Issues with recent draft rules notified by the Lakshadweep administration

Synopsis: The recent changes brought in Lakshadweep Administration in the name of public purpose is against the public interest and ethos of the island.

Background:

• Recently, the administrator of Lakshadweep brought changes to the following acts to promote infrastructural development to boost tourism.
  • Development Authority Regulation,
  • Prevention of Anti-Social Activities Regulation,
  • Lakshadweep Panchayat Regulation and
  • Lakshadweep Animal Preservation Regulation
• However, the proposed changes ignore the significance of cultural ecology, cultural geography and strategic location of Lakshadweep.
• These changes are also against the 2019 Kerala HC judgement which had recognised the special status given to the inhabitants for protecting their ethnic culture and traditions.
• Now, the draft rules are challenged before the High Court of Kerala.

What is unique about Lakshadweep?

• It is an egalitarian coconut tree owning society.
• It has little economic inequality along with high literacy and high unemployment.
• The Muslim community is designated as Scheduled Tribes.
• Coconut trees are the main agricultural crop and fisheries is the main economic activity.
• Fisheries employ the majority of the working population.
• Since solar electricity requires a large land area, electricity is generated through diesel generators.

What are the two competing visions for the island’s future?

• NITI Aayog’s vision 2019: It identified water villas and land-based tourism projects as the development issue faced by the islands.
  • It also suggested zoning-based land acquisition and focused on sustainable development.
  • However, it ignores the fragile environment and culture.
• Integrated Island Management Plan 2016: It was prepared under the guidance of the Supreme Court and the National Centre for Sustainable Coastal Management.
  • It had rejected ‘home stays’ in view of the strict social customs and strong resistance of the vast majority.
  • It also suggested that development programmes should be implemented in consultation with the elected local self-government bodies
  • It also recommended adherence to scientifically determined plans.

Major concerns associated with the new changes in Lakshadweep administration

• Firstly, these changes are arbitrary, authoritarian and will destroy the way of life.
• Secondly, vague criteria of ‘public purpose’ for acquiring private land will increase conflict.
  • Dev Sharan vs State of Uttar Pradesh, 2011: SC observed that “Any attempt by the State to acquire land by promoting a public purpose to benefit a particular group of people or to serve any particular interest at the cost of the interest of a large section of people especially of the common people defeats the very concept of public purpose.
• Thirdly, Since, the existing water balance is under stress, it is difficult to adopt tourism.
  • All the inhabited islands already have a scarcity of drinking water supply. Hence, the conventional method of sewage treatment is not feasible because of the coral sandy strata and high-water table.
• Fourthly, arbitrary changes will affect the relationship between the state and society, resulting in trust deficit and misgovernance.
  • For instance, the powers of the panchayats have been withdrawn on grounds of corruption, two-child policy for election candidates, banning beef and allowing liquor only for tourists.
  • Also, the new draft legislation has brought preventive detention for ‘anti-social activities’ whereas the island has no case of murder or smuggling by local people.
• The Lakshadweep Administration has said the changes are in line with Maldives development road. However, it has adopted a very different strategy without the active participation of the public.

How the Maldives development strategy is different from the Lakshadweep administration?

• Firstly, tourism in the Maldives is centred on water villas in uninhabited islands, ensuring that very few coconut trees are cut.
• Secondly, only limited homestays are allowed.
• Thirdly, Maldives has a ‘one island, one resort’ policy which has kept very little pressure on reefs low.
• Fourthly, since the rich and healthy reefs are essential for economic returns, its business model is about giving coral reefs economic significance.

Source: The Hindu