SIKKIM: Womens Wing of SNPP meet

Posted by Barun Roy on December 27th, 2010

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THE HIMALAYAN BEACON [BEACON ONLINE]

The Mahila Shaka (Womens Wing) of Sikkim National People's Party (SNPP) held a meeting at the residence of the President on the 26th of Dec. 2010. The meeting was organized by Bhimshila Rai, convenor, and was attended by around 30 people including the party president. All organizational matters as set out in the agenda were discussed and some goals to further the activities of the womens wing were identified.

The meeting also discussed the issue of the Residential Certificates which are being issued to non-Sikkimese individuals and strongly objected to the fact that there is no consideration in it for the genuine Sikkimese women who has married a non-Sikkimese, or for non-Sikkimese who has married a Sikkimese. The meeting condemned the fact that the State Government has completely ignored this section of Sikkimese women and has been aggressive in awarding documents to complete outsiders only for political gains.

The meeting discussed the fact that a women married to a Sikkimese is being cruelly discriminated by the Income Tax Department as the COI awarded to this section of women do not contain Vol. No. and Serial number and thus are not exempt from paying tax. The meeting concluded that this is against the Human Rights of the women who are being segregated and humiliated in front of their family and their dear ones only for the sake of paying taxes, and condemned the ruling SDF for their visionless and blatantly anti-women policies which is creating cracks in the family system.

The meeting finally resolved the following:

Resolved that the party shall approach the Human Rights Commission regarding the humiliation suffered by women married to a Sikkimese for the purposes of tax collection. It was also decided that National Women’s Organizations be contacted on this matter as well.

Resolved that the party demand a stop to the process of issue of RC and other documents till the issue of genuine Sikkimese Daughters who have married non-Sikkimese is sorted out. It was further resolved to demand from the Government a white paper on the status of women of these categories before including total outsiders within the Sikkimese fold. [Through SNPP Press Release]

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Sikkim Subject Bachao Committee stages a dharna

Posted on December 24, 2010 by iSikkim | Category: Featured Post Local News Politics | 15 views | 1 Comment

If the Chief Minister Pawan Chamling fails to provide their rights to the people of Sikkim then the Central Government should intervene and President’s Rule should be implemented in the State, said Mr Nar Bahadur Bhandari the Chief Convener of Sikkim Subject Bachao Committee during the Dharna (protest) against the State Government’s Notification (regarding grant of Residential Certificates) that was staged in front of the office of the District Collector, East, Gangtok on 22nd December from 11 a.m. to 1 p.m.
He also said that the Committee will continue their protest and the mission to spread awareness amongst the people regarding the repercussion of such a policy decision till the time the State Government withdraws this anti- people Notification. He further mentioned that the State Government should fulfill demand of the people of the state and the Residential Certificate Notification is totally against the people. State Government has issued it illegally which is not for the people. Bhandari further added that Sikkim Subject Bachao Committee has been conducting all their programmes peacefully but today some anti social element tried to disturb the programme in front of the Sikkim Police. Government should take legal action on the woman who tried to cause tension in the venue of the dharna otherwise the Committee will take reaction.
Similarly Padam Chettri, General Secretary of said Committee informed that the Committee also wants to control influx in the state but through Residential Certificate influx number may increase in the State. The Committee is not against RC but before issuing the RC Government should prepare a name list of left out people but they don’t have any such programme. The Committee also wants to know who are the left out people because many original Sikkimese are also left out so that before issuing the RC the Government will have to handover the list of left out people. He further added that there are many people who were deprived from RC in 1961 and Government has to provide them Sikkim Subject not only RC. He said that they will protest against it through the party in national level also. Pahalman Subba, former MP also the Chief Convener of Committee said that Government should take action on the lady and he further alleged that this was preplanned by the government to disturb the programme.
On the occasion Biraj Adhikari, President of Sikkim National Peoples Party, AD Subba, President of Sikkim Himali Rajya Parishad Party, Punya Prasad Koirala, General Secretary of CPI(M) Sikkim Unit and around sixty people were present from other political parties.
Courtesy: Sikkim Mail

Rule of Law

by Sonam Wangdi
former Chief Secretary,Government of Sikkim

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

27th Nov. Committee observes its 5th year

Gangtok, Nov. 28

The 27th November Committee called for a meeting to mark the occasion of its fifth foundation day. Headed by its President, T. N. Dhakal, the executive members met at Tadong, Gangtok. At the outset, the President greeted its members and various issues were discussed at length concerning the state of Sikkim such as:

1 Constitutional provisions relating to state of Sikkim.
2 Old Laws of Sikkim.
3 Pink Card issues.
4 Issues relating to residential certificate/certificate of identification.
5 Sikkim Subject Certificate/Sikkim Govt. Service Rules 1974 etc.
6 Unemployment challenges.
7 Decision of the state Govt. regarding treatment of ‘AT PAR’ status to residential certificates with Sikkim Subject Certificate/COI holders.

