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‘Core issues remain': Why Ladakh's leaders are dissatisfied with Centre's new domicile rules
‘Core issues remain': Why Ladakh's leaders are dissatisfied with Centre's new domicile rules

Scroll.in

time09-06-2025

  • Politics
  • Scroll.in

‘Core issues remain': Why Ladakh's leaders are dissatisfied with Centre's new domicile rules

After multiple rounds of talks with leaders from Ladakh, the Centre has announced a new domicile and job reservation policy for the Union territory. The anxiety over natives losing control over land, resources and employment opportunities had driven sustained protests in Ladakh over the last five years. By reserving most government jobs for local residents and elaborate restrictions on who can be a domicile of Ladakh, the Narendra Modi government has sought to address the demands from the cold desert region. However, the Ladakhi leadership has called it only a 'first step' and a 'breakthrough' in reaching a resolution. 'Our two main issues pertaining to statehood for Ladakh and Sixth Schedule status are still pending,' said Chering Dorjay, a senior Ladakhi leader and chairman of Leh Apex Body, one of the two bodies who carried out negotiations with the Union government on behalf of the people of Ladakh. 'There has been no discussion on those issues as of now.' He added: 'The core issues remain unaddressed.' The Ladakhi leadership had sought a constitutional guarantee in the form of the Sixth Schedule which guarantees protections over land and a nominal autonomy for the country's tribal areas. In Ladakh, more than 97% of the population belongs to Scheduled Tribes. More crucially, the new rules do not impose any restrictions on outsiders buying land in Ladakh, the leaders said. What the new policy entails When New Delhi decided to create a separate Union territory of Ladakh without from the erstwhile state of Jammu and Kashmir in August 2019, there was euphoria in Leh. However, the implications of the decision to scrap Jammu and Kashmir's special status under Article 370 and Article 35A of the Constitution soon became clear. Like the rest of the citizens of the now non-existent state of Jammu and Kashmir, the people of Ladakh had also lost their exclusive rights to own immovable property and get government jobs in the region. In August 2021, both Kargil and Leh rejected the Union territory status for Ladakh and demanded statehood instead. By 2022, the growing anxiety over non-locals being eligible to own land and take jobs in Ladakh had crystallized into a set of four demands of the Ladakh's leadership: statehood to Ladakh; constitutional safeguards under the Sixth Schedule of the Constitution; separate Lok Sabha seats for Leh and Kargil districts and the rollout of a recruitment process and a separate Public Service Commission for Ladakh. The Centre's June 2 decision partially addresses those demands. Under the new rules, only a person who has resided in Ladakh for a period of 15 years since its formation as a union territory on October 31, 2019, shall be eligible to be a domicile of the Union territory. A person who has studied for a period of seven years – from October 31, 2019 – and written Class 10 or Class 12 examinations in an educational institution located in the Union territory of Ladakh, also qualifies to be a domicile. The domicile rule, however, is 'valid only for the purpose of appointment to the posts under the Union territory of Ladakh as defined in Ladakh Civil Services Decentralization and Recruitment.' The Centre has also brought in an ordinance to amend the reservation policy. According to this, 85% of jobs and admissions in professional educational institutions in Ladakh shall be reserved for residents of the Union territory. This includes 80% of reservation for Scheduled Tribes, 4% for those living along the Line of Control or the Line of Actual Control and 1% for Scheduled Castes. This is in addition to the 10% reservation for Economically Weaker Sections. Prior to this, the cap on reservation in Jammu and Kashmir, of which Ladakh was a part, was 50 %. Leh Apex Body's Dorjay acknowledged that the central government has addressed employment-related insecurities. 'What's happened is that 95% of government jobs are now reserved for locals,' he said. But he added: 'It's a breakthrough but there's not much [more] to it.' Sajjad Kargili, the representative of Kargil Democratic Alliance, the group that represents Kargil district in the negotiations with the Centre, said that the domicile policy has left them dissatisfied. 'Our demand is that instead of 15 years, the mandatory duration of living in Ladakh should be 30 years if anyone wants to become a domicile,' he said. According to Kargili, the Ladakh leadership has already raised the matter with the Centre. 'They have assured us that they will consider this demand. It's in the minutes of the meeting,' Kargili added. The land question With the protections under Article 370 and Article 35A gone in 2019, there is no bar against buying immovable property in the region. As of now, no law stops outsiders from buying land in Ladakh – a source of anxiety for the residents. Indeed, the leadership in Ladakh is conscious that the new rules are ambiguous about this concern. 