Malappuram, Kerala: The people of Lakshadweep, celebrated for its beauty, calmness, and peace, have been fuming over a slew of contentious regulations proposed after President Ram Nath Kovind appointed Praful Khoda Patel as the administrator of the archipelago of 36 islands on 5 December 2020. 

Lakshadweep, a union territory and a popular tourist destination in southern India, is governed by the central government, currently under Prime Minister Narendra Modi and the Bharatiya Janata Party.

In 2021, Patel introduced a draft bill banning the sale, transport, and storage of beef and the slaughter of cattle in the Muslim-majority union territory. The Prevention of Anti-Social Activities Regulation, 2021, or ‘Goonda Act,’ empowered authorities to arbitrarily detain individuals without public disclosure for up to one year. 

Critics said the Lakshadweep Development Authority Regulation (LDAR), 2021 empowered the administrator to acquire land without the locals' consent, set up any land as a “planning area,” and acquire that land without the consent of residents. 

Amid protests, none of these draft bills and regulations have become law, which require both houses to pass the bill and the President’s assent. 

The administrator also proposed a two-child policy to contest panchayat elections to promote family planning.

The administrator brought administrative orders to shut down local dairy farms, claiming they were operating at a loss, and another to ban meat in schools, noting that students needed more fruits and dry fruits, which would have more nutritional value. 

In September 2023, Justice Aniruddha Bose and Justice Bela M Trivedi of the Supreme Court upheld the administrator's decisions.

The administration also razed fishing huts, which the islanders depend on for their livelihoods, citing encroachment on coastal areas, categorised under coastal regulation zone (CRZ) norms.

Along with these regulations, the union government also amended the Laccadive, Minicoy, and Amindivi Islands Land Revenue Tenancy Regulations, 1965, to take possession of pandaram land (a type of land for which the government of India holds proprietary rights). The amendment removed section 15A, which previously provided “special provisions regarding the transfer of certain pandaram lands to Scheduled Tribe Islanders.”

On 14 June 2022, the administration issued a bid for the development, operation, maintenance, and management of a tent city at Agatti Island. Praveg Ltd, a Gujarat-based tourism company, won the bid. 

Praveg also won the bid to establish tent cities in the union territories of Dadra Nagar Haveli and Daman & Diu, where the Lakshadweep administrator is in charge. Tent cities are usually built in fragile areas where construction is regulated or to accommodate a large number of tourists.

The News Minute reported that the government had evacuated many people and acquired 5,000 sq m of coastal land for the tent city project. The government says that the tent city project is built on accreted land (land reclaimed from the sea), and as per section 15(1) of the Laccadive, Minicoy, and Amindivi Islands Land Revenue Tenancy Regulations, 1965, all accreted land belongs to the government.

‘Accreted land’ is sand sediment located between low-tide and high-tide lines. Due to its ecological sensitivity, these regions have been preserved as CRZs. These zones have different categories. As per the CRZ notification 2011, construction and industrial activities are regulated proportionally in all CRZs. 

Islanders used these beaches to dry fish, station boats and mend nets. The beginning of the tent projects has caused widespread concern that fishing might be regulated in islands where the majority depend on fishing for their livelihood.

The government started the tent city project on the Thinnakkara and Bangaram islands. Thinnakkara is an uninhabited island used mainly for agriculture and fishing. 

On the petition of two residents, a single bench of the Kerala High Court in July 2024 ordered maintaining the status quo on the developments and construction of the tent city at Thinnakkara and Bangaram islands, halting the government’s tent project. 

In November, a division bench of the High Court comprising Justice Anil K Narendram and Justice Muralee Krishna S overturned the decision of the single bench, considering the tourism-driven economic developments in the archipelago. However, the court allowed petitioners to appeal in civil court land-related cases.

After the stay order was reversed, Praveg resumed constructing the tent city projects. 

Media One, a Malayalam news channel, reported that the tent foundations have been concreted as permanent structures, and the lands of islanders have been encroached upon in the Thinnakkara and Bangaram islands.

A group of 12 people filed a civil court petition against the construction in Thinnakkara Island, where they claim ownership. Donald Sequera, sub-judge of the union territory of Lakshadweep civil court based in Kavaratti, issued a stay order on the construction, requiring the union government, administrator, and deputy collector to respond. 

Article 14 interviewed one of the 12 petitioners, 38-year-old Hussnul Jamhar from Agatti Island, a father to one daughter, who has agricultural land on Thinnakkara Island. 

Jamhar, who manages an eco-tourism company called Lakazone Venture, is also a political activist and social worker on the island. 

Jamhar had been camping on Thinnakkara Island, protesting to protect his land and crops from being burnt and destroyed. He accused the authorities of continuing construction even after the second stay order.

What happened on Thinnakkara Island?

We come to Thinnakkara in the morning to cultivate and return to Agatti in the evening. One morning in October, the government said no one should enter Thinnakara, meaning we cannot access the land we have cultivated for centuries. It was then that we realised the island had been sold off to a company called Praveg, which is based in Gujarat. Modi is from Gujarat, and Praful Patel is also from Gujarat. It seems that the Gujarat lobby is behind this.