The committee, after detailed discussion, resolved to take-up above issues individually with the state Government very shortly.

(Courtesy: Sikkim Mail

SIKKIM: Article 371F of Constitution secures Sikkim Subject: CM

Chief Minister Dr. Pawan Chamling has scoffed at the rumour that Sikkim Subject identity is being diluted by the state government. “The identity of Sikkim Subject is secure by Article 371F of the Indian Constitution which neither I nor even the Prime Minister or the President of India has any power to dilute”, Chief Minister said in public on Monday, December 13.

Chief Minister was addressing the people who had gathered when he laid the foundation stone of ‘Yama Green Residency’ at Ray Khola under Martam Rumtek Constituency. On the Sikkim Subject issue Dr. Chamling further said “the Parliament by a two third majority has to first amend the Constitution, if any Constitutional provision like the Sikkim Subject is to be changed”. Asserting that “Sikkim Subject is a serious issue”, he strongly pleaded to the people “not to listen to rumours”. In this context, Chief Minister recalled that “in 1997 the same rumour was floated”. He said there are many political parties but “they have no issues and their one point programme is to abuse me”. He urged opposition parties to do constructive politics and not to keep the people in the dark” Mentioning that Sikkim is a peaceful state with proper law and order, he said, “those who try to disrupt peace are enemy of the state and its people”. Regarding ‘Yama Green Residence’ of Mr. Thukchuk Lachungpa Chief Minister said after its completion tourist inflow will increase in the state and many people will get indirect benefit from through it. He urged the Sikkimese youth to change their mindset in order to avail the emerging job opportunities. He told the youth to think of the hotels and consider their rising demand of manpower and vegetable and other consumables.

Mr. Menlom Lepcha, Area MLA, placed before the Chief Minister different demands of the constituency like drinking water, road connectivity and garbage carrying vehicle. Mr. Thukchuk Lachungpa, promoter of Ray Khola Residency said that the he has plans to construct a 3-Star hotel near Ray Khola and mentioned that his 5-Star hotel is under construction at Sichey which will be completed in one year at a cost of Rs.23 crore.

[FROM SIKKIM REPORTER/ EDITED BY ASHOK CHATTERJEE]

SIKKIM:SNPP censures Prem Goyal statements


FROM HAALKHABAR.NET


Gangtok, December 14: Deeply infuriated with the statements of Nagarik Suraksha Sangathan (NSS) convener, Prem Goyal a week back, wherein he had demanded Residential Certificate (RC) should provide equal status as Sikkim Subject Certificates (SSC), Sikkim National Peoples Party (SNPP) President, Biraj Adhikari, roared high today on the issue stating that Goyal is flying tall in Sikkimese issue and had no right to make comments in integral matters being himself a non- Sikkimese.

Goyal should demand of work permits rather than seeking equivalent status as Sikkimese people. He should understand that SNPP will not let the RC prevail over SSC whatsoever, he said.

In a SNPP press conference held here at the capital, Adhikari slammed all rising voices of equal status and facilities compared to Sikkimese citizens stating that the Non- Sikkimese organizations should think twice before making comments on Sikkimese issues. We cannot entitle outsiders as state people from now on as it is weakening our little amount of left bargaining power with the Government of India, he added.

Coming back to Goyal, Adhikari said that Goyal should examine the clauses of government notification published in year 1995 which states 1975 as a cut off year but only after fulfilling 6 point criteria. Goyal does not find himself near that criterion which makes him inevitable to make such irresponsible comments, he alleged.

Commenting on the left-out crisis, SNPP President said that the issue that creeps out in every 10 years had given rise to immense influx in the state. He also expressed it as interference in national security, Sikkim being a hilly border state.

Also sensing a smell a betrayal concerning national interest, Adhikari alleged that the state chief minister himself having a good tie up with the Maoists power of Nepal and is indulged in dual citizenship case, Chamling policy is itself an anti national said Adhikari, concerning with the case of corruption in CBI of Chamling, he assumed that the huge money might be funding anti India powers.

31 thousands influx counting at prior and forceful implementation of RC at present clearly indicates that Chamling is trying to submerge Sikkimese values against of which the state people should protest, he stressed.

Team of Urban Local Bodies meets Chief Minister

IPR/GOS

This being the first official meeting of the representatives of the Urban Local Bodies with the Chief Minister, the team expressed their good wishes and thanked the Chief Minister for according them a chance to serve the people. They also apprised the Chief Minister on various activities being undertaken by them in their respective wards in all the four districts
23 August,IPR: The members of the newly constituted Urban Local Bodies led by the Mayor Gangtok Municipal Corporation Mr. K.N.Topgay, called on the Chief Minister Mr. Pawan Chamling at Samman Bhawan today on 23rd August 2010. Also present on the occasion were, Minister UD& HD Mr.D.B.Thapa, Chairman and Deputy Chairman Namchi Nagar Parisad, Commissioner Cum Secretary UD&HD Mr.Tobjor Dorjee, S.D.F. Party Secretary Mr. S.K. Pradhan, Presidents and Vice Presidents of various Nagar Panchayat, Councilors from Gangtok Municipal Corporation, and others.

