Jharkhand High Court on Monday sought a response from the state government while hearing a petition challenging the implementation of the PESA Rules in Jharkhand.
A division bench comprising Chief Justice S M Sonak and Justice Rajesh Shankar heard the petition filed by Raimul Bandra and others against the state government’s notified PESA Rules.
During the hearing, the court asked the government to clarify whether the issues and objections raised point-by-point by the petitioners were valid. The bench also questioned whether amendments and modifications made to the rules were in line with constitutional provisions. The state government has been directed to file its response before the next hearing, which is scheduled for the last week of June.
According to the petitioners, the government has diluted the original spirit of the PESA Rules. They argued that the rules were meant to ensure greater rights and powers for tribal and indigenous communities, but due to amendments, those communities are allegedly being deprived of the benefits and authority they were entitled to.
The petition further alleged that the government implemented the rules in a manner that allowed it to retain control over the administrative system, reducing the rules to merely an “eye wash” instead of ensuring effective empowerment of tribal communities.