'The domicile policy is only for jobs and it only talks about that domiciles are eligible for government jobs,' said another member of the Ladakh leadership, who was part of the deliberations with the Centre and declined to be identified. For now, the member said, they are assuming that this domicile policy has no bearing on land rights as the Centre's notification clearly states that domicile is valid only for government jobs. 'If that's not the case and if it has any bearing on land rights, then we don't accept the domicile policy.' The member pointed out that they had agreed to the domicile policy only because of the jobs crisis in Ladakh. Since 2019, recruitment in government jobs has stalled in Ladakh, owing to the lack of clarity over who qualifies for domicile status. With a new policy now in place, the Ladakh leadership is now waiting for the government to finalise recruitment rules and advertise vacancies. 'It's a sort of an interim relief,' the member of the Ladakh leadership said. 'It's what the MHA officials call picking the low-hanging fruit. Now, we will wait for the government to advertise vacancies.' J&K and Ladakh: A study in contrast Even though the Ladakh leadership argued that the Centre's decisions do not address the fundamental demands of the people of Ladakh, many say the region has got a better deal than the neighbouring Union territory of Jammu and Kashmir. On Twitter, Jammu-based political commentator Zafar Choudhary criticised political leaders in both Jammu and Kashmir for failing to negotiate such a deal with the Centre. Both Jammu and Kashmir and Ladakh took the formal shape of Union territories on October 31, 2019. But the Centre showed a visible urgency in framing domicile rules for Jammu and Kashmir. In March 2020, just five months after formally becoming a Union territory and amidst a nationwide lockdown to fight the coronavirus, the Union home ministry issued the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order 2020. Under these rules, anyone who 'who has resided for a period of 15 years in the union territory of J&K or has studied for a period of seven years and appeared in Class 10th/12th examination in an educational institution located in the UT of J&K' qualifies to be a domicile of Jammu and Kashmir. At that time, many Kashmiri political leaders were in detention or under house arrest. Many political parties had described the order as 'humiliating'. National Conference leader and current chief minister Omar Abdullah, who had been just released from a long detention had questioned the timing of the order. 'At a time when all our efforts & attention should be focused on the #COVID outbreak the government slips in a new domicile law for J&K. Insult is heaped on injury when we see the law offers none of the protections that had been promised,' Abdullah had posted on his Twitter/X account on April 1, 2020. Unlike Ladakh, where the domicile rule applies prospectively, beginning from October 31, 2019, the domicile rules in the case of Jammu and Kashmir applied retrospectively. That means that anyone who had been living in Jammu and Kashmir for a period of 15 years until the notification of domicile rules in 2020 was eligible to be a domicile of Jammu and Kashmir. In other words, while Ladakh will get new domiciles only after 2034, in the case of Jammu and Kashmir, many non-natives, who fulfill the criteria of domicile rules, have already become part of Jammu and Kashmir's population. In April, the Jammu and Kashmir government informed the legislative Assembly that more than 83,000 individuals who were not originally permanent residents of Jammu and Kashmir have been granted domicile certificates over the past two years. The revelation had added to the anxieties of the Muslim-majority Union territory where the fear of demographic change has become one of the main concerns since August, 2019. The next round Besides the domicile and reservation policy for Ladakh, the Centre has also recognised English, Hindi, Urdu, Bhoti and Purgi languages as the official languages 'to be used for all or any of the official purposes of the Union territory' of Ladakh. It has also reserved one-third of the total seats in the two Ladakh Autonomous Hill Development Councils of Leh and Kargil for women. Even though New Delhi might view these as significant steps, Ladakh's leadership says these were not part of their demands. 'There was nothing about language or reservation of women in our demands,' Dorjay added. 'Our demands are concerned with the overall protection and security of the people of Ladakh.' With the next meeting between the centre's High-Powered Committee and the Ladakh leadership likely towards the end of this month, the questions like statehood and Sixth Schedule status will rise again. 'We are not going back on these two demands,' Dorjay added.