This being the first official meeting of the representatives of the Urban Local Bodies with the Chief Minister, the team expressed their good wishes and thanked the Chief Minister for according them a chance to serve the people. They also apprised the Chief Minister on various activities being undertaken by them in their respective wards in all the four districts, and highlighted various problems in the area of their jurisdiction. The agendas included, working towards slum free State, proposals for systematization of Solid Waste Management, procuring of garbage disposal vans, allocation of funds and beautification of urban areas, sanitation, drainage, encroachments in town areas, urban roads, renovation, carpeting, unemployment and other important issues concerning administration and setting up offices, literacy mission, setting of police outpost at Sichey, construction of Shivalaya at Sichey, crematorium at Jorethang, Issue of residential certificates, professional tax,registration of labours from outside the state etc. The ULB Members further assured to work with utmost dedication for the benefit of the public, upholding the party manifesto thereby converting the vision of the Chief Minister into reality.

The Chief Minister welcoming them said that for the first time in the history of Sikkim, the State witnessed the election of Urban Local Bodies. The ruling government deserves credit that even the business community was accorded party tickets to contest the Municipal election and involved them in governance and decision making. The old business community should not feel left out and that they have not been recognized. The present Government has taken a bold step and provided legitimate rights of the Business Community for the first time in the history of Democratic Sikkim.

Addressing the august gathering, he further appealed to the members to be fully aware of their duties and responsibilities and work for the benefit of the urban people and at the same time contribute towards the development of the State. The Chief Minister added that it is the people who elected them to power and it becomes important for them to be humble and incorporate public opinions in their policies and programmes. Besides, he also said that devolution of power to the Urban Local Bodies and Panchayat have empowered these governing bodies and they are now answerable to the people. Generating mass awareness on various social issues and disseminating information to them can do a world of good in educating and creating a socially awakened community in our society. He said Sikkim is moving ahead in the right direction and the image of the state is high as far as other states are concerned. Everyone should keep up this trend and emphasis on qualitative work.

Referring to the development and beautification of the towns in Sikkim, the Chief Minister said that the first phase of the work has already been started. Comprehensive Mobility Plan and Development Guide Plan of major towns in the state has already been prepared by the Urban Development and Housing Department keeping in mind how the urban development should be carried out in the State. He also said that proper planning of land scaping by planting of flowering trees like rhododendron, duck wood, cherries etc as per their climatic viability, solid waste management, drainage, urban sanitation, sewerage treatment plant, creation of parks, garden, tourist infrastructures, fire station, car plaza etc. will be developed in all the bazaars duly keeping in mind the fragile ecology of the State. Besides, the provision of pedestrian walkways, Park , toilet facilities, and drinking water supply has also been incorporated. He also mentioned that the projects which are viable and eco-friendly will be implemented in all bazaars, he added. He also sought unconditional support of all the members in these ventures and asked them to generate awareness among the public on various policy decisions taken by the government on issues like ban on plastic, garbage disposal, adult education etc..

The Chief Minister also assured to look into all the demands made by the representatives of the ULB and also assured them all possible help. He also directed UD&HD Secretary to coordinate with the members and related Departments in fulfilling their request.

Dozen questions from Delay Namgyal on Pink Card exercise to CM

Sikkim express Report

GANGTOK, August 22: Claiming that the ordinary Sikkimese is confused about the rationale behind the Pink Card drive by the State government, politician Delay Namgyal Barfungpa in his personal capacity as a local resident has posed twelve questions to the Chief Minister seeking a guarantee that the Pink Cards are not a replacement to the Sikkim Subject Certificates.

“The people of Sikkim are confused about the Pink Card and the motive behind it. We are all made to believe by the district officials that due to various CoI that were issued to non-Sikkimese people during the last three decades, the Pink Card was a means to verify the original Sikkimese (having serial and volume number as per the Sikkim Subject Register) from the later settlers”, said Barfungpa in his letter addressed to the Chief Minister.

“What are the guarantees that Pink Card will not replace the Sikkim Subject Certificates? Will the original Sikkim Subject holders without serial and volume number get the Pink Card? Will the citizens who have lived in Sikkim for generations and have records of Dhuri Khajana and Patta Khajana, but have no Sikkim Subject Certificates will be eligible?”, questioned Barfungpa.

Barfungpa also questioned about the locus-standi of the Pink Cards in the national level.

Stating that there is a ‘tremendous resentment among all the Sikkimese’ over the Pink Card exercise, Barfungpa also sought to know under the provisions which Act are the Residential Certificates, a ‘surprise announcement’, ultimately going to be issued.

