Wednesday, April 27, 2011

Bhawani Singh's grandson crowned Maharaja of Jaipur

Mohammed Iqbal
Share  ·   Comment   ·   print   ·   T+  
Padmanabh Singh being greeted by the royal household staff after his coronation at City Palace in Jaipur on Wednesday. Photo: Rohit Jain Paras
Padmanabh Singh being greeted by the royal household staff after his coronation at City Palace in Jaipur on Wednesday. Photo: Rohit Jain Paras
 
Brig. Singh died on April 17 at the age of 80 after a prolonged illness and on completion of the mourning period Padmanabh was coronated.
Brig. Singh had adopted Padmanabh, son of his daughter Diya Kumari, as the heir to the Kachwaha Rajput dynasty at a grand ceremony in November 2002.
Padmanabh, 13, lit the funeral pyre of Brig. Singh at the royal family's crematorium at ‘Gaitore Ki Chhatriyan' here last week. The unassuming teenager was called from Mayo College in Ajmer, where he is studying, to join the mourning.
Wednesday afternoon's solemn ceremony was attended by a galaxy of scions of the erstwhile royal families — the former Rajasthan Chief Minister, Vasundhara Raje and present Arts and Culture Minister Bina Kak were among them.
Padmanabh's coronation in the royal grandeur was followed by the presentation of a guard of honour by an imperial contingent and salute by firing of cannon 12 times. The newly designated titular Maharaja took the salute with poise while holding a sword.
Padmanabh, who has inherited the vast wealth of the former Jaipur rulers, will also squarely face legal disputes pending in connection with a huge chunk of properties. Many of the royal buildings have been given on lease to the State government for a token amount.
Members of the royal family are involved in litigation over distribution of ancestral palaces and enormous wealth in the form of gold, silver, precious gem stones, artefacts and antiques. Brig. Singh's stepmother, the late Gayatri Devi, was one of the litigants.
Brig. Singh's decision to declare Padmanabh his successor met with opposition as the young crown prince's father, Narendra Singh, had been a member of the royal household staff. The late Maharaja's two stepbrothers had stoutly opposed the move, leading to a rift within the family.
Some Rajput groups called upon Brig. Singh's wife Padmini Devi after the Maharaja's death to select a successor from among the sons of his stepbrothers or from any royal family of the erstwhile Rajputana. According to them, Padmanabh's coronation would “break the royal lineage” and damage the princely State's dignity.
The adoption ceremony for Padmanabh was the second at the City Palace after a gap of 81 years. Brig. Singh's father, Sawai Man Singh II — originally from Isarda — was also adopted at the same venue by the then ruler Sawai Madho Singh II in 1921. Brig. Singh, born in 1931, was the natural successor of Man Singh II.
After the coronation ceremony and other rituals, the titular Maharaja Padmanabh went straight to the city deity Govind Deoji's famous temple in the Walled City here. He was accompanied by his parents and Padmini Devi.

Thursday, April 21, 2011

SIKKIM: National Commission for STs visits Sikkim


FROM THE ASSAM TRIBUNE

GANGTOK, April 20 – A team from the National Commission for Scheduled Tribes (NCST), led by its chairman Rameshwar Oraon, along with BL Meena, member and Aditya Mishra, joint secretary is on a three-day visit to the State.

The team is in Sikkim on an official visit from April 18-20, to hold a meeting with the State Chief Minister Pawan to discuss and review the implementation of reservation policy and development programme for STs and other important issues pertaining to STs.

Oraon said at a press conference here yesterday that the representation of Bhutia and Lepcha seats from 12 should be increased to 16, in case of increase of Assembly seats in Sikkim from 32 to 40. The Commission was of the view that keeping in mind the provision of Article 332 of the constitution, it would be appropriate that the number of seats in the State Assembly should be increased from 32 to 40 to provide fair share to all the Scheduled Tribes in the State, he added.

