Statement and Appeal on Ladakh’s Demands for Constitutional Safeguards

by Vikalp Sangam General Assembly* and other networks

22 March, 2024

Download the full Statement here. Consider signing this Change.org Petition.

We are issuing this statement to support the ongoing movement of the people of Ladakh, demanding Constitutional measures enabling them to protect their land, culture, environment and the economic interests, for current and future generations. These include Sixth Schedule of the Indian Constitution and statehood, which would enable them to determine their present and future without domination of bureaucrats appointed from New Delhi. We express solidarity with all those fasting in the frigid conditions of Ladakh, including Sonam Wangchuk and many others; we have expressed our solidarity through actions across India over the last few days.

We express shock about the way in which these demands that people/citizens of  Ladakh  have been making for many years, is  systematically sidelined, with the central government dragging its feet and then finally rejecting them outright. This is despite the party in power having made a promise to grant 6^th Schedule status to Ladakh when it was converted into a Union Territory in 2019. 

We are also distressed at the attempted silencing of voices or intimidation and repression tactics  trying to block students and youth from attending the ongoing mass fast or other peaceful means of protest, and the placing of CCTV surveillance of the fasting site to keep track of people visiting and participating in the fast. 

In August 2019, Ladakh received the Union Territory status that the people of Ladakh, especially in the Leh district, had been demanding for over seven decades, because their aspirations were long ignored by the then Jammu and Kashmir state government. This new status had the potential for political and economic emancipation as determined by the people of Ladakh. However, UT status without legislature, or adequate constitutional safeguards to protect the unique cultural identity and fragile ecosystem and culture of Ladakh, has jeopardized this potential. On January 2, 2022, the Ministry of Home Affairs (MHA) constituted a high-powered committee for Ladakh to look over the region’s development but didn’t mention the demand for the 6th Schedule despite unequivocal local demands. The committee was rejected by the Leh Apex Body and Kargil Democratic Alliance for not specifying the issues they have been demanding. Subsequently another committee was set up to examine the demands, but after several meetings that were patiently attended by the Ladakh leaders, the Govt. of India refused to budge on the two main demands of 6^th Schedule and Statehood. 

Over 90% of the Trans-Himalayan bio geographical zone within India is located in Ladakh, an area which harbours a high diversity of many endangered animals like the wild yak, snow leopard, and blacknecked crane. These animals provide crucial ecosystem functions, and have been sustaining indigenous communities for centuries. Owing to the scarce resources scattered over large mountainous areas, these animals need to range far and wide for food. Ladakh also has a unique social and cultural mosaic that  evolved over centuries. The people in the region with more than 90% indigenous population have a distinct ethnic identity, language, value systems, traditions, and an extraordinary way of life suffused with profound spiritual and religious principles in tune with the natural surroundings. The region with its vibrant local diversity further adds to India’s rich diversity.

There is a genuine fear that UT status without constitutional safeguards in Ladakh’s governance, could result in the kind of extractive modern unsustainable development that has impacted the rest of India. Unregulated growth in tourism, influx of businesses and large corporate houses, mining interests,  could destroy the fine balance that  the people of Ladakhi have achieved while pursuing their livelihoods as well as exacerbate the glacial loss that is already a huge concern, threatening to impact livelihoods of not just the people of Ladakh but of millions of Indians who depend on its waters. Corporate giants have already begun exploring the area for business opportunities (including in tourism) and prospecting for minerals and other natural resources. While some roads and other necessary infrastructure are welcome, what is being planned or constructed is on a mega scale that seems to be more for the benefit of businesses from outside rather than  the people of Ladakh themselves. This includes an airport with a capacity of 2 million visitors (over 6 times the resident population). A proposed mega-solar project could take up 20,000 acres of the fragile Changthang pastures, crucial for pastoralists and wildlife. If such projects and their proponents/builders are given an open access, Ladakh will be damaged beyond repair. Given the kind of evidence emerging of the impacts of big infrastructure projects in Joshimath and elsewhere in the Himalaya, caution regarding what kind of development should be allowed in Ladakh is especially warranted. 

These demands are also justified in order to strengthen local democratic processes and rights. After the creation of the UT, decision-making has shifted even further away from Ladakh, with most crucial decisions on budgets and plans being made in or at the behest of New Delhi. Nearly all consultancies and contracts for planning, such as the making of vision documents, are being given to non-Ladakhis. The proposed Industrial Land Allocation Policy has single-window clearance committees that include no Hill Council members, panchayats, or local civil society groups, all power being in the hands of the UT Administration, contrary to its assurance that land rights will remain vested in the Hill Council. 

