RANCHI: Flagging what it alleges is a dilution of tribal rights under the newly notified PESA rules, the BJP has accused the Hemant Soren government of weakening the very spirit of the Panchayats (Extension to Scheduled Areas) Act, 1996, claiming that the Panchayat Provisions (Extension to Scheduled Areas) Jharkhand Rules, 2025, amount to a direct attack on tribal self-governance.
Talking to media persons at the state BJP headquarters in Ranchi on Sunday, former Jharkhand Chief Minister Arjun 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.
According to Munda, the Hemant Soren 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,” Munda said. While states have the authority to frame rules for implementing the PESA Act, they have no right to alter its fundamental spirit, he added.
Munda further said 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 a prolonged delay.
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 also pointed out that the other nine states where the PESA Act is in force have framed their rules strictly in accordance with the Act. Although the notified rules are voluminous, they lack clarity and substance, he said.
“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,” Munda said.
Dilution of the original spirit of the Act would lead to serious consequences in the future, he warned.
Munda 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,” said Munda, calling the rules a major fraud on the tribal community.
The former Chief Minister 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.
Notably, under continued pressure from the Jharkhand High Court over delays in implementing the Panchayat (Extension to Scheduled Areas) Act, 1996, the Jharkhand Cabinet on December 23 cleared the Panchayat Provisions (Extension to Scheduled Areas) Jharkhand Rules, 2025, finally putting in place a long-awaited legal framework considered vital for grassroots governance in tribal areas.