The increased seats in the Sikkim Assembly should first be reserved for the Scheduled Tribes, according to their population in order to safeguard the political rights of all the Scheduled Tribe communities including Bhutia- Lepcha, he added.

Oraon while speaking about the status of tribals in Sikkim expressed his astonishment over the rate of literacy among the tribal community, which is way over 75 per cent. He said that compared to the other States, in Sikkim the tribals are much more literate and therefore a model for other States.

PTI adds: No case of atrocity against tribals has been reported in Sikkim, Oraon said.

After holding a meeting with the Chief Secretary, Director General of Police and other senior officials of the Sikkim Government, Oraon said, “I am very happy to find that no case of atrocity against tribals was reported in Sikkim.”

He said the National Commission for Scheduled Tribes (NCST) has not received any proposal regarding reservation of seats for Limbo and Tamang communities in the Sikkim Legislative Assembly.

“I am happy to learn that tribal literacy rate in Sikkim stands at 70 per cent, which is far higher than the national average,” the NCST Chairman said.

Monday, April 18, 2011


Shri Jain Swetamber Terapanth Sabha, Gangtok, organised a rally in Gangtok on Saturday to mark the observance of Mahavir Jayanti. The rally of about 65 ‘Jainis’, started from the SNT Gate, made its way to MG Marg and across to New Market via Tibet Road. The procession carried placards of featuring sayings by Mahavir and marched chanting prayers.

Thursday, April 14, 2011

Trade Between India and Tibet in the colonial Period

 


Nathu-La has played a noteworthy role for the endorsement of British trade in the colonial era. It not only served as an access to Tibet for the British merchandise but from this very doorway the British haNathu-La has played a noteworthy role for the endorsement of British trade in the colonial era. It not only served as an access to Tibet for the British merchandise but from this very doorway the British had been able to set up an amiable relation with the sleeping giant i.e. China. The picture shows how trade and communication were undertaken by both the parties. The chief means of transportation (as shown in the picture) in those days was of the mules. We can clearly notice the condition of roads probably constructed by the British Government for their trade and commerce in the far flung land of Tibet. It is to be mention here that, after having their upper hand in the administration of Sikkim, they started to construct the roads and bridges from the Himalayan Kingdom which connected British India with Tibet. Even I was told by Mr. A.D. Moddie that, before the triumph of Communist China over Tibet, the similar trading features were prevalent between the two countries. Regarding the transportation system that was available in Sikkim in 1957 he writes:-



“…As there were only two ways, a trader’s or a pilgrim’s permit, I opted for the former. I wrote to our agent in Gangtok, Sikkim, to arrange a mule and a muleteer for me; I would walk. When I arrived in Gangtok and enquired about the mule arrangement, the Agent prevaricated. He shyly disclosed he had arranged twenty mules. He was taking advantage of a sahib-type, who also knew the Political Officer, Gangtok, to send his mules train in, for greater security, under my leadership. When I met Apa Pant, the P.O. for my permit in English, Hindi and Tibetan, I thought I would amuse him with the story of one mule becoming twenty. Apa Pant saw no humor in it. In serious official style, he advised me to take all twenty mules saying, “One mule no status, twenty mules status”.
The writings of Moddie are justified by the documentation preserved by Das Studio Darjeeling. It probably is the only document potted in India associated with Tibetan trade. We are grateful to the proprietors of Das Studio for preserving the antiques which are so prized to peep inside our past.

