All You Need to Know about UT (for Ladakh)

• A Union Territory is a sub-national administrative division of India, in the federal framework of governance. Unlike the states of India, which have their own elected governments, union territories are ruled directly by the federal government or central government. There are many UTs like Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Lakshadweep or Pondicherry in India.

Pros of the Case :

The Demand for UT  status is attributed mainly  to Buddhists of Leh. Below is an outline for this demand:

• Demand for UT status for Ladakh is rooted in resentment against Kashmiri , administrative and political control.  In the 1970s, the demand for a “Central Administration” and UT was undermined by dividing Ladakh on communal basis by creating two districts.
•  Kashmiri leadership successfully kept both the communities divided through tactful “divide and rule” policy.

It is felt in Leh that Kargili leaders  have been  made insecure by suggesting that UT status will make Muslims of Ladakh to fall under the Buddhist dominance and they will suffer enormously thereafter.

• The idea of  “Greater Ladakh” which  is considered an idea of  former Chief minister of J&K Sheikh Abdullah. The concept of GL was to bring in the multilateral dimension of involving Pakistan, China, India and UN Security Council to focus on Ladakh. It seems the concept had not attracted the attention of the people of Gilgit-Baltistan.
• Kashmiri discrimination against Buddhist and Muslim of Ladakh had been equal.  Kargil has remained more backward despite religious affinity, despite geographical proximity and despite better connectivity with Kashmir.
• The demand is synonymous with the demand for empowerment of the cold desert, which has suffered discrimination at the hands of successive state governments despite having been given the autonomous hill councils -— Leh district got it in 1995, Kargil district in 2002. The backwardness of the desert is visible in the impoverished neighbourhoods. The Ladakh region also puts up with complete isolation for six or more months when roads connecting it to the rest of the country are closed by heavy snowfall. These are large issues which fall under the purview of the state government.

Those opposing the demand say that the exercise could lead to disintegration of the state and would require a constitutional amendment by the state legislature. The Centre cannot do anything unilaterally about the issue. Apart from the opposition of the Kashmir-centric parties and the Shia Muslim population of Kargil, there are constitutional hurdles in granting UT status to the region. First, it cannot be given to Leh only. There is Muslim population in Leh district, while the Zanskar area of Kargil is Buddhist-dominated. This can start, it is feared, an ethnic and religious conflict.

         The Centre is empowered to declare any area UT. But that is an exception not a rule. For example, Chandigarh was declared a UT because of the dispute between two states, Punjab and Haryana.

The state of J&K in the Constitution has been defined the way its territory existed in an undivided state in 1947. As of now, one-third of its part is under illegal occupation of Pakistan.

• As for Art 370 as i understand it .There are two aspects to the issue viz, how does Art 370 operate and what are it's failings.By existing constitutional law Art 370 cannot be abrogated or vitiated but, by exploiting it's legal infirmities,one can,if national political will is determined. Watering down 370 will amount to political chicanery because it militates against the objective of the Art-to give greater autonomy and power than other states. I am not advocating rescinding the Article,for national integeration can flow automatically from deft rather than abrasive politics.

Art 370 empowers President to define the constitutional relation of J&K with India. It is the bridge linking The State with The Union. Art 370 Constitution Application to J&K Order 1954' is the presidential authority that applies union legislation to the state. President, however, has to exercise his powers within the allowance of the Instrument of Accession (IOA). This executive power is exercised by president through Parliament. Parliament is empowered to make laws on subjects in the union list in "consultation" with state govt and make laws on subjects in the concurrent list in "concurrence" with the state govt. Art 249 and Art 250 only empower the union to over rule the state legislations that conflict with the union legislation(in the areas prescribed above). In order to be able to abrogate/amend Art 370, President can issue a notification,only if recommended by the constituent Assembly. Art 368 on amendment, is also fettered on this issue. Besides, Art 147c of the constitution of J&K does not permit introduction of the bill for amendment or seeking any change to Art 370. State legislature does not carry constituent powers. Basic structure of the constitution cannot be changed by the Assembly unless specially empowered and then, should not get struck down by judicial review. Now, the devil's part(scope for abrogation/amendment   The legal infirmities that qualify Art 370 for a review, as per my reckoning are:

On 26 Nov 1949, when the constitution of India was being adopted,future relationship of J&k was still evolving. However due to the exigency of finalizing the constitution of India, a temporary provision in the form of Art 370 was incorporated.

The principle of 'Rubuc Sic Standibus' defines that if the existing situation that lead to the creation of a law/Article/Act, has undergone a material change then the legislation becomes ineffective.

