​Act North: On the Needs of Ladakh

Recently, the Union Government notified new policies on reservation, languages, domiciles, and the composition of hill councils for Ladakh, which became a Union Territory in 2019.

New Rules and Regulations

• Post-Article 370 Developments: The withdrawal of Article 370 in 2019 led to the bifurcation of the erstwhile State of Jammu & Kashmir into two Union Territories (UTs) — J&K and Ladakh. 
  • This raised concerns in Ladakh over the protection of land, language, and culture.
• Job Reservation: A key provision includes up to 85% reservation for indigenous people in government employment. This aligns with similar high reservation quotas in the Northeastern States.
• Comparisons with Northeastern States: Mizoram: 92% reservation, Arunachal Pradesh: 80% reservation.  These benchmarks lend legitimacy to Ladakh’s demand for protection of native interests.
• Domicile Policy for Ladakh: To qualify as a domicile of Ladakh, one must have a continuous 15-year stay from 2019 in the region. This effectively excludes post-2019 migrants from being considered domicile before 2034.
• Comparison with J&K UT: In contrast, the UT of Jammu & Kashmir considers individuals with a 15-year stay as registered migrants as eligible for domicile.
• Reservation for Women: The new policy mandates that one-third of seats in hill councils will be reserved for women, enhancing gender representation in local governance.
• Official Language Policy The notified official languages of Ladakh are English, Hindi, Urdu, Bhoti, Purgi. This policy aims to reflect and preserve linguistic diversity in the region.

Core Demand of the People of Ladakh

• Demands of Ladakhi Civil Society: Despite the Centre’s measures, civil society organisations in Ladakh argue that these fall short of their core demands, which include:
  • Full Statehood for Ladakh
  • Inclusion in the Sixth Schedule of the Constitution (for tribal protection)
  • Demand for one Lok Sabha seat each for Leh and Kargil.
  • Creation of a Public Service Commission
• Sixth Schedule demand: The Sixth Schedule of the Indian Constitution provides for autonomous district councils in certain tribal areas, primarily in the Northeast. 
  • Ladakh’s tribal-majority population seeks similar safeguards to protect its identity, culture, and land from external pressures and demographic shifts.
• Joblessness: A lack of employment opportunities, especially among the youth, has been a major cause of unrest in Ladakh since 2019.
• Vacant Gazetted Posts: As per a Parliamentary panel, the Union Home Ministry revealed that none of the 1,275 gazetted posts in the UT have been filled since Ladakh became a centrally administered territory in 2019.
  • This bureaucratic vacuum has further alienated the local population.
• Government response: In response to sustained protests in both Kargil and Leh, the Government constituted a High-Powered Committee in 2023, led by Minister of State Nityanand Rai, to examine the region’s demands. This was a result of consistent pressure and public mobilisation by the people of Ladakh.

Criticism and Limitations

• Lack of Constitutional Backing: All regulations made under Article 240, making them amendable by the Centre without legislative input.
• No Land Ownership Restrictions: No legal ban on outsiders buying land, raising concerns over ecological and cultural impacts.
• No Local Legislative Body: Unlike Sixth Schedule councils, LAHDCs lack legislative powers, functioning mainly as administrative bodies.
• Short Domicile Period Criticised: Civil society demands a 30-year domicile condition, arguing that 15 years is too short to protect local identity.

Conclusion

The situation in Ladakh requires urgent and sensitive handling by the Union Government. Ensuring that the people’s identity, rights, and aspirations are constitutionally protected is crucial for internal harmony and national security.