The ruling party in New Delhi had  promised adequate Constitutional safeguards after Ladakh became a Union Territory in 2019. Even the National Commission for Scheduled Tribes recommended the inclusion of Ladakh under the Sixth Schedule for democratic devolution of powers, preserving the natural and cultural heritage of the region, its customary governance system, ensuring agrarian rights of local people, and enhancing transfer of funds for the region’s development needs. However, none of the promises made in the ruling party’s manifestos (for Lok Sabha and local Council elections) were kept, leading to increasing insecurities in the Ladakhi people over their land, nature, resources and livelihoods leading to massive protests in both Kargil and Leh districts.

A special Constitutional status to Ladakh should include adequate powers with the Kargil and Ladakh Autonomous Hill Development Councils to exercise control over land, natural resources including minerals, tourism, and development policy. Additionally, we strongly recommend that the villages of Ladakh be empowered under the Fifth Schedule of the Constitution, if it is possible to include an area under both Schedules. This would include the application of the Panchayat (Extension to Scheduled Areas) Act (PESA) to empower gram sabhas and not only panchayats. This is essential for local self-governance, and for the people of Ladakh to be involved on a direct and day-to-day basis in determining their present and future. Both the 5^th and 6^th Schedules are in principle applicable to Ladakh given that more than 90 percent of the population are of Scheduled Tribe status. Additionally, the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act 2006 should be expediently applied with the full empowerment of local communities, especially to enable pastoral and other ecosystem-dependent communities to secure their collective rights over landscapes essential for their livelihoods. 

Furthermore, without such safeguards and a clear mandate for the people of Ladakh to determine their own future, the government would disrespect the decades-old trust of the local people in the Union of India, and their contribution to maintaining security in our border areas. The people of Ladakh have put their lives in danger during all the wars in the region and stood like a bulwark against unfriendly neighbours. Thus, the interests and aspirations of the people of the region, and the environment they depend on, need to be honoured and fulfilled.   

We urge the Government of India to agree to the demands of Ladakhi people and help protect this unique ecological and cultural landscape. We also urge the people of Ladakh to continue strengthening their own internal democratic processes, so that communities and institutions like the Hill Council are able to resist decisions that adversely impact them and their environment, as also construct viable alternatives for meeting basic needs, aspirations, and the goals of well-being.   

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*The Vikalp Sangam General Assembly (VSGA) is the coordinating mechanism for the Vikalp Sangam process (www.vikalpsangam.org), which aims to network movements, organisations and individuals working on alternatives to unsustainable, iniquitous development. It contains about 85 organisations and networks across India, listed below. 

You can download the full statement here. Consider signing this Change.org Petition.

Contact persons on behalf of the VSGA: 

Karma Sonam ([email protected])

Tsewang Namgail ([email protected])

Shrishtee Bajpai ([email protected])

Ashish Kothari ([email protected])

Vikalp Sangam General Assembly (VSGA) Members 

Action for Community Organisation Rehabilitation and Development (ACCORD)

AGRAGAMEE

Alliance for Sustainable and Holistic Agriculture (ASHA)

Alternative Law Forum

Bhoomi College

Blue Ribbon Movement (BRM)

Canopy Collective 

Centre for Education and Documentation (CED)

Centre for Environment Education (CEE)

Centre for Financial Accountability (CFA)

Centre for Pastoralism (CFP)

CGNetSwara

Chalakudypuzha Samrakshana Samithi / River Research Centre

Chetna

Dakshin Foundation

Deccan Development Society (DDS)

Deer Park

Desert Resource Centre

Development Alternatives 

Dhaatri Trust

Dharamitra

Ektha

Equitable Tourism Options (EQUATIONS)

Forest Rights Coalition – JK 

Foundation for Economic and Ecological Development (FEED)

Fridays for Future India 

Gene Campaign

Goonj

Greenpeace India 

Ideosync Media Combine

Inner Climate Academy (ICA)

Margshala Foundation

Movement For Advancing Understanding of Sustainability And Mutuality (MAUSAM)

Jagori Rural Charitable Trust 

Kagad Kach Patra Kashtakari Panchayat (KKPKP)

Kalpavriksh

Kriti Team

Ladakh Arts and Media Organisation (LAMO)

Let India Breathe (LIB)

Local Futures Ladakh 

Maadhyam

Maati

Mahila Kisan Adhikar Manch (MAKAAM)

Mahalir Association for Literacy Awareness and Rights (MALAR)

Mazdoor Kisan Shakti Sangathan (MKSS)

National Alliance of Peoples’ Movements (NAPM)

National Campaign for Dalit Human Rights (NCDHR)

National Coalition for Natural Farming (NCNL)

National Federation of Dalit Women 

Nirangal Charitable Trust

Non-timber Forest Produce – Exchange Programme (NTFP-EP)

Organic Farmers Market (OFM)

People’s Resource Centre (PRC)

Peoples’ Science Institute (PSI)

reStore

Revitalising Rainfed Agriculture Network (RRA)

Rythu Swarajya Vedika

Sahjeevan

Sahodaya Trust

Sambhaavnaa

Sangat

School for Democracy (SFD)