Flag of Independent Sikkim

















The Sikkim National Flag had red border all around and the yellow coloured Chakra (Wheel) denoting the Buddhist Symbol of the Law of Dharma and Gankyil as the centre element. The Chakra in the former Sikkim National Flag is different from the one found in the Indian National Flag, in place of 24 spokes there are eight spokes and has an ornate "nub" on the wheel at the head of each spoke. The wheel in the flag points out to the first sermon of Buddha, which is described as the "Turning on the Wheel of Tutorage”(Extract from Proud to be a Sikkimese- http//sikhim.blogspot.com)
J.C White Sitting cross leg position, on his right  Sir Ugen Wangchuk Prime Minister of Bhutan. This picture abides copyright of British Library, London (www.bl.uk)

source;http://sikkim-historyhunter.blogspot.com/

White Hall at Gangtok: source: sikkim-historyhunter.blogspot.com
source:Shital Pradhan
Deorali Samaj Kalyan Sangh felicitated Rahul Rathi

source: iSikkim

Deorali Samaj Kalyan Sangh felicitated today 13th April here at Deorali to Mr. Rahul Rathi. 26 years old Mr. Rathi received gold medal in LLB from North Bengal University on 9th April. Governor of West Bengal MK Narayanan presented gold medal to Mr. Rathi who got first position in LLB.

Deorali Samaj felicitated to Mr. Rathi today during a programme. While addressing the gathering President of Deorali Samaj Kalyan Sangh Mr. Chenga Lama Bhutia informed that Mr. Rathi is got gold medal from NBU on 9th April 2011 by the hand of Governor of West Bengal MK Narayanan. We are proud of Mr. Rathi because he is the first person from Sikkim who got gold medal in LLB.

Mr. Bhutia appealed to all social organization to felicitated Mr. Rathi and encourage to him. This is time to encourage to Mr. Rathi and further appealed to coming generation to follow him. Similarly gold medalist Mr. Rathi said that he is ready to cooperate the society .He urges to Deorali Samaj do work in favor of society and encourage to talent those who do something in future. During the occasion Driver Association and others association members were also present

Sunday, April 10, 2011

Sikkim’s Rahul Rathi bags NBU Gold Medal as top law graduate


source:SIKKIM NOW

GANGTOK, 10 April: Rahul Rathi, son of Pramod Rathi of Deorali, Gangtok, was conferred with a gold medal and three other awards at the 43rd Annual Convocation of the University of North Bengal held yesterday.
The convocation had Chairman, University Grants Commission, Prof. Ved Prakash as the chief guest and was also attended by the Governor, West Bengal.

Rahul studied at Bahai School till class X and completed his +2 from Kendriya Vidyalaya, Tadong, and went on to pursue LL.B from Sikkim Law College.
He was awarded the Bibhutibhusan Ghosh Memorial Medal for obtaining 1st class 1st position in LL.B 2009, the PK Sengupta Memorial Gold Medal for highest marks in LL.B, 2009, and the Late Dibish Ch. Ray Memorial Medal for highest marks in LL.B, 2009.

Saturday, April 9, 2011

Sikkim’s population has grown a slim 12% over the last 10 years

 
MORE GIRLS BEING BORN IN SIKKIM THAN BOYS; UNDER 6-YEAR-OLDS MAKE UP 10% OF THE POPULATION
source: Sikkim Now
 
GANGTOK: The latest Census data should spread some cheer among those who see influx as a threat to Sikkim – the decadal population growth in Sikkim from 2001 to 201 has been a 12.36%, a substantial drop from the 33.07% population growth recorded in the previous decade 1991 to 2001. The nation’s population by comparison has grown by 13.12% over this decade [2001-2011].
Of course, this revelation also pulls the rug from under the feet of those who have been flagging “influx” as a threat, specially when one considers the fact that a sizeable chunk of this population growth over the past decade has been of newborns, with children under the age of 6 making up slightly over 10% of the total population.
The largest population explosion in Sikkim was recorded in the decade of 1971-81 when the population increased by 50.77%.