“What political, social and economic rights shall the recipients of the Residential Certificates enjoy in Sikkim? Will the rights be any different from the Pink Card holders? What is the cut-off year be?”, questioned Barfungpa. He also requested to know what steps the State government is proposing to check fake domicile certificates.

PS Tamang whips govt on Residential Certificate

source: VoiceofSikkim on Aug 12, 2010

12 August, Gangtok:

Talking on issuing Residential Certificate to the settlers who do not possess Sikkim Subject Certificate and those have been settled before 1975, government should have at least bothered to make collective response after discussions. An announcement of issuing residential certificate to the old settlers has unfolded monopoly nature of the government, he said. Over the issue no any information was availed to me or intimated by letter being me myself a MLA. The decision was purely unconstitutional and undemocratic he whipped Chamling government being irresponsible for taking up such crucial matter so lightly.

SSSBS opposes residential certificate

source: VoiceofSikkim

by Sashi Thapa


SSSBS opposes residential certificate & appointment of non-local maths teachers
12 August, Gangtok: Sikkim Sachet Swarojgar and Berojgar Sanghatan SSSBS has pronounced there oppose against the Chief Minister’s announcement over the issuing of ‘residential certificate’ to the left out community of Sikkim.

The Sanghatan signalling that the announcement would tarnish the future of 40,000 unemployed youths of Sikkim, urged immediate intervention into the issue. The process of issuing residential certificate to the left outs will endanger the original Sikkimese decedents and their rights.

The government at least should have discussed the matter with veteran, intellectuals citizens of the society before making such grave announcement, said the General Secretary Deb Gurung to the media today. “The people who have come from outside state for a job and are settled in Sikkim will then have a dual citizenship, in such case under what basis government will issue residential certificate?”, questioned General Secretary Gurung.

The Sanghathan has welcomed the government’s policy of Pink Card issuing but not on basis of 1975 as a mark-up year but in accordance to 1951-1952 Land Survey records. Sanghathan further alleged that as per the Land Survey record of 1952-152 more than 300 beneficiaries are being cut-off from Sikkim Subject Certificate, those should be availed Pink Card immediately. Announcement to issue Residential Certificate to left outs should immediately come to cease which may otherwise create uninvited trouble for the authentic citizens, said

Residential Certificate to the ‘Left Out’ is simply a gimmick – Prem Goyal

source: VoiceofSikkim


11 August, Gangtok: With the speech made by the Chief Minister to issue a Residential Certificate to the left out of Sikkimese community, a huge rush of appreciation was bagged by the Chief Minister by the business wards of the left out community. In the other hand scores of intellectuals belonging to the left out community has made their apprehension stating that this is simply a gimmick and nothing more to divert the attention of innocent community. In one such situation Sikkim Nagarik Sangarsh Sameti hard core member duo executive Prem Goyal have stumble upon the issuing of residential certificate.

He said, the tactical game play of the state government to juggle ‘IT expemtion’ ,’facilities’ and ‘racism’ will pour a big trouble for the people of Sikkim in the coming time near future.

All confusions would have been cleared if the state government had termed Sikkimese to those who have come before 26 April 1975 and others non-Sikkimese. A solution which the Sameti has been raising since many times to the state government making that as a markup year.

He said that, as per the state government cabinet memorandum on 21 August 2007which segregate the community those who will be exempted from IT and who will not, this all of sudden exemption for left out community of Sikkim is not more than a political drama.

The centre has no time for listening to petty issues again and again, once the memorandum has been sent to centre by the state government for exemption of IT for Sikkim Subject Holders and their decedents it is all done. Will the state government accept error or go for modification of memorandum and re-submit it to the centre thereby considering IT exemption for everybody?

State government give in a writing to me if it cannot do it, I guarantee that I shall do it within a week said Goyal strongly.

I have nothing to comment on community those who have extended their thanks giving toward the Chief Minister for issuing a speech over Residential Certificate for the left out community, they have a right to freedom of expression, said Goyal. He added that a private resolution was tabled in the assembly regarding the exemption of IT on 11 December 2009 toward the old settler’s decedents who have been settled before Sikkim Subject was Rules formed, those old settlers who owns a land in rural sector before 1963 before Sikkim Subject was introduced, those settlers whose decedents parents were government servants in Sikkim before 1969 , unfortunately things are not been done according to the resolution?

State Government’s proposal of issuing of residential Certificate is a tricky question which is puzzling the innocent people , here I have nothing to mention if the community falls on such illusion, he said. What is the surety that residential certificate would give a proportionate status to left outs, he said. The only way to find a easy way out to resolve the inequality is either to follow the 22 November 1965 gazette notification which is at par and legitimate formula to designate appropriate stand for left outs instead of making a political speech, he suggested.

The Association of Old Settlers of Sikkim
Gangtok,Sikkim


Press Release
10.Aug 2010


The Association of Old Settlers of Sikkim is extremely grateful to Hon’ble Dr Pawan Chamling, Chief Minister of Sikkim for having announced “ residential status” for all those left out people who have been residing in the State prior to its merger with the Union thereby enabling them to all benefits as enjoyed by their Sikkim Subject brethren.

