A group of 113 retired civil servants and diplomats on Saturday criticised the Union government’s response to the protests for constitutional safeguards that took place in Leh on September 24, saying that the demands were reasonable and needed sympathetic consideration.
In an open letter, the Constitutional Conduct Group said that the Union government had repeatedly taken an “inept approach” to protests in the country, including during the demonstrations against the Citizenship Amendment Act, the farmers’ agitation and the ethnic conflict in Manipur.
“Instead of trying to find out why so many people are protesting about a particular matter, instead of giving the protestors a patient and open-minded hearing, the government’s response is often the same – knee-jerk and negative, without any serious consultation with the stakeholders,” it said.
“The belief seems to be ‘if the people are protesting against the government, they are our enemies’,” the letter said.
The same approach could be seen in Ladakh, it added.
Police firing andviolence had broken out on September 24 in Leh during protests demanding statehood for Ladakh and its inclusion in the Sixth Schedule of the Constitution.
Demonstratorsclashed with and threw stones at the police, andset fire to the Bharatiya Janata Party office and a police vehicle. Four persons – Jigmet Dorjey, Rinchen Dadul, Stanzin Namgail and Tsewang Tharchin – were killed in the police firing during theprotests.
Activist Sonam Wangchuk wasarrested in Leh on September 26. The Union government has claimed that the violence was incited by “provocative statements” made by the activist.
The demand for statehood follows the abrogation of Article 370 of the Constitution, which granted special status to Jammu and Kashmir, by the BJP-led Union government on August 5, 2019. This bifurcated the state into the Union Territories of Jammu and Kashmir, and Ladakh.
The lack of a legislature in Ladakh has led to increasing insecurities among the residents of the Union Territory about their land, nature, resources and livelihoods and stoked fears that the region’s cultural identity and fragile ecosystem may be in jeopardy.
Against this backdrop,civil society groups have also been demanding that Ladakh be included in the Sixth Schedule of the Constitution, which would allow for the creation of autonomous development councils to govern land, public health and agriculture.
The Sixth Schedule guarantees protection for land and nominal autonomy for citizens in designated tribal-dominated areas. In Ladakh, more than 97% of the population belongs to the Scheduled Tribes.
The letter said that the Union government was “probably conscious of the need to protect the unique cultural identity and land rights of the people of Ladakh at the time of abolition of Article 370” as it had reportedly considered bringing the Union Territory under the Sixth Schedule in 2019.
“However, for reasons not in the public domain, this matter did not progress and for six long years since the revocation of Article 370, Ladakh has been facing the problems mentioned earlier of demographic and land ownership change and scarce jobs,” the Constitutional Conduct Group said.
The retired officials said that if the demands for statehood and inclusion in the Sixth Schedule could not be met, the Union government owed it to the residents of Ladakh to provide a reason and the alternatives that could be put in place to take care of their grievances.
“Instead, the government decided to hit back with all their strength at the protesters, resorting to firing instead of other milder restraint methods, and killing four people.” it added.
The letter also said that Tharchin, one of the men killed, was also a retired soldier.
“What a reward for patriotism!” it added.
The Constitutional Conduct Group said that Wangchuk was highly regarded in India and internationally for his innovative response to climate change and his work for the residents of Ladakh.
“His protests have always been Gandhian and peaceful,” the letter said, adding that the activist had also repeatedly praised Prime Minister Narendra Modi.
“The vindictiveness of the government is apparent in the minutiae of their actions as well,” it said. “The very next day after arresting Sonam Wangchuk, theycancelled the FCRA [Foreign Contribution Regulation Act] of his NGO for the pettiest and most superficial of reasons.”
Registration under the Foreign Contribution Regulation Act is mandatory for a non-profit organisation to receive foreign funds.
The retired officials also said that the Union government’s handling of the border states was “particularly inept" and was “now assuming dangerous dimensions for the security of our nation”.
It added: “Ladakh’s geographical and topographical context is especially vital because it borders a belligerent and hostile China; the country cannot afford to lose the trust and confidence of its population, people who have always stood by India since Independence.”
Its strategic value is far too important to “play politics” with, the letter added.
The former bureaucrats said that it was important not to let protests “fester”, but sort out grievances early.
The Constitutional Conduct Group also demanded Wangchuk’s release.
“Second, as soon as possible talks should be held with the leaders of the agitation to find out how the legitimate issues they are agitating for can be addressed,” the letter said.
Following Wangchuk’s detention, the Apex Body Leh and Kargil Democratic Alliancewithdrew from ongoing talks with the government, saying that “talks cannot be held at gunpoint”.
The Apex Body Leh and Kargil Democratic Alliance are civil society coalitions that have been leading the movement seeking constitutional safeguards for Ladakh.
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