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in Features, Speaking Up

Letter by former civil servants to PM on disturbing developments in Lakshadweep

byConstitutional Conduct Group
June 5, 2021
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#World Environment Day: Lakshadweep Happenings -- The Big Plot

Dear Prime Minister,

We are a group of former civil servants of the All India and Central Services who have worked with the Central and State Governments in the course of our careers. As a group, we have no affiliation with any political party but believe in impartiality, neutrality and commitment to the Constitution of India. We write to you today to register our deep concern over disturbing developments taking place in the pristine Union Territory (UT) of Lakshadweep in the name of ‘development’.

Lakshadweep occupies a unique place in India’s geographic and cultural diversity. It is an ecologically sensitive coral archipelago located off the Malabar coast consisting of 36 islands (of which 10 are inhabited and one developed as a tourist resort)spread out over 32 sq. kms. in the Indian Ocean, with a Muslim majority population of around 65,000 that is matrilineal, largely egalitarian, and ethnically close to Kerala, from where it was ruled through much of its history. According to the Scheduled Castes and Scheduled Tribes list (modification orders), 1956, the inhabitants of Lakshadweep are treated as Scheduled Tribes.

Mindful of the intimate and symbiotic bonds between the land, climate, culture and livelihoods of the local population, the Central government has, over the decades,tried to pursue an environmentally sound and people-centric development policy towards the islands through a centrally appointed Administrator guided by a specially constituted Island Development Authority for the island territories of India, chaired by the Prime Minister. In 1988, the Authority approved a framework for development of India’s island territories that concluded that: “An environmentally sound strategy for both island groups hinges on better exploitation of marine resources coupled with much greater care in the use of land resources.”

Since then, scientists and climate experts have been documenting the threats to the coral atolls protecting the islands, fromincreasing human activity, climate change and rising sea levels, and warning that the coral reefs around some of the islands such as Kavaratti are declining beyond their power of regeneration and threatening their very existence. The need to pursue environment and climate sensitive policies in fragile ecologies becomes even more relevant with the Prime Minister himself reaffirming India’s commitment to climate change and the upcoming COP 26 meeting in the UK.

Although there have been pressures for more aggressive development over the years at the cost of the islanders, and the administration of the islands, staffed at higher levels by officers from the AGMUT cadre, is open to the charge of paternalism, this island sensitive pattern of development has held so far.The assumption of additional charge of Administrator of Lakshadweep by Shri P.K. Patel,Administrator of Dadra and Nagar Haveli, Daman and Diuin December 2020 threatens to undo this paradigm entirely. Since taking charge, he has introduced drafts of three regulations– the Lakshadweep Development Authority Regulation (LDAR), the Lakshadweep Prevention of Anti-Social Activities Regulation (commonly known as PASA or the Goonda Act elsewhere), and the Lakshadweep Animal Preservation Regulation (LAPR)– as well asan amendment to the Lakshadweep Panchayat Regulationsthat have generated widespread anxiety in Lakshadweep and the nation at large. These drafts have been introduced without local consultation and are presently with the Ministry of Home Affairs, Government of India for necessary approvals.

It is clear that each of these draft regulations is part of a larger agenda that is against the ethos and interests of the islands and islanders. Claiming that there has been no development in Lakshadweep for the past seventy years, the LDARreflects a model ofland and tourism development which includes resorts, hotels and beachfronts on the ‘Maldives model’ unmindful of the differencesbetween the two island groupsin size, population, number of islands and their spread. Draft provisions that permit “building, engineering, mining, quarrying or other operations in, on, over or under land, the cutting of a hill or any portion thereof or the making of any material change in any building or land or in the use of any building including sub-division of any land” for highways etc. in small islands that barely exceed 3-4 kms in length,constitute a serious threat to the fragile ecosystem of Lakshadweep.

