, gram sabha is defined on the basis of customary law, religious practices, and traditions which have been continuing since ancient times.
The existing rules have diluted that aspect. Nine other states where PESA Act is applicable, they have defined Gram Sabha in accordance with the Act.”
He also maintained that although the state govt’s rules run large in terms of pages, they lack proper content, which could create a situation of anarchy in future.
Congress, part of the ruling alliance and which has state panchayati raj department portfolio in its fold, defended the rules. Party spokesperson and general secretary Alok Dubey said, “BJP should stop spreading confusion about PESA rules as the one brought by Hemant Soren govt is after lots of consultation with all stakeholders. By bringing the rules, which no BJP govts could do in the past, Hemant govt has given rights to those living in Scheduled Areas. BJP's entire discourse on PESA is driven by confusion, half-truths and political frustration. Jharkhand PESA rules make Gram Sabha the center of every decision-making in accordance with the spirit of the original 1996 Act, not weakening it.”