Ladakh: Satisfied, but statehood main issue, says Buddhist association
Ladakh: Satisfied, but statehood main issue, says Buddhist association

Hindustan Times

time05-06-2025

  • Politics
  • Hindustan Times

Ladakh: Satisfied, but statehood main issue, says Buddhist association

President of the Ladakh Buddhist Association (LBA) and former minister, Chering Dorjay Lakrook, on Wednesday largely expressed satisfaction over Centre's notifications on domicile law and job reservations for locals. However, he said that statehood and constitutional safeguards enshrined under the Sixth Schedule of the Constitution to the strategic Himalayan region still remain the main agenda for the people of Ladakh, including the Leh Apex Body (LAB) and the Kargil Democratic Alliance (KDA). 'The Centre's notifications on domicile law prescribing 15-year residency with prospective effect and 85% reservation to locals in jobs have been accepted by us,' he said. 'However, conditions like having studied for seven years and appeared in class 10 and 12 exams were not discussed by the Union ministry of home affairs with us. We will take up these clauses with the government,' he added. The former minister, who is also a member of the LAB, admitted that the LAB and KDA had arrived at a unanimous consensus for either taking 1989 as a cut-off year or 30-year prospective residency for the domicile law. 'But the government (Centre) didn't agree upon 1989 as the cut-off year. On 30-year prospective residency, the Centre told us that it will be a time consuming exercise involving law ministry and other allied departments. Though the Centre has assured us to do it, we also realised that we could not waste further time. We have already waited for six years and the career of our youth is at stake. For the past over six years, not a single gazetted job has been given in Ladakh,' he added. The LBA chief elaborated that 15 year prospective residency will come into effect from October 31, 2019. On public service commision in Ladakh, he informed that the Centre has given them three options of UPSC directly conducting Ladakh's exams, Ladakh having its own PSC or J&K PSC conducting exams for Ladakh. 'We have conveyed that any of the three options deemed appropriate by the Centre is acceptable to us,' he said. However, the veteran leader amply made it clear that statehood and Sixth Schedule of the Constitution remain the core agenda for Ladakh people. 'Talks are yet to take place on statehood and Sixth Schedule. We also want an additional Lok Sabha constituency for the region, but that's not possible before 2026 because of a rider imposed by the Supreme Court,' he said. Ladakh as of date has only one parliamentary constituency. In 2023, the Union home ministry had formed a high-powered committee under minister of state Nityanand Rai to discuss ways to protect Ladakh's unique culture.

Sonam Wangchuk: ‘Govt's Ladakh notifications a partial resolution… If our main issues not met, BJP will face the consequences'
Sonam Wangchuk: ‘Govt's Ladakh notifications a partial resolution… If our main issues not met, BJP will face the consequences'

Indian Express

time05-06-2025

  • Politics
  • Indian Express

Sonam Wangchuk: ‘Govt's Ladakh notifications a partial resolution… If our main issues not met, BJP will face the consequences'

