INTRODUCTION
After Manipur, huge demands are being raised and protests to include Ladakh in the 6th schedule. In 2019, Ladakh was given UT status without any legislation, in protest against which the general public is demanding that Ladakh be declared a state and included in the Sixth Schedule of the Constitution to protect the fragile ecosystem and cultural identity of the people. Around 97% of the population in Ladakh belongs to Scheduled Tribes, which have their own culture which needs to be preserved and promoted. Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA) both represent organizations that are demanding statehood and protesting to impose their demands for land employment, and cultural identity. Earlier a four-point proposal was presented by LAB and KDA[1] to the Lieutenant Governor of Ladakh, which includes statehood and a sixth schedule. Any citizen can buy land in the area of Jammu and Kashmir without being domiciled according to a notification of the Union of Home Ministry, After the partition of Jammu Kashmir and Ladakh into two union territories in 2019. This is the concern area of the local people of Ladakh and this is a threat to their land and cultural identity.
The decision of reorganization of Jammu and Kashmir was welcomed by both organizations But their enthusiasm ended when Ladakh was declared a union territory without any assembly. To give a push and to spotlight the protest both the organization and climate activist Sonam Wangchuk declared a ‘ fast unto death’ climate fast.
EMERGING ISSUES FOR ‘STATEHOOD’
There are some concerns of local people of the newly made union territory Ladakh, regarding their culture, land, and representation in the Parliament which leads to demand for inclusion in the Sixth Schedule.
Protection of Cultural identity:According to the Census of 2011 Ladakh’s 97% population belongs to ST like Gujjars, Bakarwals, Bots, Changpas, Baltis, and Purigpas which have their own distinctive culture and traditions, may be preserved and protected under the Sixth schedule.
Conservation of Fragile ecosystem:Ladakh is surrounded by high-altitude deserts, glaciers, and alpine meadows and is full of crucial habitats for rare and endangered species that may be destroyed by mining and industrialization.[2]
Lack of political representation: In 2019, two separate UTs were created through the Jammu and Kashmir Reorganization Act, In which Ladakh was kept without legislation. To ensure political representation and autonomy sixth schedule status is being demanded.
Lack of employment opportunities: There is the absence of a Public Service Commission and comprehensive job policies in the UT. [3]
New Domicile Policy: In 2020, the Union Home Ministry passed a notification notifying that citizens can now purchase land in Ladakh, which is an emerging threat to the lands of local people[4]
CONSTITUTIONAL PROVISIONS
Article 244(2): The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the States of Assam, Meghalaya, Tripura, and Mizoram. To provide for the administration of tribal areas in the northeastern state, to protect tribal land and resources and prohibit the transfer of such resources to non-tribal individuals or communities, to ensure the tribal communities are not exploited or marginalized by non-tribal populations and that their cultural and social identities are preserved and promoted.[5]
EXECUTIVE’S OUTLOOK
Ruling Political parties claimed to provide a Sixth schedule to Ladakh in their manifesto but that promise is still imaginary. According to MHA, only northeastern India can be included in the Sixth schedule and the rest of the tribal areas can be governed in the fifth schedule the recent report presented in Rajya Sabha declares that administration and reservation for the scheduled tree are increased but on 4 March the government directly declined the promises made in their manifestos.
COURT’S VIEWS
Bodo Sahitya Sabha v. Union of India (1989): In this case, the question arises of the creation of an autonomous Bodo region by the inclusion of certain areas of Assam under the Sixth Schedule. The Supreme Court held that the inclusion of new areas under the Sixth Schedule is a matter of policy for the Parliament and the President, and the court cannot issue any directive in this regard.[6]
Samatha v. State of Andhra Pradesh & Ors (1997)[7]the Supreme Court held that the transfer of tribal land to private parties for mining was null and void under the Fifth Schedule.
In this case Prakash Chandra Upadhyay v. Union of India (2003): The Supreme Court dismissed the petition seeking the inclusion of certain areas of West Bengal under the Sixth Schedule stating that the decision to extend the Sixth Schedule to new areas is a matter of policy for the Parliament and the President, and the court cannot interfere in such matters.
