Context: The government in Jharkhand had decided to drop “all cases” related to the Pathalgadi movement of 2017-2018.
What is Pathalgadi?

• Pathalgadi is a tribal custom of erecting stone plaques on the tomb of tribal people in Jharkhand.
• It consists of 32 tribal communities.
• It is done in honor of their ancestors, to announce important decisions to mark the boundary of their villages.
• With the force of Provisions of the Panchayats (Extension to Scheduled Areas) Act (PESA) the practice of erecting stone plaques in villages with provisions of the Act inscribed on it started.
• This was done to empower people belonging to the 5th Schedule area on their legal and constitutional safeguards. 

What is Pathalgadi movement?

• According to Chotanagpur Land Tenancy Act, 1908 and the Santhal Pargana Tenancy Act, 1949, a tribal can buy or sell their land only to another tribal.
• Through passing an ordinance amending Land Acquisition Act (Jharkhand Amendment) in 2017 and awaited Governor’s approval.
• However, the bill never got the go ahead as tribals started erecting stones in their villages with PESA provisions highlighting their rights which came to be known as Pathalgadi movement.
• Adivasis are the original inhabitants and owners of India

Demands of Pathalgadis

• Self-rule: The government should enter their area with Gram Sabha permission only.
• They quoted Article 19 (5) of the Indian Constitution, outsiders are not allowed to live and work in adivasi villages without permission.
• They did not believe in Voter-ID cards or Aadhar cards, saying that it is for ‘common people’, and they did not follow it since they “khas admi”.
• They did not believe in constitution and also they rejected government services. 

Powers to safeguard and protect the interest of tribal population

• Governor of a state have the special powers to safeguard and protect the interests of the tribal population which includes:
• Examining the laws enacted by the parliament or legislature and restrain or allow it keeping the interests of the tribals in tune with customary law, social and religious practices among others.

Important judgements and provisions
Samatha Judgment

• It seeks to preserve the tribal autonomy, their culture and economic empowerment, to ensure social, economic and political justice, and preservation of peace and good governance.

Rami Reddy vs. Andhra Pradesh 1988

• Special legislations cannot be held to be unconstitutional on the ground of violation of other fundamental rights, such as Article 14 and 19(1)(g) and others.

Provisions that reiterate supremacy

• Traditional Gram Sabha and traditional Adivasi governance systems
• Rights of Adivasis over land
• The restricted rights of non-adivasis and outsiders in the scheduled areas to settle down and work

Issues

• The governor never exercised its power to implement 5th schedule provisions and PESA in letter and spirit.

There is less clarity on the role of Gram Sabhas in case of:

• Minor mineral
• Ownership of minor forest produce
• Power to manage the Agri-produce market
• The tribal population in the decision-making apparatus remains very low.

What was the JMM-led government’s promise on Pathalgadi?

• Withdrawal of ‘all cases’ related to the Pathalgadi movement was the first cabinet decision of the government in Jharkhand.
• A committee was formed and it recommended withdrawal of IPC section 124A (sedition) from 17 cases of the total.

Key Facts: Tribals form more than 1/4th of Jharkhand’s population.