The Centre on Tuesday notified a series of regulations aimed at addressing Ladakh's concerns over jobs and cultural preservation. The new legal framework introduces a domicile-based job reservation system, and talks of recognition of local languages and procedural clarity in civil service recruitment. However, it stops short of any safeguards regarding land, promise of a Legislature for the newly formed Union Territory, and extension of the Sixth Schedule of Constitution to Ladakh. Climate activist Sonam Wangchuk, who has been spearheading some of these demands, speaks to The Indian Express on the new regulations. Excerpts: * What is your view regarding the regulations the government has announced? To put things in perspective, the notification is only a partial resolution of the third point on the agenda of the negotiations between Ladakh and the Government of India. It was highest in terms of urgency, but low on priority. There was a concern regarding unemployment and that has been addressed. But our main issues are safeguarding our land and culture through Sixth Schedule protections… and the restoration of democracy. Ladakh has no form of people's participation at the moment. People have always expected constitutional safeguards for this region. The BJP assured us of the Sixth Schedule in two elections – the 2019 Lok Sabha polls and 2020 LAHDC (Ladakh Autonomous Hill Development Council) polls. It was part of their manifesto… People have expressed their displeasure by not electing the BJP in recent polls, and it will happen again if this issue is not addressed in the next talks that will be held in June and July. * The government notifications make no mention of land. This is only a partial resolution of our third point – of employment. It was mutually agreed by our leaders and the MHA (Union Ministry of Home Affairs) that they will first sort out the issue of employment of youth, and then issues of the Sixth Schedule and the rest would be taken up. But there is fear here as to what if the government just leaves things at this and doesn't take forward the main issues till the LAHDC elections. That will be a problem. So the coming two months are important (to gauge the government's sincerity). The next meeting (is expected to) discuss safeguards and democracy. If not, then the Hill Council elections will see an upheaval. … All Opposition parties have formally announced that if they (the government) resolve the main issues, they will offer the Hill Council elections on a platter to the BJP. But the reverse is also true: that if they do not address the main issue, they will face the consequences in the coming elections. * But you agree that the government has addressed the language and culture issue? That was never an issue. That was just mixed (in) as a feel-good factor. It was never demanded. At least it was not a part of the key issues. But it is a good step. * The demand from Ladakh was also for a 30-year-stay clause to get domicile. But the new regulations set this at 15 years. Yes. That is why I call it a partial resolution of our issues. People are not fully happy with the notifications. The demand was either 30 years or a cutoff date of 1989. But this issue will no longer figure in our negotiations. We hope that at the next two meetings, the real issues of safeguards and democracy will be taken up. Otherwise it will be a breach of trust and confidence. * Do you see the government's plans to open up Ladakh for the renewable energy industry as contrary to your demands regarding land safeguards? I always start with full hope and faith that the government will be sincere in its words and provide Sixth Schedule safeguards. As far as power projects and other industrial endeavours of national interest are concerned, it is the highest priority of Ladakhi people to be of use to the nation. Our only thing is it should be done in consultation with the people. The Sixth Schedule will not stop any important industrial project. It will only make Ladakhi people a partner in it. With the knowledge and wisdom they have about the land, it will be even better. But without the Sixth Schedule, people who know nothing about Ladakh are making big decisions. (For example) This big solar project without any consultation is earmarked at a place where the most precious Pashmina is produced. Those pastures will be gone. With public participation in such decisions, national interest will be served along with environmental protection. * Are you okay with the idea of no Sixth Schedule but similar protections? Yes, if these protections are based on the indigenous tribal identity of the local people. If they give similar protection or more, people will respond logically. But if you are ready to give all of those, why not the Sixth Schedule? * If the government gives you all the protections you are seeking but does not give you statehood or an Assembly, will that be acceptable? The Sixth Schedule and statehood are our main demands. Even if one of the two is given, it would be called progress. If both are denied, we will have to continue engaging in our struggle.