Among the districts, East Sikkim recorded the highest population growth between 2001 to 2011 at 14.80% [down from 37.32% growth in 1991-2001], and the lowest population growth of 5.67% has been recorded in North Sikkim. In the last decade of 1991-2001, North Sikkim’s population had grown by 31.34%. The slump in North Sikkim’s growth rate needs deeper enquiry because it is obviously below even the population replacement growth rate and unless it is explained to out-migration to other districts, warrants special attention.
As per the provisional Census 2011 data released today, Sikkim has posted a total population of 6,07,688 made up of 3,21,661 males and 2,86,027 females.
Since 2001, Sikkim has added 66,837 [12.36%] people to its population; 33,177 new males [11.50% of the total population] and 33,660 females [13.34%].
As one would have noticed, the number of females in the population growth is marginally higher and this has contributed to a slightly improved sex ratio in the State. There are now 889 women against every 1,000 males. This sex ration was 875 to 1,000 in 2001.
Among the districts, West Sikkim has the best sex ratio of 941 ladies for every 1000 men. This was 929 to 1000 ten years ago. The worst performing in this indicator is North Sikkim which has barely 769 females to 1,000 males. Even this is a slight improvement over the figures for 2001 when it was 750-1,000.
East Sikkim has a sex ratio of 872:1,000 against the 844-1,000 in 2001 and South Sikkim has 914 females against 1,000 males. This is the only district to post a fall in the sex-ratio. Ten years back this comparison was 927:1,000.
The ladies are improving in literacy indicators. Although the total number of literate women at 76.43% is still lower than the literacy rate of 87.30% of the males, the ladies have shown a stronger improvement, having grown from 60.41% in 2001 against the 76.04% males who were literate at that time. Sikkim’s overall literacy rate stands at 82.20%.
The worst performing in literacy indicators is North Sikkim with 77.39% literacy which also has the lowest female literacy rate of 69.92%.
East district stands on top with 84.67% followed by south district [82.07%] and west district [78.69%].
Interestingly, against a total population growth in the last 10 years of 66,837 people, children under the age of 6 make up 61,077 [10.05%]. Of these toddlers, 31,418 [9.77% of the male population] are boys and 29,659 [10.37% of the female population] girls.
These figures were presented during the official release of the “Provisional Population Totals Paper-1 of Census 2011” for Sikkim, which was released by the HRD Minister, NK Pradhan, today.
Addressing the function, the Minister mentioned that the data has presented positive indicators for Sikkim and attested that the developmental model in place here was working well.
On the fall in the growth rate, he pointed out that the decline was a national trend and shows that the efforts and programmes of the central and state governments were bearing fruit.
The Minister also mentioned that the increase in the literacy levels could also be one of the factors leading to the decrease in the growth rate, arguing that once the literacy levels rose, birth rates came down.
He stressed that now it was the duty of the planning sector of the country to work with these figures to make the future of the country even brighter.
Director of Census Operations, Sikkim, Bhagwan Shankar, mentioned that in the coming days, figures on other parameters collected in the Census will be released.
He also highlighted the various figures included in the provisional populations totals and mentioned that the state has been doing well in all indicators.
[SAGAR CHHETRI]

Wednesday, April 6, 2011

Marwari ladies celebrate Gangaur


GANGTOK, 05 Apr: The Marwari womenfolk of the capital celebrated Gangaur here at the Deorali Shiv Mandir on 02 April, last Saturday.

Gangaur is one of the most important festivals of Marwari community and marks the worship of Gauri, Lord Shiva’s consort. It is the celebration of Spring. Gana is a synonym for Lord Shiva and Gaur stands for Gauri [also, Parvati] who symbolizes “Saubhagya” [marital bliss]. The unmarried women worship her to pray for a good husband, while married women do so for the welfare, health and long life of their husbands and a happy married life.

The Gangaur festival here was organised by the Sikkim Maheshwari Mahila Mandal, which had, on 26 March formed an executive committee for the year 2011-12 with Shobha Sarda as president.
The other members of the executive committee are Kavita Lakhotia [vice-president], Archana Thirani [secretary], Priyanka Somani [joint-secretary], Priti Somani [treasurer], Alka Marda [sangathan mantri], Rama Somani [cultural secretary], and Anju Rathi [editor].
The celebrations at the Deorali Shiv mandir commenced with “Mahesh Vanadana”, a press release informs.
Following the welcome address by Ms. Sarda, a talk was delivered on the significance of Ganguar by Babita Periwal.
The programme featured music and dance performances and concluded with a vote of thanks proposed by Ms. Marda.
Kamla Mundhra was the Master of Ceremony.

