Ladakh agitation | SabrangIndia News Related to Human Rights Tue, 22 Oct 2024 06:58:03 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Ladakh agitation | SabrangIndia 32 32 A victory for Ladakh’s voices: Sonam Wangchuk and Ladakhi activists break 16-day fast as union government agrees to renew talks on demands https://sabrangindia.in/a-victory-for-ladakhs-voices-sonam-wangchuk-and-ladakhi-activists-break-16-day-fast-as-union-government-agrees-to-renew-talks-on-demands/ Tue, 22 Oct 2024 06:55:40 +0000 https://sabrangindia.in/?p=38344 From Ladakh to Bengaluru, support for Wangchuk’s fast and the call for the sixth schedule in Ladakh had grown as activists, leaders, and citizens unite to safeguard the region’s culture and environment.

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]]> After a determined 16-day fast, climate activist Sonam Wangchuk and a group of around 20 Ladakhis ended their protest on October 21, 2024, at Ladakh Bhawan in New Delhi. Their fast, which began on October 5 and saw them survive only on water and salt, was undertaken to pressure the Union government into resuming talks regarding Ladakh’s constitutional and developmental demands. These include the implementation of the sixth schedule to grant the Union Territory greater autonomy and protection for its people and environment.

The fast concluded after Union Home Ministry officials, led by Prashant Lokhande, Joint Secretary for Jammu and Kashmir and Ladakh, delivered a letter to Wangchuk. This letter confirmed that the high-powered committee (HPC) on Ladakh, headed by Nityanand Rai, Minister of State for Home Affairs, would meet on December 3, 2024, to restart talks. Lokhande personally handed Wangchuk a glass of juice to mark the end of the fast. Wangchuk, alongside other Ladakhi activists, accepted the gesture, signalling the temporary resolution of their immediate demand for the resumption of dialogue.

(Details of Sonam Wangchuk’s fast may be read here, here and here) 

A renewed hope for meaningful dialogue

Wangchuk, addressing the press through a live stream on his YouTube channel, expressed cautious optimism. “Our main appeal has been resolved,” he said, referring to the renewal of talks that had been stalled for months. “I hope both sides engage in these discussions with solidarity and good faith, aiming for outcomes that benefit not just Ladakh but the entire nation.”

Other leaders from the Ladakh Apex Body (LAB) and the Kargil Democratic Alliance (KDA), who had been fasting alongside Wangchuk, shared his sentiment. Sajjad Kargili, a member of the KDA and the 17-member HPC, noted that their primary demand was the resumption of meaningful talks on Ladakh’s development. “We hope the leadership will hold crucial discussions on our four demands. The date has been set, and we look forward to participating in these talks,” Kargili said.

Leaders like Tsering Dorjay Lakruk, co-chairman of LAB, echoed these hopes, expressing gratitude to those who supported their movement. “It was a true display of unity in diversity in India,” Wangchuk added, acknowledging the solidarity shown by students, NGOs, and citizens across the country. The fast, though arduous, symbolised a collective desire for Ladakh’s future to be shaped by its people.

Looking forward, cautiously optimistic

Though relieved that their primary demand had been met, the Ladakhi leaders made it clear that the journey is far from over. Chering Dorjay Lakruk, president of the Ladakh Buddhist Association (LBA), emphasised that while talks would resume, their demands were yet to be fully addressed. “We hope that these talks will lead to a meaningful solution,” he said, stressing the importance of sustained and sincere dialogue with the Union government.

Ladakh’s MP Mohmad Haneefa also voiced his hope that the government would take their concerns seriously and work towards a lasting resolution. The fast, he noted, had become necessary after months of silence from the government following the Lok Sabha elections.

As the Ladakhi delegation prepares to return home, Wangchuk expressed hope that such drastic measures would not be required again. “I hope this is the last time we need to fast for our demands,” he said. Though they leave with their “main appeal fulfilled,” the Ladakhi people remain cautious, hoping that the upcoming talks in December will bring tangible outcomes for Ladakh and the preservation of its fragile environment.

Widespread solidarity for Sonam Wangchuk’s cause

On October 20, climate activist Sonam Wangchuk received a powerful show of support when Jagadguru Shankaracharya visited his protest site at Martyrs Park in Leh. The visit marked the 15th day of Wangchuk’s indefinite fast, which he had undertaken along with 20 fellow Ladakhis to press for the implementation of the sixth schedule in Ladakh. Wangchuk shared his gratitude via social media, stating, “From villages bordering China and Pakistan to the city of Leh, people observed a fast in solidarity. In Delhi, hundreds came to join us, only to be forcibly detained and bundled into buses.” The Shankaracharya’s visit further underscored the growing national support for Ladakh’s struggle.

Two days earlier, on October 18, the National Alliance of People’s Movements (NAPM) had also expressed solidarity with the Ladakhi people’s demand to be included in the sixth schedule of the Constitution. The NAPM, which represents progressive organisations and movements across India, urged the Union government to fulfil its promise of meaningful dialogue with Ladakhi leaders. The alliance warned that the ecological and cultural fabric of the Himalayas is at risk due to “destructive development.” In a statement, NAPM expressed shock that Wangchuk and his supporters had been forced to launch another indefinite fast after previous assurances from the government were left unfulfilled.

