Recent Developments in Lakshadweep Administration: Controversies and Reforms
Issue of Lakshadweep
Rushan Salim Suri (SIP 57)
1
st
Year, B.A.LL.B(Hons.)
Faculty of Law, Jamia Millia Islamia
New Delhi
I
N
T
R
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D
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C
T
I
O
N
•
Lakshadweep, India’s
smallest Union Territory
is an archipelago consisting of 36 islands in Arabian
Sea off the southwestern coast of India with an area of 32 sq km.
•
The word Lakshadweep means "one lakh islands" in Malayalam. The nearest city in the mainland
is Kochi in Kerala. It is also known as the
Coral Islands of India
.
•
The
capital is Kavaratti
and it is also the administrative headquarters of the UT. The other main
islands are Agatti, Minicoy, and Amini. There is one Lok Sabha seat to represent the region.
•
The
High Court of Kerala has territorial jurisdiction
over the region, along with a system of lower
courts.
•
According to the 2011 census, Lakshadweep has a
population of 64,473
, with a literacy rate of
92.28% and sex ratio of 946 females per 1000 males.
•
Due to the
ecological sensitivity
, the
entry
to Lakshadweep islands
is restricted
. One requires an
entry permit issued by Lakshadweep Administration to visit these islands, including Indians.
L
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W
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The administration of the UT is under the control of the Central Government, and is governed
by an
Administrator appointed by the President
under Article 239 of the Constitution.
•
The administrator has
command and control over law and order
, and powers of
superintendence over the sub-divisional units, headed by respective Sub Divisional Officers
and District Magistrate.
•
Historically, the
Administrators of Lakshadweep
have been
officers from Indian Administrative
Services (IAS) and Indian Police Services (IPS)
.
•
In 2020, after the death of Administrator Dineshwar Sharma,
Praful K Patel, a politician
who
was also the Administrator of Dadra and Nagar Haveli and Daman and Diu UT was given the
charge of Lakshadweep Administration.
•
Since taking charge, Praful Patel has been in news due to the new developments taking
place in Lakshadweep.
Praful Khoda Patel, Lakshadweep Administrator
Image: Indian Express
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The administration new initiatives have been at the center of controversy in the recent past, let
us understand what’s happening in Lakshadweep:
1.
Lakshadweep Development Authority Regulation, 2021
This regulation relates to the established of a Land Development Authority, which will work in
‘planning areas’ for the purpose of
developing malls, smart city infrastructure
, with a view to
make Lakshadweep a
‘tourism destination’
.
2.
Lakshadweep Animal Preservation Regulation, 2021
It relates to the
ban on sale, purchase, slaughter, transport of beef
and beef products in the
entire region, with up to
10 years imprisonment
and up to
Rs 5 lakh fine
for violation of the same.
3.
Prevention of Anti-Social Activities Regulation, 2021
Popularly known as
“Goonda Act”
, it empowers the Administrator to detain a person who is
“acting in a manner prejudicial to the maintenance of public order”
for up to
1 year without
legal representation
.
4.
Lakshadweep Panchayat Regulation, 2021
This regulation seeks to amend the rules for contesting local body Elections, according to which
those with more than two children will not be allowed to contest Panchayat Elections
and
become members of Gram Panchayat.
5.
Handling of COVID-19 Pandemic
Till December 2020, Lakshadweep had the distinction of
reporting zero cases of COVID-19
, but
after
Praful Patel took over
as Administrator, he
removed the COVID SOPs
relating to mandatory
quarantine and testing for travelers, which led to a continual surge in cases, with over
9000
cases and 43 deaths being reported
as of 13
th
June.
C
O
N
C
E
R
N
S
The actions of the Lakshadweep Administrator have raised concerns about the future of the
Island Union Territory.
•
The land development regulations have been described as being prepared without public
consultation, and an attempt to
destabilize the sensitive ecology
of the region and threaten
the vulnerable Schedule Tribes communities by taking away their holdings.
•
The beef ban is in
violation of freedom of choice to eat
under Article 19, and a
direct
infringement on cultural rights
under Article 29. Also, since more than 90% of the population is
Muslim, the regulations are also seen as a direct attack on them.
•
The Goonda Act is being described as
“draconian” and “arbitrary”
and unnecessary since
the region has one of the lowest crime rates in the country.
•
The Panchayat Regulations have been drafted without consultation from Panchayat
Officials, and are in
violation of the Right to Reproduce
under Article 21 and Right to contest
elections.
•
The
rise in COVID-19 cases and deaths
in a region with zero cases till December 2020 is being
blamed on the Administrator
, whose removal of COVID SOPs made the situation worse, with
over 9000 cases and 43 deaths reported.
C
R
I
T
I
C
I
S
M
•
There is
widespread criticism
on the actions of the Administration on social media, with the
hashtag
#SaveLakshadweep trending
and shared widely.
•
There have been protests both by the residents and political leaders against the
Adminstator, with Lakshadweep MP Mohd Faizal PP saying that the Administrator is acting in
“autocratic manner”
.
•
Political Parties including CPI(M), INC and NCP have criticized the recent policies and have
written to the President,
seeking recall of the Administrator
.