Monday, April 4, 2011

Bandh absolute and peaceful thus far

source:SIKKIM NOW
Police personnel stand guard at Central Referral Hospital in Gangtok where an argument had broken
out earlier between the VC, Sikkim-Manipal Institute of Medical Sciences, and SDF supporters

An SDF rally in support of the bandh at 6th Mile
[Tadong], Gangtok

GANGTOK, 04 April:
Day-01 of the Sikkim Democratic Front sponsored 48-hour Sikkim Bandh was successfully observed across the State with all business establishments, schools and banks remaining closed. Bar a few instances in which the bandh enforcers had arguments with the management at some establishments, the day remained peaceful with neighbourhoods emptying out into the roads which became playgrounds for the young across the State.
Police sources confirmed that while no outbreak of violence was reported from East district, arguments resulting from “miscommunication” broke out at the Sikkim Manipal Institute of Medical Sciences [Gangtok] and a pharmaceutical unit near Rangpo. None was however serious enough to have resulted in a formal police complaint.

A rally of bandh supporters at Setipool, between Ranipool
and Pakyong in East Sikkim 
In Gangtok, a group of SDF supporters are reported to have created at scene at the SMIMS Vice-Chancellor’s office here at the Central Referral Hospital complex. Sources inform that the situation had become quite heated when the bandh enforcers thought that the administrative section at the medical college was not observing the bandh. The VC was challenged, a lot of table-banging ensued, but the situation, it is informed, not allowed to deteriorate beyond this and is now reported to be normal.
Sikkim Police personnel were deputed to the spot and remain stationed at the main gates.
Sources also inform that a confrontation was also reported from a pharma-unit near Rangpo where the bandh supporters challenged the management when they found a generator under operation there, leading them to believe that the unit was not observing the bandh. This generator, it is reported, was kept working to preserve the manufactured stock at the unit.
Meanwhile, SDF supporters across the State took out rallies in their respective areas carrying placards announcing their demands and raising slogans. While sizeably participated in, these processions were not aggressive and created no worries for the law & order personnel posted along their routes.
The bandh, it may be recalled, apart from reiterating Sikkim’s demands still pending with the Centre [like Income Tax exemption for left-out communities, seat reservation for Limboo and Tamang communities who have now become Scheduled Tribes etc], is to demand that private sector establishments in Sikkim abide by the MoU signed with the State Government guaranteeing preference of local candidates in employment.

Saturday, April 2, 2011

The Pink Card Imbroglio – Little Knowledge Series

By: Sonam Wangdi

Rule of Law

In a democracy, the Rule of Law is the most important characteristic of a polity. The root cause of most of the fundamental problems in our country can be traced to our Rulers’ inaction or action – wrong action at right time or wrong action at wrong time, or right action at wrong time – which is not consistent with the Rule of Law. The British people do not have a ‘written’ constitution; but they are governed far better than we in India are with the lengthiest written constitution in history. All the people and the three branches of the British government meticulously follow the Rule of Law. The people at the helm of affairs in the developed countries normally take right action at right time in consonance with the Rule of Law and in consonance with their conscience .