Art 370 violates the fundamental principle of 'equality' among states. This is a violation of international constitutional law.

By virtue of this Art., the population of J&K is deprived of fundamental and inalienable human rights that are guaranteed to rest of the population of India through Articles 14 to 32(fundamental rights). Progressive legislations also fail to reach J&K.

Special status and preferential powers were temporarily granted so that the state could come out of the backwardness-allegedly on account of mal administration by the then Maharajah. During this period,even the Dalits in India have created a creamy layer for themselves-not to talk about J&K.

Governor is the part of legislature and head of the state executive(Govt). He has absolute discretionary powers vide Art 166, that are so powerful that even the president would itch-to be a Guv.

Sovereignty of India over J&K was consummated by ratification of the IOA and promulgation of the constitution of J&K on 17 Nov 1957 by the state assembly. Art 3 of this constitution and Article 1 of the constitution consider J&K as a part of the union of India. Art 147c of the constitution of J&k prohibits introduction of a bill into the state legislature,that intends to abrogate or amend Art 3. Principles of sovereignty, as observed in international law demand national integration.

If 40% of the population of the country feel that a review of this piece of legislation is merited,it is a legal and politically ethical point to ponder upon,by the union legislature.

Constitutional experts quote two judgements to support the statement that prez can amend/abrogate Art 370. Puran lal lakhan pal V UoI AIR 1961 and Sampat Prakash V state of J&K AIR 1970. I have not gone through these judgements.

But jurisprudence dictates that life and lore of a society do not progress by law and adversarial legislation. At the same time, philosophy of Roscoe Pound has legitimized social engineering through state legislations and Socio-legal movements. PIL, RTI and host of other legislations remain a beacon in this regard. A national debate on Art 370 is thus, very much in order.

As per international law, Instrument of Accession is not a final document. It is only an expression of consent. Consent to agree to a treaty on the subject. By interpretation, the details are subject to final settlement.

A View to a Kill | First ever Documentation of a snow leopard’s successful hunt |

See the first ever photos of a snow leopard’s successful hunt and read photographer Adam Riley’s thrilling account of the unforgettable experience!

During a snow leopard viewing expedition in India’s Hemis National Park, wildlife photographer Adam Riley was able to observe – and take photos of – a cat hunting and killing a blue sheep. He shares his pictures and story with us here.

Text and photos by Adam Riley (INDRI Ultimate Wildlife Tours)

[comment, Snow Leopard Trust, 3/6/2104: 

This is the first ever documentation of a snow leopard kill in the wild. Over the past few years, more and more tourists have been visiting Rumbak, the area in which these photos were taken, hoping to see a wild snow leopard - and many of them have indeed encountered the majestic cat. These visitors have brought visibility to the snow leopard and have helped strengthened local communities' acceptance of the cat - developments that are extremely important for snow leopard conservation. 

However, we strongly feel that tourism in this fragile ecosystem should be practiced responsibly. The number of people visiting a particular area; camping policies and waste disposal plans have to be carefully planned.

In absence of carefully drafted policies for responsible tourism, it is possible that the negative effects of high tourist influx to the ecology of the area may outweigh the benefits it may generate in terms of generating revenue and awareness.

We have decided to share these photos here, because they are important and because we believe our supporters have a high level of interest in them. We hope they will help animate the discussion on responsible tourism in snow leopard habitat.] 

It was our third day in high elevation Hemis National Park, we had awakened before dawn and chugged down a mug of life-giving coffee before ascending a few hundred yards to a knoll above our tented camp in the Rhumbak Valley.

The cat (center) is gathering strength before launching its attack

At this very spot, on our first afternoon in the park, and within half an hour of officially beginning our Snow Leopard search, our expert local spotter had exclaimed“Shan!!” – the Ladakhi name for Snow Leopard. After a few tense moments and some mild panic, we had all trained our telescopes on a Snow Leopard stalking across a far mountain slope. The distance was extreme, estimated at 2.5-3km, even the cat’s spots were hard to discern, yet we spent an enthralling hour and a half watching it sunning itself on a rock, then rolling like a tabby in loose gravel before setting off, at a remarkably rapid pace, across the mountain slope until it disappeared above a cliff face. Moments later it came barreling down the cliff in a chase, scattering a herd of Blue Sheep in all directions, however it didn’t seem to reach striking distance of any of them. It then disappeared over the mountain ridge, seemingly in disgust!

