In a significant political development, former Jharkhand Chief Minister and senior Bharatiya Janata Party (BJP) leader Raghubar Das has launched a sharp critique against the state cabinet's recent approval of the draft Jharkhand Panchayat Extension to Scheduled Areas (PESA) Rules of 2025. Das, on Tuesday, asserted that the newly framed regulations betray the foundational spirit and intent of the original PESA Act enacted by the Parliament in 1996.
Core Provisions Ignored, Alleges Former CM
Expressing deep suspicion over the secrecy surrounding the approved rules, Raghubar Das revealed that the detailed document has not been made public. "Since the approved PESA rules have not yet been made public, I suspect that the state government may have ignored many of the core provisions of the PESA Act," Das told reporters in Ranchi. He emphasized that the central Act explicitly mandates that any state-level legislation concerning panchayats in scheduled areas must align with customary laws, prevailing social and religious practices, and traditional community resource management systems.
A major point of contention highlighted by the former Chief Minister revolves around the leadership of the Gram Sabha. Das pointed out a critical lack of clarity on whether the position of Gram Sabha chairperson will be exclusively reserved for individuals adhering to tribal orthodox traditions or if it will be opened to those who have converted to other religions. This, he argued, strikes at the heart of tribal self-governance as envisioned by PESA.
Call to Empower, Not Erase, Tribal Systems
Articulating his stance on tribal empowerment, Raghubar Das stated, "I believe that rather than erasing the tribal orthodox system, it should be empowered through legal recognition so that their cultural identity, traditional justice system, and their control over resources remain intact." He underscored that the 1996 Act contains vital provisions granting Gram Sabhas rights over minor minerals, forest produce, water bodies, and other communal resources, which must be faithfully implemented to safeguard tribal autonomy and economic interests.
The former CM's opposition sets the stage for a heated political debate in Jharkhand, focusing on the interpretation and execution of the landmark PESA legislation. The rules are designed to operationalize the Act in the state's scheduled areas, which have a predominant tribal population.
Governing Alliance Yet to Respond
As of late Tuesday evening, the ruling alliance comprising the Jharkhand Mukti Morcha (JMM) and the Congress party had not issued any official response to the serious allegations leveled by the senior BJP leader. The silence from the government adds to the brewing controversy, leaving stakeholders and tribal communities awaiting an official clarification on the content and intent of the newly approved PESA Rules of 2025.
The confrontation highlights the ongoing political tussle over tribal welfare and governance in Jharkhand, with the BJP, under Das's lead, positioning itself as a guardian of the original PESA Act's principles against the current Hemant Soren-led government's policy decisions.