School for Rural Development and Environment (SRDE)

Shikshantar

Snow Leopard Conservancy – India Trust (SLC-IT)

Sikkim Indigenous Lepcha Women’s Association

Social Entrepreneurship Association (SEA)

Society for Participatory Ecosystem Management (SOPPECOM)

South Asian Dialogue on Ecological Democracy/Harit Swaraj Samvaad

The Himalaya Collective

Timbaktu Collective

Titli Trust

Travellers’ University

Tribal Health Initiative (THI)

Tula Organic Clothing

URMUL Seemant Samiti

Watershed Support Services and Activities Network (WASSAN)

Women’s Collective

Wullar Bachao Front 

Youth Alliance

Yugma Network 

Yuva Ekta Foundation

(and individuals)

Dinesh Abrol

Mohan Hirabai Hiralal

Ovais Sultan Khan

Sehjo Singh

Wekoweu Tsuha

Endorsed by

1. Himdhara Environment Research and Action Collective 
2. Amhi Amchya Arogyasathi 
3. Youth for Himalaya

Signatures on VS statement from the attendees at the protest held at Norbulingka (H.P) in support of demands of Ladakh – 24.03.2024 
By students of Ladakh in collaboration with student association of Spiti and student association of Kinnaur 

Spiti 

1. Tanzin tangden 
2. Tanzin Angmo 
3. Sonam Palmo 
4. Sonam Palmo 
5. Tenzin Dadol 

Kinnaur 

6.  Tenzin Wangmo 

Spiti

7. Tenzin Kunsel 
8. Dolma 

Kinnaur 

9. RIgzen 
10. Karma Chukit 
11. Hozer Lamo 
12. Karma Thapket 
13. Tsering Chhopel 

Spiti 

14. Tanzin Rinchen
15. Chhering Tobgay

Kinnaur 

16. Sushil Kumar 
17. Anurag Boralas 

Chamba

18. Tenzin Tsetan 
19. Tenzin Thuptan 
20. Tenpa Gyeltsen
21. Tenzin Chopak
22. Ashish Mahajan 

Spiti 

23. Tanzin Tandal 
24. Tenzin Hozer 
25. Tanzin Namgail 
26. Takpa Angchuk

Kinnaur 

27. Tanzin Aukut

Lahaul and Spiti 

28.  
29. Tanzin Sandup
30. Kalzang Sonam 
31. Tenzin Norbu

Kinnaur 

32. Urgian Tandup
33. Karma Sonam 

Spiti

34. Tanzin Palzor
35. Sonam Norbu
36. Takpa Tanzin 
37. Sonam Palmo
38. Hemant Kumar 
39. Tenzin Chhonzom 
40. Dela 
41. Cheering Palzom 
42. Tenzin Angmo 
43. Sonam Youdon 
44. Champa Dolma 

Kinnaur 

45. Karma Dorjee
46. Cherring Lhanzom 

Spiti

47. Tenzin Norden 
48. Thuktan Tashi 
49. Tenzin Palzom 
50. Lobzang Dolma 
51. Tashi Ankit 
52. Tenzin Butith 
53. Kunzong Ladon 
54. Takpa Tenzin 
55. Karma Pempa 
56. Tanzin Yonten 
57. Tenzin Lafal 
58. Tanzin Choezang 
59. Kouga Zordan 
60. Latpa 
61. Tsering Tashi 

Zanskar 

62. Tenzin Lhamo 
63. Tenzin Dickyi 
64. Tenzin Mentok 
65. Sonam Chuskit 
66. Tenzin Angmo 
67. Tenzin Namdol 
68. Tenzin Sonam
69. Choesang Dolma 
70. Lobsang Lhamo 
71. Yangket

Spiti

72. Tenzin Sunkhen 
73. Tenzin Lhamo

Zanskar 

74. Lobsang Yangdol 
75. Stanzin Rabka 

Jagori Rural

76. Abhishek Khanna

N/A

77. Chhering Lamo
78. Amita Thapa
79. Abhinesh Thapa 
80. Tenzin Namdol 
81. Bhumika Lamichhanae Gurung 

Jamyang Choeling Nunnery, Norbulingka (H.P)

82. Tenzik Dolma 
83. DOlma Cherring
84. Padma Lazes 
85. Tanzin Wangsel 
86. Tsering Angmo 
87. Tanzin Kunsang 
88. Tenzin Dekyi
89. Lobsang Dolma 
90. Lobzang Kunzom 
91. Tsenzin Youdou
92. Chakpa 
93. Tenzin Choekyii
94. Tsewang Laskit 
95. Tenzin Tsepal 
96. Tenzin Desal 
97. Katzang Dolkar 
98. Tenzin Noryang 
99. Teznin Uhader 
100. Kunsal Lamo
101. Jigmey Paldon 

Norbulingka 

102. Mutup Dolma