The Jharkhand High Court Wednesday refused to lift its earlier stay on sand ghat allotments and minor mineral leases and slammed the state government for failing to notify rules under the Panchayats Extension to Scheduled Areas Act, 1996 (PESA).
PESA is the law that empowers traditional gram sabhas in scheduled areas of India to safeguard cultural identity, preserve community resources, and manage customary dispute resolution.
The latest development comes days after a Division Bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar gave the Jharkhand Cabinet two weeks to roll out PESA rules and halted auction of sand ghats and granting mining lease for minor minerals in the state.
According to petitioner Victor Malto of Adiwashi Buddhijivi Manch said in today’s hearing, the court noted that no notification had been issued, after which the Advocate General submitted that the draft rules had been forwarded to the Cabinet. The state also urged the court to lift the stay on sand ghat allotments, arguing that village gram sabhas had already given the permission, but the bench questioned how such approvals could be valid in the absence of notified rules.
“The bench strongly rebuked the government and the Advocate General and stressed that without rules, gram sabha clearances carried no legal weight. The state demanded that the ban on sand ghats be lifted, but the court asked them to first notify the rules,” he told The Indian Express, adding that the rules have been delayed for 25 years.
Senior advocate Ajit Kumar, representing the petitioners, contended that successive administrations had intentionally delayed the implementation of PESA to prevent Gram Sabhas from exercising their constitutional rights.
“Draft rules were created in 2019, but they are still not in effect,” Kumar said.
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Despite having a significant tribal population, Jharkhand has yet to draft rules under PESA, meaning that the law would be ineffective. Framing of the rules has long been a demand by the state’s Adivasi groups, who say it would help protect them against exploitation by mining companies.
According to petitioners in the case, granting leases without PESA rules violates the rights of tribals in Scheduled Areas. This May, the HC had ordered the state to notify PESA rules immediately. However, no action was taken, leading to a plea for contempt.
On September 15, Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar directed the state to put a stop to the allotment of sand ghats and other minor minerals throughout the state, claiming that the state government had delayed rolling out PESA rules despite repeated reminders.
With the state now seeking more time, the Bench adjourned the case to October 9.
