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Ladakh is witnessing a significant wave of protests, prominently highlighted by Sonam Wangchuk's hunger strike. Wangchuk’s protest has brought attention to unsustainable development practices threatening the region's delicate ecosystem. Furthermore, the protests are fueled by local demands for greater autonomy and protection of land and job rights following the creation of Ladakh as a separate Union Territory in 2019.
REASONS FOR ON-GOING PROTESTS IN LADAKH:
Demand for Inclusion in the Sixth Schedule:
The central demand of the protests is the inclusion of Ladakh in the Sixth Schedule of the Indian Constitution, which would allow for greater autonomy by enabling the formation of Autonomous District Councils. These councils could legislate on matters such as land use and employment, crucial for protecting the tribal majority of Ladakh from external influences and preserving their cultural heritage??.
Sixth Schedule:
The Sixth Schedule of the Indian Constitution provides for the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram. Inclusion under this schedule allows for the creation of Autonomous District and Regional Councils (ADCs and ARCs).
These councils have the authority to enact laws and manage various aspects such as forest management, agriculture, village and town administration, inheritance, marriage, divorce, and social customs.
A significant part of their autonomy includes the ability to establish village councils or courts specifically for resolving disputes among members of Scheduled Tribes and appointing officers to oversee the enforcement of these laws. Moreover, they can impose taxes, collect land revenue, regulate trading and money lending, and manage royalties from natural resource extraction.
These provisions empower tribal regions with considerable self-governance to preserve and manage their traditional ways of life and local resources.
Loss of Special Status and Legislative Autonomy:
The abrogation of Article 370 removed the special status that provided autonomy to the region. Following this, Ladakh was declared a Union Territory without its own legislature, unlike Jammu and Kashmir which retained an elected assembly. This change has left Ladakh without local legislative representation, sparking demands for governance reforms and constitutional safeguards to protect local rights and cultural identity??.
Environmental and Cultural Preservation:
Environmentalist and reformer Sonam Wangchuk has highlighted the environmental threats to the region due to unsustainable development practices. His protests, including a notable hunger strike, have raised awareness about the need to protect Ladakh's fragile ecosystems from industrial exploitation and climate change. This aspect of the protests underscores the intersection of environmental sustainability and cultural preservation?.
Concerns Over Land and Job Security:
Since becoming a separate Union Territory, residents of Ladakh no longer have special rights in job reservations and land ownership that were previously protected under the state laws of Jammu and Kashmir. This has heightened fears of demographic change and economic marginalization of the local population, driving demands for job reservations and the establishment of a Public Service Commission to oversee employment opportunities for locals?.
Political and Strategic Considerations:
The geopolitical importance of Ladakh, especially in the context of border tensions with China, adds another layer to the demands. The local population seeks more significant involvement and control in decision-making processes that affect their land and lives, amidst national and international security concerns?.
The protesters are not only seeking to regain some of the autonomy and protections they lost but are also striving to ensure that their environmental, cultural, and demographic concerns are addressed in the face of rapid political and economic changes??.
LADAKH:
Location and Size: Ladakh is situated in the northern and eastern parts of the Kashmir region at the northwestern edge of the Indian subcontinent. It covers an expansive area of about 45,000 square miles (117,000 square km).
Geography: The region includes the Ladakh Range, a southeastern extension of the Karakoram Range, and the upper Indus River valley. Its landscape is characterized by high plains and deep valleys.
Altitude and Climate: As one of the highest regions globally, Ladakh's elevation varies significantly, with some areas like Rupshu standing at around 13,500 feet (4,100 meters). The climate is generally harsh, particularly in the Zaskar Range, where the cold confines residents and livestock indoors for much of the year.
Key Areas
Rupshu: Known for its large, brackish lakes at a consistent elevation.
Zaskar Range: Noted for its inaccessibility and severe cold, with the Zaskar River flowing northward to join the Indus River below Leh.
Valley Villages: Areas where agriculture is practiced through manuring and irrigation by locals living at elevations between 9,000 and 15,000 feet (2,750 and 4,550 meters).
Economic Centers
Leh: This is the most accessible town in Ladakh, serving as an important trade center located 160 miles (260 km) east of Srinagar. It functions as a vital hub for commerce within the region.
SIGNIFICANCE OF LADAKH:
Ecological Role: Ladakh, a high-altitude desert, supports unique wildlife such as the snow leopard and Tibetan antelope, and provides vital freshwater from its glaciers to the Indus River. Wetlands like Tsomoriri and Pangong Tso are crucial for migratory birds and recognized as Ramsar sites, highlighting their global ecological significance.
Strategic Significance: Strategically located at the intersection of South, Central, and East Asia, Ladakh's rugged terrain and high altitudes are vital. It has been a hotspot in the India-China border conflicts, notably during the recent skirmishes in the Galwan Valley. This has led to increased militarization in the region.
Cultural Heritage: Ladakh is a melting pot of Tibetan, Buddhist, and Muslim influences, reflected in its cultural festivals like Losar (Tibetan New Year) and the Hemis festival. Significant cultural landmarks include Thiksey and Hemis monasteries, which are centers of learning and spirituality.