Besides ignoring the unique geography of the UT and its community life, the LADRalsovests arbitrary and draconian powers in the Administrator to acquire, alter, and transfer properties and/or remove or relocate islanders from their property, for town planning or any developmental activity that he decides is necessary, threateningthe islanders’ rights to possess and retain their property. The administration has already razed beach huts, storing boats, nets and other fishing equipment of local fishermen, presumably to clear beaches for tourism development, alleging that they had encroached onto government land and citing violations of the Coastal Regulation Zone rules and the Coast Guard Act, even though the fishermen were exempt from Coastal Regulation Zone rules.

Concerns over dispossession of land, predatory corporate development and destruction of the environment have been compounded by the draft PASA,a preventive detention regulation that enablesthe Administrator to detain any person for up to a year for common crimes (like anti-social behaviour, smuggling contraband drugs and liquor, involvement in immoral traffic, land grabbing, cyber-crimes, sexual offences or damaging the environment).National security concerns in a sensitive maritime area,including infiltration of terrorists and arms, have also been cited in support of the Regulation. In a territory where, according to the National Crime Records Bureau, crime rates are very low compared to the rest of India, it has generated fears that the real purpose of the Regulation is to smother dissent or protests against the policies and actions of the Administratororon any other issue.

Other regulations proposed by the Administrator target food and dietary habits and religious injunctions of the local islanders, 96.5% of whom are Muslims. The LAPRwill, if passed into law, effectively ban the killing of bovine animals and prohibit the consumption, storage, transport or sale of cattle meatin an island environment where there are inherent limits to livestockdevelopment. No such prohibitions apply to several states in the North-East and even the state of Kerala next door. Inexplicably, a government run dairy farm producing milk for the islanders has been shut down by the Administrator. Stringent conditions for fitness certificates for animals to be slaughtered will make the slaughtering of any animal very difficult.

In addition, in an island territory where fruits, vegetables, cereals and pulses have to be supplied and distributed from the mainland by sea and are frequently not fresh, where fishing is risky during the monsoon months, and meat is part of their daily diet, non-vegetarian food has been arbitrarily removed from mid-day school meals. A ban on the sale and consumption of alcohol in keeping with the religious sensitivities of the overwhelmingly Muslim population has been lifted, once again ostensibly to promote tourism, giving both the beef ban and lifting of prohibition on alcohol an avoidable communal colour in a sensitive maritime region where communal disharmony could harm national security.

The changes being proposed by the Lakshadweep Panchayat Regulation, 2021 for elections to gram panchayats thatwill disqualify candidates with more than two children from contesting seats for the gram panchayattoohave been proposed without any local consultation or taking into account local sensitivities. Other arbitrary actions like the shutting down of schools in the islands ‘to reduce public expenditure’ and terminating employment of youth working in different departments before the completion of their tenure, have added to the unhappiness of the islanders with the Administrator. Anotherinexplicable recent modification excludes Beypore port (Kozhikode) from the three ports connecting Lakshadweep to the mainland (Kochi and Mangaluru being the others), compounding the perennial problem of connectivity of the dispersed north-south island chain with the mainland.

The District Dweep Panchayat led by the ‘President cum Chief Counsellor’ is the only elected local body in Lakshadweep in an archipelago already perceived to be ruled by remote central administrators,with whom there exists a linguistic barrier. Rather than undermining its status and sanctity, the Dweep Panchayat is the obvious forum for consultation for new legislation, particularly those as disruptive as the LDAR, PASA and LAPR. It could be empowered instead of being ridden rough shod over.Without such consultations with local bodies, the Lakshadweep Development Authority and the powers vested in it, will be seen as just grabbing land for real estate and tourism interests.

The arrival of the Administrator has also aggravated problems relating to COVID. Until his appointment in December 2020, Lakshadweep did not report a single case of COVID-19. With his arrival and occasional visits, mandatory quarantine guidelines and SOPs for those arriving from the mainland(taking into account its small island character, density of population and rudimentary health facilities)have been relaxed, leading to the first reported case of COVID-19 on 18 January 2021, the first Covid death on 24 February 2021, 8479 cumulative cases and35 deaths as of date, leading to a total lockdown situation until recently.