The generous announcement has come after great efforts and deliberations on his part in forming a public opinion and convincing all concerned that all old settlers are an integral part of the Sikkimese Society and deserve equal protection and opportunities.

Dr Chamling has been working relentlessly in this direction for years and more particularly after insertion of section 26AAA in Section 10 of the Income tax Act 1961 which has led to grievances of having been left out, from various sections of the society. Taking due cognizance of this fact his party resolved in the SDF manifesto 2009.. “ While protecting this achievement of securing exemption from the Central Income tax, our Government has not lost sight of the genuine demands of the old business community, old residents and old Government employees-both State and Central. Our Government is seized of the problem and we are going to strongly plead for equal rights..”

He further went on to bring about Resolution no 4 in SDF foundation day MahaAdhivesan at Rangpo on 4 March 2009 reiterating the stand of the popular Government in strong support of the Left Out Categories of the people.

Duly appreciating one and all representations made by various bodies/ associations including Association of Old settlers of Sikkim the Hon’ble Chief Minister brought about and passed a resolution in the Sikkim Legislative Assembly to this effect to be taken up with the concerned ministries of Government of India.

In so far as the Association of Old Settlers is concerned, we have received continuous support and guidance from the Hon’ble Chief Minister who inspired us to prepare a survey of old settlers of Sikkim belonging to business community who are settled in Sikkim prior to merger. A Survey of Old settlers of Sikkim belonging to the business community soliciting socio economic development has accordingly been prepared and submitted to the Government on 8th July 2009 for authentication and consideration for various privileges and opportunities as enjoyed by their Sikkimese brethren.

It is sincerely hoped that with this announcement all apprehensions of the Left Out people of Sikkim shall be put to rest as the same takes further shape in determining them and classifying them as a category for all welfare schemes.


S.K.Sarda
President
Association of Old Settlers of Sikkim
Gangtok
Mobile: 94340-23594

Residential Certificates should be issued after proper verification’

SE Report

GANGTOK, August 8: Terming Chief Minister Pawan Chamling’s announcement to issue ‘Residential Certificates’ to the left out business category citizens residing in Sikkim as ‘historic’, SDF North/East District publicity secretary Mohamad Khalid today said that the decision has fulfilled the promise of providing equal status and identity to the people residing since the time of the Chogyal regime.

“Now the old settlers, who were suppressed and mostly poor and backward in all business fields will get a renewed chance to stand up in their business again,” Khalid said in a press release issued today.

He has also thanked the Chief Minister for the historic decision. “This is also a proof that SDF’s slogan Bhotey, Lapchay, Nepali and Byapari is not a mere slogan of the party but was true,” he added.

Khalid has further requested that those residential certificates should be issued after proper verification only so that the facilities and opportunities provided by the government should not reach to wrong hands.

CM announces Residential Certificates for others without Sikkim Subjects

by NIRMAL MANGAR

GANGTOK, August 4: Chief Minister Pawan Chamling today claimed that Pink Card drive of the Sikkim Democratic Front (SDF) government was chiefly aimed to free the Sikkimese people from the burden of income tax for eternity and to prevent a repeat of 1984.

“Sikkimese Janta were enjoying income tax exemption before 1984 but due to the wrong policy of the then government led to burden of income tax on the people. The industrialists and businessmen from outside reaped maximum benefits meant for the Sikkimese people. We were successfully in removing the income tax burden by convincing the Centre. Now, to prevent a repeat of the 1984 incident, we have come up with the concept of Pink Cards”, explained the Chief Minister during the State level Panchayat Sammelan here at indoor gymnasium hall of the Paljor Stadium.

Speaking for the first time on the concept of the ongoing Pink Card process which has already created a furore among the opposition camps, Chamling said that the Pink Card initiative will be implemented only after the end of this financial year.
We will take opinion from the people before implementing the Pink Card initiative after March 31, next year, said the Chief Minister directing the Panchayats to sensitize the people on the rationale behind the Pink Cards.

One of the major aims of the Pink Card initiative was to arrest the influx in Sikkim, according to the Chief Minister.

“Influx has risen in Sikkim in present times and Pink Cards will help to stop this. Those opposing the Pink Card initiative have to understand the objectives of this initiative to clear their doubts”, said Chamling pointing out that developed nations have also implemented such schemes to protect the local interests.

Chamling also announced that the State government will be issuing residential certificates to those people without Sikkim Subject certificates and had settled in the State before 1975. These certificates will help these people to get trade licenses, taxi licenses and employment in the State, he said.