NAPM activists, including prominent figures like Prafulla Samantara—who led a historic 12-year legal battle to protect Indigenous land rights—stood in solidarity with the Ladakhi cause. Through a video message, Samantara and other activists vowed to fast from 8 a.m. to 6 p.m. in support of Wangchuk.

Embed video shared by ma’am on whatsapp

Activists such as Medha Patkar, Arundhati Dhuru, Suniti S R, Neelam Ahluwalia, and others also lent their voices to the movement, calling on Indian citizens to rally behind Ladakh’s demands. NAPM emphasised the need for the government to engage in peaceful dialogue with Ladakh’s people, respecting their constitutional rights and their call to preserve both Ladakh’s natural beauty and its Indigenous communities.

In addition to national organisations, regional groups have also shown their support. On October 14, Friends of Ladakh-Bengaluru organised a one-day fast at Freedom Park to back Wangchuk’s mission. The group echoed his call for Ladakh to be included in the sixth schedule, which would grant Ladakhis greater control over their resources and ensure sustainable development. This wasn’t the first time Wangchuk had taken such a stand—in March, he completed a 21-day climate fast in Ladakh to remind the Union government of its promise to protect the region’s fragile ecosystem and empower its people.

 

Related:

Delhi Chalo padyatra: Sonam Wangchuk begins indefinite fast at Ladakh Bhawan

Why is Ladakh Protesting?

Fulfill Promises Made To People Of Ladakh: Sonam Wangchuk In Fresh Appeal To Modi

 

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]]> Crushing voices: The detention of Sonam Wangchuk and supporters at Ladakh Bhawan https://sabrangindia.in/crushing-voices-the-detention-of-sonam-wangchuk-and-supporters-at-ladakh-bhawan/ Tue, 15 Oct 2024 13:11:12 +0000 https://sabrangindia.in/?p=38282 The Delhi Police’s detention of peaceful protesters, including Sonam Wangchuk, demanding Ladakh’s inclusion in the Sixth Schedule, highlights the state's blatant disregard for constitutional rights under Article 19.

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]]> The recent detention of climate activist Sonam Wangchuk and his peaceful supporters by the Delhi Police on October 13, 2024, marks yet another instance of the state curbing constitutionally protected rights. What began as a peaceful hunger strike and protest in New Delhi to demand Ladakh’s inclusion in the Sixth Schedule of the Indian Constitution quickly turned into an act of state suppression. As per multiple media reports, Wangchuk and his supporters were detained outside Ladakh Bhawan, where they had gathered to voice their demands for greater autonomy for the Union Territory. The heavy-handed response by the authorities reveals a deeper, systemic issue—one where dissent is treated as disorder and democratic rights are consistently undermined. (Previous reports detailing Sonam Wangchuk’s protest can be read here, here and here)

 A peaceful protest met with force

The protests outside Ladakh Bhawan were part of a larger movement led by Wangchuk, who began an indefinite hunger strike on October 6. His primary demand is the inclusion of Ladakh in the Sixth Schedule of the Constitution of India, which would grant the region constitutional safeguards similar to those afforded to tribal areas in the north-eastern states of Assam, Meghalaya, Tripura, and Mizoram. These provisions establish autonomous councils with legislative, judicial, executive, and financial powers, giving these regions control over their own affairs and protecting their cultural identities.

Despite the peaceful nature of the demonstration being led by Wangchuk, the Delhi Police detained Wangchuk and about 20 to 25 protesters, including women, who had come to express solidarity with the cause. Pursuant to the detention, the Delhi police, which comes under the control of the union home minister, cited the absence of permission to protest outside Ladakh Bhawan, emphasising that the application to hold a protest at Jantar Mantar was still under consideration. By 11 a.m. on Sunday morning, approximately 100 supporters had gathered at the protest site. However, the police began blocking roads and making detentions around 10:30 a.m., effectively stifling the gathering. The protesters, who maintained that they were not raising slogans but merely sitting peacefully, were forcefully removed and taken to various police stations.

 Article 19 of the Constitution under blatant attack

This state action against Wangchuk and his supporters is not just an isolated event—it strikes at the heart of Article 19 of the Indian Constitution, which guarantees citizens the fundamental rights to freedom of speech, expression, and peaceful assembly. The police’s justification for their actions was the imposition of Section 163 of Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, a law often used to prevent large gatherings and maintain public order. However, the overuse of Section 163of the BNSS, which is the equivalent of Section 144 of the CrPC, especially in situations where no immediate threat to law and order exists, raises serious concerns about the state’s willingness to uphold democratic rights.

In his public statements, Wangchuk expressed his deep disappointment in the state’s actions, calling it “a sad day for democracy.” He rightly pointed out that Section163 of the BNSS, in its original intent, is meant to be a temporary measure invoked only in exceptional situations. Its permanent imposition in New Delhi’s district, as reported by Wangchuk, is contrary to the democratic spirit of the country and a clear violation of the rights guaranteed under Article 19.

Wangchuk’s protest, which had been a silent fast to “Save Ladakh, Save Himalayas,” was not only a call for statehood and special constitutional protections for Ladakh but also a broader critique of the government’s failure to engage constructively with marginalised communities. The imposition of force against non-violent demonstrators represents an alarming trend in India, where peaceful protests are increasingly met with state-sanctioned repression.