Each of these measures smacks not of development but of alien and arbitrary policy making, in violation of established practices that respect the environment and society of Lakshadweep. Taken together, the actions and far-reaching proposals of the Administrator, without due consultation with the islanders, constitute an onslaught on the very fabric of Lakshadweep society, economy and landscape as if the islands were just a piece of real estate for tourists and tourism investors from the outside world. They threaten to deprive the local population of their lands and livelihoods for an alien and exploitative model of development for the benefit of others in which they may at best occupy the lowest rung of service providers,thatwill disrupt traditional lifestyles, food, customs, society and social harmony and impose alien lifestyles, seriously and irreversibly damage the island’s fragile ecology, and threaten the peace and tranquillity of the island. There have already been protests against these policies by the islanders as well as political figures from the island, neighbouring Kerala and political parties.

The present Administrator’s various measures, including the introduction of the three new Regulations and the modification of an existing Regulation, seem entirely misconceived, opening the islands to predatory development and threatening to disrupt and displace a peaceful island community and change their lives for the worse. We urge that these measures be withdrawn forthwith, the UT be provided with a full-time, people-sensitive and responsive Administrator, and that an appropriate development model that emphasisesaccess to safe and secure healthcare, education, just governance, food security and livelihood options linked to the ecosystem, in consultation with islanders, be put in place,building on the achievements thus far.Such a model of sustainable development of the coral atolls willhighlight our commitment to environmental conservation while also improving the living standards of the people of Lakshadweep. That our letter to you is sent on World Environment Day is an affirmation of our unshakeable conviction that human life is firmly tied to the earth.

 

SATYAMEVA JAYATE

 

Yours sincerely.

CONSTITUTIONAL CONDUCT GROUP

 

 

(93 signatories, as below)

 

