The Hindu Editorial Analysis, Agitation In Ladakh
In Today’s ”The Hindu Editorial Analysis on Agitation In Ladakh”, we will discuss: What Is Happening In Ladakh? About Sixth Schedule of the Indian Constitution, About Article 244 of the Constitution, About Leh Apex Body (LAB), About Kargil Democratic Alliance (KDA), About Autonomous District Council, etc.
Constitutional Safeguards for STs
What Is Happening In Ladakh?
- On January 26 one of Ladakh’s most respected educationists and inventors, Sonam Wangchuk, began a fast in the open in sub-zero temperatures.
- He started a fast when an agitation demanding inclusion in the Sixth Schedule of the Constitution under Article 244 (special protection to tribal population) began.
- He issued an appeal to Prime Minister Narendra Modi to meet this demand. On January 31, Leh held perhaps its largest-ever demonstration with over 20,000 people.
Background
- Two weeks before this, the Leh Apex Body and the Kargil Democratic Alliance, two of Ladakh’s most powerful religious and political organisations, rejected a committee set up by the Central government to examine the status issue.
- They said the committee’s mandate was vague and did not consider the specific demands made by them.
- Student groups and civil society groups too have ramped up their demand for constitutional safeguards.
What does Ladakh demand?
- Despite differences in their political stands, Leh Apex Body(LAB) and Kargil Democratic Alliance(KDA) are now together on shared goals.
- They describe the demands as important to protect Ladakh’s identity, culture and fragile environment.
- They have placed four major demands before the Centre, which include the following:
- Restoration of full statehood,
- Constitutional safeguards under the Sixth Schedule,
- Separate Lok Sabha seats for Leh and Kargil districts, and
- Job reservation for local people.
About LAB And KDA
Leh Apex Body (LAB): Leh’s political and religious bodies formed the Leh Apex Body (LAB) in 2020.
Kargil Democratic Alliance (KDA): In Kargil district, political parties including the National Conference and the Congress and Shia Muslim-affiliated madrassas joined hands to form the Kargil Democratic Alliance (KDA) in November 2020.
Indian Constitution, Salient Features, Preamble, Schedules & Other Details
About Sixth Schedule
- The Sixth Schedule under Article 244 of the Constitution of India provides for the formation of autonomous administrative regions called Autonomous District Councils (ADCs).
- They have some autonomy over legislative, judicial and administrative matters within a state.
- The ADC consists of 30 members with a term of five years, and can make laws, rules and regulations regarding land, forests, water, agriculture, village councils, health, sanitation, village- and city-level policing, etc.
- The Bodoland Territorial Council in Assam is an exception with more than 40 members and the power to legislate on 39 issues.
- Currently, it applies to the north-eastern states of Assam, Meghalaya, Mizoram (three councils each), and Tripura (one council).
States Reorganisation Act 1956
Why Are The People Of Ladakh Agitating Against Union Territory (UT) Status?
Ladakhis had been demanding UT status for many years, and when it was announced in 2019 by the Centre, there had been celebrations across the region. But since 2019, the celebratory mood has considerably diminished and turned into agitation. Many Ladakhis have realised that their real need of relatively free and autonomous functioning and substantial local employment generation is still a mirage. Key Reasons of Agitation:
Threat To Independence
- For 1,000 years, Ladakh was an independent kingdom before being integrated into Jammu and Kashmir (J&K).
- The memory of this long history has not been erased, and it rankles that while it is no longer subject to J&K, Ladakh is now being ruled from New Delhi.
Promise For Sixth Schedule Status Not Fulfilled
- In 2019, the BJP government had announced that Ladakh would get special constitutional status providing it autonomy.
- Before the Ladakh Autonomous Hill Development Council (AHDC) election, Sixth Schedule status was promised to the region, similar to what is seen in some parts of north-east India.
A Fragile Ecosystem
- The Ladakh region’s cold desert ecosystems harbour rare mammals like the wild yak and the snow leopard, and diverse flora.
- Cultures and livelihoods have evolved to be sensitive to the fragility of ecosystems that cannot bear heavy human activity.
- High-altitude pastoralism, agriculture, and trade have been the mainstays of Ladakhi economy and society for centuries.
- Administrators sitting in or appointed from Delhi hardly comprehend what can and cannot work in such a landscape.
- A new airport is under construction, and road construction, including into the relatively unexploited Zanskar region, has been ramped up.
- Ladakh already faces serious problems of landslides, erosion, solid waste and effluents, disturbance to wildlife, and cordoning off common lands for development projects.
- In the name of a ‘carbon-neutral’ Ladakh, mega-solar projects are in the offing; the 2023 Budget has allocated ₹20,000 crore for solar power evacuation and grid integration from a project of 13GW in the ecologically fragile Changthang region.
- So, since Ladakh became a UT, there is even more focus on an exploitative ‘development’ path.
India’s First-ever Night Sky Sanctuary to be Set up in Ladakh
Why does Ladakh want to be part of the Sixth Schedule?
- The Buddhist-dominated Leh district had long sought Union Territory status as it felt neglected by the erstwhile state government, which was dominated by politicians from Jammu And Kashmir.
- The region had four MLAs in the erstwhile Jammu and Kashmir Assembly; But now the administration of the area is completely in the hands of the bureaucrats.
- Furthermore, the changed domicile policy in Jammu and Kashmir has created apprehensions about their land, employment, demographic and cultural identity in the region.
- The Union Territory has two hill councils in Leh and Kargil, but neither of them is under the Sixth Schedule.
- The UTs powers are limited to the collection of certain local taxes such as parking fees and the allotment and use of centrally vested land.
Can Ladakh be included in the Sixth Schedule?
- In September 2019, the National Commission for Scheduled Tribes recommended the inclusion of Ladakh under the Sixth Schedule, noting that the new Union Territory was predominantly tribal (over 97%).
- It also recommended that giving land to people from other parts of the country should be prohibited as its distinctive cultural heritage was in need of protection.
- Notably, no region outside the Northeast has been included in the Sixth Schedule.
- Even in Manipur, which has a predominantly tribal population in some places, the autonomous councils are not included in the Sixth Schedule.
- Nagaland and Arunachal Pradesh, which are entirely tribal, are also not in the Sixth Schedule.
- So, it will be difficult to include Ladakh in the Sixth Schedule. As, the Constitution is very clear, the Sixth Schedule is for the Northeast. For tribal areas in the rest of the country, there is the Fifth Schedule.
- However, it remains the prerogative of the government – if it so decides, it can introduce a bill to amend the constitution for this purpose.
Kurukshetra (September 2022): Livelihood Opportunities for Scheduled Tribes
