Udit Vani, Jamshedpur : Former Jharkhand Chief Minister and senior BJP leader Raghubar Das has short off an open letter to Chief Minister Hemant Soren, urging immediate notification and implementation of the Panchayats (Extension to Scheduled Areas) Act — commonly known as PESA — across the state.
He also pressed for serious consideration of the long-pending demand for legal recognition of the Sarna religious code, which holds deep cultural and spiritual significance for Jharkhand’s tribal communities.
In the detailed letter on Wednesday, Das reminded the Chief Minister that PESA was enacted by the Parliament in 1996 to empower self-governance in India’s Scheduled Areas. Despite Jharkhand being one of the ten states listed under the Act, the state has yet to fully implement it, he lamented.
Steps Taken but No Final Action Yet
Das highlighted that during his tenure as CM (2014–2019), his government had initiated the drafting of PESA rules by soliciting inputs from 14 government departments.
In July 2023, the current state government released a draft of the PESA rules and invited suggestions and objections from the public.
A Tribal Advisory Committee meeting followed in October 2023, which incorporated relevant amendments into the draft. The final document was later reviewed and approved by the Law Department and the Advocate General in March 2024, confirming its alignment with judicial guidelines of the Supreme Court and the High Court.
Despite this progress, the rules have not been officially notified. Das pointed out that this inaction prompted the filing of a contempt petition in June 2024, with the state’s Chief Secretary being named as a respondent.
PESA: Pillar of Tribal Self-Governance
Raghubar Das emphasized that PESA, under the Fifth Schedule of the Constitution, is not merely a legal instrument but embodies the essence of tribal identity and self-rule. “The Sarna community worships nature — forests, rivers, land, and mountains. PESA would allow them to preserve, promote, and document their customs, traditions, and worship practices through the authority of Gram Sabhas,” he wrote.
He referenced Section 3(iii) and Section 10(5) of the Jharkhand Panchayati Raj Act, 2001, which already provide for the formation of multiple Gram Sabhas and empower them to protect customary rights and resolve disputes based on traditional practices.
A Pathway to Legal Recognition of Sarna Identity
According to Das, PESA implementation could pave the way for the Sarna community to document and institutionalize its worship methods and cultural practices. Once these are validated by the Gram Sabhas, the state government can formally recognize them as legal documents — a step toward fulfilling the long-pending demand for the Sarna Religious Code.
He underscored that Indian law recognizes tradition, custom, and religious practice as not just cultural heritage but as legally enforceable rights. “Granting local and state-level recognition to these rights is not only legitimate but necessary,” Das said.
Documenting Tribal Diversity
The letter also listed various unique tribal customs in Jharkhand that deserve formal acknowledgment:
* Munda Community: Practices Pathalgadi and Khudkati.
* Uraon Community: Celebrates Kundi Puja the day after Diwali.
* Santhal Community: Observes Safa Hor on Kartik Purnima with ritual bathing in the Ganga.
* Ho Community: Celebrates Maghe Parab, which symbolizes creation and cultural origin.
Das asserted that the PESA Act would help document and protect these age-old practices.
On the Sarna Religious Code Demand
Das also addressed the ongoing political debate surrounding the Sarna code. He recalled that former Lok Sabha MP Sudarshan Bhagat had raised the issue in 2013. In 2014, then Union Tribal Affairs Minister Kishore Chandra Deo clarified in Parliament that the government had no decision on granting a separate code due to the diverse tribal belief systems across India — such as Sanamahi in Manipur and Donyi-Polo in Arunachal Pradesh. The minister warned that recognition of one could lead to similar demands from other communities.
Yet, Das argued that full implementation of PESA would empower Gram Sabhas to pass resolutions recognizing Sarna practices. This, in turn, would allow the state government to grant formal legal status to Sarna worship and identity — effectively fulfilling the demand for a Sarna code without waiting for central intervention.
Final Appeal
In his concluding remarks, Raghubar Das appealed to CM Hemant Soren to act swiftly. “Timely notification of PESA rules will not only fulfill a constitutional obligation but also reinforce the pride and self-governance of Jharkhand’s tribal identity,” he observed.