In Ladakh, 85% job quota for locals
In Ladakh, 85% job quota for locals

Time of India

time03-06-2025

  • Business
  • Time of India

In Ladakh, 85% job quota for locals

The Centre has introduced new reservation and domicile policies for Ladakh, reserving 85% of jobs for locals and one-third of seats in the Ladakh Autonomous Hill Development Councils for women. The Kargil Democratic Alliance and Apex Body Leh have welcomed these notifications as a positive step. Dialogue will continue regarding statehood and the implementation of the Sixth Schedule. Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads Srinagar: The Centre on Tuesday announced new reservation and domicile policies for Ladakh, reserving 85% jobs for locals and one-third of the total number of seats in the Ladakh Autonomous Hill Development Councils for Kargil Democratic Alliance (KBL) and Apex Body Leh (ABL), which are fighting for implementation of the Sixth Schedule of the Constitution in the Union Territory (UT), statehood, a separate public service commission and two Lok Sabha seats for Ladakh, welcomed the notifications as a welcome step in the right direction. They said dialogue for statehood and Sixth Schedule implementation will Centre's multiple notifications aimed at safeguarding the local interests of people in Ladakh spelt out changes in policies for reservation in jobs, autonomous councils, domicile and of the notifications on reservation specified that the total percentage of reservation for locals will not case exceed 85 per cent excluding economically weaker sections, for which it is 10 per cent. The new notifications also specified that those who have resided in Ladakh for a period of 15 years or studied for a period of seven years and appeared in class 10 or 12 examinations in an educational institution located in the UT shall be considered domicile of Ladakh for the purposes of appointment to any post under the UT or under a local or other authority other than cantonment another notification, the government said that in the Ladakh Autonomous Hill Development Councils Act, 1997, not less than one-third of the total number of seats in the councils will be reserved for women and such seats may be allotted by rotation to different territorial constituencies. Besides making English, Hindi, Urdu, Bhoti and Purgi the official languages of Ladakh, the government said English will continue to be used for all official purposes of the UT for which it was being used before the date of commencement of this regulation."This is a satisfactory decision by the government of India and they have done as was discussed in the meetings with us. Now one chapter is closed and we have been assured that dialogue on other demands will start within a month," said Chering Dorjay Lakruk of Democratic Alliance member Sajjad Kargili said, "Something is better than nothing. We now expect that a notification for jobs would be issued soon as well."The ABL and KDA held a meeting with the Centre in the last week of May in Delhi and now they have been assured that another meeting will be slotted in the last week of two bodies were formed in Leh and Kargil after 2019, when Ladakh was carved out as a separate Union territory from Jammu and Kashmir to strive for the rights of the people across the region. They joined hands and held a series of protest meetings in Ladakh, Jammu and December 2023, the Centre started talks with the two bodies which were stalled briefly and resumed after a series of protests the next year. Besides, in 2024, climate activist Sonam Wangchuk sat on a fast for several days demanding implementation of the Sixth Schedule of the Constitution in Ladakh to preserve its environment, culture and natural resources. His movement greatly helped the cause of ABL and KDA. In August 2024, the Centre created five new districts in Ladakh.

Centre notifies domicile rules, seeks to address Ladakh job, quota concerns
Centre notifies domicile rules, seeks to address Ladakh job, quota concerns

