Question 3358

On March 6, in Leh, a town situated at about 3,500 metres in the cold, arid Union Territory (UT) of Ladakh, Sonam Wangchuk, Ladakh’s famous educationist and environmentalist, began a 21-day hunger strike that he called a “climate fast”. The strike was in support of thousands of Ladakh residents who have been demanding safeguards under the Sixth Schedule of the Indian Constitution so they can make decisions regarding the use and management of resources such as land and water. They currently can’t. Mr. Wangchuk discontinued his hunger strike on March 26; it is currently being continued by women in Leh. If their demands stay unmet, the youth, monks, and the elderly have said they will join the hunger strike as well, in phases. In August 2019, the State of Jammu and Kashmir was split into two UTs: Jammu and Kashmir and Ladakh. It ended people’s exclusive rights to land and jobs. Under the Jammu and Kashmir Reorganisation Act, 2019, Ladakh became a UT without a legislature. “Our UT is administered by a Lieutenant Governor, who is not a Ladakh resident, and yet is appointed to take decisions for our future,” said Jigmat Paljor, coordinator of Leh Apex Body (LAB), a collective of political, social, religious, and student organisations of the Buddhist-majority Leh district. The draft Ladakh Industrial Land Allotment Policy, 2023 is a case in point. While the LAHDCs have the powers to make decisions on land use and its management, the draft policy, which has been designed to attract investments in Ladakh, completely excludes them from having any powers related to land allotment and lease-related decision-making. The LAB and the KDA have contended that the Sixth Schedule could help tackle these issues because it enables the establishment of regional and district councils with the authority to make laws regarding land use for grazing, agriculture, residential purposes, and other purposes that cater to the residents’ interests. Considering more than 97% of Ladakh’s population of over 2.74 lakh (2011 Census) is tribal, the National Commission for Scheduled Tribes recommended in 2019 that Ladakh be brought under the Sixth Schedule. According to recent data from the Ministry of Tourism, Ladakh is witnessing a high influx of domestic tourists. In 2022, more than 5 lakh domestic tourists visited the region. In Leh alone, which is Ladakh’s largest town, while just over half a lakh domestic and foreign tourists visited in 2007, by 2018 the number had risen to 3.2 lakh. A research article published in 2019 stated that built area in the town had increased from 36 hectares in 1969 to 196 hectares in 2017. Rapid urbanisation and increasing tourist footfall are exerting significant pressure on resources in Ladakh, particularly water. The Sixth Schedule of the Indian Constitution provides for the administration of tribal areas in certain states through autonomous district councils. Which of the following states are covered under the Sixth Schedule, granting special provisions for the governance of tribal areas?

Answer

Assam, Meghalaya, Mizoram, and Tripura

Why?

The correct answer is Assam, Meghalaya, Mizoram, and Tripura. Key Points The Sixth Schedule of the Indian Constitution provides for the administration of tribal areas in certain states through autonomous district councils. The states covered under the Sixth Schedule are Assam, Meghalaya, Mizoram, and Tripura. These autonomous district councils have the authority to make laws regarding land use, agriculture, and other local matters. The aim is to protect the rights and interests of the tribal communities in these regions. Important Points The Sixth Schedule was included in the Indian Constitution to safeguard the rights of tribal populations in certain regions. It allows for the creation of autonomous district and regional councils, which have legislative, judicial, and executive powers. The councils can legislate on various matters including land, forests, water resources, and social customs. This provision aims to ensure that local governance is in the hands of the tribal communities themselves, promoting self-governance and autonomy. Additional Information Autonomous District Councils: These councils are empowered to make laws on certain specified matters such as land, forests, water, agriculture, and village administration. Legislative Powers: The councils can make laws on matters like inheritance of property, marriage and divorce, social customs, and management of forests other than reserved forests. Judicial Powers: They can establish village courts to hear disputes involving the tribes. These courts can deal with civil cases and certain criminal cases. Executive Powers: The councils also have the power to manage primary education, health, and sanitation services, as well as construct roads and manage public health facilities. Protection of Tribal Interests: The Sixth Schedule aims to protect the distinct identity and culture of tribal communities by granting them autonomy in governance.