1.
Anita Agnihotri
IAS (Retd.)
Former Secretary, Department of Social Justice Empowerment, GoI
2.
Salahuddin Ahmad
IAS (Retd.)
Former Chief Secretary, Govt. of Rajasthan
3.
S.P. Ambrose
IAS (Retd.)
Former Additional Secretary, Ministry of Shipping & Transport, GoI
4.
G. Balachandhran
IAS (Retd.)
Former Additional Chief Secretary, Govt. of West Bengal
5.
Vappala Balachandran
IPS (Retd.)
Former Special Secretary, Cabinet Secretariat, GoI
6.
Gopalan Balagopal
IAS (Retd.)
Former Special Secretary, Govt. of West Bengal
7.
Chandrashekhar Balakrishnan
IAS (Retd.)
Former Secretary, Coal, GoI
8.
Rana Banerji
IAS (Retd.)
Former Special Secretary, Cabinet Secretariat, GoI
9.
Sharad Behar
IAS (Retd.)
Former Chief Secretary, Govt. of Madhya Pradesh
10.
Aurobindo Behera
IAS (Retd.)
Former Member, Board of Revenue, Govt. of Odisha
11.
Madhu Bhaduri
IFS (Retd.)
Former Ambassador to Portugal
12.
K.V. Bhagirath
IFS (Retd.)
Former Secretary General, Indian Ocean Rim Association, Mauritius
13.
Sudha Bhave
IAS (Retd.)
Former Secretary, Textiles, Govt. of Maharashtra
14.
Meeran C Borwankar
IPS (Retd.)
Former DGP, Bureau of Police Research and Development, GoI
15.
Ravi Budhiraja
IAS (Retd.)
Former Chairman, Jawaharlal Nehru Port Trust, GoI
16.
Sundar Burra
IAS (Retd.)
Former Secretary, Govt. of Maharashtra
17.
R. Chandramohan
IAS (Retd.)
Former Principal Secretary, Transport and Urban Development, Govt. of NCT of Delhi
18.
Tishyarakshit Chatterjee
IAS (Retd.)
Former Secretary, Environment & Forests, GoI
19.
Kalyani Chaudhuri
IAS (Retd.)
Former Additional Chief Secretary, Govt. of West Bengal
20.
Gurjit Singh Cheema
IAS (Retd.)
Former Financial Commissioner (Revenue), Govt. of Punjab
21.
Anna Dani
IAS (Retd.)
Former Additional Chief Secretary, Govt. of Maharashtra
22.
P.R. Dasgupta
IAS (Retd.)
Former Chairman, Food Corporation of India, GoI
23.
Pradeep K. Deb
IAS (Retd.)
Former Secretary, Deptt. Of Sports, GoI
24.
Keshav Desiraju
IAS (Retd.)
Former Health Secretary, GoI
25.
M.G. Devasahayam
IAS (Retd.)
Former Secretary, Govt. of Haryana
26.
Sushil Dubey
IFS (Retd.)
Former Ambassador to Sweden
27.
K.P. Fabian
IFS (Retd.)
Former Ambassador to Italy
28.
Prabhu Ghate
IAS (Retd.)
Former Addl. Director General, Department of Tourism, GoI
29.
Arif Ghauri
IRS (Retd.)
Former Governance Adviser, DFID, Govt. of the United Kingdom (on deputation)
30.
Gourisankar Ghosh
IAS (Retd.)
Former Mission Director, National Drinking Water Mission, GoI
31.
Suresh K. Goel
IFS (Retd.)
Former Director General, Indian Council of Cultural Relations, GoI
32.
H.S. Gujral
IFoS (Retd.)
Former Principal Chief Conservator of Forests, Govt. of Punjab
33.
Meena Gupta
IAS (Retd.)
Former Secretary, Ministry of Environment & Forests, GoI
34.
Ravi Vira Gupta
IAS (Retd.)
Former Deputy Governor, Reserve Bank of India
35.
Wajahat Habibullah
IAS (Retd.)
Former Secretary, GoI and former Chief Information Commissioner
36.
Sajjad Hassan
IAS (Retd.)
Former Commissioner (Planning), Govt. of Manipur
37.
Siraj Hussain
IAS (Retd.)
Former Secretary, Department of Agriculture, GoI
38.
P.K. Lahiri
IAS (Retd.)
Former ED, Asian Development Bank & Former Revenue Secretary, GoI
39.
Subodh Lal
IPoS (Resigned)
Former Deputy Director General, Ministry of Communications, GoI
40.
B.B. Mahajan
IAS (Retd.)
Former Secretary, Deptt. of Food, GoI
41.
Harsh Mander
IAS (Retd.)
Govt. of Madhya Pradesh
42.
Amitabh Mathur
IPS (Retd.)
Former Special Secretary, Cabinet Secretariat, GoI
43.
Aditi Mehta
IAS (Retd.)
Former Additional Chief Secretary, Govt. of Rajasthan
44.
Dalip Mehta
IFS (Retd.)
Former Secretary to GoI & Dean, Foreign Service Institute
45.
Rita Menon
IAS (Retd.)
Former CMD, India Trade Promotion Organisation, GoI
46.
Shivshankar Menon
IFS (Retd.)
Former Foreign Secretary and Former National Security Adviser
47.
Sonalini Mirchandani
IFS (Resigned)
GoI
48.
Malay Mishra
