Ladakh recently witnessed widespread protests as thousands of residents took part in marches across the region, advocating for statehood and constitutional protections under the Sixth Schedule of the Indian Constitution. The marches were led by prominent groups, including the Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA), both of which have been vocal in their demand for Sixth Schedule status and greater autonomy for Ladakh.
Key Points
- Protests for Statehood and Sixth Schedule Status: Thousands of men and women marched through Leh’s streets, braving freezing temperatures to demand statehood and constitutional protections under the Sixth Schedule.
- LAB and KDA’s Joint Advocacy: The Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA) have long advocated for Sixth Schedule status since Ladakh’s conversion into a Union Territory. Their continued efforts seek to secure autonomy for the tribal communities in the region.
- Collaboration for Strengthened Demands: In August 2021, the LAB and KDA strengthened their movement by joining forces, amplifying their demands for Sixth Schedule protection and statehood.
Background
- Ladakh transitioned into a Union Territory without a legislature following the abrogation of Article 370 and 35A, leading to the bifurcation of Jammu and Kashmir into two Union territories on August 5, 2019.
- Meanwhile, residents of Ladakh have expressed dissatisfaction with prolonged bureaucratic rule in the Union Territory and assert that only full statehood, enabling them to elect their representatives to govern the region, can meet their demands.
- Earlier in January 2023, the Union Home Ministry established a high-powered committee, headed by Minister of State Nityanand Rai, with the objective of “ensuring the protection of land and employment” for the people of Ladakh.
- The date for the upcoming meeting between the representatives and the Minister of State (MoS) has not been finalized yet. However, there are indications that the meeting is expected to take place early in February.
The Sixth Schedule: A Key Demand for Ladakh
- After its special status was removed, several political groups in Ladakh have been demanding that land, employment, and the cultural identity of Ladakh, should be protected under the Sixth Schedule.
- The sixth schedule under Article 244 of the Constitution protects the autonomy of tribal populations through creation of autonomous development councils which can frame laws on land, public health and agriculture.
- As of now ten autonomous councils exist in Assam, Meghalaya, Tripura and Mizoram.
- As per the 2011 Census, the total population of Ladakh was 2,74,289, and nearly 80% of them are tribals.
Can Ladakh Be Included in the Sixth Schedule?
- In September 2019, the National Commission for Scheduled Tribes recommended the inclusion of Ladakh under the Sixth Schedule, noting that the new UT was predominantly tribal
- Notably, no region outside the Northeast has been included in the Sixth Schedule.
- In fact, even in Manipur, which has predominantly tribal populations in some places, the autonomous councils are not included in the Sixth Schedule.
- Nagaland and Arunachal Pradesh, which are totally tribal, are also not in the Sixth Schedule.
- Ladakh’s inclusion in the Sixth Schedule would be difficult. The Constitution is very clear, Sixth Schedule is for the Northeast.
- However, it remains the prerogative of the government — it can, if it so decides, bring a Bill to amend the Constitution for this purpose.
Why Ladakh Needs the Sixth Schedule?
- It is estimated that more than 90% of Ladakh’s population is tribal. The primary Scheduled Tribes (STs) in Ladakh are Balti Beda, Bot (or Boto), Brokpa (or Drokpa, Dard, Shin), Changpa, Garra, Mon and Purigpa.
- The Ladakh region has several distinct cultural heritages by communities such as Drokpa, Balti and Changpa, among others, which needs to be preserved and promoted.
- Prior to the creation of the Union Territory of Ladakh, people in Ladakh region had certain agrarian rights including right on land which restricted people from other parts of the country to purchase or acquire land in Ladakh.
- Inclusion in the sixth schedule will help in democratic devolution of powers in the region and will also enhance the transfer of funds for speedy development of the region.
What Is the Sixth Schedule of the Indian Constitution?
- The Sixth Schedule of the Constitution makes separate arrangements for the tribal areas of Assam, Meghalaya, Mizoram, and Tripura.
- It was Passed by the Constituent Assembly in 1949
- Article 244A was added to the constitution through the 22nd Constitutional Amendment Act, 1969.
- It seeks to safeguard the rights of the tribal population through the formation of Autonomous District Councils (ADC).
- ADCs have some legislative, judicial, and administrative autonomy within a state.
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