The push for Ladakh’s inclusion in the Sixth Schedule

At the core of Wangchuk’s protest is the demand for Ladakh’s inclusion in the Sixth Schedule of the Constitution. This inclusion would grant the regions indigenous and tribal communities’ greater autonomy over their land, resources, and cultural identity. Following the abrogation of Article 370, Ladakh has been left in a vulnerable position, and the local population fears the loss of their traditional rights. Wangchuk, along with the Leh Apex Body and the Kargil Democratic Alliance, has been advocating for statehood, the establishment of a public service commission for Ladakh, and separate Lok Sabha seats for Leh and Kargil districts.

The group’s demands are not new—they have been persistently pushing for these changes ever since Ladakh was carved out as a Union Territory in 2019. Wangchuk’s march from Leh to Delhi, which culminated in the current protest, is an attempt to draw the attention of top leaders, including Prime Minister Narendra Modi, to these critical issues. However, instead of engaging in dialogue, the government’s response has been to suppress the movement through detentions and legal manoeuvres. (Detailed reports may be read here and here)

 A pattern of state overreach

The detainment of Wangchuk and his supporters on October 13 was not their first encounter with the police. On September 30, while marching to Delhi from Leh, the group was detained at the Singhu border by the Delhi Police and only released on the night of October 2. This repeated use of force against peaceful demonstrators is emblematic of a larger pattern of state overreach. In a democracy, peaceful dissent is a vital component of governance, but the state’s response in these instances appears to be aimed at stifling the voices of those who challenge its authority.

The Delhi High Court is now involved, with the Leh Apex Body filing a petition seeking permission for the protesters to hold a peaceful demonstration at Jantar Mantar. The court has ordered responses from the Delhi Police and the government by October 16, with a hearing scheduled for October 22. This legal battle will serve as a litmus test for the judiciary’s role in safeguarding democratic freedoms.

The erosion of democratic values

Wangchuk’s hunger strike and the protest outside Ladakh Bhawan highlight the deepening crisis in Indian democracy. The increasing use of legal provisions like Section 163 of the BNSS to stifle dissent, the detainment of peaceful protesters, and the state’s refusal to engage with legitimate demands all point to a dangerous erosion of democratic values. The right to peaceful assembly and free expression is at the core of any democratic society. When the state repeatedly undermines these rights, it signals a move towards authoritarianism, where dissent is treated as a threat rather than a vital component of governance.

Wangchuk’s statement that the detentions were not only “sad for us but sad for democracy” underscores the gravity of the situation. By silencing those who peacefully express their concerns, the state is effectively turning its back on the very constitutional principles it is meant to uphold. Instead of finalising a meeting with Wangchuk and hearing the citizens of India out regarding their demands, the union government is focussing on trampling their constitutional rights.

The detention of Sonam Wangchuk and his supporters is more than just an isolated event—it is a symptom of a broader problem in India’s democratic framework. The struggle for Ladakh’s inclusion in the Sixth Schedule, the demand for statehood, and the protection of tribal rights are all legitimate issues that deserve attention, not suppression. As India continues to navigate its complex political landscape, it must remember that the true strength of its democracy lies in its ability to tolerate, respect, and engage with dissent. When the state instead resorts to detentions and force, it is not just choking individual rights but on the very foundations of democracy itself.

 

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]]> Delhi Chalo padyatra: Sonam Wangchuk begins indefinite fast at Ladakh Bhawan https://sabrangindia.in/delhi-chalo-padyatra-sonam-wangchuk-begins-indefinite-fast-at-ladakh-bhawan/ Mon, 07 Oct 2024 13:09:22 +0000 https://sabrangindia.in/?p=38126 Climate activist Sonam Wangchuk sat on an indefinite fast at Ladakh Bhawan in Delhi after “Delhi Chalo Padyatra” protestors were denied permission from Delhi Police to stir at Jantar Mantar, Delhi Police said that the request had been made a very short notice

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]]> Climate activist Sonam Wangchuk has begun an indefinite fast at Ladakh Bhawan in Delhi after being denied permission to protest at Jantar Mantar. Wangchuk and his supporters were seeking to demonstrate for Ladakh’s Sixth Schedule status, but Delhi Police rejected their request citing short notice. The ‘Delhi Chalo Padayatra’ is being spearheaded by the Leh Apex Body (LAB).

Undeterred, Wangchuk and around other protesters started their fast at Ladakh Bhawan, singing protest songs and raising slogans like “Bharat Mata Ki Jai” and “Save Ladakh, Save Himalaya”. This move follows Wangchuk’s “Delhi Chalo Padayatra,” a month-long march from Leh advocating for statehood, a public service commission, and separate Lok Sabha seats for Leh and Kargil districts.

After the Delhi police denied permission to the Sonam Wangchuk and his co-protesters’ request to hold demonstration/Anshan at Jantar Mantar, New Delhi on October 5, 2024.

Sharing a copy of the letter sent by Delhi Police, Wangchuk, in a post on X (formerly Twitter) said “finally this morning we got this rejection letter for the officially designated place for protests. If Jantar Mantar is not allowed then please tell us which place is allowed. We want to abide by all laws and still express our grievance in a peaceful way. Why is it so difficult to follow the path of Gandhi in his own country. There must be a way.”