A ‘Chief Minister’s Literacy Mission’ was also announced on the occasion with the aim to make Sikkim a fully literate State in the next three years. As per the mission, teenagers and aged persons will be given education by the State government.
“Sikkim must be made a fully literate State by 2013”, said Chamling. He said that additional infrastructure amounting to Rs. 25000 will be provided to each school for the mission where the target groups will be taught elementary English, Nepali and mathematics under the charge of the concerned panchayat.

Highlighting the need of quality education, the Chief Minister said the State government is spending Rs. 40,000 annually on each student while an astronomical amount of Rs. 378 crores is spent annually on salaries of the government teachers.
The Chief Minister also took the occasion to take a swipe against the opposition political parties, whom he said, were attacking the State government as they cannot digest the development of the State.

“The opposition parties do not love Sikkim and they are skilled in making allegations of every type just to defame Sikkim”, said Chamling.

The Chief Minister also announced to set up Block Administrative Centre at Parka-Machong, Chumbung-Chakung, Nandu Gaon and Martam.

The Chief Minister also presented the ‘Panchayat Shree’ awards to panchayat members-Meena Kumari Subba (West), Sarad Pradhan (South), Thinley Uzer Bhutia (North) and Deepak Pakhrin (East). The award consists of a citation, shawl and Rs 50,000.

JAC formed to pursue status for old settlers at par with Sikkim Subject holders

sikkim express Report

GANGTOK, August 4: A Joint Action Committee headed by Nagarik Sangrash Samiti president Prem Goyal has been constituted to pursue key issues pertaining to Indian citizens who have settled in Sikkim before the merger.

The JAC was set up during a meeting of ‘original Indian residents in Sikkim before April 26, 1975’ held yesterday at Gangtok. The meeting was to chalk out future course of action to get ‘status and rights’ at par with the Sikkim Subject certificate holders for those individuals and their families who had settled in Sikkim before the merger and do not have the Sikkim Subject Certificates.

Representatives from Sikkim Chamber of Commerce, Association of Old Settlers of Sikkim, Sikkim Bihari Jagaran Manch, Nagarik Sangrash Samiti and other citizens who fall under such category numbering around 200 had attended the meeting.

Satyanarayan Periwal had chaired the meeting which unanimously decided to form the JAC headed by Prem Goyal.

Goyal apprised the meeting that he has already filed a prayer petition in the Rajya Sabha last year requesting the intervention of the Union Government for ‘equal rights and status’ to those people in Sikkim who had settled in the State before the merger.

Goyal’s petition was supported by the meeting.

It was decided that the JAC will henceforth, will also work on the issue of income tax exemption for old settlers in Sikkim.

Pink Card is not a replacement of Sikkim Subject certificate: SDF

Sikkim Express | www.sikkimexpress.com

GANGTOK, July 28: Rejecting the allegations of the opposition political parties, the ruling Sikkim Democratic Front (SDF) party has asserted that the Pink Cards slated to be distributed to the bonafide Sikkimese people are ‘not a replacement of the Sikkim Subject certificates’.
“Pink Card is not a replacement of Sikkim Subject certificates. It is like a smart card form of the Sikkim Subject certificates containing personal details of the holder”, said SDF spokesperson Bhim Dahal to reporters yesterday.
Defending the Pink Card drive of the State government, Dahal pointed out that even the Union government is in the process of distributing Unique Identification cards to the Indian citizens. We are all Indians but there are local rules everywhere and Sikkim is no exception and Pink Cards will be given to those holding Sikkim Subject certificates, he said.
The SDF spokesperson said that the Pink Card drive is a continuous process. The process will take 2 or 3 years to complete, he said.
The Sikkim Pradesh Congress Committee (SPCC) has been strongly objecting the Pink Card drive of the State government. It had warned the State government to launch a State-wide agitation if the Pink Card drive is not scraped by August 15.
Regarding the SPCC deadline, the SDF spokesperson said that the SPCC has been giving ultimatums to the State government for several years. They have not fulfilled anything, he said.
SDF functionaries KN Rai and KB Chamling said that the State government had conducted meetings at all levels to sensitize the people about the objectives behind the Pink Card drive.
The concerned department held meetings with the District Collectors of all the four districts who then briefed the sub-divisional authorities who sensitized the Zilla panchayats and gram panchayats, the duo said. The panchayats have briefed the people, they added.
Meanwhile, Matri Bhumi Suraksha Sanghathan (MBSS) today issued a press statement claiming irregularities between the statements of the SDF party and the concerned agency, the State Land Revenue department on the Pink Card issue.
The SDF party is saying that Pink Card is not a replacement for Sikkim Subject Certificate while the Land Revenue department is maintaining in its pamphlets that Pink Card is equivalent to Sikkim Subject certificate, said MBSS convener Duk Nath Nepal.
Nepal said that MBSS has been objecting to the Pink Card drive of the State government as the organization believes that the drive is an attempt to give validity to those 31,180 persons that have acquired Sikkim Subject certificates through fraudulent measures,
“What is to be seriously understood is about the fate of those people especially from neighbouring Darjeeling region who came to Sikkim in the late 70’s to work here. They spent their whole life here in service of Sikkim. Their children are born and brought up here in Sikkim and do not know about their ancestral homes outside Sikkim”, said Nepal.
“These people numbering to around 1 lakh do not have anything to show that they are from outside Sikkim or from Sikkim and now are without identity and the State government is least concerned about them and instead is focusing to give citizenship to people from other nations”, said the MBSS converner.