Indian Express

time03-06-2025

  • Politics
  • Indian Express

Centre notifies domicile rules, seeks to address Ladakh job, quota concerns

THE CENTRE has notified a series of regulations aimed at addressing Ladakh's concerns over jobs, quotas and cultural preservation. The new legal framework introduces a domicile-based job reservation system, recognition of local languages, and procedural clarity in civil service recruitment. As per the new regulations, a person has to be a resident of Ladakh for 15 years to get a domicile certificate and be eligible for jobs, while the total quota for SC/STs has been capped at 85%, excluding the reservation for EWS. Since Ladakh is 90% tribal, it would virtually give reservation to all the indigenous Ladakhis. The law, as it existed until now, under the Jammu and Kashmir Reservation Act, 2004, only mentioned that reservation for SC/STs 'shall not exceed the ratio and proportion as the population of each such category'. The regulations, issued on Monday and Tuesday, come amid demands in Leh and Kargil for tribal autonomy and legal protection following Ladakh's bifurcation from Jammu and Kashmir in 2019. However, the regulations do not address another key Ladakh demand, for restricting land ownership by outsiders, which is behind the call for constitutional safeguards under the Sixth Schedule. Sajjad Kargili of the Kargil Democratic Alliance, which has been spearheading protests in the Kargil region of Ladakh and been part of the meetings between the Centre and Ladakh civil society groups over their demands, expressed partial satisfaction over the regulations notified by the government. 'Something is better than nothing. There was a huge pressure from the public due to rising unemployment. We hope the government will also quickly notify vacancies now and fill up posts so that the frustration of youth is addressed,' Kargili told The Indian Express. The most substantive change comes in the form of the Ladakh Civil Services Decentralization and Recruitment (Amendment) Regulation, 2025, which inserts a clear domicile criterion for recruitment into government services in the Union Territory. Under Section 3A of the amended regulation, a person is considered a domicile of Ladakh if they have resided in the region for 15 years, or studied there for at least seven years and appeared in Class 10 or 12 examinations. Children of Central government employees who have served in Ladakh for at least 10 years are also eligible. The accompanying rules, notified by the Ministry of Home Affairs on Tuesday, lay out a detailed procedure for issuing domicile certificates, with tehsildars designated as the competent authority and deputy commissioners as the appellate authority. Applications may be made physically or online, the rule states, adding: 'The format shall clearly mention that the domicile certificate is valid only for the purpose of appointment to the posts under the Union Territory of Ladakh.' Following a meeting with Union Home Minister Amit Shah last week, a High-Powered Committee (HPC) comprising representatives from both Leh and Kargil had reached a consensus to define a timeline for domicile certificates for Ladakh. At the meeting, a consensus was reached that anyone living in Ladakh for 15 years from 2019 onwards could be considered a domicile of the region. This was a climbdown from the earlier demand that domicile certification require a period of stay of 30 years. However, since the starting point is 2019, the first domicile certificates would take effect in Ladakh only in 2034. Incidentally, in the case of J&K, there is no cut-off year from when the 15-year stay in the UT is to be calculated for the purpose of domicile. The Union Territory of Ladakh Reservation (Amendment) Regulation, 2025, updates the earlier Jammu and Kashmir Reservation Act, 2004, capping overall reservations at 85% for SCs and STs, excluding the EWS quota. It's seen as a way to streamline existing quotas without creating new categories specific to Ladakh's tribal demography. Over 90% of Ladakh's population is ST, with Buddhist and Muslim tribal communities dominating Leh and Kargil, respectively. The 85% reservation allows near-complete representation for tribal and socially backward groups, aligning with Ladakh's demography. This is substantively different from other UTs or states where STs are a minority compared to the rest of the population. By explicitly excluding EWS from the 85% limit, the regulation safeguards tribal and backward class quotas from being eroded by newer economic reservations. This addresses Ladakh's concerns regarding identity-based protections. Besides, through the Ladakh Autonomous Hill Development Councils (Amendment) Regulation, 2025, 'one-third reservation for women' is now mandated in these councils through rotation of constituencies. However, while LAHDCs in Leh and Kargil have played a key role in local governance, their powers remain limited, especially in the absence of Sixth Schedule protection. To address concerns about cultural erosion, the government has notified The Ladakh Official Languages Regulation, 2025, which recognises English, Hindi, Urdu, Bhoti and Purgi as official languages of the Union Territory. In addition, Section 4 of the regulation empowers the Administrator to set up institutional mechanisms and an 'Academy of Art, Culture and Languages' to promote native dialects such as Shina, Brokskat, Balti and Ladakhi. However, this may not entirely satisfy the demand for protections in Ladakh as the regulation lacks enforceable mandates for the use of these languages in official functions or education. Since the special status of J&K was scrapped and Ladakh was carved out as a separate UT, residents have been seeking inclusion in the Sixth Schedule of the Constitution, which provides greater legislative and financial autonomy to tribal areas. In December 2023, a four-member committee formed by the Ministry of Home Affairs to examine these demands held multiple consultations but stopped short of recommending Sixth Schedule status. The Centre is believed to be reluctant to include Ladakh under the Sixth Schedule, and has repeatedly told delegations that have had meetings with Amit Shah and other senior Home Ministry officials that the Centre will nevertheless provide safeguards to jobs, land, culture and language through legislation. Unemployment has been a big concern for Ladakh since once it was carved out of J&K, it was disconnected from the employment policy of J&K, which retained its Public Service Commission. 'Over the last six years, no gazetted posts have been notified in Ladakh and nearly all recruitment is being done on contract basis,' Kargili had told The Indian Express earlier. On Tuesday, he said that the Ladakh civil society will continue to push for inclusion of Ladakh under the Sixth Schedule. 'Our demand is that the domicile condition should be 30 years and not 15 years. Also, the new provisions do not address our concerns over land and environment… One of our key demands has been representative politics through the creation of an Assembly. So, these regulations are welcome, but they are only baby steps,' he said. Sources said the Ladakh delegations will meet Union Home Ministry representatives next month to discuss the pending issues. 'In our past meetings with Amit Shah, we have been assured that all issues will be discussed,' Kargili said.

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