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Raghubar Das alleges Hemant Soren govt's PESA rules weaken tribal Gram Sabhas in Jharkhand.
Summary
Former Jharkhand CM Raghubar Das has accused the Hemant Soren government of offering "lollipops" to tribals and attempting to weaken the traditional Gram Sabha system through its PESA rules. This controversy highlights the critical importance of the Panchayats Extension to Scheduled Areas (PESA) Act, 1996, which aims to grant self-governance to tribal communities. For competitive exams, understanding PESA's provisions, its purpose, and its implementation challenges, especially in states with significant tribal populations like Jharkhand, is crucial for topics like Polity, Governance, and Social Justice.
Key Points
- 1Raghubar Das, former Chief Minister of Jharkhand, accused the Hemant Soren government.
- 2The accusation pertains to the alleged weakening of the traditional Gram Sabha system for tribal communities.
- 3The controversy revolves around the implementation rules of the Panchayats Extension to Scheduled Areas (PESA) Act, 1996.
- 4The state where this issue is occurring is Jharkhand, a state with a significant tribal population.
- 5Specific tribal communities mentioned whose traditional systems are allegedly being weakened include Santhal, Ho, Kharia, Oraon, Munda, and Bhumij.
In-Depth Analysis
The recent accusation by former Jharkhand Chief Minister Raghubar Das against the Hemant Soren government regarding the dilution of the Panchayats Extension to Scheduled Areas (PESA) Act, 1996, rules brings to the forefront a critical debate on tribal self-governance and the effective implementation of protective legislation in India. This controversy, centered in Jharkhand – a state with a significant tribal population – underscores the ongoing challenges in empowering traditional Gram Sabhas and safeguarding the rights of indigenous communities like the Santhal, Ho, Kharia, Oraon, Munda, and Bhumij.
**Background Context and Historical Roots of PESA:**
India's constitutional framework recognized the unique status of tribal areas through the Fifth and Sixth Schedules, allowing for special administrative provisions. However, the 73rd Constitutional Amendment Act of 1992, which revolutionized local self-governance by establishing Panchayati Raj Institutions nationwide, was not automatically extended to the Scheduled Areas. This omission was deliberate, stemming from a recognition that the standard Panchayat model might not be suitable for tribal communities with distinct customary laws, social and religious practices, and traditional management systems of community resources. To address this, the Government of India constituted a high-level committee in 1995, headed by Dilip Singh Bhuria, to recommend a framework for extending Panchayat provisions to Scheduled Areas. The Bhuria Committee Report strongly advocated for empowering tribal communities through their traditional institutions, emphasizing self-rule and the protection of their identity. Based on these recommendations, the Parliament enacted the Panchayats (Extension to Scheduled Areas) Act, 1996, popularly known as PESA.
**What Happened: The Jharkhand Controversy:**
Former CM Raghubar Das has alleged that the Hemant Soren government's new PESA rules are essentially
Exam Tips
This topic falls under the 'Indian Polity & Governance' and 'Social Justice' sections of the UPSC Civil Services Exam (Prelims & Mains GS-II) and State PSC exams. For SSC, focus on direct questions about the PESA Act's year and primary objective.
Study PESA alongside the 73rd and 74th Constitutional Amendments, the Fifth and Sixth Schedules, and the Forest Rights Act (FRA) 2006 to understand the broader framework of tribal governance and rights. Compare and contrast the powers granted under PESA versus general Panchayati Raj.
Common question patterns include: direct questions on PESA's objectives and key provisions; analytical questions on challenges in PESA implementation and its impact on tribal autonomy; questions on the role of Gram Sabhas in Scheduled Areas; and case studies related to land or resource management in tribal regions.
Related Topics to Study
Full Article
He alleged that through these rules, an attempt is being made to weaken the traditional Gram Sabha system of various tribal communities such as the Santhal, Ho, Kharia, Oraon, Munda and Bhumij.