Outsiders in Jorethang

Replying to one of the points raised by a member in the Sikkim Legislative Assembly on 28 March, 1978, the Minister-in-charge, Hon’ble Bhuwani Prasad Dahal from the Rhenock Constituency, (since deceased), said: “It has been mentioned that unauthorized constructions have come up in Jorethang bazaar. During 1973 agitation many people came from outside and started occupying the places.” [Page 160]. The Minister was responding to the statement of Hon’ble Mohan Gurung, Regu Constituency, in the Assembly: “Unauthorized constructions have come up in Jorethang bazaar. The Government should have done the proper planning of the Jorethang Bazar”. [Proceedings of the Assembly, Page 152]

Outsiders, however, are not confined to Jorethang alone; they are all over Sikkim. The outsiders are wanted by the insiders who cannot do without them. Development works in Sikkim, even during pre-merger days, had been done by outsiders from Nepal, Bhutan and India. The Kingdom of Sikkim had the Sikkim Work Permit Rules, 1965 which required the Nepalese, Tibetans and Bhutanese and other non-Indians to obtain work permits in Sikkim. However the Indians were not required to get the permit in accordance with the India-Sikkim Treaty of 1950. The 1965 Rules is one of the many Laws in Sikkim which are in the statute book but not applied. [The Sikkim Code, Vol II Part I, Chapter I II Pp169-71Published by Law Department, Gangtok]

Immigration from Nepal

The largest volume of immigration to Sikkim takes not from India, but from Nepal. In the 1961 census 5,352 persons born in Nepal were enumerated in Sikkim of whom 1,974 were residing there for 16 years or longer, 500 for 11 to 15 years, 735 for 6 to 10 years, 714 for 1 to 5 years and 647 for less than 1 year. The duration of residence of 782 persons was not stated. The 1951 census revealed 3,162 immigrants from Nepal. Therefore, 2,190 persons must have come in the intercensal period.” [Census of India, 1961 Volume XVI, West Bengal & Sikkim, Part I-A , General Report, Book (i) Population Progress, Page 384]

31,180 Fake Sikkim Subject Certificates

I have quoted above only a few of the most authoritative and authentic government documents to drive home my point that there are thousands of illegal settlers in Sikkim. It may be noted that the Sikkim Government itself had stated that there are at least 31, 180 “fake Sikkim Subject certificate holders”. The Sikkim National People’s Party even filed “a formal complaint with Gangtok Sadar Police demanding legal proceedings against 31,180 individuals possessing fake Sikkim Subject certificates as admitted by the State government earlier this year” [Sikkim Express Gangtok 6 Dec, 2010]. The police, however, will not take any action without an order from the Government. And never will the government order any action unless there is a violent agitation. For the time being, there will continue to be the peace of the grave yard. But we should be aware of John Dryden’s “Beware the fury of a patient man.”

During the Dui hazaar saat saal [2007] andolan in Nepal to oust the Rana Rule, many Nepalese came to Sikkim. Some families settled in areas close to my village. Legally speaking, they cannot be Sikkimese, since they came after 1946.

Pink Card

The recent ‘controversy’ about the Residential Card or the Pink Card which the Sikkim government proposes to issue to the people residing in Sikkim from 26 April, 1975 onwards is an avoidable problem. The political war of words over the “Pink Card” or “Residential Card” between the ruling and opposition parties would not have arisen if the powers that be in the past and present had followed the Laws and the Constitution, especially Article 371F, governing the Indian Union and its constituent parts.

The Pink voters’ card in 1975 had extinguished the distinct personality of Sikkim as an Associate State, a kingdom associated with a Republic – an unprecedented event in the annals of mankind. The Pink card proposed to be given to all and sundry who are in Sikkim from 26 April, 1975 onwards will snuff out the Sikkim Subject Certificates for eternity. I quote myself from Now,1 September, 2010: “Since 1975, Sikkim is no more a kingdom. It is unfortunate that the Bhutia, Lepcha and Tsong have lost their country and are strangers in their own land and are being made to part with the Sikkim Subject Certificates given to them by their monarch and go in for “pink cards”. Red is a dangerous colour elsewhere. But in Sikkim, pink is a dangerous hue. In April, 1975, the pink ballot paper was made an instrument to extinguish the distinct international personality of Sikkim. I do not normally vaticinate. But, thirty-six years later, the ‘pink cards’ will certainly herald the eternal death knell of Sikkim Subjects Certificates – the last vestige of a glorious past – if the people are not alert.”