 


Delhi Police rejected climate activist Sonam Wangchuk’s request to protest at Jantar Mantar, citing non-compliance with guidelines set by the Supreme Court in 2018. The guidelines require a 10-day notice period for protest applications, which wasn’t met. Additionally, Delhi Police noted that the planned demonstration lacked a specific timeframe, making it an open-ended, prolonged event, which isn’t permitted under existing laws and guidelines.

Delhi Police mentioned in its rejection order dated October 5, that the request was not in according with the guidelines framed in compliance of Hon’ble Supreme Court of India’s order dated 23.07.2018 in W.P. (C) No. 1153 of 2017 and other connected Civil Appeals No. 862, 863 and 864 of 2018. Delhi Police pointed out that the “applications for holding any protest/demonstration at Jantar Mantar shall be move at least 10 days prior to the planned event’s date.”

Notably, Delhi Police also said that planned-demonstration lack timeframe and the request of the protesters could not be acceded to, as this Anshan is going to be prolonged one. Delhi Police added that “there is no provision under the extent laws, rules and guidelines under which permission can be granted for any kind of ‘anshan’, let alone an open ended, without timeframe, mass event, as discernible from the application.”

However, on Saturday, a majority of the protesters returned to Ladakh while the remaining stayed back to join Wangchuk for the fast at Ladakh Bhawan.

Wangchuk on hunger strike at Ladakh Bhawan

Following the same, while citing frustration over not being granted an audience with India’s top leadership and permission to hold anshan at Jantar Mantar, on October 6, Wangchuk and around 18 people sat close to the gate of Ladakh Bhawan, singing the Hindi version of ‘We Shall Overcome’, and raised slogans such as ‘Bharat Mata Ki Jai”, “Jai Ladakh ” and “Save Ladakh, Save Himalaya”

Despite being denied permission and virtually detained at Ladakh Bhawan, Wangchuk and 18 around others, including 75-year-olds and women, began their hunger strike at Ladakh Bhawan following the rejection from Delhi Police. Their 1,000 km, 32-day march from Leh to Delhi showcases unwavering resolve.

Wangchuk writes on X that “So after trying everything possible to find a legitimate place for our anshan fast in New Delhi, we have finally decided to start our fast here at Ladakh Bhavan New Delhi where I was virtually detained for the last 4 days. Among us we have 75-year-olds, women and men who walked for 32 days from Leh to Delhi… roughly 1,000 km.”

Link:

Hindustan Times reported how, Wangchuk took to X on Saturday night and said that his team was looking for a place to protest all day but couldn’t find one. He also said that when they broke their fast at Rajghat, they were assured of an appointment with the top leadership within two days but it did not happen, forcing him to start the indefinite fast again.

The march’s objectives and demands

The Leh Apex Body and the Kargil Democratic Alliance are championing a four-point agenda to safeguard Ladakh’s interests. Key Demands include Statehood for Ladakh, seeking greater self-governance, Constitutional Protections under the Sixth Schedule, to preserve tribal and cultural rights, Public Service Commission, for streamlined recruitment and administration, and Separate Lok Sabha Seats, for enhanced representation of Leh and Kargil. This agenda is central to the ongoing padyatra, a peaceful protest march from Leh to Delhi, led by climate activist Sonam Wangchuk, emphasizing Ladakh’s unique needs and aspirations. The marchers aim to secure a better future for Ladakh, addressing concerns around autonomy, environmental protection, and cultural preservation.

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]]> SG Mehta declares in Delhi High Court that Sonam Wangchuk has been freed from detention, media reports suggest police control endures https://sabrangindia.in/sg-mehta-declares-in-delhi-high-court-that-sonam-wangchuk-has-been-freed-from-detention-media-reports-suggest-police-control-endures/ Fri, 04 Oct 2024 08:56:10 +0000 https://sabrangindia.in/?p=38092 On the night of September 30, around 120 individuals from Ladakh, including activist Wangchuk, had been detained by police at the Delhi border while marching to the capital to demand constitutional protections under the Sixth Schedule of the Constitution

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]]> On October 3, 2024, during a hearing before the Delhi High Court, Solicitor General Tushar Mehta had declared to the Court that climate activist Sonam Wangchuk and his associates had been released from detention. He also stated that the Delhi Police’s prohibitory order against assemblies and protests in various areas of Delhi had been lifted. This information was shared with a bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela, as they considered petitions for Wangchuk’s release from detention and the legality of the police’s restrictions.

SG Mehta explained that the prohibitory order, initially enacted on September 30, was no longer applicable due to changing circumstances. He noted that around 120 individuals from Ladakh, including Wangchuk, had been detained by police at the Delhi border while marching to the capital to demand constitutional protections under the Sixth Schedule of the Constitution. However, as per a report of The Hindu, Sonam Wangchuk’s movements continued to be restricted by police and security agencies.

Background:

A petition had been filed before the Delhi High Court seeking release of climate activist Sonam Wangchuk and others, who were detained at Delhi’s Singhu border on the night of September 30, 2024. In a questionable late-night operation, before either he or other activists could enter the national capital, Delhi Police detained them. The foot march was scheduled to end at Rajghat on Gandhi Jayanti to mark the birth anniversary of the father of the nation on October 2. The petition filed for their release was mentioned before the bench of Chief Justice Manmohan and Justice Tushar Rao Gedela by advocate Vikram Hegde on October 1, 2024. However, an urgent hearing of the plea was declined.  (A detailed report may be read here)

Court proceedings on detention and prohibitory order

During the court hearing, Solicitor General Tushar Mehta informed the bench that the prohibitory order issued on September 30 had been withdrawn due to changed circumstances. He stated, “The (prohibitory) order which was passed on September 30 now stands withdrawn in view of changed circumstances as they exist now. So far as persons who were allegedly detained, it was not detention in that sense, but they are also out.” He added that the detained individuals had visited Rajghat for about two hours, where they submitted a memorandum that was accepted by the Ministry of Home Affairs.