Exemption from the purview of Central Income Tax, Nagrik Sangharsha Samiti- Press Release
source: VoiceofSikkim on Dec 09, 2009 | 7 Comments

Nagrik Sangharsha Samiti
Above Sri Niketan Mahatma Gandhi Marg, Gangtok, Sikkim
Ph- 03592-204008 Cell No: 09434109760, 09212974355
To,

The Chief Secretary
Government of Sikkim
Tashiling Secretariat
Gangtok 737 101
Sikkim.
Date: 07/12/09
Sub: Exemption from the purview of Central Income Tax
Sir:
With reference to the Notification No. 102/CT/20009 dated 23rd. June, 2009, I, on behalf of the Nagarik Sangharsha Samiti of Sikkim submitted a written representation dated August 29, 2009 and delivered the same personally in your office. A copy of the said letter is attached herewith for your ready reference.
2. From the contents of the Minutes of the Meeting held in your chamber on 08.10.2009 and signed by the Member Secretary Shri H.B. Rai, it is prima facie clear that the Committee constituted to consider exemption from the purview of Central Income Tax to left out individuals has not taken into consideration the contents of my representation and annexures thereto and ignored the same there by perpetuating injustice to all such persons (barring foreigners) residing in Sikkim before 26 April,1975. The Samiti expected a fair hearing before the Committee which is a normal administrative procedure in any democratic system.
3. I have carefully perused the contents of paragraph 2 of the Minutes of the Meeting of the aforesaid Committee. It is categorically stated therein that “there was no provision in the

Income Tax Act, 1961 for grant of income tax exemption to the left out individuals in the State f Sikkim”. As far as I am aware, there was no provision in the Income Tax Act,1961 for grant of income tax exemption to the erstwhile Sikkim Subject holders until Sec.10 of the Act was amended by the Finance Act,2008 which inserted 26AAA. The exemption granted to the erstwhile Sikkim Subject holders and others covered by Government of India Order No.26030/36/90-I ICI dated 7.8.1990 and 8.4.1991, is based on the Cabinet Memorandum No.06/Fin/Adm. dated 21.08.2007 the contents whereof are well within your knowledge as the same was signed by you as Additional Chief Secretary and Secretary-in-Charge, Finance, Revenue and Expenditure Department of the State Government ( A copy of the same is attached herewith for ready reference). The question of tax exemption was a long-pending political demand of the State of Sikkim and that the same has been agreed to and granted by the Centre under Sec.26AAA discriminating all such persons residing in the State before April 26, 1975. While pressing for tax exemption, the State Government appears to have totally forgotten the legitimate and genuine demands and expectations of all such persons (barring foreigners) who stood at par and became equal with the erstwhile Sikkim Subject holders as on April 26, 1975.
4. The Nagarik Sangharsha Samiti of Sikkim urges the State Government to put forward the case of the left out persons residing in Sikkim before April 26, 1975 for income tax exemption in the same manner in which tax exemption was secured for the erstwhile Sikkim Subject holders. This political demand is justified, legitimate and consistent with the role played by all such persons in the all-round development of Sikkim being equal in all respects.
5. Last but not the least, the tax recovery process initiated by the ITO, Ward: Sikkim State, through individual notices calling for the filing of returns for the assessment years 2008-9 and 2009-10 be forthwith stayed pending the consideration of our demand for tax exemption and equal treatment with the beneficiaries under Sec.26AAA. We further request that the Circular bearing No.14/Fin/Adm. Dated 12.11.2009 directing all government departments/agencies and authorities to initiate the process of TDS with effect from December, 2009 be similarly stayed and kept in abeyance till our demand is conceded to by the State and the Central Government through suitable amendment of the applicable law.
Thanking you, Yours faithfully,
Encl: 1) letter dated 29/08/09 (PREM GOYAL)
2) Minutes of the meeting dtd 08/10/09 Chief Coordinator
3) Cabinet memo no. 06/Fin/Adm dtd 21/08/2007


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7 comments
nawin kiran says:
December 9, 2009 at 11:33 am
I have been so called exempted from paying Central Income Tax Act, 1961. If it was so, I would have been sitting at home and praising Mr. Chamling. But I am not doing that because I know implementing Central Direct Taxes in has violated Article 371-F.
Hence, I am rather disappointed with the Old Settlers Association. NSS etc. they should have voiced along with us (ASESE&UA) and said “Direct Taxes should not be implemented at Sikkim at all”.

