RAJ KUMAR
Ranchi, Feb.23: The Adivasi Sengal Abhiyan (ASA) will file a review petition in the Jharkhand High Court or a special leave petition (SLP) before the Supreme Court challenging the high court verdict validating the hereditary headship in Santhal Pargana.
ASA chief and BJP’s former MP Salkhan Murmu said the step will be taken to ensure that social, economic, political justice and reforms can be enriched by incorporating democratic and constitutional values in the tribal village-society.
“It should be noted that the tribal village head is a social engine, accountable for much more than only collaboration in the Santhal Pargana Tenancy (SPT) law. Yet, due to a lack of basic skills and understanding, the tribal village-society has so far been unsuccessful in promoting the tribal agenda to the public, keeping the village unified, rescuing it from religious conversion, and providing leadership in necessary social reform works. On the contrary, the village society is enslaved and driven back in the guise of tradition, custom, and so on,” Murmu said.
Earlier, Murmu commenting on the Jharkhand High Court’s decision said: “The Jharkhand High Court stated in its ruling on February 22 2023 that it is plainly indicated in sections 4 and 5 of the SPT Act. It signifies that the decision was made in compliance with the provisions of the Santhal Pargana Tenancy Act, but it does not appear to be consistent with the spirit and spirit of the Indian Constitution. This is a breach of both the Preamble and Article 13. Due to the traditional hereditary appointment in tribal self-governance system (Majhi-Pargana system) or tribal self-rule system, most of the times village heads (Majhi Baba / Hadam) appointed are illiterate, drunkards, and ignorant of constitutional law.”
“In Santhal Parganas, small children are often appointed as village heads by the deputy commissioners and sub-divisional officers as successors, which is illegal. This SPT law made during the British era may be right for the protection of the land. But the appointment of hereditary village heads as protectors is nothing more than the brokerage of the British. Self-rule has now taken the form of self-absorption by keeping the monarchical system of king’s son becoming king in the tribal village-society even today. In every tribal village-society, the village head and his ‘Chandal’ quartet impose fine on anyone and enjoy the amount of that fine by drinking ‘handi-daru’, social boycott of anyone, declaring anyone a witch while continuing the practice of witchcraft. Wrong, illegal, criminal acts like torturing, killing are being promoted. The village heads also do the work of releasing thieves, rapists and murderers by taking fines. Many such incidents are recorded in Santhal Pargana. The village head also bargains for the votes of the village community during elections,” he added.
The tribal leader further mentioned that the decisive role of the village head in marriage, Shradh, Chhathiyari, Puja recitation, Parab festival etc. forces the people of the village society to live like slaves.
“He is also accused of holding fake Gram Sabha in the name of Gram Sabha. Social, economic, political justice and development of most of the tribal village-society is obstructed due to hereditary illiterate, drunkard village heads. It is now imperative to include democratic and constitutional elements in it. Otherwise, the violation and killing of the constitution, law and human rights along with democratic values will continue,” he mentioned.
Associating the issue with PESA Act 1996 he justified SLP.
“PESA Panchayat Act-1996 is applicable in 10 states of India. Earlier it was prohibited under Article 243M of the Constitution. But when the Dilip Singh Bhuria Committee report underlined and recommended that the village heads etc. (Majhi-Pargana, Manki-Munda etc.) of tribal self-governance are hereditary, not democratic. Therefore, Gram Panchayat elections should be held in the scheduled area also in a democratic manner according to the Constitution of India. But for the protection of tribal interests, all the posts of presidents of panchayats, i.e. chiefs, chiefs in blocks, presidents of district councils in districts, etc. should be reserved for tribals. The Parliament of India accepted this as appropriate and favorable and passed the PESA Panchayat Act 1996,” he said.
