Ladakh’s fight for Sixth Schedule status

• The Sixth Schedule: 
  • The Sixth Schedule of the Constitution of India consists of provisions for the administration of tribal areas in north eastern states of Assam, Meghalaya, Mizoram and Tripura, according to Article 244 of the Constitution. 
  • Passed by the Constituent Assembly in 1949, the Sixth Schedule seeks to safeguard the rights of tribal population through the formation of Autonomous District Councils (ADC).
  • ADCs are bodies representing a district to which the Constitution has given varying degrees of autonomy within the state legislature.   
  • Along with protecting the tribal population, the Schedule provides autonomy to the communities through creation of autonomous development councils (ADCs) which are empowered to frame laws on land, public health, agriculture and others.

Understanding the ‘crux’ of Ladakh’s demand?

• The demand is for the local Councils that should be empowered with legislative power by bringing them under the ambit of Sixth Schedule of Article 244(1) of the Constitution.
• They demand a Bodoland-type power arrangement that protects the rights of indigenous people over their land with legislative subjects that are exclusive to local governments without interference from Central Laws.
• A similar provision under Article 371 (A) is given to other areas such as in Nagaland in respect of the religious, social practices, customary law of the Nagas.

Can Ladakhis be described as ‘vulnerable’ community?

• Ladakh is known as a part of the global Buddhist civilisation or Islamic heritage that cannot be described as a ‘primitive’ or ‘vulnerable’ community.
• Diverse and rich cultural setting: Ladakh is historically perceived as a cosmopolitan region with centuries of multiple cultural settings. It was an Asian pivot – the people here traversed diverse cultural boundaries and engaged with ideas.

• • Its Buddhist community resembles nothing like the Chakma tribes in the Northeast.
  • The Baltis and Purigs of Kargil cherish their rich Persian Shia and Sufi heritages.

• Social Features: 

• High education level: The region had the highest literacy rate (82 percent) in J&K.
• Social equality: A great deal of social equality exists; the women enjoy high status in every aspect of life.
• Elite population: It has a highly westernised Buddhist and Balti elite which send children to study in India’s top-public schools.

What is the ground to ask for sixth schedule status?

• The demand from the local tribal communities in Ladakh is to extend the provisions of the Sixth Schedule to the region.
• This was primarily driven by concerns over the protection of tribal rights and the preservation of the unique cultural identity of the local communities.

National Commission for Scheduled Tribes (NCST) Recommendation:

• The National Commission for Scheduled Tribes (NCST) has recommended that the Union Territory (UT) of Ladakh be included in the Sixth Schedule of the Constitution.
• NCST, a constitutional body to safeguard socio-cultural rights of Scheduled Tribes, was entrusted with the responsibility of examining the status of tribals in Ladakh, by the Centre.
• If included, Ladakh will be the only UT in the Sixth Schedule. Also, bestowing such a status to Ladakh would require a constitutional amendment.