Updated: December 22, 2020 4:48:06 pm
Jharkhand Chief Minister Hemant Soren during the brainstorming. (Express photo)
Shortly after taking office on December 29, 2019, the Hemant Soren-led government in Jharkhand had decided to drop “all cases” related to the Pathalgadi movement from 2017-2018. Almost a year later, the The Soren government has yet to send a request to the court to withdraw the cases, many of which involved charges of sedition, brought by the BJP government headed by Raghubar Das. Pathalgadi was Soren’s main electoral platform.
Asked about the delay in the implementation of the decision taken by his government in its first Cabinet meeting, Soren, on the Indian Express Idea Exchange program, he said: “When we made the decision, many questions also arose. Some [cases] they were fake … kuchh mein badmashiyaan bhi thi cases (There were problems in some). Not that the matter is stagnant. A solution has been reached in half of the cases, the withdrawal of which has been recommended; in some, the investigation is still pending. “
What is Pathalgadi and how did the movement start?
The word pathalgadi is drawn from a tribal custom of erecting stone plates in the tomb of tribal peoples in Jharkhand, which has 32 tribal communities. It is also done in honor of their ancestors, to announce important decisions about their families and towns or simply to mark the limits of their towns. When the Provisions of the Panchayats (Extension to Programmed Areas) Act (PESA) came into force, former IAS officer BD Sharma, now deceased, began the practice of erecting stone plaques in villages with provisions of the Act inscribed in them. This was done to empower people belonging to the 5th Program area about their legal and constitutional guarantees. The Pathals also cited various orders from the High Courts and the Supreme Court, such as the Samatha ruling, which says to preserve tribal autonomy, culture and economic empowerment, guarantee social, economic and political justice, and preserve peace and good governance. ; P Rami Reddy vs Andhra Pradesh 1988 which says that “special laws cannot be considered unconstitutional on the basis of the violation of other fundamental rights, such as article 14 and 19 (1) (g)” and others. The villagers said they read these provisions and orders to reiterate the supremacy of the powers of the traditional systems of government of Gram Sabha and Adivasi; Adivasis land rights; the restricted rights of non-Adivasis and outsiders in the areas programmed to settle and work; that the Adivasis are the original inhabitants and owners of India.
The Raghubar Das government had attempted to modify the Chhotanagpur Land Tenure Law, 1908 and the Santhal Pargana Tenure Law, 1949, in which a tribe can buy or sell its land only to another tribe, by passing a Ordinance amending the Land Acquisition Act (Jharkhand Amendment). in 2017 and awaiting approval from the governor. However, the bill was never passed due to massive protests from tribal communities. This sparked violence in the state capital and protests took place in various parts of the state. As an extension of this protest, the tribes of Khunti, Gumla, Simdega, Saraikela, West Singhbhum area began to erect stones in their villages with PESA provisions highlighting their rights, which came to be known as the Pathalgadi movement.
What are the powers to safeguard and protect the interests of the tribal population?
Tribals make up more than a quarter of the population of Jharkhand and the areas of Dumka, Godda, Devgarh, Sahabgunj, Pakur, Ranchi, Singhbhum (East and West), Gumla, Simdega, Lohardaga, Palamu, Garwa (some districts have partial blocks tribal) are part of the 5th Program. Gives the governor of a state special powers to safeguard and protect the interests of the tribal population, including examining laws enacted by parliament or the legislature, and consequently restricting or allowing him to keep the interests of tribes in tune with customary law. social and religious practices among others. However, in the absence of this in Jharkhand, the tribal population tried to assert their rights on their own. Siraj, a rights activist in Jharkhand, says: “The governor never exercised his power to implement the provisions of the fifth program and PESA in letter and spirit. The executive has also largely avoided these issues to date. ”For example, there is less clarity on the role of Gram Sabhas in the case of minor minerals, ownership of minor forest products, or power to manage the market for agricultural products. Experts say that the participation of the tribal population in the decision-making apparatus remains very low.
The word pathalgadi is drawn from a tribal custom of erecting stone plates in the tomb of tribal peoples in Jharkhand, which has 32 tribal communities.
What was seen during the Pathalgadi movement?
During the Pathalgadi movement, many villages saw people gathered from the surrounding areas with bows and arrows to “assert their rights.” In August 2017, it was claimed that villagers did not allow a police officer to leave a village. In 2018, it was also claimed that the bodyguards of former Khunti MP Kariya Munda were abducted by supporters of Pathalgadi, who in turn claimed that the police detained “ his people. ” This resulted in a crackdown that led to the death of a tribe, Birsa Munda, named after the freedom fighter. After this, cases were registered against various villagers.
One of the FIRs registered in Murhu village in Khunti district invoked the charge of sedition. It states: “Sambhidhan ki galat vyakhyata karke, Sarkar evam prashashan ke viroodh mein aam logon ko bhadkana…(Misuse of the constitution with an incorrect description and to incite the people against the government and administration) ”.
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What were the demands of the Pathalgadis?
Pathalgadis started calling for self-government and said the government should enter his area with the permission of Gram Sabha. Citing article 19 (5) of the Constitution of India, they said that outsiders cannot live and work in Adivasi villages without permission. The administration’s pamphlet qualifies this as unconstitutional and a violation of fundamental rights. They did not believe in voter identification cards or Aadhar cards, saying it is for ‘common people’, and they did not follow it because “khas adm”. A section of Pathagaldis also follows ‘Kunwar Keshri Sinh of the Sati-Pati cult of Gujarat’s Tapi district’, who said he did not believe in the constitution and also rejected government services. An investigative body that had gone to the Pathalgadi areas, in its report, said: “… While most interpretations of the constitutional clauses written in the Pathals may be incorrect or implausible, they are based on valid questions and demands of the people and the basic idea about the supremacy of Gram Sabha is not bad. “
What happened to the cases?
The Raghubar Das government had leaned heavily on the Pathalgadi movement. The police had brought cases against some 200 named defendants and more than 10,000 unidentified people. A total of 172 people were charged, of which the police had requested judicial sanction against 96 accused. In addition to sedition, the accusations against him included ‘attacking police officers with weapons’,’ Kidnapping MP officers or bodyguards with a well-planned conspiracy ‘,’ instigating locals to create fences equipped with local equipment without any information or permission ‘,’ capture the police station and snatch the weapons from the hands of the police officers ‘,’ create a situation of insecurity, misbehave with government officials ‘,’ provoke the people with their inflammatory speech against the government and the administration ‘,’ creating obstacles in progressive government works and disorderly conduct ‘. Later, within the BJP, a section of people objected to accusing the supporters of sedition. Tribal Affairs minister and a BJP heavyweight in Jharkhand Arjun Munda in an earlier interview with The Indian Express had requested the review of the sedition case.
What was the promise of the JMM-led government about Pathalgadi?
The withdrawal of “all cases” related to the Pathalgadi movement was the first decision of the JMM government cabinet led by Hemant Soren in Jharkhand. A committee was formed and in 30 FIRs, among the 19 cases in which the sedition charge was invoked, the committee recommended the withdrawal of section 124A (sedition) of the IPC from 17 cases. Most of the cases were registered in 2018 and some in 2017.
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