WHAT IS PATHALGADI MOVEMENT

Why in News
 Why in News
On December 29, 2019, Hemant Soren took oath as the 11th chief minister
of the Jharkhand.

Immediately after taking charge Soren-led government had decided to

drop “all cases” related to the Pathalgadi movement of 2017-2018.

Almost a year later, the Soren government is still to send a requisition to

the court to withdraw the cases related to the Pathalgadi movement .
 What is Pathalgadi Custom?
The word pathalgadi is drawn from a tribal custom of erecting stone
plaques on the tomb of tribal people in Jharkhand.

It is also done in honour of their ancestors, to announce important

decisions regarding their families and villages.

In addition to this the custom is also used to simply mark the boundary
of their villages.
 PESA and Pathalgadi

Panchayats (Extension to Scheduled Areas) Act is a law enacted by

Government of India to cover the “Scheduled Areas”, which were not
covered in the 73rd Constitutional amendment.

When PESA came into force, former IAS officer BD Sharma started the
practice of erecting stone plaques in villages with provisions of the Act
inscribed on it.

This was done to empower people belonging to the 5th Schedule area on
their legal and constitutional safeguards.
 PESA
PESA extends the provisions of Part IX (THE PANCHAYATS) to the Scheduled
Areas of the country.

The PESA Act was enacted by the Centre to ensure self-governance through
Gram Sabhas for people living in scheduled areas.

Gram Sabha were entrusted with wide ranging powers starting from
consultation on land acquisition to that of ownership over minor forest
produces and leasing of minor minerals.
 Pathalgadi and Tribal Empowerment
The villagers said that they read these provisions
to reiterate supremacy of powers of traditional
Gram Sabha.

These stone plaques also helped in making tribal

people aware of
Rights of Adivasis over land
The restricted rights of non-adivasis and
outsiders in the scheduled areas.
Adivasis are the original inhabitants and owners
of India.
Pathalgadi and Raghubar Das Government
In November 2016, Jharkhand Assembly passed two amendments
allowing acquisition of tribal land for developmental projects.

The Pathalgadis accused the Raghubar Das government of snatching

away the rights of the tribal people of Jharkhand after some
amendments were made to the CNT and SPT laws.

Chotanagpur Tenancy Act (CNT), 1908, what was achieved by the Birsa Munda
movement, prohibited the transfer of tribal land to non-tribals while favouring
community ownership.
The Santhal Parganas Tenancy Act (SPT) of 1949 maintained the same position.
Pathalgadi and Raghubar Das Government
Tribal groups and Opposition parties erupted in vociferous protests.

In May 2017, Governor Draupadi Murmu returned the Bills for

reconsideration.

The Raghubar Das government finally withdrew the Bills in August 2017.
 Land Acquisition Act, 2013
In August 2017, Jharkhand Government introduced Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act 2013 (Jharkhand Amendment) Bill.

This bill was passed by Jharkhand Assembly. The Bill still awaits approval
of the governor.

The amendments pertained to waive off social impact assessment

(SIA) for acquisition by the government for 10 specific purposes.
 Pathalgadi Movement
It caused fresh wave of protests which led to violence in the state
capital and protests were held in various parts of the state.

As an extension to this protest, the tribals of Khunti, Gumla, Simdega,

Saraikela, West Singhbhum area started erecting stones in their villages
with PESA provisions

This stones highlighted their rights and the movement came to be

known as Pathalgadi movement.
 Movement turned Violent
During the Pathalgadi movement, many villages
saw people gathering from surrounding areas
with bows and arrows to ‘assert their rights’.

In August 2017, it was claimed that a police

officer was not allowed to leave a village by the
villagers.
 Government Suppression
In 2018, it was also claimed that former Khunti’s MP Kariya Munda’s
bodyguards were abducted by Pathalgadi supporters.

The Raghubar Das government had come down heavily on the Pathalgadi
movement.

The police had filed cases against about 200 named accused and more than
10,000 unnamed people.

Out of which police had sought prosecution sanction against 96 accused

 Government Suppression
Apart from sedition, accusations against them included
Attacking the police officers with weapons
Kidnapping officers or body guards of the MP with well-planned
conspiracy’, ‘
Instigating locals to create hurdles equipped with local equipment
without any information or permission’,
Capturing the police station and snatching the weapons from the
hands of police officers’,
Provoking the people with their inflammatory speech against
government and administration
 Demands of Pathalgadi
The gram sabhas should get all the funds earmarked for the tribal sub-plan

The tribal people should not be branded as naxals and sent to jail

Changes in the land acquisition laws should be revoked

All police and paramilitary forces should be withdrawn from the Scheduled
Areas and their camps dismantled

A separate education board - Adivasi Board - with distinct syllabus should

be created for tribal students
 2019 Jharkhand Elections

In December 2019, ahead of the state’s Assembly elections, Hemant Soren’s

father and the party’s President Shibu Soren promised to drop the cases if
his party was elected.

Withdrawal of ‘all cases’ related to the Pathalgadi movement was the first
cabinet decision of the Hemant Soren-led JMM government in Jharkhand.
 Current Scenario
Pleas filed under the Right to Information Act showed that The district panel
has recommended the withdrawal of only around 60% of the overall cases
filed.
 STAY TUNED…

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