Recently, protests in Ladakh have intensified, with demonstrators demanding statehood and inclusion under the Sixth Schedule of the Constitution.
- Climate activist Sonam Wangchuk ended his 15-day hunger strike after appealing to youth to maintain peace in the five-year-long movement for autonomy.
Background of the Issue
- 2019 Reorganisation: Following the abrogation of Article 370, the Jammu & Kashmir Reorganisation Act divided the former state into two Union Territories — Jammu & Kashmir (with a legislature) and Ladakh (without a legislature).
- Initial Reaction: Unlike J&K, which witnessed unrest, Ladakh initially welcomed UT status, hoping for direct representation and greater autonomy from J&K.
Core Demands of the Ladakh Protest
- Statehood: Full statehood for Ladakh to restore Legislative Powers and secure Self-Governance.
- Sixth Schedule: Inclusion under the Sixth Schedule to protect tribal identity and rights.
- Over 90% of Ladakh’s population belongs to Scheduled Tribes.
Employment: Establishment of a separate Public Service Commission to tackle rising unemployment.
- Representation: At present Ladakh has only 1 Lok Sabha seat.
- Demand for two Lok Sabha seats (Leh & Kargil separately) and one Rajya Sabha seat for greater voice at the Centre.
Drivers of the Protest
- Loss of Autonomy: reduced autonomy of the Hill Development Councils, the curtailment of decision-making powers under direct central administration.
- Protesters argue existing Hill Development Councils are subordinate to the Lieutenant Governor and lack real autonomy.
- Environmental Stress: Fear of indiscriminate mining and industrialisation in ecologically fragile valleys.
- Border Security: Chinese presence along the LAC and loss of grazing lands for Pashmina shepherds.
- Democratic Deficit: UT status without legislature under direct central administration curtails local participation in governance.
- Job Shortage: the shortage of employment opportunities after delinking from J&K’s recruitment boards.
- A government survey shows 26.5% of Ladakh graduates unemployed, the second-highest in India after Andaman & Nicobar (33%).
About Sixth Schedule: Sixth Schedule (Article 244) provides Autonomous District Councils (ADCs) with legislative powers over land, forests, agriculture, water, health, and local policing.
Provisions of the Sixth Schedule
- Article 244(2): Applies to administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
- Autonomous Districts and Autonomous Regions:
- Tribal areas in the four states are administered as Autonomous Districts.
- Governors can divide districts into Autonomous Regions if multiple Scheduled Tribes reside there.
- The governor has the power to organize, reorganize, alter boundaries, or rename districts.
- Constitution of Councils:
- District Council: One for each autonomous district, up to 30 members (maximum 4 nominated by the Governor; rest elected by adult suffrage).
- Regional Council: Separate council for each autonomous region.
- Legislative Powers of Councils:
- Can make laws on matters such as land, forest management (excluding reserved forests), inheritance, and local trading regulations.
- Laws regulating money-lending or trade by non-tribals in tribal areas.
- All laws require the Governor’s assent.
- Revenue and Taxation:
- Councils can assess and collect land revenue and impose taxes on professions, trades, animals, vehicles, etc.
- Power to grant licenses or leases for mineral extraction within their jurisdiction.
- Administration of Justice:
- Councils can constitute Village and District Council Courts for disputes involving only Scheduled Tribe members.
- High Courts retain jurisdiction over cases specified by the Governor.
- Council Courts cannot try cases with punishment of death or imprisonment over five years.
- Developmental Powers: Councils can establish or manage primary schools, dispensaries, markets, cattle ponds, fisheries, roads, transport, and waterways.
- Applicability of Laws: Acts of Parliament or state legislatures do not apply directly or apply with modifications/exceptions in autonomous districts/regions.
- Governor’s Powers: Can appoint commissions to investigate issues related to administration of autonomous districts or regions.
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Broader Implications
- Federalism and Regional Aspirations: Highlights the challenge of balancing strategic security imperatives with democratic demands for autonomy.
- Unity of Leh and Kargil: Rare Buddhist–Muslim solidarity through LAB–KDA, emphasising the seriousness of demands.
- Internal Security: Escalation of peaceful movement into violence risks destabilisation in a strategic border region.
Government Response
- On Statehood: The Centre maintains Ladakh already gained UT status, which was its earlier demand.
- On Sixth Schedule: The government highlights existing safeguards under Hill Development Councils, though protesters view them as ineffective.
- Strategic Concerns:
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- Ladakh’s location on the contested LAC with China makes the Centre reluctant to devolve powers.
- Statehood may complicate troop movements, infrastructure projects, and border security.
Way Forward
- Expanded Hill Council Powers: Strengthen the Leh and Kargil Hill Development Councils by granting greater legislative and financial autonomy.
- Job and Land Safeguards: Introduce special reservations and legal protections to secure tribal livelihoods and prevent land alienation.
- Incremental Autonomy: Explore models of enhanced Union Territory status, short of full statehood, similar to the Delhi model, to balance national security concerns with local aspirations.
- Dialogue and Trust-Building: Resume structured talks with Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA), ensuring representation of both Leh and Kargil.
- Long-Term Compromise: The Centre may retain Ladakh as a UT for strategic reasons but offer concessions on governance, jobs, and land — a middle path between statehood and status quo.
Conclusion
The Ladakh Protest reflects local aspirations for autonomy, representation, and safeguards. Constructive dialogue and institutional reforms are crucial to maintain stability.