•
The
Kerala High Court
passed a judgement, asking the Chief Judicial Magistrate (CJM) to
release people arrested
while protesting controversial policies implemented by the
administration, upholding the right to liberty under Article 21.
•
A
Sedition case has been registered against Aisha Sultana
, a filmmaker and a resident of
the Island after she blamed the Administrator for mishandling of COVID-19 crisis and called
him a
“bio-weapon” sent by the Central Government
. Following this, many BJP leaders in
the island have resigned to protest against the “untruthful” case filed against Sultana.
•
BJP leaders of the UT resigned in protest
Members of Parliament protesting against the
recent actions of the Lakshadweep Administrator.
Image: Indian Express
Aisha Sultana, against whom
sedition case has been filed.
Image: Indian Express
W
A
Y
F
O
R
W
A
R
D
/
C
O
N
C
L
U
S
I
O
N
•
There has been widespread criticism of the policies of the Lakshadweep Administrator. The
Government should consider recall of the Administrator and reviewing of the controversial
policies
since it is clearly violating the rights of the inhabitants of the Island.
•
Such regulations are an
impediment to the Constitutional and democratic values
of our
country, and are not in consonance with the spirit of India.
•
I personally believe the
ecological sensitivity of the region must be maintained
, and there
should be
no commercialization of the natural resources
of Lakshadweep.
R
E
F
E
R
E
N
C
E
S
1.
https://indianexpress.com/article/india/aisha-sulthana-lakshadweep-filmmaker-sedition-
charges-praful-patel-7354428/
2.
https://www.ndtv.com/india-news/bjp-leaders-quit-over-sedition-fir-against-lakshadweep-
filmmaker-aisha-sultana-false-unjustified-2462162
3.
https://indianexpress.com/article/india/lakshadweep-bjp-unit-resignations-spate-of-
resignations-in-bjp-lakshadweep-unit-after-sedition-case-against-aisha-sultana-sedition-case-
7355627/
4.
https://indianexpress.com/article/explained/explained-why-lakshadweep-administration-
proposals-have-upset-locals-7334818/
5.
https://indianexpress.com/article/india/beef-to-goonda-act-lakshadweep-administrator-has-
ut-in-turmoil-7328864/
6.
https://theprint.in/india/these-are-the-3-lakshadweep-draft-laws-that-have-triggered-
controversy/667336/
7.
https://scroll.in/article/995667/in-idyllic-lakshadweep-controversial-measures-by-centres-
administrator-lead-to-uproar
8.
https://thewire.in/law/kerala-hc-asks-lakshadweep-cjm-to-release-those-arrested-for-
protesting-admin-policies
Lakshadweep, India's smallest Union Territory, has recently witnessed controversial developments under the administration of Praful K. Patel, leading to public outcry. Initiatives such as establishing a Land Development Authority, imposing a ban on beef products, and implementing the Prevention of Anti-Social Activities Regulation have sparked debates and concern among residents and activists. These changes reflect a shift in policy direction and have raised questions about governance and autonomy in the region.
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Presentation Transcript
Issue of Lakshadweep Rushan Salim Suri (SIP 57) 1st Year, B.A.LL.B(Hons.) Faculty of Law, Jamia Millia Islamia New Delhi
INTRODUCTION INTRODUCTION Lakshadweep, India s smallest Union Territory is an archipelago consisting of 36 islands in Arabian Sea off the southwestern coast of India with an area of 32 sq km. The word Lakshadweep means "one lakh islands" in Malayalam. The nearest city in the mainland is Kochi in Kerala. It is also known as the Coral Islands of India. The capital is Kavaratti and it is also the administrative headquarters of the UT. The other main islands are Agatti, Minicoy, and Amini. There is one Lok Sabha seat to represent the region. The High Court of Kerala has territorial jurisdiction over the region, along with a system of lower courts. According to the 2011 census, Lakshadweep has a population of 64,473, with a literacy rate of 92.28% and sex ratio of 946 females per 1000 males. Due to the ecological sensitivity, the entry to Lakshadweep islands is restricted. One requires an entry permit issued by Lakshadweep Administration to visit these islands, including Indians.
LAKSHADWEEP ADMINISTRATION TILL NOW LAKSHADWEEP ADMINISTRATION TILL NOW The administration of the UT is under the control of the Central Government, and is governed by an Administrator appointed by the President under Article 239 of the Constitution. The administrator has command and control over law and order, and powers of superintendence over the sub-divisional units, headed by respective Sub Divisional Officers and District Magistrate. Historically, the Administrators of Lakshadweep have been officers from Indian Administrative Services (IAS) and Indian Police Services (IPS). In 2020, after the death of Administrator Dineshwar Sharma, Praful K Patel, a politician who was also the Administrator of Dadra and Nagar Haveli and Daman and Diu UT was given the charge of Lakshadweep Administration. Since taking charge, Praful Patel has been in news due to the new developments taking place in Lakshadweep.