“Non-Sikkimese employees in Sikkim, 1980”

On 26 March, 1980, in response to the question of a member, the Minister-in-charge furnished the Sikkim Assembly with the list of “non-Sikkimese employees in the Government of Sikkim,” along with their names and designations.[Proceedings of the Assembly 26 March, 1980 Pages 388-446]. According to the list, there were 1701 “non-Sikkimese employees” in the Government of Sikkim as on 26 March, 1980. I understand that many of them have passed away. The illegal and unconstitutional Sikkim Government order will make them “Sikkimese” jeopardizing the interests of the Sikkimese Bhutia Lepcha Nepalese and others.

73,431 illegally made citizens

The Government of India in the Ministry of Home Affairs issued Order No 26030/36/90-I. C.I dated the 7 th August, 1990. The relevant extracts are:

“Whereas, the State Government of Sikkim recommended the names of 74966 persons who were considered eligible for being included in the Register maintained under the Sikkim Subjects Regulation, 1961.
Whereas the Central Government have carefully examined the cases of 40,083 persons, whose details are given in the enclosed list.

The Central Government after careful consideration of all the facts and documents produced in respect of the 40,083 persons hereby determines that they were eligible to be included in the Register maintained under the Sikkim Subjects Regulation, 1961, and are accordingly, deemed to have become citizen (sic) of India with effect from 26 th April, 1975, in terms of Sikkim (Citizenship) Order, 1975.” [Gazette No 109 of 29 August, 1990 signed by P K Pradhan, Home Secretary, Emphasis added]

The Government of India in the Ministry of Home Affairs issued ANOTHER similar Order No 26030/36/90-IC I dated the 8 th April, 1991: Pertinent lines are:

“Whereas, the State Government of Sikkim recommended the names of 73, 431 persons who were considered eligible for being included in the Register maintained under the Sikkim Subjects Regulation, 1961.
Whereas the Central Government determined vide their order of even number dated 7th August, 1990 that 40,083 persons were Indian citizen (sic) w.e. f. 26.4. 1975 under Citizenship (Sikkim) Order, 1975
Whereas the Central Government carefully examined the cases of 33,348 persons more, whose details are given in the enclosed lists and have found them eligible to be included in the Register maintained under the Sikkim Subjects Regulation, 1961. The Central Government after careful consideration of all the facts and documents produced in respects (sic) of these 33,348 persons hereby determines that all these persons be deemed to have become citizens of India with effect from 26 th April, 1975, in terms of Sikkim (Citizenship) Order, 1975.” [Gazette No 70 of 25 April, 1991 signed by P K Pradhan, Home Secretary. Emphasis added]
From a reading of the above paragraphs, the State Government of Sikkim recommended the names of 74966 persons in 1990 and 73, 431 persons in 1991 who were considered eligible for being included in the Register maintained under the Sikkim Subjects Regulation, 1961.

Moreover, the ‘enclosed’ list was never printed along with the Sikkim Government Gazettes No 109 of 1990 and 70 of 1991. The people of Sikkim still do not know the 73,431 persons who had been “deemed to have become citizens of India with effect from 26 th April, 1975, in terms of Sikkim (Citizenship) Order, 1975.” The 1975 Order, however came into force only from 16 May, 1975 and not from 26 April, 1975 since the Citizenship Act, 1955[ No 57 of 1955] came into force on 16th May, 1975 and not on 26 April, 1975. Hence the Central government could not have invoked the 1975 Citizenship Order as it did not exist on 26 April, 1975.

With my little knowledge, I am not in a position to understand how the Government of India deemed more than 73 thousand persons as Indian citizens. First, as stated above, the Sikkim (Citizenship) Order, 1975 was not in existence as on 26 April, 1975 as only on the 16 May, 1975 did the Citizenship Act, 1955 come into force.