Economic Importance: Ladakh's economy is primarily driven by tourism, with the town of Leh serving as a major tourist hub. Visitors are attracted to its unique culture, Buddhist monasteries, and stunning landscapes. Local agriculture, though limited, focuses on cultivating hardy crops like barley and rearing livestock. Additionally, the region explores renewable energy potentials, particularly solar energy.
Geopolitical Impact: On a geopolitical scale, Ladakh's development is crucial for India's strategies in Central Asia, particularly in light of the on-going India-China conflict. The Indian government has invested heavily in infrastructure to improve regional connectivity and stability, enhancing both military logistics and economic development.
ARGUMENTS IN SUPPORT OF LADAKH'S DEMAND FOR INCLUSION IN THE 6TH SCHEDULE
Protection of Tribal Rights: Supports the self-governance of Leh and Kargil's Scheduled Tribes, crucial post-Article 370 abrogation, to preserve their cultural identity and customs amidst significant political changes. For instance, the National Commission for Scheduled Tribes recommended the inclusion of Ladakh under the Sixth Schedule, noting that the new UT was predominantly tribal (more than 97%).
Enhanced Self-Governance: Establishes Autonomous District Councils (ADCs), vital for addressing local needs and providing effective governance near the strategic Indo-China border, enhancing security and local support.
Effective Resource Management: Enables local councils to manage Ladakh's rich resources, essential after Jammu and Kashmir's bifurcation, promoting sustainable practices crucial for the region’s ecological balance.
Economic Development and Employment: Facilitates local control over economic activities, aligning job creation with local needs, critical for economic stability in a newly formed Union Territory.
Legal and Social Order: Permits village courts to resolve disputes based on local customs, providing culturally appropriate justice, essential in maintaining harmony in a geopolitically sensitive area.
Prevention of Land Alienation: Implements legal safeguards against the external acquisition of tribal lands, protecting local demographics and land ownership following the region’s administrative restructuring.
Cultural Preservation: Empowers councils to oversee education and cultural practices, preserving local heritage post-bifurcation and amid broader national policy shifts.
Political Stability and Peace: Enhances local autonomy to address grievances and self-determination needs, promoting stability and peace in a region affected by border tensions and recent constitutional changes.
ARGUMENTS AGAINST:
Impact on Economic Growth: Critics argue that Sixth Schedule status could restrict economic development in Ladakh by imposing limitations on land use, resource exploitation, and attracting investments, crucial for infrastructure advancements in this strategically important region.
Governance and Decision-Making Delays: Incorporation into the Sixth Schedule could complicate the governance structure of Ladakh, potentially leading to bureaucratic inefficiencies and slower decision-making processes in a region where timely governance responses are crucial.
Efficient Security Coordination: As a Union Territory directly governed by a Lieutenant Governor appointed by the central government, Ladakh benefits from a clear and efficient chain of command. This is vital for security operations, especially in coordinating military and paramilitary responses to border issues with China
Redundancy in Socio-Economic Efforts: The central government has already emphasized efforts towards the socio-economic development of Ladakh's tribal population, with ongoing initiatives and sufficient funding aimed at enhancing the region's development, questioning the need for Sixth Schedule inclusion.
Legal and Administrative Complexity: Including Ladakh in the Sixth Schedule would require a constitutional amendment, as the current Constitution limits Sixth Schedule provisions to the Northeastern region. This poses significant legal hurdles and a complex legislative process.
WAY FORWARD:
Article 371-like Protections: Implement special protections similar to Article 371 to safeguard Ladakh's unique demographic and cultural traits without full Sixth Schedule status.
Article 371 of the Indian Constitution includes special provisions tailored for specific states to address unique local challenges and preserve cultural integrity. For instance, it grants special responsibilities in Maharashtra and Gujarat for establishing development boards in regions like Vidarbha, Marathwada, Saurashtra, and Kutch to ensure equitable development. Similarly, Article 371A ensures that Nagaland has autonomy over Naga customary law and local religious or social practices.
Establishment of Local Governance Structures: Explore the creation of Autonomous District Councils with tailored legislative powers for critical areas such as land use and employment.
Focused Environmental Regulations: Enforce strict environmental regulations to protect Ladakh’s fragile ecosystems, supported by a dedicated regulatory authority.
Cultural Preservation Initiatives: Support and promote Ladakh’s cultural heritage through funding local festivals and educational programs that emphasize traditional knowledge.
Economic Development Programs: Develop tailored economic initiatives that leverage Ladakh’s unique resources, like solar energy and eco-tourism, to ensure sustainable local employment.
Enhanced Security and Infrastructure: Prioritize strategic infrastructure investments to improve regional connectivity and integrate local insights into broader security strategies.
Dialogue and Engagement: Maintain continuous dialogue with local leaders and communities to refine policies and ensure the effective addressing of local grievances.
PRACTICE QUESTION:
Q. Critically analyse demands for the inclusion of Ladakh in the Sixth Schedule of the Indian Constitution.(15 marks, 250 words)
