RANCHI – The Jharkhand High Court turned down the state government’s request to lift a stay on the allotment of sand ghats on Wednesday. This was a big blow for the government. The court was clear: it would not lift the stay unless the government completely followed an earlier order to make guidelines for the Panchayats (Extension to Scheduled Areas) Act (PESA).
The PESA Act, which was passed in 1996 and is now in effect across the country, is a major law that aims to protect the rights of indigenous populations in Scheduled Areas. The law has been in place for about thirty years, but it hasn’t been completely put into action in Jharkhand since the government hasn’t made the laws that are needed. These guidelines are very important since they would give Gram Sabhas (village councils) the power to manage local resources, such sand ghats.
A Fight of Wills: The Court vs. the Government
The High Court’s decision came during a hearing for a contempt petition from the Adivasi Buddhijivi Manch. The group said that the state government didn’t follow a court ruling from early 2024 that told it to tell people about the PESA laws.
During the hearing, Advocate General Rajiv Ranjan, who was representing the state, asked the division bench, which included Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar, to withdraw the stay on the sand ghat allotment. The stay has been in effect since September 9. Ranjan said that the chief minister had been sent a copy of the guidelines and that the process was already going on.
But the bench wasn’t convinced. It kept its stance and said again that no sand ghats will be given out till the PESA norms are in place. The court told the petitioner to file a reply when the Advocate General insisted, saying that the state wanted to go ahead with the auction. This showed that the court was serious about the case. The fact that Panchayat Raj Secretary Manoj Kumar was in the courtroom made the issue even more serious.
The High Court’s strong stance backs up its earlier order from July 29, 2024, which made it clear that the government had to follow the PESA guidelines before starting any auctions of sand ghats or other small minerals.