LawChakra

Big Relief For Sonam Wangchuk: Central Government Revokes NSA Detention Months After Leh Protests

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The Ministry of Home Affairs has announced that the government has revoked the detention of climate activist Sonam Wangchuk linked to the violence that broke out in Leh during protests in September last year.

The Ministry of Home Affairs (MHA) announced that the government has revoked the detention of climate activist Sonam Wangchuk in connection with the violence that occurred in Leh last September.

Wangchuk had been detained earlier and transferred to Jodhpur jail in Rajasthan under the National Security Act (NSA).

The government stated that the detention had been imposed “to maintain public order” following the violent protests. It added that it is committed to promoting peace, stability, and mutual trust in Ladakh to enable constructive and meaningful dialogue with all stakeholders.

The statement said,

“In furtherance of this objective, and after due consideration, the Government has decided to revoke the detention of Shri Sonam Wangchuk with immediate effect by exercising the powers available under the National Security Act,”

The Centre also said it has been engaging with community leaders and other stakeholders in Ladakh to address the region’s aspirations and concerns.

It expressed concern that ongoing bandhs and protests have harmed the area’s traditionally peaceable character and negatively impacted students, job seekers, businesses, tour operators, tourists, and the wider economy.

Earlier, the Centre had accused Wangchuk of attempting to mobilize Gen Z for protests akin to those in Nepal and Bangladesh.

Wangchuk’s wife, Gitanjali J Angmo, challenged his NSA detention in the Supreme Court, calling it unlawful and an arbitrary infringement of his fundamental rights. She further asserted that Wangchuk condemned the violence on his social media and had made clear that violence would undermine Ladakh’s “tapasya” and the peaceful pursuit of five years.

Background

This unrest was triggered by protests demanding statehood and Sixth Schedule protections, which escalated into violent clashes.

Earlier, the Union home ministry revoked the license of his NGO under the Foreign Contribution (Regulation) Act, 2010, citing alleged violations. The MHA linked the mob violence and arson that occurred to “provocative” speeches made by Wangchuk, who referenced Arab Spring-style protests and the Gen Z movements in Nepal.

Wangchuk, however, contended that the government is fabricating a case to imprison him.

The protests in Ladakh resulted in four fatalities and over 80 injuries, including among police personnel, on Wednesday. A curfew was imposed in Leh, vehicles were set on fire, and security forces resorted to firing tear gas and live rounds to disperse the crowds.

Climate activist Sonam Wangchuk, who was on a hunger strike advocating for statehood and constitutional protections, terminated his fast as tensions escalated after two fellow hunger strikers collapsed and required hospitalization.

This turmoil occurred just days before scheduled talks between the Centre and the Leh Apex Body on October 6, which would be the first in four months. Sources from the Centre indicated that the government wanted Wangchuk excluded from the discussions, viewing him as an impediment.

The Sixth Schedule of the Indian Constitution outlines the governance of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram. It empowers local communities to play a significant role in the administration of these regions. The youth in Ladakh are advocating for their region to be governed under the protections of the Sixth Schedule.

According to this Schedule, an autonomous district can be subdivided by the governor if there are multiple Scheduled Tribes present. Each autonomous district is entitled to a District Council with no more than 30 members.

The governor is allowed to nominate up to four members, while the remaining members are elected through adult suffrage.

Furthermore, each autonomous region will have its own Regional Council.

Under the Sixth Schedule, in an autonomous district with Regional Councils, the District Council has powers limited to those delegated by the Regional Council, alongside the powers granted by the Schedule for specific areas.

The Schedule also details the legislative powers of the District Councils and Regional Councils regarding the administration of justice in these autonomous regions.

It specifies the delegation of powers under the Code of Civil Procedure, 1908, and the Code of Criminal Procedure, 1898, to the Regional and District Councils, as well as certain courts and officers for the adjudication of specific suits, cases, and offenses.

The Governor can dissolve a district or regional council based on recommendations from a Commission.

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