RECOMMENDATION OF NCST
According to the recommendation of the National Commission for Scheduled Tribes (NCST), UT can be included in the sixth schedule. Because more than 90% of the population is ST, the hub of distinctive culture, ecosystem and land rights of people must be protected[8].
CLIMATE FAST
Climate activist Sonam Wangchuk declared ‘fast unto death’ to highlight the protest and to protect the ecosystem of Ladakh and appealed to the government that “The government likes to call India the ‘Mother of Democracy’. But if India denies democratic rights to the people of Ladakh and continues to keep it under bureaucrats controlled from New Delhi then it could only be called a stepmother of democracy as far as Ladakh is concerned.”[9]
PROS
After separation from J & K in 2019 Ladakh became UT, without any legislative assembly, inclusion may allow self-governance to locals and their land rights, culture, and ecosystem and also strengthen the democratic institutions.
CHALLENGES
Tribal areas apart from the northeast may be governed under the fifth schedule, for inclusion constitutional amendment is required. It may also hinder Ladakh’s socio-economic development and UT is safe under the direct administration of the Lieutenant governor but is in disputes with China nowadays.
CONCLUSION
To overcome disputes, the government should take cognizance of people’s demands and make a way for a solution. Governments have to ensure fair representation in assembly, protection of their culture and fragile ecosystem, and other rights. There is also a need to enhance local governance and sensitive policy-making and also to win the trust of the people for the better establishment of governance. Representation is the basic right in the democratic state to hear the voice of people through their respective, lack of representation is a crucial matter in a democratic country like India which is known as one of the largest democratic countries in the world. By ensuring representation people may get the opportunity for decision making, to enhance local ownership and fair participation in policy making.
Author(s) Name: Ritika Ahari (University of Rajasthan, Jaipur)
Reference(s):
[1] ANANDO BHAKTO, People are readying themselves to give BJP a befitting reply through ballot’: Leh’s Congress leader Tsering Namgyal( 22 March 2024) , Frontline Magzine<https://frontline-thehindu-com.cdn.ampproject.org/v/s/frontline.thehindu.com> accessed date 22 March
[2] Ladakh in Sixth Schedule: Listen to Local Demand(10 February 2024, Drishti IAS<https://www.drishtiias.com/daily-updates/daily-news-editorials/ladakh> accessed date 19 March 2024
[3] Sajjad Kargili,OpinionWith Ladakh as UT, Local Youth Lost All Access to Public Employment ( 14 March , 2024 ) , The Wire <https://m-thewire-in.cdn.ampproject.org> accessed date 23 March 2024
[4] PEERZADA ASHIQ, Only locals in Ladakh to get ‘Resident Certificate’( September 5 , 2022 ), THE HINDU<https://www-thehindu-com.cdn.ampproject.org> accessed date 20 March 2024
[5] Sixth Schedule – Articles 244 (2) and 275 (1), Northeastern Council GOI <https://necouncil.gov.in/files/sixth-schedule-articles-244-2-and-275-1> accessed date 26 March,2024
[6]Claude AI , Bodo Sahitya Sabha vs Union of India & Ors (1989 AIR 1677, 1989 SCR (3) 1083)
[7] K. Ramaswamy, Samatha vs State Of Andhra Pradesh And Ors on 11 July, 1997 , Indian Kanoon <https://indiankanoon.org/doc/1969682> accessed date 25 March 2024
[8]Ladakh Under Sixth Schedule | 12 Sep 2019, Drishti IAS<https://www.drishtiias.com/daily-news-analysis> accessed date 23 March 2024
[9] Badri Chatterjee, Why Sonam Wangchuk’s climate fast is an opportunity to look at Ladakh’s delicate future (24 March 2024 ) , Hindustan Times<https://www-hindustantimes-com.cdn.ampproject.org/v/s/www.hindustantimes.com> accessed date 24 March 2024
