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Jharkhand has implemented the PESA law 25 years after statehood, promising greater self-governance for tribal communities
The move has triggered debate over the powers of the Gram Sabha, customary law and administrative control
Tribal leaders and activists welcome the law but warn the new rules may dilute rights rather than strengthen autonomy
After 25 years of statehood, Jharkhand has finally implemented rules under the Panchayat (Extension to Scheduled Areas) Act, or PESA, a law that claims to give tribal communities greater control over governance in Fifth Schedule Areas.
The move has reignited debate at constitutional, political and social levels over the authority of the Gram Sabha, the role of the administration and the future of traditional self-governance systems. Tribal organisations and customary leaders are holding meetings and reviews, asking whether the long-awaited right to self-rule will meaningfully strengthen village institutions or merely exist on paper.
The PESA Act was enacted by Parliament in 1996 to extend constitutional protections of local self-governance to tribal-majority Scheduled Areas under the Fifth Schedule of the Constitution. Eight of India’s ten Fifth Schedule states have already implemented it. Jharkhand has done so only now, after decades of demand.
The new rules apply fully in 13 of Jharkhand’s 24 districts, including Ranchi, Khunti, Lohardaga, Gumla, Simdega, Latehar, East and West Singhbhum, Saraikela, Dumka, Jamtara, Sahibganj and Pakur. Partial implementation has begun in Palamu, Godda and Garhwa.
According to the 2011 Census, Jharkhand’s tribal population stands at 26.3 per cent of its total population of about 32.9 million. More than half live in 12,164 villages. The state is home to 32 tribal communities, eight of which are classified as Particularly Vulnerable Tribal Groups.
Under the notified rules, the Gram Sabha is designated as the strongest and supreme institution in Scheduled Areas. The president of the Gram Sabha will be a person recognised by the village according to prevailing traditional customs.
Gram Sabhas are empowered to manage natural and community resources, including minor minerals and small water bodies, within their traditional boundaries. They are also authorised to act against social evils, resolve disputes within their jurisdiction and impose fines of up to Rs 2,000.
The district deputy commissioner will recognise and notify Gram Sabhas and their boundaries. A multidisciplinary team at district level will prepare annual development plans in consultation with Gram Sabhas.
The state government has presented the move as a historic step towards tribal self-governance. Chief Minister Hemant Soren has repeatedly said the rules will strengthen tribal control over land, forests and water, and restore the spirit of autonomy.
Opposition leaders, however, have raised sharp objections. Former chief ministers Babulal Marandi, Arjun Munda, Champai Soren and Raghuvar Das have accused the government of diluting the spirit of the original PESA Act. They argue that the notified rules weaken the constitutional supremacy of the Gram Sabha, sideline customary law and traditions, and give excessive authority to the Panchayati Raj system and district administration.
Jharkhand has 28 seats reserved for Scheduled Tribes in its 81-member legislative assembly. The state also formally recognises traditional governance systems such as the Manki-Munda and Majhi-Pargana systems, providing monthly honorariums to more than 28,500 functionaries.
Durga Charan Murmu, a Pargana Baba from East Singhbhum, said tribal leaders welcomed the law but objected to key provisions.
“At a meeting in Ghatsila on December 11, the rules were discussed in detail,” he said. “Tribals are happy the law has finally been implemented, but the rules weaken Gram Sabha powers. There is no authority over District Mineral Foundation Trust funds or the Tribal Sub Plan, while unnecessary importance has been given to the administration and Panchayat system. This will not change tribal conditions. We will demand necessary amendments to the rules.”
Similar concerns were voiced at a meeting in Saraikela on December 10, led by Dishom Desh Pargana Fakir Mohan Tudu, where representatives warned that administrative interference could undermine customary law and autonomy.
Jharkhand covers around 79,714 square kilometres, nearly 29.5 per cent of which is forested. The state holds about 40 per cent of India’s mineral resources and produces around 160 million tonnes of minerals annually, valued at roughly Rs 15,000 crore, generating revenues of about Rs 3,500 crore.
According to the Jharkhand Forest Rights Forum, a coalition of 17 NGOs, and a 2021 joint study with the Indian School of Business, there are 14,850 villages located in forest areas. According to a report by the Union Ministry of Tribal Affairs, of the 110,756 forest rights claims filed by August 2025, only 61,930 had been approved, with 28,000 rejected and 21,000 still pending.
George Monopalli, convener of the forum, told Down To Earth that bureaucratic control remained dominant. “The rules have been cleverly blacked out. Rights under the Forest Rights Act, land transfers and community management appear to be eroded. For decades, tribal communities have borne the cost of policies imposed on them, denied meaningful self-governance and autonomy.”
Rajendra Shahi Munda, a district council member from Angada block in Ranchi, questioned why Gram Sabha powers were restricted. “There are many schemes and laws for tribal welfare, yet land protection, health, education and employment remain poor. Why are Gram Sabha rights limited to minor minerals and forest produce?”
National data on tribal health underline these concerns. Across India, 40.6 per cent of Scheduled Tribes live below the poverty line. Anaemia affects 65 per cent of tribal women aged 15-49, and tribal communities account for half of malaria deaths. Protein and calorie intake among pregnant women and infants remains low.
In Jharkhand, the National Family Health Survey (2019–21) found that 28 per cent of tribal women have a body mass index below 18.5, indicating widespread malnutrition. Anaemia remains a major threat.
The state’s Economic Survey shows that most tribal livelihoods depend on daily wage labour, farming and forest produce. Only 6.08 per cent of tribal households have salaried employment. Literacy among Scheduled Tribes stood at 57.2 per cent in 2011.
Jharkhand’s performance under the Jal Jeevan Mission also reflects uneven development. Of a target to provide tap water connections to more than 6.25 million rural households, only 55.11 per cent had been connected so far, with tribal areas lagging significantly.
On January 7, 2026, a delegation from the Customary Tribal Coordination Committee met Governor Santosh Kumar Gangwar to raise objections to the 2025 rules, particularly regarding customary law, tradition and community ownership.
Nesha Oraon, a former state Panchayati Raj director, told DTE key protections had been removed. “Sections 4(a) and 4(d) of PESA protect customary law, religious practices and cultural identity. These have been ignored. Even the term ‘community ownership’ has been omitted.” She added that placing responsibility for recognising Gram Sabhas with district authorities reflected administrative control rather than customary governance, the very principle PESA was meant to uphold.
Ganesh Path Pingua, president of the Manki-Munda Sangh in West Singhbhum, said the law could still open a path to self-governance. “The rules give legal recognition to Gram Sabhas. But only implementation will show whether lives truly change.”
Others remain sceptical. Suresh Kongadi, president of the Village Head Association in Khunti’s Rania block, warned: “If even a Panchayat secretary can interfere in Gram Sabha affairs, how will traditional self-governance survive?” Sections of tribal communities fear the Act is the second edition of the Jharkhand Panchayat Raj Act, 2001, he added.