The court subsequently closed the proceedings on petitions filed by social activist Azad, who had been working closely with Wangchuk, and lawyer Mustafa Haji, the legal advisor to the Leh Apex Body, after their representatives confirmed the release of the detained individuals.

However, Advocate Prashant Bhushan, representing another petitioner, contended that some individuals still wished to gather at Jantar Mantar to raise awareness but were under restraint. He asserted that Wangchuk was “not totally free,” stating, “According to our information, he is not totally free. They are not allowing Sonam Wangchuk to meet his other associates. They are kept in different places. Sonam Wangchuk has been taken apparently to Ladakh Bhawan and others are kept in Ambedkar Bhawan… There are still some restrictions. Let Mr. Sonam Wangchuk be produced in court.”

In response to Bhushan’s claims, Justice Manmohan questioned the need to summon someone already declared free, emphasising the Solicitor General’s prior statement confirming their release. SG Mehta objected to the assertion made by Bhushan, labelling it a “false statement.” He added, “This petitioner is an advocate practicing in Bilaspur, Himachal Pradesh, and one of the persons marching with the group. Somebody in Himachal says as per my information they are not free and those who are with him say everyone is free. They want to keep the pot boiling.”

Bhushan indicated that he would file an affidavit to support his claims and requested the court to postpone the hearing until Friday. The court responded that if the Solicitor General’s statement was found to be false, they would take appropriate action. Furthermore, Bhushan argued that the prohibitory order violated Supreme Court decisions, asserting that individuals could not be detained for more than 48 hours without legal justification.

Mehta clarified that the prohibitory order had been officially withdrawn on the night of October 2. Initially, the order issued by the Delhi Police had directed the imposition of Section 163 (formerly Section 144 of the CrPC) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 across New Delhi, North and Central districts, and at police stations bordering other states from September 30 to October 5.

It is to be noted that as per a report in The Hindu, Sonam Wangchuk’s movements continued to be restricted by police and security agencies. On Thursday, October 3, 2024, The Hindu had reported that around 5 p.m., security personnel in plain clothes stopped Wangchuk from leaving the Ladakh Bhavan. A significant police presence was deployed outside the government guest house, with barricades placed at the entrance.

Detention as the response for march for Constitutional safeguards?

Activist Wangchuk had led a march of approximately 150 people from Ladakh on September 1, advocating for constitutional protections for the region. He and his delegation were detained by Delhi Police upon arriving at the Delhi-Haryana border in Singhu on September 30. The march aimed to culminate on October 2 at Rajghat, coinciding with Mahatma Gandhi’s birth anniversary, where a sit-in was planned at Jantar Mantar.

However, the planned sit-in protest could not take place as the union had imposed prohibitory orders in Delhi, which were removed after October 2 had passed and the participants had been detained. After being held for nearly 40 hours, Mr. Wangchuk and other delegation members were escorted to Rajghat on October 2 under heavy police presence.

Ladakh Member of Parliament Mohmad Haneefa told The Hindu that he himself was detained for a day when he tried to reach the Singhu border to support the protesters from Kargil. He sought clarification from the government, emphasising that he was merely assisting his constituents as an elected representative. He has received assurances from the Union Government regarding a forthcoming meeting with either the Prime Minister or the Home Minister.

In reaction to the police’s actions, Rahul Gandhi criticised the government’s handling of the situation on X (formerly Twitter). He stated that the “Chakravyuh” would be broken, much like during the farmers’ protests, and that the government would ultimately have to heed Ladakh’s demands. He condemned the detention of elderly citizens, labelling it “unacceptable” for peacefully marching for their environmental and constitutional rights.

What do the citizens demand?

Since the withdrawal of Jammu and Kashmir’s special status under Article 370 in 2019, and the bifurcation of the region into two Union Territories, Ladakh has witnessed numerous protests. The Leh Apex Body and the Kargil Democratic Alliance, two influential civil society organisations in the region, are demanding statehood, inclusion in the Sixth Schedule of the Constitution. The sixth Schedule to the Constitution provides for implementation of specific measures to have an autonomous administration in tribal areas to protect the rights and identity of locals. At present, it is applicable only to Assam, Meghalaya, Tripura and Mizoram in northeast India. Few months ago, Wangchuk had been on a prolonged hunger strike to press for his demands which also include environmental protection in Ladakh. Last month, Wangchuk and others began the foot march to national capital.

The protesters participating in the March are calling for the resumption of talks through the high-powered committee (HPC), led by Minister of State for Home Nityanand Rai, which was formed in January 2023 to address local grievances. The committee last convened in March 2024, shortly before the general elections.