“High fives” were shared all round, we were elated! We had 9 days in the mountains and by the first day we had already actually clapped eyes on this, the Grey Ghost of the Himalayas, albeit distantly. Seeing a wild Snow Leopard is every wildlife enthusiast’s dream, probably the ultimate and most elusive wildlife experience on the planet. This Holy Grail of sightings was until quite recently, virtually impossible, requiring months of extreme endurance for even the slimmest glimmer of hope. Peter Matthiessen’s famous book Snow Leopard describes such an attempt that proved ultimately unsuccessful in his primary goal of glimpsing a Snow Leopard.

a herd of blue sheep, the snow leopard’s preferred prey

Knowing this, we were certainly far from disappointed by our experience but we of course all dreamed of a closer view. So the next day we trekked to the Tarbung Valley, lying below our camp. It was on the upper slopes of this valley where our distant Snow Leopard had been observed. By the end of the day our eyes were stinging with the effort of incessantly scanning the slopes surrounding us for another view of this cryptic feline. I hadn’t imagined that there would literally be millions of locations within view at any time where a Snow Leopard could be hiding! By sunset we felt that we were faced with a near impossible task and were grateful for the extreme luck to have obtained our first sighting! However, we were somewhat encouraged by spotting at least 10 herds of Blue Sheep (locally known as Bharal) on the slopes around this lower valley. These sturdy mountain sheep are the preferred diet of the Snow Leopard in this part of its range and the high density of prey was a good indication that a predator should be around!

Our guide explained that camera traps scattered at strategic sites in the three valleys around our camp had revealed that there were no less than 11 resident Snow Leopards in the immediate vicinity! An astounding density for a large predator, especially in such a cold, desert-like environment.

Day three had dawned bright and sunny once again. We opted for a pre-breakfast scan at the knoll above camp from where we had lucked into our first sighting. This time it was our assistant Snow Leopard spotter who uttered the magical word, and after a scramble we were again all watching a much closer Snow Leopard in the Tarbung Valley. The cat actually appeared almost golden in the early morning light and this time we could admire its magnificent thick, blotched pelt, extremely long tail and large head. Snow Leopards are the subject of recent taxonomic debate, sometimes being placed in their own genus Uncia (from their earliest Western name Ounce, an ancient name first given to the Eurasian Lynx; which also occurs in Hemis National Park). However most recent research places them amongst the Panthera. This is the genus of the typical large cats including Lion, Leopard, Jaguar and Tiger. In fact genetic evidence indicates that the Snow Leopard’s closest living relative is the Tiger. Our Snow Leopard sat, quite Cheetah-like, before stalking off and once again rolling in the gravel, apparently an indication of the desire to mask its scent before a hunt. We realized that we could place ourselves much closer to our dream target if we hiked down into the valley where we had spent the previous day, so we left one of our spotters on the knoll with a radio and we descended with bated breath, by-passing camp and breakfast en route!

Half an hour later we were on the slope opposite to where we had seen our Snow Leopard and with directions from our spotter we managed to relocate the cat. It was barely visible at the top of an outcrop about 300m away, cautiously peering over the rocks at us. We settled down and trained our telescopes, cameras and binoculars on the far slope and slowly but surely, our leopard gained confidence until it lifted its whole head and stared at us. As the sun rose and the day heated up, our cat dozed off, all we could see was a paw and the top of its head.

As the shadows lengthened, a herd of ten Blue Sheep made an appearance on the scene. They slowed grazed their way up from the stream cutting through the valley, heading in the general direction of the rocky outcrop in which our Snow Leopard was resting. Closer and closer they approached and our adrenalin levels began to rise, but then the lead sheep changed direction and started moving back down the hill. Seven in total descended but two adults and a juvenile kept moving towards the danger zone…

After an hour the sun dipped over the horizon and the temperatures started to plummet. The three upper sheep stopped grazing and lay down, seemingly bedding down for the night, and we guessed that the show was over. In fact some of our group decided to head back to camp. However after another quarter of an hour these three sheep started grazing again and continued making their way to the lusher grasses growing along the base of the outcrop in which our Snow Leopard was still snoozing. Suddenly the Snow Leopard detected the presence of its prey and sat up on its haunches for the first time since we had relocated it. It began to bob its head from side to side, a clear feline sign of measuring distance and perspective in planning an attack. We could not believe our fortune, could we really be treated to a Snow Leopard hunt – this was beyond our wildest dreams?Then the leopard was moving and it headed along the top of the outcrop, disappearing on the hidden slope opposite to where the sheep were grazing.

unsuspecting sheep before the attack

Two minutes later it appeared half way down the outcrop and slightly above the Blue Sheep. First it sat up trying to relocate its prey and once locked on, the cat slunk low and crept into a fault line that ran across the outcrop towards the sheep. Half way across the rocks, it sunk into a hollow, just the top of its head visible as it kept a careful watch. The two adult sheep now began moving away from the attack zone, did they have an instinct that danger was near, or did they know from experience not to dally near rocks where leopards might lie in wait?