Secondly, the Citizenship Act and the Rules, made there under, do not provide for en masse conferment of Indian citizenship. The grant of citizenship is an important statutory function and therefore the law provides that notices are issued after individual applications to the People of India whether they have any objection to granting citizenship to the applicants. Since the statutory provision of law was not complied with, the 73,431 persons cannot be considered Indian citizens. Nor, on the other hand, could they be considered as “Sikkim Subjects” since they do no have Serial No, Volume No and other particulars from the Sikkim Subject Register. As all are aware, only the Sikkim king could have made Sikkim Subjects and after the kingdom became a part of history from 26 April de jure and 16 May, 1975 de facto, no authority could either add or amend the Sikkim Subject Register.

Before the grant of any Residential Card, we must study the legal and constitutional provisions. Moreover the term, “Resident” should be defined according to the Law.

According to the Constitution of India, only a person “who has been ordinarily resident in the territory of India” as on 25 January, 1945 can be conferred Indian citizenship on application. Similarly, the Sikkim Subject Regulation, 1961 [Repealed on 26 April, 1975] provided that only a person who “has been ordinarily resident in the territory of Sikkim” as on 2 July, 1946 could be granted Sikkim subject-hood on application. The Constitution and the Laws, governing the Indian Union and its constituent parts, are, therefore, absolutely clear and there is no room for any confusion. Neither is there any constitutional or legal provision for fixing any date such as 26 April, 1975 as done by the Sikkim Govcernment; nor is there any law for any “Cut off” year as was done in Assam or Arunachal Pradesh.

An idea of what the word, “Resident” in the Sikkim context means can be understood from the following legal provisions:

The Sikkim Subject Regulation 1961: Section 3.1“Explanation:- No person shall be deemed to have his domicile in the territory of Sikkim unless – (i) he is a person who has made Sikkim his permanent home and has severed his connections with the country of his origin such as by parting with his property in that country or acquiring immovable property in Sikkim.” [The Sikkim Code, op cit P 244]. Any person therefore having any property outside Sikkim during pre-merger and outside India after merger cannot be a citizen of India in the state of Sikkim. In order to qualify for being a ‘Resident’ of Sikkim, the person must have a ‘permanent home’ with the conditions mentioned above as on 2 July, 1946. Only the descendants of the persons are eligible to the Residential Card or Pink Card.

The Government must publish detailed particulars of persons who are to be given Residential Card, such as names, ages, names of father or husband, occupation, village, block District, immovable properties in rural and urban areas. There shall be a body of eminent Sikkimese to screen the names. Personages such as J B Pradhan, former Cabinet Minister, Pasang Namgyal, Retired Secretary, D K Khati, TP Sharma, Retired Secretary, PK Basnet Retired Secretary, LB Chetri, Retired Secretary, DKGazmair, first Chief Information Commissioner etc. could be requested for scrutinizing each case on spot verification. The procedure may take time; but it will be worth. The grant of Residential Card without complying with the provision of law may create problem the sensitive border State.

Courtesy: Sikkim Mail

Author is former Chief Secretary, Government of Sikkim

Friday, April 1, 2011

PRESS RELEASE OF ASSOCIATION OF OLD SETTLERS OF SIKKIM.


The Association of Old Settlers of Sikkim strongly supports the 48 hour Bandh being called by the Sikkim Democratic Front on the various demands pending with the Central Government including seeking exemption from payment of income tax under the Income Tax Act, 1961 for the left out categories of persons.

We are grateful to Honorable Chief Minister Dr. Pawan Chamling, for having brought a Government Resolution in the recently concluded Budget Session of Sikkim Legislative Assembly for considering inclusion of Left Out categories of persons including Old Settlers from exemption under Income Tax Act, 1961, who could not secure inclusion of their names in the erstwhile Sikkim Subject Register and hence deprived.

The Association is also thankful to Honorable Speaker and Honorable members of Sikkim Legislative Assembly for having extended their consent and strong support in favour of the resolution thereby giving equal justice to all the people of Sikkim.

The Association appeals to all its members to extend full support and make the Bandh successful.