Government seeking dates as no merit in NSA case against Sonam Wangchuk, says Gitanjali Angmo

The news regarding Gitanjali Angmo's claims of "procedural lapses" and "no merit" in the National Security Act (NSA) case against Sonam Wangchuk brings to the forefront critical issues concerning fundamental rights, the application of stringent laws, and governance in sensitive regions like Ladakh. Understanding this requires delving into the background of Sonam Wangchuk, the specifics of the NSA, and the broader political and environmental context of Ladakh.

Sonam Wangchuk is a renowned engineer, innovator, and education reformist, widely recognized for inspiring the character of 'Phunsukh Wangdu' in the Bollywood film '3 Idiots'. He is the founder of the Students' Educational and Cultural Movement of Ladakh (SECMOL) and the Himalayan Institute of Alternatives, Ladakh (HIAL). Beyond his educational work, Wangchuk has emerged as a prominent environmental activist and advocate for the constitutional protection of Ladakh. His recent activism has focused on demanding the implementation of the Sixth Schedule of the Constitution for Ladakh, aimed at safeguarding its unique tribal culture, land, and environment from industrial exploitation, particularly after the region's reorganization into a Union Territory in 2019.

The immediate context for the alleged NSA case against him stems from his prolonged hunger strike and protests in early 2024. Wangchuk undertook a 'climate fast' for 21 days in Leh, starting March 6, 2024, to press for Ladakh's demands, including statehood and inclusion under the Sixth Schedule. He has consistently highlighted the environmental fragility of the Himalayan region and the potential threats posed by unregulated development and tourism. While the article specifically mentions Gitanjali Angmo's allegations regarding procedural lapses in an NSA case, the exact details of the NSA invocation by authorities against Wangchuk have been somewhat contentious, with reports suggesting it was either invoked, threatened, or used to impose restrictions on his movement and activities.

Key stakeholders in this situation include Sonam Wangchuk himself, representing the voice of local communities and environmental concerns; Gitanjali Angmo, his legal representative or supporter, highlighting concerns about due process; the Ladakh Union Territory Administration, which is responsible for maintaining public order and could potentially invoke the NSA; and the Central Government, which oversees UT administration and national security. The people of Ladakh are also crucial stakeholders, as their aspirations for constitutional safeguards and environmental protection are at the heart of Wangchuk's activism.

This issue holds immense significance for India. Firstly, it raises serious questions about the **rule of law and due process** in the application of stringent laws like the National Security Act, 1980. The NSA allows for preventive detention for up to 12 months without charge, if authorities believe a person is a threat to national security or public order. While intended for serious threats, its broad powers have often led to accusations of misuse against dissenters and activists. Angmo's claim of "procedural lapses" directly challenges the legality and fairness of such an application. Secondly, it pertains to **freedom of speech and expression** (Article 19(1)(a)) and the **right to protest** (Article 19(1)(b)). The alleged use of NSA against an environmental activist for peaceful protest could be seen as an attempt to stifle dissent, which is a cornerstone of any vibrant democracy. Thirdly, it underscores the ongoing debate regarding **federalism and special provisions** in India. Ladakh's demand for Sixth Schedule status, post the abrogation of Article 370 and its bifurcation from Jammu & Kashmir, highlights regional identity and autonomy aspirations within the Indian federal structure. The Sixth Schedule provides for the administration of tribal areas in certain states, granting significant autonomy to District and Regional Councils, which Ladakh seeks to protect its unique demography and ecology. Finally, it brings to light the critical importance of **environmental governance** in ecologically sensitive zones, a theme that resonates across India's Himalayan states and other fragile ecosystems.

Historically, preventive detention laws have been a contentious part of India's legal framework, dating back to colonial-era legislation like the Rowlatt Act. Post-independence, laws like the Preventive Detention Act (1950), MISA (Maintenance of Internal Security Act, 1971), TADA (Terrorist and Disruptive Activities (Prevention) Act, 1987), and POTA (Prevention of Terrorism Act, 2002) have been enacted and often repealed due to concerns over their draconian nature and potential for misuse. The NSA, 1980, remains a significant tool for the executive in matters of national security and public order, but it must operate within the constitutional safeguards provided by **Article 22**, which outlines protections against arbitrary arrest and detention, including the right to be informed of the grounds of arrest and the right to legal representation. The overarching principle of **Article 21**, the right to life and personal liberty, mandates due process and fairness in all state actions.

The future implications of this case are significant. A clear resolution or judicial intervention could set a precedent for how stringent national security laws are applied against activists and protestors in India, potentially impacting the space for civil society engagement and dissent. It could also influence the Central Government's approach to addressing the demands of Ladakh, particularly regarding the Sixth Schedule, which has broader implications for tribal rights and regional autonomy across the country. The ongoing engagement between the government and Ladakh's representatives will be crucial in determining the future of the region's governance and environmental protection.

In essence, the Sonam Wangchuk case, viewed through the lens of the NSA, is not just about an individual but about the delicate balance between national security, individual liberties, environmental protection, and regional aspirations in India's complex democratic landscape. It serves as a potent reminder of the constant need to uphold constitutional values and ensure that legal frameworks are applied justly and transparently.