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Events
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New
Delhi, 3 June 2021
Lakshadweep Row
WHOSE CONCERN?
By DrS.Saraswathi
(Former Director,
ICSSR, New Delhi)
Kerala Legislative Assembly unanimously passed
a resolution expressing solidarity with the
people of Lakshadweep against the Union Territory Administration and
calling on the Centre to recall Administrator Praful K. Patel and take
immediate steps to protect the lives and livelihood of the islanders.Development
of a small UTstanding isolated from the mainland, which would have gone
unnoticed a few years back, has now made front page news.
Any issue or eventis quickly turning into
political in Indiaas political consciousness is growing fast perhapsdue to
constant electionsand extremely active “Opposition parties” watching for
opportunities. In the process, limits of
powers and authority of different organs and at different levels are
forgotten and violated.
The issuedividing interested people and
opinion makers pertains to the draft Lakshadweep Development Authority
Regulation 2021 (LDAR) and the Prevention of Anti-Social Activities Act (PASA)
introduced by the Lakshadweep Administrator with the main aim of promoting the
UT as a “renowned international
tourist destination”.The
Regulations supersede all existing regulations and vest unrestricted powers with the
Administrator for development of the UT
and prevention of crimes.
On both accounts, Lakshadweepis very different
from other States.PASA proposes to vest immense powers with the Administrator
for prevention of crimes though recorded crime rate does not show need for such
powers. It is contended that the changes are proposed without consulting local
residents or their representatives orpanchayat.The proposals have been sent to
the Ministry of Home Affairs for approval.
Opposition spreading like wildfire,“Save
Lakshadweep” campaign is gaining momentum to block the changes and restore original status.
A hidden agenda is suspected to lie behind these drastic reforms. Kavaratti
village panchayatpasseda resolution protesting against what it calls “unconstitutional, undemocratic, and unscientific” reformsintroduced by the
Administration.
A petition was filed by a Congress leader in Kerala
High Court challenging LDAR and PASA on the ground that Lakshadweep
Administrator was illegally interfering in the “social, political, and cultural
realities” of the islands. The court refused to stay their implementation. Many
Opposition parties in Kerala allege that the “authoritarian rule of
Lakshadweep’s new Administrator …is causing unrest in the island”.
Development ofremote areasseparated from the
mainland of a nation by history, geography,
and also socially, economically and culturally is not a smooth affair
for any country. Any change is taboo for somewhile status quo unfair and
unacceptable.
LDAR primarily aims at holistic development
and particularly that of tourism in the island for which there is tremendous
scope.Lakshadweep Development Authoritywas created recently with extensive
powers including the right to evict land owners. Orderly and progressive
development of land in urban and rural areas, grant of permission to develop
land have been envisaged.The Regulation empowers the Administrator toconstitute
Planning and Development Authorities (PDAs) with government-appointed chairman
and experts.
There is opposition to the proposal to
construct a highway or tram-way in the island which would change the ecologically
fragile environment. Mining and exploitation of mineral resources is proposed
to promote cement manufacture.Fishing rights have been curtailed for the sake
of coast guard.On the social side,ban on
cow slaughter and buying, selling, transportation or storing beef or beef
products in any form, introduction of preventive detention law, and imposing
two-child norm for contesting panchayat elections are proposed.
Critics point out that the LDAR 2021
would “destroy the delicate eco-system
of the coral isles and the lives and
livelihood of the islanders”. Indiscriminate promotion oftourism and various
projects for “development” were opposed as destructive of the life of the
people.Maldives Model of tourism
development, cited by Patel, is not acceptable to some sections of nature
conservationists.
Lakshadweep is an archipelago of 36 islands
built by corals and surrounded by the Arabian Sea with only 10 of them inhabited.It extends to
just 32 sq.km and is situated 220 to 440
km away fromKochi in Kerala. It has a population of 64,000 by 2011 census.
Interestingly,there is no aboriginal inhabitant found in the islands as in
Andaman and Nicobar. The SC and ST List of
1956 has identified inhabitants of Lakshadweep as STs. There areno SCs in
Lakshadweep. Malayalam,the language
spoken in the nearest mainlandKerala is the principal language spoken here. Total literacy is aspecial
attribute.
The islands have political links with Kerala
tracing its first settlement back to the period of a Chera king in Kerala who
converted to Islam.By 7th century, Islamisation was almost completed
in the islands. The arrival of Portuguese and establishment of its dominanceincreased
the importance of the islands then known as Laccadives. The islands then passed
on to the British rule. In 1912, the British made Lakshadweep Regulation, which
conferred limited power of judicial and
magisterial status to Amins/Karamis of the islands. The Regulation restricted
entry of “outsiders” into the islands which tightened exclusion of these
islands from the mainland India.
Laccadive, Minicoy, and Amindivi Islands
werepart of Madras Presidency in 1949 and became a UT under the Indian
Constitution in 1956 under the same name.
It was a Scheduled Area. Parliament had the legislative power to make
Regulations. The Administrator appointedby the President under Article 239 of
the Constitution has power to make regulations for “peace, progress, and good
governance” which overrides the legislative power of Parliament. He can repeal
or amend any Act presently applicable to Lakshadweep.The collective name
Lakshadweep was adopted for these islands in 1973 and mainland laws have been
extended to it since 1965.
Governing Remote Territories is not uncommon,
but requires special provisions in any country.There are sevenremote Australian
Territories far away from the mainland located thousands of km in the pacific, Indian, and Southern
Oceans and the Coral Sea extending from Antarctica to Equator. These External
Territories with a few exceptions are governedby Federal Departments, but are
free to legislate on subjects concerning their citizens.Financially and
constitutionally subordinate tothe Federal Government, they have no powers with
regard to subjects of national importance.
Northern Canada, Alaska, Scandinavia, and
Micronesia have external territories under their rule. Annual meetings of Western Regional Science
Association (WRSA) have since 1984 provides
an international forum for exchange of information and ideas in
development processes and problems of remote regions.
Lakshadweep is important for India’s
security. Its proximity tolittoral
States such as Maldives and Sri Lanka is a critical factor.Its situation in the
Arabian Sea is crucial tosafeguard India’s vital shipping lanes to the Middle
East and for other security interests. In the wake of terror attacks in Mumbai in 2008, the importance of
safeguarding this remote UT increased.
The strategic significance of these islands
for the security of India is far more important than written principles of
federalism. Development ofthis island UT is not a matter for political disputes
or even discussions, but a concern of the nation to be handled by
administrative, defence,ecological and other experts keeping the interests of
the country as the focus while safeguarding those of the local residents. ---
INFA
(Copyright, India
News & Feature Alliance)
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