 

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]]> Ladakh’s fight for autonomy: Sonam Wangchuk leads foot march to Delhi https://sabrangindia.in/ladakhs-fight-for-autonomy-sonam-wangchuk-leads-foot-march-to-delhi/ Thu, 19 Sep 2024 04:04:46 +0000 https://sabrangindia.in/?p=37895 Demanding statehood and Sixth Schedule protections, Ladakhis rally to preserve their cultural heritage and fragile ecosystem amidst growing political and environmental challenges

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]]> Ladakh, a region rich in cultural heritage and ecological significance, is at a crossroads. As climate activist Sonam Wangchuk leads a foot march to New Delhi, he calls on the Indian government to grant Ladakh greater autonomy under the Sixth Schedule of the Constitution. The march, backed by local leaders and various communities, aims to protect Ladakh’s fragile environment, unique cultural identity, and ensure real political representation. With growing frustration over unfulfilled promises following the abrogation of Article 370, Ladakhis are demanding meaningful safeguards to preserve their land and future. 

Background

On September 9, 2024, Sonam Wangchuk, a well-known climate activist and innovator, made a compelling appeal to Prime Minister Narendra Modi to include Ladakh in the Sixth Schedule of the Indian Constitution. This provision would grant law-making powers to local leaders, aiming to protect Ladakh’s unique land and cultural identity amid increasing external pressures and environmental challenges. Wangchuk’s request reflects a broader movement in Ladakh advocating for greater autonomy and the preservation of its distinct heritage.

Historical and Political Context

The abrogation of Article 370: In August 2019, the Indian government abrogated Article 370, which granted special status to Jammu and Kashmir, including Ladakh. This move led to the bifurcation of the region into two Union Territories: Jammu and Kashmir, with a legislature, and Ladakh, without one. The initial excitement in Leh over the announcement quickly dissipated as it became clear that Ladakh was not included in the Sixth Schedule, leading to widespread disappointment and the formation of the Leh Apex Body (LAB) to advocate for greater protections.

Recommendations and government committees: In September 2019, the National Commission for Scheduled Tribes recommended including Ladakh under the Sixth Schedule to protect the region’s tribal culture and land rights. This recommendation was based on the high percentage of Scheduled Tribes in Ladakh and the need for safeguarding against outside land purchases.

In response to ongoing protests, the Ministry of Home Affairs (MHA) established a high-powered committee in January 2023, led by Minister of State for Home Nityanand Rai, to address key issues in Ladakh. However, progress has been slow, and by April 2024, Union Home Minister Amit Shah indicated that the prospects for Ladakh achieving Sixth Schedule status or statehood were unlikely. This led to increased frustration among Ladakhi leaders and residents.

The foot march initiative

Launch of the march: The padyatra, or foot march, commenced on September 1, 2024, from Leh, with Wangchuk and around 75 volunteers embarking on a journey to New Delhi. This march is not only a physical trek but a symbolic act of resistance and advocacy. The participants aim to urge the central government to resume discussions with Ladakh’s leadership and address their longstanding demands. Wangchuk and his team are covering approximately 25 kilometres each day, enduring the challenging terrain and weather conditions of the high-altitude regions. The march is set to continue until October 2, Gandhi Jayanti, when they hope to reach the national capital and present their demands directly to the government.

Past engagements and government response: Wangchuk highlighted that despite submitting a detailed memorandum of demands to the Prime Minister during his visit to Dras for Kargil Vijay Diwas in July, he had yet to receive a response. This memorandum included calls for inclusion under the Sixth Schedule, which Wangchuk argues is crucial for Ladakh’s ecological and cultural preservation. (Detailed reports can be read here, here, and here.)

It is essential to note that recently, the government announced the creation of five new districts in Ladakh: Zanskar, Drass, Sham, Nubra, and Changthang. Wangchuk and his supporters have expressed concerns about whether these districts will be granted real decision-making powers or merely function as administrative units. The creation of these districts could be viewed as a response to ongoing protests, but the real test will be if they align with the demands for autonomy under the Sixth Schedule. 

The march’s objectives and demands

Four-point agenda: The ongoing padyatra is organised by the Leh Apex Body (LAB) and the Kargil Democratic Alliance (KDA), which have been advocating for-

  1. Statehood for Ladakh: The demand for Ladakh to be granted statehood to allow greater self-governance.
  2. Constitutional Protections under the Sixth Schedule: Inclusion under the Sixth Schedule to protect tribal and cultural rights.
  3. Public Service Commission: The establishment of a Public Service Commission to oversee recruitment and administration in Ladakh.
  4. Separate Lok Sabha Seats: Creation of separate parliamentary constituencies for Leh and Kargil to ensure better representation.

The padyatra has received support from various sections of society, including retired soldiers, women, and the elderly. Former Jammu and Kashmir Governor Satya Pal Malik has announced his intention to join the march in October 2024. This growing support highlights the widespread discontent and desire for greater autonomy among Ladakhis.

Furthermore, Ladakh faces significant ecological challenges due to its fragile environment and the impacts of climate change. Wangchuk has repeatedly stressed the region’s vulnerability, which is exacerbated by industrial activities. He argues that the Sixth Schedule is essential to safeguard the region from exploitative practices and preserve its environmental and cultural integrity.

The inclusion of Ladakh in the Sixth Schedule is also seen as a measure to protect the cultural identity of its tribal communities. The region is home to several tribal groups, including the Balti, Beda, Bot, Brokpa, Drokpa, Changpa, Garra, Mon, and Purigpa. These communities face risks from outside influences that could threaten their traditional ways of life.

