Bharatiya Janata Party state president and Leader of the Opposition in the Jharkhand assembly Babulal Marandi has questioned the Hemant Soren government’s approach to framing the Panchayats (Extension to Scheduled Areas) rules, saying the notified provisions risk diluting the core spirit of tribal self-governance and weakening safeguards for traditional belief systems of Adivasi communities.
Marandi said the rules framed by the Jharkhand government depart from the intent of the central PESA law enacted in 1996, which was aimed at protecting customary laws, social and religious practices, and traditional systems of community resource management of tribal societies.
Referring to Section 4(a) of the Act, he said it clearly stipulates that any state legislation relating to Panchayats in Scheduled Areas must be in accordance with customary law and the social and religious practices of the community. He argued that in tribal society, customary law is closely linked to faith and traditional modes of worship.
Citing examples, Marandi said Santhal communities worship Marang Buru and Jahir Ayo and perform rituals at Jahir Than and Manjhi Than, while Munda, Oraon, Ho, and Kharia communities follow distinct belief systems and worship practices of their own. According to him, the spirit of the Act requires that the chairperson of a Gram Sabha be rooted in these traditional belief systems.
He maintained that while the notified rules refer to traditions and rituals, they omit an explicit reference to customary belief and worship, creating ambiguity and the possibility of dilution of tribal autonomy. Marandi said this omission runs contrary to the parent legislation and could allow individuals disconnected from traditional belief systems to occupy key positions in Gram Sabhas.
The BJP leader urged the Chief Minister to reconsider the rules and incorporate the language of the Act verbatim to ensure protection of tribal customary practices. He also criticised the Congress party, noting that while it had enacted the PESA law at the Centre in 1996 to safeguard tribal traditions, it was now, he alleged, compromising its original intent in Jharkhand.
Marandi said that if the government does not review the notified rules in line with the Act, the BJP would take the issue to villages across the state and place it before what he described as the people’s court.
The notification of the PESA rules in Jharkhand, nearly three decades after the enactment of the central legislation, has triggered a wider political and constitutional debate over the scope of Gram Sabha authority and the future of tribal self-governance in Fifth Schedule areas.