I decided to fight because it is our land. On December 20, we obtained a stay order. However, on December 21 and 22, we received information that Praveg continued working in the area covered by the order. My friends informed me that they had started clearing the land and resuming construction activities on the very land for which we had secured the stay order.

We submitted a letter to the deputy collector requesting immediate action to protect our land, but there was no prompt response. We waited for two days, and on the third day, we visited the cultivation land. To our shock, we found that they had uprooted coconut trees and started construction on our land. They had even destroyed drinking water resources and ponds using excavators.

In response, we protested, and I declared, “If you are going to continue, kill us first.” It has been seven days since I have returned to my house. I have the stay order, and the government must respond within two months. If they fail to reply, it means we have won. However, if they do respond, we may have to approach the High Court. If justice is not served there, I will take the case to the Supreme Court. I strongly believe this case will most likely reach the Supreme Court.

This is a developmental project—why do you believe the people of Lakshadweep should stand with you in protest?

The people of Lakshadweep belong to the Scheduled Castes (SC) and Scheduled Tribes (ST). Why did the government create these categories? It was because they believed these communities needed protection. These groups often face economic and social disadvantages. Many live below the poverty line, earning their livelihoods through fishing or farming. They inhabit unique ecosystems—whether the Adivasis in the forests or the islanders in small, isolated communities. They are not well connected to the outside world, leading simple lives without lofty ambitions. They lack the greed or desire, what we call “lalach” in Hindi, to accumulate wealth or chase big dreams.

Think about the people of Lakshadweep. Their lives revolve around the sea. They fish, eat rice, and sleep. This is their life cycle, and they don’t aspire to much beyond it. The government reserved and protected their rights to ensure they could be brought to the same level as those who enjoy access to all facilities and opportunities. However, today, the same government that is supposed to protect them is taking away their lands and undermining their systems, all to benefit the corporations under its control.

The land of Lakshadweep and its laws are indeed intricate. I have heard the land is called “pandaram.” How do you navigate a legal battle amidst such complexities?

Pandaram land historically belongs to the people. In earlier times, kings illegitimately acquired people's land and employed the original owners to cultivate it, extracting profits from agriculture. This practice was widespread, including in Kerala. Over time, intellectuals from both the left and right fought for the rightful ownership of these lands, which many families had cared for and cultivated for decades. In many cases, they were successful in reclaiming ownership. However, even today in Kerala, we can find Adivasi communities still fighting for their rights.

In Lakshadweep, the situation is different. The struggle for land ownership began centuries ago and continues to this day. The land of Lakshadweep was first taken by kings and then seized by the British, and even after independence, the Government of India continued this pattern.

In 1965, the Land Tenancy Act explicitly stated that the people of Lakshadweep should be given occupancy rights to their lands. Yet, the government has still not granted these rights. Around 70% (60%) of Lakshadweep is Pandaram land, and all three inhabited islands fall under this category. This means these land issues directly affect 60,000 out of the 70,000 residents.

Notably, Lakshadweep is one of the most densely populated areas with very limited land. For instance, Agatti Island is only 7 km long, with 45 acres occupied by an airport. Government institutions, stadiums, office buildings, and roads further take up the remaining land. Coastal preservation regulations had initially reserved 50 meters from the coast. However, after a study by the Raveendran Committee, the Supreme Court reduced this limit to 20 meters. Even so, the tribal population of the island lives in extremely congested conditions. 

There is some uninhabited land in Lakshadweep. What about the government acquiring this land for the development projects?

The only solace we have is the land we inherited for agriculture on the uninhabited islands. The people of Agatti used to cultivate on Thinnakkara, Bangaram, and Parali islands. We also have Kalpatty Island, which the airport authority has already acquired. If we give up Thinnakkara, Bangaram, and Parali, we will have no agricultural land left for coconut cultivation. Whether it’s Pandaram or accretion land, the most serious issue is that they are acquiring our agricultural land, which we have preserved for centuries. Look at Kerala—would the government allow the destruction of a paddy field to build a building?

What is accreted land?

What they call accreted land or accretion, according to the 1965 regulations, refers to newly formed islands. However, there are no new islands in Lakshadweep. If you ask me why they argue that these lands are accreted, I would explain that many lagoons and sandbanks are on an island. This is a natural phenomenon in islands. If there is sand erosion in one part of the island, it gets deposited in another part. Thinnakara has three kilometres of land, and the sediment around it is movable; it is part of the island itself. This is not a new island to be called accreted, nor is it a constant soil. The sand will move to another place after two, three, five, or at most twenty years. This does not reduce the area of the island; the area of Thinnakara will remain the same even after the movement, as it will be deposited in another part of the island. I am stating this based on the data from surveys, old satellite images, and information I acquired through the RTI. Many institutes have studied this, and I am speaking based on these studies and statistics.

What about the involvement of Praveg Ltd.?

