Former Jharkhand chief minister Raghubar Das raised serious objections to the state government’s draft rules framed under the Panchayats (Extension to Scheduled Areas) Act (PESA), alleging that the proposed framework runs contrary to the letter and spirit of the central legislation and weakens traditional tribal self-governance.
Das alleged that the state government was showing “lollipops” to Adivasi communities in the name of PESA while diluting their constitutionally guaranteed rights. He demanded that the draft PESA rules be placed in the public domain at the earliest to allow scrutiny by the people, particularly those living in Scheduled Areas.
Referring to information published in newspapers, the former chief minister said the proposed rules restrict the definition and functioning of the Gram Sabha by limiting the role of traditional tribal institutions and customary leadership systems. He argued that such an approach defeats the very purpose of PESA, which was enacted to strengthen self-rule in Scheduled Areas in accordance with local traditions and social structures.
Das cited long-established tribal governance systems across Jharkhand, including the Manjhi-Paragana system among Santhals, Munda-Manki-Diuri among Hos, Dhoklo-Sohor among Kharias, Hatu Munda and Pahan among Mundas, and Mahato, Padhavell and Pahan among Oraons. These institutions, he said, have enjoyed social legitimacy for centuries and form the backbone of tribal self-administration.
He pointed out that Sections 4(a), 4(b), 4(c) and 4(d) of the PESA Act, 1996, clearly mandate that the composition, powers, and functioning of Gram Sabhas must be in consonance with customary laws, traditional practices and community control over resources. The draft rules, he alleged, ignore these provisions.
Raising governance concerns, Das questioned whether the proposed framework would allow individuals outside traditional systems to chair Gram Sabhas, stating that the lack of clarity on this issue could weaken community authority and disturb social harmony in tribal areas.
He also flagged concerns over control of natural resources, noting that PESA grants Gram Sabhas decisive powers over minor minerals, sand ghats, forest produce, and water resources. Das asked whether these rights would be genuinely transferred to village assemblies or whether administrative control would continue to rest with the state, as in the past.
Accusing the government of attempting to finalise the rules at the Cabinet level without wider consultation, the former chief minister said the objective of PESA was not to dismantle tribal institutions but to legally empower them. He urged the government to release the draft rules without delay and align them with the aspirations and traditions of tribal communities.