Image: Indian Express Praful Khoda Patel, Lakshadweep Administrator
RECENT CONTROVERSIAL DEVELOPMENTS RECENT CONTROVERSIAL DEVELOPMENTS The administration new initiatives have been at the center of controversy in the recent past, let us understand what s happening in Lakshadweep: 1. This regulation relates to the established of a Land Development Authority, which will work in planning areas for the purpose of developing malls, smart city infrastructure, with a view to make Lakshadweep a tourism destination . Lakshadweep Development Authority Regulation, 2021 2. It relates to the ban on sale, purchase, slaughter, transport of beef and beef products in the entire region, with up to 10 years imprisonment and up to Rs 5 lakh fine for violation of the same. Lakshadweep Animal Preservation Regulation, 2021 3. Popularly known as Goonda Act , it empowers the Administrator to detain a person who is acting in a manner prejudicial to the maintenance of public order for up to 1 year without legal representation. Prevention of Anti-Social Activities Regulation, 2021
4. Lakshadweep Panchayat Regulation, 2021 This regulation seeks to amend the rules for contesting local body Elections, according to which those with more than two children will not be allowed to contest Panchayat Elections and become members of Gram Panchayat. 5. Handling of COVID-19 Pandemic Till December 2020, Lakshadweep had the distinction of reporting zero cases of COVID-19, but after Praful Patel took over as Administrator, he removed the COVID SOPs relating to mandatory quarantine and testing for travelers, which led to a continual surge in cases, with over 9000 cases and 43 deaths being reported as of 13th June.
CONCERNS CONCERNS The actions of the Lakshadweep Administrator have raised concerns about the future of the Island Union Territory. The land development regulations have been described as being prepared without public consultation, and an attempt to destabilize the sensitive ecology of the region and threaten the vulnerable Schedule Tribes communities by taking away their holdings. The beef ban is in violation of freedom of choice to eat under Article 19, and a direct infringement on cultural rights under Article 29. Also, since more than 90% of the population is Muslim, the regulations are also seen as a direct attack on them. The Goonda Act is being described as draconian and arbitrary and unnecessary since the region has one of the lowest crime rates in the country. The Panchayat Regulations have been drafted without consultation from Panchayat Officials, and are in violation of the Right to Reproduce under Article 21 and Right to contest elections.
The rise in COVID-19 cases and deaths in a region with zero cases till December 2020 is being blamed on the Administrator, whose removal of COVID SOPs made the situation worse, with over 9000 cases and 43 deaths reported.
CRITICISM CRITICISM There is widespread criticism on the actions of the Administration on social media, with the hashtag #SaveLakshadweep trending and shared widely. There have been protests both by the residents and political leaders against the Adminstator, with Lakshadweep MP Mohd Faizal PP saying that the Administrator is acting in autocratic manner . Political Parties including CPI(M), INC and NCP have criticized the recent policies and have written to the President, seeking recall of the Administrator. The Kerala High Court passed a judgement, asking the Chief Judicial Magistrate (CJM) to release people arrested while protesting controversial policies implemented by the administration, upholding the right to liberty under Article 21. A Sedition case has been registered against Aisha Sultana, a filmmaker and a resident of the Island after she blamed the Administrator for mishandling of COVID-19 crisis and called him a bio-weapon sent by the Central Government. Following this, many BJP leaders in the island have resigned to protest against the untruthful case filed against Sultana.
Members of Parliament protesting against the recent actions of the Lakshadweep Administrator. Image: Indian Express Aisha Sultana, against whom sedition case has been filed. Image: Indian Express
WAY FORWARD/CONCLUSION WAY FORWARD/CONCLUSION There has been widespread criticism of the policies of the Lakshadweep Administrator. The Government should consider recall of the Administrator and reviewing of the controversial policies since it is clearly violating the rights of the inhabitants of the Island. Such regulations are an impediment to the Constitutional and democratic values of our country, and are not in consonance with the spirit of India. I personally believe the ecological sensitivity of the region must be maintained, and there should be no commercialization of the natural resources of Lakshadweep.
REFERENCES REFERENCES 1. https://indianexpress.com/article/india/aisha-sulthana-lakshadweep-filmmaker-sedition- charges-praful-patel-7354428/ 2. https://www.ndtv.com/india-news/bjp-leaders-quit-over-sedition-fir-against-lakshadweep- filmmaker-aisha-sultana-false-unjustified-2462162 3. https://indianexpress.com/article/india/lakshadweep-bjp-unit-resignations-spate-of- resignations-in-bjp-lakshadweep-unit-after-sedition-case-against-aisha-sultana-sedition-case- 7355627/ 4. https://indianexpress.com/article/explained/explained-why-lakshadweep-administration- proposals-have-upset-locals-7334818/ 5. https://indianexpress.com/article/india/beef-to-goonda-act-lakshadweep-administrator-has- ut-in-turmoil-7328864/ 6. https://theprint.in/india/these-are-the-3-lakshadweep-draft-laws-that-have-triggered- controversy/667336/ 7. https://scroll.in/article/995667/in-idyllic-lakshadweep-controversial-measures-by-centres- administrator-lead-to-uproar 8. https://thewire.in/law/kerala-hc-asks-lakshadweep-cjm-to-release-those-arrested-for- protesting-admin-policies
