By – Sahithi Shukla

Abstract

This article explores the insidious ways in which the law has been weaponised for control in Lakshadweep. Amidst the media furore that erupted in 2021 about Lakshadweep and its newfound potential to become a tourist hotspot rivalling the Maldives, the silent process of urbanising and sanitising the island had begun. As such, the article examines how two draft regulations in particular, the Lakshadweep Development Authority Regulation (LDAR) and the Lakshadweep Prevention of Anti-Social Activities Regulation (PASA), were used to legally alienate the local population from their claim to their land and property in Lakshadweep to make way for further urbanisation. The author expresses scepticism about the arbitrary metrics of the legislation and examines their role in enabling the gentrification of the locals to make way for a tourist haven. 

Introduction

The socio-political tone of the country today seems to be set at a shrill pitch of urbanisation, as more than 40% of India is expected to be urban by 2036. It is this promise of rapid development that shapes the Union Government’s determination to capitalise on India’s untapped tourism potential. As such, a location that has been gaining steady attention as a viable tourist destination is Lakshadweep. With the 2025 Union Budget panning its focus on the area to develop it into a tropical haven for tourists, it becomes imperative to recognise and acknowledge the consequent upheaval that local islanders have been facing over the past few years. Whilst the woes of the local community were a hot topic for a hot minute in 2021 due to the advent of a slew of authoritarian draft regulations that were introduced in the island, there is nary a sound about those issues now. As such, this piece aims to examine the ways in which the law has become a tool of capitalistic exploitation in Lakshadweep.  This will be done by establishing the socio-cultural context of the island, followed by tackling the arbitrariness of the two main draft regulations separately.

The Fragility of Lakshadweep

Lakshadweep comprises 36 smaller islands just off the coast of Kerala. With 93% of the population being muslim and Malayalam being the dominantly spoken language, the island bustles with its own indigenous culture. The lives of the locals are inextricably linked to the island as they are dependent on it to earn, with fishing being the primary occupation in the island. This reliance, however, makes the community particularly vulnerable. Lakshadweep is home to coral reefs, atolls, and a delicate ecosystem that requires active preservation to sustain not just the island itself but also the livelihoods of the locals. This is because not only is it heavily prone to soil erosion, but also coral reef bleaching. As such, it is important to recognise the delicate balance that keeps life in Lakshadweep going for its people and the environmental precarity that threatens it. For it is precisely due to this dependence that the draft Lakshadweep Development Authority Regulation (LDAR) introduced in 2021 has so insidiously endangered the islands’ ecosystem and people.  

LDAR

Before delving into the intricacies of the LDAR, it is important to recognise the governance system in Lakshadweep that allows for such authority to exist. By virtue of it being a Union Territory, Lakshadweep is led by an administrator appointed by the President. Whilst the usual candidates for this position would be retired civil servants, in an unprecedented move, Praful Khoda Patel, a Gujarati politician, was appointed as the administrator in 2020 by the President. It is from then that the push to tap into Lakshadweep’s tourism potential becomes more brazen with the advent of LDAR. Before the introduction of the draft regulations in 2021, the pre-existing system of land ownership in Lakshadweep was governed by the  Land Revenue and Tenancy Regulation Act, 1965, which ensured that non-revenue land could not be utilised for development by the government. 

The LADR, however, confers sole power onto the administrator to plan for the development of land so long as it has a “bad layout”. The definition of what falls under that remains conveniently ambiguous so as to give unfettered power to seize any area deemed unfit by the administrator. Moreover, the draft regulation also facilitates forced evictions by the government and even lays out imprisonment for any hindrances in Section 2. Lastly, to ensure that this power remains absolute, it also makes sure to minimise local representation in the governing body, with there only being one local representative in the body. 

The Goonda Act

The LDARs’ power is sealed with the threat of sanction in cases of dissent as governed by the other regulation drafted by the Patel administration, The Goonda Act or The Lakshadweep Prevention of Anti-Social Activities Regulation, 2021(PASA).  This draft regulation enables the detention of an individual for a week without any legal recourse for that time if they fall into the administration’s interpretation of appearing to be either a “dangerous person” or a “property grabber” under Sections 3 and 6. The latter classification is key in enforcing the ambit of the “LDAR”, for it includes any person who takes possession of the land belonging to the government. Both the Acts together set up a tyrannical and unfettered system of governance in Lakshadweep that aims to rid the local community of their access to their own land. 

A prime example of this control is the seizure and demolition of the tin sheds used by local fishermen by the administration for allegedly being a “bad development”. Ultimately, these draft regulations violate the fundamental right to life and personal liberty under Article 21 of the Constitution of India. As per the precedent set in the case of Maneka Gandhi v. Union of India, 1978, wherein it was held that the procedure established by law must be just, reasonable and not arbitrary, the draft regulations fall short. This is because the LDARs’ labelling of local islanders’ homes and property as “bad development” is done so arbitrarily, with no metrics in place. 

To truly uncover the layers of motivations that have driven the introduction of such Acts in Lakshadweep, it is important to remember the political and media uproar in 2024 that spurred the entire nation’s attention to Lakshadweep. This is because the nationalistic drive to turn Lakshadweep into India’s very own Maldives is one that seems to be devoid of aims of true local upliftment, sustainability and cultural preservation. Instead, it seems to be a push for development that is backed by blind competition and appearance. 

Conclusion

In conclusion, the administrations’ blatant attempts at exploitation and oppression under the garb of “development” and “tourism” point to the malleability of the law. Wherein the law in Lakshadweep has merely become a tool to alienate the very masses it seeks to protect. As the administration, despite its duty towards the local community, does not see them as worthy and profitable stakeholders. 

About the Author

Sahithi Shukla is a 3rd-year law student currently pursuing B.A. LLB(Hons.) in Jindal Global Law School. She is predominantly interested in exploring the interplay of politics, the environment, the economy and law. 

Image source: https://images.indianexpress.com/2024/02/lakshadweep-island.jpg