Hemant Soren under fire: Why Jharkhand’s new PESA rules have upset both BJP and Adivasi outfits

What has complicated the political narrative for the ruling JMM is the parallel opposition emerging from Adivasi organisations. (file)

When the Jharkhand Cabinet approved the long-pending rules for the implementation of the Panchayats (Extension to Scheduled Areas) Act (PESA) last month, the government projected it as a historic step towards strengthening tribal self-governance in the state. But within weeks, instead of settling a decades-old demand, the move has opened up political and social faultlines, drawing criticism not only from the Opposition BJP but also from sections of the Adivasi community.

In a press conference on Sunday, former CM and the BJP’s Khunti MP Arjun Munda launched a sharp attack against the Hemant Soren government, accusing it of “striking at the very soul” of the PESA Act. Calling the notified rules a “cold-blooded murder” of the 1996 law, Munda alleged the framework “dilutes the authority” of gram sabhas, the smallest unit of the Panchayati Raj system, and attempts to alter the traditional character of tribal self-rule.

Munda said while the PESA Act came into law in 1996, states were only empowered to frame rules for its implementation, “not tamper with its core spirit”. He pointed out that the notified rules fail to clearly define the gram sabha in line with the original Act, which recognises governance based on customary law, religious practices and long-standing traditions at the local level.

The BJP leader also accused the government of being insensitive to tribal concerns in a Fifth Schedule state with a recognised tribal population, alleging that although the rules run into several pages, they are “empty in spirit” and “risk creating future conflict” by placing excessive control in the hands of the state administration.

Geetashree Oraon, former Jharkhand minister and activist, said to The Indian Express that the rules strengthen state control rather than empower traditional systems of self-governance. She alleged that while the PESA Act mandates harmony with customary laws, Jharkhand’s rules have been framed under provisions of the Jharkhand Panchayati Raj Act (JPRA) of 2001, potentially allowing higher-tier local governance bodies and the state government to override gram sabha decisions.

These organisations say under the PESA Act, gram sabhas enjoy veto powers over development projects and full ownership of minor forest produce. However, the notified rules place forest departments and state agencies at the centre and reduce the gram sabhas to a merely advisory role, the Adivasi groups say.

They further alleged that traditionally recognised community leaders have been sidelined and replaced with government-appointed officials. “This is a direct attack on Adivasi culture and autonomy,” Oraon said.

The JMM, however, dismissed the BJP’s attack and the Adivasi groups’ criticism as “misleading” and “politically motivated”. Party general secretary Vinod Pandey countered the BJP by pointing to its own record, noting the PESA Act remained unimplemented during its many years in power, including when Arjun Munda was the CM.

Pandey said the notified rules “strengthen rather than weaken the gram sabha”, and give practical shape to tradition and local self-governance within the constitutional framework. He accused the BJP of spreading confusion to regain political ground and said the Soren government remains open to constructive suggestions but will not tolerate “misinformation”.

Beyond the political exchanges, the controversy reflects a deeper challenge Jharkhand has faced since its formation: how to bring tribal customs and traditional self-rule into modern administrative frameworks without diluting their essence.