Jharkhand High Court Takes Stern View on PESA Act, Seeks Government Response; Ban on Sand and Minor Mineral Allocation Stays

Ranchi, Jharkhand: The Jharkhand High Court has taken a strict stance against the state government over delays in implementing the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA Act). While hearing a contempt petition filed for non-implementation of the law, the court directed the government to submit an affidavit stating the exact timeline for enforcement of the PESA Act.

A division bench comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar expressed displeasure over the state’s failure to notify the PESA rules, despite a previous court directive on 29 July 2024. The court emphasized that the government must clearly indicate how much time it will take to implement the law and the steps involved.

Court Maintains Ban on Mineral Allocation

During the hearing, the state government requested the court to lift the ban on sand and minor mineral allocation. However, the court rejected the plea, stating that the prohibition would remain in effect until the PESA Act is formally notified and enforced. The next hearing in the matter is scheduled for 17 December 2025.

Protecting Tribal Rights

The PESA Act aims to safeguard the rights and interests of tribal communities in scheduled areas, granting them authority over local resources, customs, and traditional governance systems. Officials informed the court that the draft PESA rules have been prepared by the Panchayati Raj Department and are currently undergoing revisions following feedback from the Cabinet Coordination Committee. The revised draft will then be sent to the Cabinet for approval.

Court Criticizes Government’s Slow Pace

The High Court expressed dissatisfaction with the slow progress. Earlier, it had directed the state government, in a public interest petition, to notify the PESA rules within two months of the July 2024 order. The rules are expected to align with the 73rd Constitutional Amendment and the spirit of the PESA Act. Although the PESA Act was enacted by the central government in 1996, Jharkhand had drafted rules in 2019 and 2023, but failed to formally notify them, prompting the contempt petition filed by the Adivasi Intellectual Forum. The court has now compelled the government to provide a clear timeline for the law’s implementation.