Future Outlook

The outcome of this extensive march remains uncertain. The ongoing political attention in Jammu and Kashmir and the ongoing elections could overshadow Ladakh’s demands. However, the march serves as a powerful demonstration of the region’s determination to secure its rights and autonomy. As the padyatra progresses toward Delhi, the participants hope to bring their concerns to the national stage and urge the central government to address their demands effectively.

Related:

Why is Ladakh Protesting?

Section 144, internet suspension imposed ahead of Ladakh’s Pashmina March, march to continue

Fulfill Promises Made To People Of Ladakh: Sonam Wangchuk In Fresh Appeal To Modi

Agitation Likely To Intensify In Ladakh: KDA Calls For Half-Day Strike In Kargil Today

 

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]]> Why is Ladakh Protesting? https://sabrangindia.in/why-is-ladakh-protesting/ Mon, 29 Apr 2024 05:30:23 +0000 https://sabrangindia.in/?p=35001 Elections to this carved out Union Territory (UT) are scheduled for the fifth phase on May 20 along with Baramulla, while the other seats in the Jammu & Kashmir UT vote(d) on April 19 (Udhampur), April 26 (Jammu), Anantnag (May 7) and Srinagar (May 13)

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]]> The abrogation of Article 370 marked a watershed moment in the history of federalism in India. With the enactment of “THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) ACT, 2023,” the Union Government negated the result of the Supreme Court’s judgement in NCT Delhi vs. Union of India, giving the Delhi government power on the transfer of officers in the territory of Delhi.

Except for the cooperation sought for the GST amendment, the NDA government’s actions have not been representative of respect to federal principles, seeking cooperation of states indicated by the recent dispute between the State of Kerala and the Centre. The new addition to this pattern of not paying much heed to regional aspirations is the instance of Ladakh.

After the abrogation of Article 370, the Union reorganised the state of Jammu and Kashmir into two Union territories – Jammu & Kashmir, and Ladakh. Immediately after the reorganisation, the people of Ladakh had showed optimism about the region’s future and its development which until then was under the control of power in Srinagar. The Union Territory of Ladakh consists of Leh and Kargil. Leh is a Buddhist majority district while Kargil is a Muslim majority one. Ladakh MP Jamyang Tsering Namgyal briefly became a national face of the fact that people of Leh Ladakh region supported the abrogation – with his speech on Lok Sabha. Notably, he has been replaced by Tashi Gyalson for the Ladakh BJP MP candidature this time in 2024. According to a report in The Hindu, JT Namgyal and his supporters are unhappy with this change but he stands by the party and its ideology!

Ladakh is seeing protests against the centre’s undue control of the region with the prominent educationist and the award-winning engineer Sonam Wangchuk becoming the face of this agitation, demanding constitutional safeguards under the sixth schedule and statehood for Ladakh. The protests for statehood and inclusion of the region into the Sixth Schedule are being carried out by a collaboration between two bodies – Leh Apex Body (LAB) and the Kargil Development Council (KDC). While protests have been on since January, the fractured and divided media only began reflecting this unique form of resistance in late March and April 2024.

It was reported in March 2024 that the Union Home Minister Amit Shah told the LAB –during negotiations before the protests were re-launched– that Sixth Schedule inclusion might not be possible but Article 371 like provisions could be made for the region of Ladakh. In this article, we shall discuss the protections accorded to areas under the Sixth Schedule and Article 371, and why Ladakh is protesting for it.

Under the Ladakh Autonomous Hill Development Council Act, 1997, Autonomous district councils were constituted with powers on economic development, healthcare, education, land use, taxation and local governance. The Leh Autonomous Hill Development Council came into existence in 1997 while the Kargil AHDC came into existence in 2003. These councils do not have legislative but executive powers of these subjects.

What is the Sixth Schedule?

The Sixth Schedule of the Indian Constitution governs tribal areas in Assam, Meghalaya, Tripura, and Mizoram: Administration: These areas are autonomous districts or such districts further divided into autonomous regions under the state’s executive authority. Autonomous Districts and Regions: Administered by District and Regional Councils determined by the Governor. Councils: Each District Council has up to 30 members, with four nominated by the Governor and the rest elected. Legislative Powers: Councils can make laws on specified matters like land and forest management. Tribal Interests: Protects tribal land and resources, prohibits their transfer to non-tribal groups, and safeguards tribal communities’ cultural identities.

What is Article 371?

Article 371 deals with special provisions for States of Maharashtra and Gujarat with bestowing responsibility on the Governor on the aforementioned states to establish separate developments boards for Vidarbha, Marathwada and rest of the state for Maharashtra, and similar boards for Saurashtra and Kutch and rest of the state for Gujarat. These responsibilities cover equitable allocation of funds for development expenditure, providing adequate facilities for technical education and vocational training, and adequate opportunities for employment in services under the control of the State Government. Later, as the negotiations between different states and unions continued in Independent India, 371A to 371J covering Nagaland, Assam, Manipur, Andhra Pradesh and Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka were added. For example, for Nagaland, governed by 371A, the provision is that no act of parliament in respect of religious or social practices of the Nagas, customary Naga law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law, ownership and transfer of land and its resources shall apply to the state of Nagaland unless the legislative assembly of the state decides so by a resolution.

