2. PANCHAYAT RAJ AND TRADITIONAL CUSTOMARY PRACTICES & GOVERNANCE IN SCHEDULED AREAS Dr Dhuni Soren “Boarijore” 33 Longmeadow Road, Knowsley, Liverpool L34 0HN, England Email:dhunisoren@yahoo.co.uk

3. MAHATMA GANDHI, the father of the Indian nation advocated a decentralised form of government (PANCAYAT RAJ) where each village is responsible for its affairs as foundation of India’s political system. HIS VISION: GRAM SWARAJ (village self - governance) which is no different from the traditional self- governance of Adivasi people in India.

4. This idea was supported with 73 rd amendment of Constitution of India in 1992. They are at present being implemented in different states after several amendments. It reached Jharkhand at the end of 2010 and is still being organised after Panchayat Raj Election.

5. PANCHAYAT RAJ- Has 3 layers to reach the grass roots (villages) 1.District Level- Zila Parishad 2.Block Level- Panchayat Samiti 3.Village Level- Gram Panchayat.

6. District Level Zila Parishad:Members elected directly from all Panchayats of the district. 1 in 50000 population but could be 10% more or less according the size of population. (a) Adhyaksha - elected by members Reserved for ST in scheduled areas of which 50% is reserved for women (b) Up Adhyaksha –Elected by members. Open for all

7. Block Level Panchayat Samiti- Members elected directly 1in 5000 population but could be 10% more or less according to the size of population. (a) Pramukh- Elected by members Reserved for ST in scheduled areas of which 50% are reserved for women (b) Up Pramukh- Elected by members Open for all

8. Village Level Gram Panchayat- Members elected from wards Wards- 50% reserved for ST but could be more up to 80% if ST population is 80% or more out of which 50% is reserved for women. (a)Mukhia- Directly elected will be the Adhyaksh of the Gram Panchayat Reserved for ST out of which 50% is reserved for women 2. Up Mukhia-Elected from members Open for all

9. GRAM SABHAS Normally there will be a gram sabha in each village within Gram Panchayat but in Scheduled Areas if the members wish, they can have more than one as in small village/tola and can run their affairs in their customary and traditional ways.

10. Adhyaksh of GRAM SABHA IN THE SCHEDULED AREAS WILL NOT BE THE MUKHIA,UP-MUKHIA OR ANY OTHER ELECTED MEMBER but someone who has traditionally been accepted by the community e.g. PRADHAN OR MAJHI, MUNDA, PAHAN,MAHTO OR BY ANY OTHER NAME. (Jharkhand Adhiniyam No-6, 2001section 2, Gram Sabha)

11. PANCHAYATS EXTENSION TO SCHEDULED AREAS (P E S A) Parliament in 1996 passed a separate legislation as an annexure to the 73 rd amendment specifying special provision for Panchayat in the 5 th scheduled areas.

12. JHARKHAND has the following scheduled areas: (1)Ranchi (2)Lohardaga (3)Simdega (4)Gumla (5)Latehar (6)Dumka (7)Sahebganj (8)Jamtara (9)Pakur (10)East Singhbhum (11)West Singhbhum (12)Sarae kela-Kharsawan district. (13) Garhwa District (Bhandriaa Block only) (14) Godda District ( Boarijor and Sundarpahari blocks)

13. GRAM SABHA -POWER The basic unit of administration in the present Panchayat system of governance. It has very important role to play in the social and economic development of the villages and their people. It has been endowed with the following powers in the scheduled areas (Jharkhand Adhiniyam 2001 section 10)

14. 1. Gram Sabha should be competent to safeguard and preserve the traditions and customs of people, their cultural identity, community resources and the customary mode of dispute resolution. 2. Gram Sabha shall: Approve places, programmes and projects for social and economic development before they are taken up for implementation by the PANCHAYAT at the village level.

15. Be responsible for identification or selection of persons as beneficiaries under the poverty alleviation and other programmes. Gram Sabha will issue a certificate of utilisation of funds by the Panchayats for different programmes and projects.

16. Gram Sabha or Panchayat at appropriate level shall be consulted before making acquisition of land for development projects and before settling or rehabilitating persons affected by such projects. Actual planning and implementation of projects shall be co- ordinated at state level.

17. Planning and management of minor water bodies shall be entrusted to Panchayats at appropriate level. Recommendation of Gram Sabha or Panchayat at the appropriate level be made mandatory prior to grant of prospecting licence or mining lease for minor minerals.

18. Prior recommendation of Gram Sabha or Panchayat at the appropriate level shall be made mandatory for grant of concession for the exploitation of minerals by auction. State Legislature shall ensure that the Panchayat at the appropriate level and Gram Sabha are endowed with the power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxication.

19. Power to prevent alienation land and to take appropriate action to restore any unlawfully alienated land of a Scheduled tribe. Power to manage village markets Power to exercise control over money lending to Schedule Tribes. Power to exercise control over institutions and functionaries in social sectors.

20. Power to control over local plans and resources including tribal sub-plans.

21. Reservation of offices in this system 1.Reservation of seats at every Panchayat shall be in proportion to the population of the communities in that Panchayat.for whom reservation is sought. Provided the reservation for seats for Scheduled Tribes are not less than one-half of the total number of seats.

22. 2. All seats of Mukhias are reserved for ST 3. All seats of Up-Mukhias are open 4.All seats of Chairpersons in Panchayats at all levels shall be reserved for Scheduled Tribes. 5.50% of these will be reserved for women by rotation. 6.All seats of Pramukhs are reseved for ST out of which 50% are reserved for women.

23. 7. All Up- Pramukh seats are open. 8. All Adhyaksh posts of Zila Parishad are reserved for ST out of which 50% are reserved for women. 9.All Up-Adhyaksh seats are open.

24. These are all well and good but we have to see what the legislature of the state of Jharkhand has done to comply with the provision of the act. The Jharkhand government has at last held the Panchayat Raj election after nearly 30 years and it appears that all AMM JANTA participated with excitement and high expectation. But the AMM JANTA has not really appreciated its consequences and effects on their lives.

25. As regards the Scheduled Areas, the provisions under P E S A are still in the process of notification and implementation. Gram Sabhas are awaiting formation and most people are not aware of its importance and benefits

26. ADVANTAGES/BENEFITS The dream of FATHER OF THE NATION will be fulfilled and Gram Swaraj will reach the grass roots and the villagers can look after their own affairs. BUT there is a big if; The AMM Janta at the village level need to be aware of their rights. They need to be empowered and given back their voice

27. All newly elected members of Gram Panchayats, Panchayat Samitis and Zila Parishads need to be made aware of their rights and trained to run the system. And most importantly they need to call a Zihad against corruption and Bhrastacharj

28. The power and influence of the traditional and customary systems of Pradhan/Manjhi, Munda Manki and Mahto etc will be enhanced.

29. DISADVANTAGE The Adivasi communities will be put at disadvantage position if the P E S A is not implemented properly The Adivasi people will feel isolated and excluded The tradional Pradhan/ Manjhi, Pahan and mahto will be left only with social functions

30. They are likely to lose traditional rights and control over land, water and forest of their villages. All communities are likely to be the victims of Bharastacharj and corruption. Party Politics will enter the village life and divide the communities in to different factions Economic and social development will suffer.

31. AND THE DREAM OF THE FATHER OF THE NATION MAHATMA GANDHI WILL BE SHATTERD. DHANYABAD & JOHAR