Praveg started construction in the coastal area labelled as accreted. The islanders are generally fishermen, and the coast is a common area where they prepare nets, dry fish, repair boats, go to sea, and use the land for other essential purposes.

When erosion happens, and the sediment moves to another part of the island, the fishermen and boaters will also shift to that area. It was natural to move like this, and we adapted to it. This is common soil that the people of Lakshadweep have used, and it was never considered accreted until last year when the central government labelled it as such through new surveys—something they did not do previously.

In the past, those with sediment near their plots were given occupancy rights, whether for two years, five years, or twenty years. The ideal solution should be to compensate those who have faced erosion. How can the land be claimed as government property if they don't receive compensation? The new sediment soil cannot be returned to the owner, as it falls under the CRZ (Coastal Regulation Zone), meaning it is a non-development zone. We cannot construct on it as it is a coastal area. It can only be used for temporary purposes.

However, the government surveyed and labelled this land (in Thinnakkara Island) as accreted and handed it over to a private company. While temporary structures like tents might be allowed, they are building concrete resorts, which should not be allowed under any circumstances. They are not only using the land labelled as accreted but also land that belongs to the islanders. On Thinnakara Island, they even demolished a prayer hall where people used to gather for prayer.

What about the legal battle, and are more people likely to file petitions?

We went to Kerala High Court, and the court directed us to file a petition in the civil court. We have a civil court in Lakshadweep and obtained a two-month stay. However, Praveg attempted to encroach on the land after the stay order. They did this without permission from the court. When they repeated the action, we informed the court that the deputy collector and Praveg had encroached on our land in contempt of the court order. They destroyed our wells and resources, damaged our agriculture using excavators, and continued to build the tent city, further destroying our land. The police and the deputy collector, who are supposed to protect us, are instead protecting Praveg. They are not providing us with protection, so we filed another case.

Currently, they have stopped encroaching on the area covered by our stay order, but they are continuing construction in areas where people have not filed cases. These people are unable to proceed with the case because they lack the money and power to do so.

What about the support from political parties?

Major parties and politicians have not come forward to support these poor people in their legal fight. They visited me and installed their flags in the area where I got the stay order. I find this a bit suspicious. This is not just a problem for Thinnakkara; I know it is a larger fight for all of Lakshadweep. They may also face similar issues in Agatti, Kavaratti, and Kadmat islands. I feel that people are starting to become cautious about it. Members of two parties have visited my protest site, and a Malayalam channel covered the issue when they came here.

The politicians of the islands are not interested in working on the ground. They are traditional elites and don’t care about the islands. They have followers and wealth all over India and don’t feel the need to care. Now, the parties are blaming each other. This issue was not even a priority when I arrived. I requested their support solely for the islanders, not based on party lines. We could have supported them if they had come with genuine intentions. If not, they can leave.

What about the people of Lakshadweep? 

We cannot speak the truth in today’s world. I thought lies had already encroached if the people of Lakshadweep could not speak the truth, even on the islands. If lies have reached Lakshadweep, what about the rest of India?

I have travelled through many cities in India on my bike. Earlier, Kerala's culture was also the culture of the islands. That means they were innocent and good, but it has changed. Now, we cannot trust everybody there. The islands were isolated and insulated, but now they, too, have started to lie. I feel that the unity among the islanders has eroded. Now, people prefer political parties and don’t care about the island. They prefer the party instead of their own community.

What is your perspective on the media’s coverage of issues like this? I rarely see them addressing the concerns of the islands.

I have informed many news channels, including 24 and Mathrubhumi, and several other Malayalam news channels, but they don’t cover the issue. I don’t know what is happening. We are not the type of people to go to the media, but even when news channels interview, they shoot and edit out the "unfavourable" parts before publishing. Political parties own the channels. I am trying to amplify the coverage. I have contacted many people, including Dhruv Rathi and Ravish Kumar. They might be researching this issue. However, the major shift in journalism has been that it has stopped on-ground reporting. Nobody comes to Lakshadweep to cover any issue. We cannot do proper journalism without being on the ground. 

Is it challenging for people to visit the islands due to the permit system, and does this restrict easy access to the media?

Lakshadweep does not have any problems. The permit system was introduced by the British, as it is a small and isolated archipelago. Those who come here are tourists or individuals who have come to hide after committing serious crimes. Sometimes, they marry here, even though they might have another spouse in Kerala, or they abandon their wife here and return to Kerala. The British introduced the permit system, which is not about anything else. There is not enough land for us, so how can others be allowed to take it?

What is the future?

They (the government) will expedite the action because they have invested crores of rupees in it. Either we will win, or we will die. It is very simple for them; they can raze us with four JCBs. Everything is in their control, every federal system is theirs, and they can easily suppress us. There is no media here; what happened in Manipur was not covered, and similarly, what happened here remains unnoticed. If we fight for the truth, we will win. If it is deserved for us, we will get it, Insha Allah. Who can take away what we deserve?

(Mohammed Ramees is an independent journalist and a researcher covering human rights and justice.) 

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