People's Democracy

  Resolution on Jharkhand HC Judgment

The following resolution was adopted at the extended meeting of the Tribal Coordination Committee held in New Delhi on October 4-5, 2005

The September 2, 2005 judgement of the Ranchi High Court inter alia striking down 2nd proviso of section 4(g) of the Provision of Panchayat (Extension to Scheduled Areas) Act, 1996 and ordering the state government of Jharkhand to hold panchayat election in the state without any discrimination between scheduled areas under the V schedule of the Constitution and non-scheduled areas is a big blow to the interests of scheduled tribes not only in Jharkhand, but also in nine states, including Jharkhand, affecting more than 5 crore adivasis in the country.

The judgement militates against constitutional provisions enshrining special clauses for protection of scheduled tribes among the most vulnerable, marginalised and exploited sections of society.

It is the bounden duty of the central government to intervene in the court to defend its own law.

The decision of the Jharkhand government not to challenge the judgment in the Supreme Court is condemnable and has exposed the BJP-led government’s anti-tribal attitude.

The meeting supports the decision of the Jharkhand state committee to challenge the judgment in the Supreme Court.