Jharkhand issues PESA draft rules for consultations

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CategoryPolity

Last Updated28/07/2023

Recently, the Jharkhand government published draft rules for public consultation regarding implementing the Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996

It was enacted in 1996 “to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas”.
- Under the Act, Scheduled Areas are those referred to in Article 244(1)
- It says that the provisions of the Fifth Schedule shall apply to the Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.
Objectives
- To ensure self-governance through Gram Sabhas (village assemblies) for people living in the Scheduled Areas.
- It recognises the right of tribal communities, who are residents of the Scheduled Areas, to govern themselves through their own systems of self-government, and also acknowledges their traditional rights over natural resources.
- Empowers Gram Sabhas to play a key role in approving development plans and controlling all social sectors.

Defines rights of gram sabhas under 5th Schedule areas
- Resolving traditional and family disputes
- Hearing certain cases under the IPC, 1860
- Maintaining peace and order
Mandates eight standing committees, including for Education and Social Justice, to be working under the gram sabha
- These committees will have at least 50% women and a minimum of 40% people from Scheduled Tribe (ST) communities.
The Gram Sabha shall maintain the customary law, social and religious practices of the Scheduled Tribe communities residing in its area
It will also take necessary steps for their (ST Communities) protection
The gram sabha will operate the “sand ghat”and can use it for local needs at its own level.