However the young sheep carried on oblivious heading higher up the slope along the edge of the outcrop, and closer and closer to the hidden Snow Leopard. By this stage we were all at our wits end and shaking with excitement, was the Snow Leopard going to charge, why was it taking soooooo long? My shoulders were aching with the effort of holding my camera ready for the pounce.

And finally in a blur, everything happened.

The Snow Leopard leapt from its cover, bounding across the rocks in great leaps towards the young Blue Sheep. All three sheep took to flight, creating dust trails in their wake. The speed at which the Snow Leopard closed ground on the young sheep was remarkable as it barreled off the rocky outcrop to open ground, clearing a large rock en route.

Within seconds the Snow Leopard was on the hapless sheep. After careful scrutiny of images, it seems that the Blue Sheep lost its footing as it tried to escape but in the process it kicked up a load of gravel and dust, right into the Snow Leopard’s face, temporarily blinding the cat. This gave the sheep a vital break and it was able to pull away from the leopard which kept at its heels but was several critical paces behind.

The two adult sheep has gone their separate ways, one heading downhill away from the danger and the other, possibly the younger sheep’s mother, scrambling up a steep slope. At this point, our young sheep made a tactical error and instead of fleeing downslope, it tried to follow the upper sheep.

The slope became incredibly steep, almost vertical, and this gave the Snow Leopard its chance to gain ground on its shorter legged target.

Finally the young sheep realized the leopard was almost upon it and bravely pulled a u-turn, heading back down the slope in the direction from which it had come. Snow Leopards have extremely long tails, up to a meter in length and besides storing fat, the tail is utilized as a ‘scarf’ in the winter. This tail is also a valuable rudder and balancing device, thus the Snow Leopard was easily able to perform its own abrupt u-turn and track the sheep back down the slope.

The young sheep cleared a massive jump, but it was the beginning of the end as it could not match the 15m (50ft) jumps that a Snow Leopard can achieve, and within moments the cat was right on its heels.

Extending a paw, the Snow Leopard seemed to ankle-tap the sheep and as it rolled, the cat leapt onto sheep and immediately latched onto its throat. This take at such high speed and on a steep slope meant gravity took its affect and the cat and sheep tumbled over and over each other until the Snow Leopard took control of the situation. The Snow Leopards’ thick pelts have long been highly sought-after artifacts by the people who share its Central Asian range, providing amazing insulation in the cold, but another reason their pelts are so thick must be to protect the leopard when it takes rough tumbles across its rugged, rocky environment.

For at least 3 minutes the Snow Leopard lay alongside the young sheep, firmly attached to its throat as it suffocated its prey, the Blue Sheep feebly kicking its hind legs intermittently.

Only when it was certain the sheep was dead did our predator finally release its fatal grip and rest alongside its upcoming meal for several minutes catching its breath after such an extreme effort. For the first time in minutes, the Snow Leopard became aware of us again, ensuring we had not moved and were posing no threat on the opposite slope.

Finally the Snow Leopard picked up the Blue Sheep and dragged it across the open area, pretty much following the route of the chase, back to the fault line in the rocks and finally over the rocky outcrop and out of our view where presumably it feasted on its well-deserved meal!

By this time the light was fading fast and we arrived back in camp half an hour later in the pitch dark, still not quite believing what had unfolded before our eyes!

This was truly an incredible encounter we had been so, so fortunate to witness; a full Snow Leopard hunt from beginning to end including the take and kill. Our Snow Leopard spotter had been working in Hemis for 16 years and he had never seen this happen before nor knew anyone else who had been as fortunate as us. Film crews and professional photographers have spent months and sometimes even years following Snow Leopards and although several thrilling hunts have been captured, as far as we are aware, no successful hunt has ever been photographed! I am exhilarated therefore to be able to share my images and story of this hunt with you.

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This event was observed during a tour arranged and guided by INDRI – Ultimate Wildlife Tours (www.indritours.com). INDRI offer Snow Leopard expeditions annually in October and February, combined with a Royal Bengal Tiger and Indian One-horned Rhinoceros extensions. They also arrange and guide other wildlife tours globally to the world’s last remaining wildernesses in search of iconic wildlife.

Thanks to Adam Riley and Simon Bellingham, INDRI – Ultimate Wildlife Tours