Why is Ladakh protesting for Statehood?

Before the abrogation of Article 370, Ladakh used to send four legislators to the Jammu and Kashmir Legislative Assembly. However, after the region has been converted into a Union Territory, the only representative from the region is the Lok Sabha member from the region. Given that there is no representation, and that the administration is carried with New Delhi as the focal point, there is no adequate say – according to those who are protesting – in development projects announced in the region.

With statehood and a legislative assembly, there will be greater and deeper democracy in the state. It is feared that due to the rich mineral resources present in the region, big corporations which are not from Ladakh will come to Ladakh and Ladakh will not have a say in how those resources should be mined in tandem with the environmental requirements in the region whereas the centre will have a greater say since Ladakh is a union territory.

While the Congress has stated in its manifesto that it will include the 6th schedule to include the tribal areas of Ladakh, people of Ladakh will have to wait till June 4, 2024 to see if it has to fight with BJP as it is doing now or to negotiate with Congress for its statehood.

(The author is part of the legal research team in the organisation)

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]]> Section 144, internet suspension imposed ahead of Ladakh’s Pashmina March, march to continue https://sabrangindia.in/section-144-internet-suspension-imposed-ahead-of-ladakhs-pashmina-march-march-to-continue/ Sat, 06 Apr 2024 14:01:42 +0000 https://sabrangindia.in/?p=34517 As the relay fast continues in Ladakh, protestors were preparing to hold a march on April 7th to reiterate their demands. However, prior to the march, Section 144 has been imposed which has placed sanctions on any public gathering without the permission of the District Magistrate. Protesters say, however that the march will take place

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]]> As the Ladakh agitation gears up, the authorities have clamped down by imposing a mobile network suspension  and Section 144 ahead. The march that was slated to be attended by scores of people. Protestors demanding greater autonomy for Ladakh and action to preserve the fast-deteriorating fragile ecosystem of Ladakh have been dismayed by the news.

After the move by the district administration, Sonam Wangchuk took to X, formerly Twitter, to write that Leh was being turned into a ‘warzone’, “LEH IS BEING TURNED INTO A WAR ZONE with disproportionate force, barricades, smoke grenades. Attempts to arrest peaceful youth leaders even singers continue. Seems they want to turn a most peaceful movement violent & then brand Ladakhis as anti-nationals. Govt seems worried only about Ladakh’s effects on their votes and on mining lobbies… not the people here nor even national security.”

These measures are said to be precautionary measures ahead of the planned Pashmina March which was to take place in areas near the Line of Actual Control (LAC), in the  Changthang region of Ladakh.   The march was also against alleged Chinese encroachments into Ladakh’s grazing area.

Additionally, mobile data services in Leh will undergo a temporary suspension and reduced speed following police orders. District magistrate Santosh Sukhdeva stated that there was evidence for potential disruptions to peace and public order in the district which is what led to these measures.

As of now, the District Magistrate has declared that no procession, rally, march, or similar activities shall be conducted without prior approval. It also specifies that people are not permitted to use vehicles with mounted loudspeakers or any other loudspeaker without prior approval. Interestingly, the public order has also mentioned that the no one shall make any statements which could potentially ‘disturb the communal harmony and public tranquillity’, and says that any such move would be a law and order issue.

This news comes in as 250-300 women ended their  10-day fast, fast after they continued the relay fast after Wangchuk,  according to Economic Times.

The Leh and Kargil Democratic Alliance have been holding protest demonstrations and hunger strikes demanding statehood for Ladakh, which is now a union territory, and also demanding its inclusion in the Sixth Schedule of the constitution. An engineer by profession and a social reformer Wangchuk is also a winner of the prestigious Ramon Magsaysay Award, is also part of the group leading the protests.

The Pashmina March was reportedly inspired by Mahatma Gandhi,  Wangchuk stated, according to PTI, “We are followers of Gandhi’s Satyagraha. We are demanding the fulfilment of the promises made to us by this (BJP) government through its manifestos which led its candidates to win parliamentary polls and hill council polls in Leh.”

The protests appear to be gaining support outside of Ladakh too. Last week, actor Prakash Raj visited the protest. Similarly, this week a group of people from various regions of Maharashtra, including Mumbai, Pune, and even Latur, have also pledged to travel all the way to Ladakh and join the protest.

According to the Free Press Journal, Dilip Jain, a Mumbai-based founder of the Djed Foundation, has initiated the Friends of Ladakh movement during Wangchuk’s fast. Speaking to the Free Press Journal, Dilip said that he will be among the Mumbaikars participating in the walk  for Ladakh’s rights, “I reached Ladakh on the early morning of Friday to join the march. We will walk to learn how much land has been taken over by the industries hampering the livelihood of the herders. The temperature is very extreme here and therefore we are expecting only around 40 to 50 people from outside Ladakh to join this walk.”

Bharat Solanki, the Jammu & Kashmir incharge of the All India Congress Committee took to X to speak out in support of the protests on what he termed the “ill behaviour of the insecure government”.

 

 

Related:

Agitation Likely To Intensify In Ladakh: KDA Calls For Half-Day Strike In Kargil Today

In The Himalayas, Living The Crisis That The IPCC Report Warns Of

March to border, relay fast on climate change and demands for Ladhakh to continue as climate activist Sonam Wangchuk ends hunger strike after 21 days

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