IFS (Retd.)
Former Ambassador to Hungary
49.
Avinash Mohananey
IPS (Retd.)
Former Director General of Police, Govt. of Sikkim
50.
Jugal Mohapatra
IAS (Retd.)
Former Secretary, Department of Rural Development, GoI
51.
Deb Mukharji
IFS (Retd.)
Former High Commissioner to Bangladesh and former Ambassador to Nepal
52.
Shiv Shankar Mukherjee
IFS (Retd.)
Former High Commissioner to the United Kingdom
53.
Gautam Mukhopadhaya
IFS (Retd.)
Former Ambassador to Myanmar
54.
Nagalsamy
IA&AS (Retd.)
Former Principal Accountant General, Tamil Nadu & Kerala
55.
T.K.A. Nair
IAS (Retd.)
Former Adviser to Prime Minister of India
56.
Sobha Nambisan
IAS (Retd.)
Former Principal Secretary (Planning), Govt. of Karnataka
57.
P. Joy Oommen
IAS (Retd.)
Former Chief Secretary, Govt. of Chhattisgarh
58.
Amitabha Pande
IAS (Retd.)
Former Secretary, Inter-State Council, GoI
59.
Niranjan Pant
IA&AS (Retd.)
Former Deputy Comptroller and Auditor General, GoI
60.
Alok Perti
IAS (Retd.)
Former Secretary, Ministry of Coal, GoI
61.
R. Poornalingam
IAS (Retd.)
Former Secretary, Ministry of Textiles, GoI
62.
Rajesh Prasad
IFS (Retd.)
Former Ambassador to the Netherlands
63.
Sharda Prasad
IAS (Retd.)
Former Director General (Employment and Training), Ministry of Labour and Employment, GoI
64.
R.M. Premkumar
IAS (Retd.)
Former Chief Secretary, Govt. of Maharashtra
65.
N.K. Raghupathy
IAS (Retd.)
Former Chairman, Staff Selection Commission, GoI
66.
V.P. Raja
IAS (Retd.)
Former Chairman, Maharashtra Electricity Regulatory Commission
67.
M.Y. Rao
IAS (Retd.)
68.
Satwant Reddy
IAS (Retd.)
Former Secretary, Chemicals and Petrochemicals, GoI
69.
Julio Ribeiro
IPS (Retd.)
Former Adviser to Governor of Punjab & Former Ambassador to Romania
70.
Aruna Roy
IAS (Resigned)
71.
Manabendra N. Roy
IAS (Retd.)
Former Additional Chief Secretary, Govt. of West Bengal
72.
A.K. Samanta
IPS (Retd.)
Former Director General of Police (Intelligence), Govt. of West Bengal
73.
Deepak Sanan
IAS (Retd.)
Former Principal Adviser (AR) to Chief Minister, Govt. of Himachal Pradesh
74.
G. Sankaran
IC&CES (Retd.)
Former President, Customs, Excise and Gold (Control) Appellate Tribunal
75.
Shyam Saran
IFS (Retd.)
Former Foreign Secretary and Former Chairman, National Security Advisory Board
76.
S. Satyabhama
IAS (Retd.)
Former Chairperson, National Seeds Corporation, GoI
77.
N.C. Saxena
IAS (Retd.)
Former Secretary, Planning Commission, GoI
78.
A. Selvaraj
IRS (Retd.)
Former Chief Commissioner, Income Tax, Chennai, GoI
79.
Ardhendu Sen
IAS (Retd.)
Former Chief Secretary, Govt. of West Bengal
80.
Abhijit Sengupta
IAS (Retd.)
Former Secretary, Ministry of Culture, GoI
81.
Ashok Kumar Sharma
IFoS (Retd.)
Former MD, State Forest Development Corporation, Govt. of Gujarat
82.
Ashok Kumar Sharma
IFS (Retd.)
Former Ambassador to Finland and Estonia
83.
Navrekha Sharma
IFS (Retd.)
Former Ambassador to Indonesia
84.
Raju Sharma
IAS (Retd.)
Former Member, Board of Revenue, Govt. of Uttar Pradesh
85.
Sujatha Singh
IFS (Retd.)
Former Foreign Secretary, GoI
86.
Tirlochan Singh
IAS (Retd.)
Former Secretary, National Commission for Minorities, GoI
87.
Jawhar Sircar
IAS (Retd.)
Former Secretary, Ministry of Culture, GoI, &former CEO, Prasar Bharati
88.
Parveen Talha
IRS (Retd.)
Former Member, Union Public Service Commission
89.
Thanksy Thekkekera
IAS (Retd.)
Former Additional Chief Secretary, Minorities Development, Govt. of Maharashtra
90.
P.S.S. Thomas
IAS (Retd.)
Former Secretary General, National Human Rights Commission
91.
Hindal Tyabji
IAS (Retd.)
Former Chief Secretary rank, Govt. of Jammu & Kashmir
92.
Jawed Usmani
IAS (Retd.)
Former Chief Secretary, Govt. of Uttar Pradesh & former Chief Information Commissioner, Uttar Pradesh
93.
Ramani Venkatesan
IAS (Retd.)
Former Director General, YASHADA, Govt. of Maharashtra

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