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Rating: +1 (from 1 vote) Tashi Pemba says:
December 10, 2009 at 3:54 am
SIKKIM POLITICS— SIKKIM SUBJECT

Posted by Tashi Pemba
Sikkim Subject :
You may bury an injustice but you can never kill an injustice.
Like Banquo’s ghost it will come back to haunt you till your death.

Today the term “Sikkim Subject” is being used to supposedly describe indigenous Sikkimese people .In fact the status is an absolute misnomer as the aforesaid “status” has been reinvented by a circuitous Sikkim government initiated ploy in 1989 to allow Nepalese of not known nationality who came to populate Sikkim after its merger with India in 1975 to become not only citizens of India but gain domicile status in the state of Sikkim.

Simultaneously the same central government directive by a sleight of hand allowed by this notification (obviously engineered by the state government) that all the old settlers of Sikkim other than Nepalese would be deprived of their constitutional right of domicile in the state as the rule allows only rural land owners to apply for Sikkim subject when the King’s laws specifically encouraged Indians to purchase land only in urban areas.

History.

The Sikkim Subject Regulations came into being in 1961 under the erstwhile King of Sikkim to stop the influx of Nepalese into his kingdom as they were posing a danger to the indigenous population. The regulations specifically allowed Sikkim subject status only to people settled in Sikkim for at least 14 years before promulgation i.e. 1961.
This law was specifically directed towards stopping Nepalese/Tibetan/Foreigners influx into Sikkim but has been construed today to deprive Indian people who have been in Sikkim for not 15 but 50 years before the act was extended in 1961.

This law also applied to all Nepalese/Tibetan immigrants and in fact even more so as they were also governed by the “Sikkim Work Permit Regulations” (till date in effect ) which further required that on entry into Sikkim they must be listed (unless they were Indians) and they were specifically were barred from any property rights in Sikkim.

Thus any entrants to Sikkim before 1974 must either be Indians or if they were stateless then they should have been registered under the work permit rules and there should be a record with the government of these people, and they alone if any, are entitled to Domicile status. All others must be considered as Foreigners without any rights.

In addition all Indians were protected by the 1950 Treaty of Peace and Friendship between Sikkim and India. The treaty specifically recognized the reciprocal rights of Sikkimese and Indians to settle in, own property and engage in commerce in each others territory without any let or hindrance.
The treaty specifically granted to Indian Citizens all the rights of citizenship under the Sikkimese Government and the 1961 regulations acknowledged this fact by not requiring Indians to apply for the aforesaid “Subject Status” to avail of any protection under Sikkim’s laws as absolutely equal citizens.
In fact the Indian community as a whole were treated absoloutely equally by the ruler and his administration without any discrimination whatsoever vis-à-vis the indigenous people. After the ruler was deposed in 1975 both “Padma Vibhushan Kazi” and “N.B. Bhandari” administrations continued the equal treatment and in fact even the current administration more or less continued the same policies till the passing of the Finance Act 2008 when Mr.Chidambaran was inveigled into pronouncing on the term “Sikkimese” in the Union Budget.

This opened a “Pandora’s box” and the “Chamling” government quickly started expanding on the term (Sikkimese and “Sikkim Subject”) to deprive a communally sensitive minority of their rights in a blatant attempt to try and foist an ethnically Nepalese state on the Indian union. (The indigenous people are a fast reducing minority who will like the Parsees soon face extinction and all the other communities have been deprived of Domicile status by a spate of bills in the Sikkim Assembly which even deprive them of Basic Human rights.)

Thus all others in spite of living in Sikkim for more than a hundred years are now not “Sikkim Subjects” ——all state protection and avenues of advancement are barred to them. (No hospital treatment/no educational benefits/no trade licenses/ no part in any state sponsored activity.)

In actual fact the Nepalese of unknown status(stateless according to petition of the “Bhandari” government in the petitions committee of Rajya Sabha) were granted both Indian citizenship and by a convoluted operative portion of the directive also became “Sikkim Subject’s” although “Sikkim Subject status” was specifically repealed by the Central Government when Sikkim joined the Indian Union .There cannot legally be any recognition of any status beyond “Indian Citizen” or “State Domicile” as these are the only two recognized status for a citizen of India.

However cleverly the above ‘Sikkimese” status pronounced by Mr. Chidamabaran is now being used as a logic to bestow citizenship (central government’s prerogative) in the state of Sikkim. The “Chamling” Government has in effect allowed Stateless persons to acquire a status above the actual Domiciled people of the state—a special citizenship granted by the state government. Any special status for foreigner’s would certainly in years to come translate into a fertile ground for anti –India forces to claim and proclaim sovereignty and other such mischievous claims in Sikkim.

Conclusion.

The fate of Jammu after Prime Minister Pandit Nehru’s tribe were thrown out and where today no Indians are left to protect or project India’s claims will surely descend on Sikkim too.

The constitutional anarchy attempted by the ‘Chamling” government in trying to foist a Nepalese population as absolute rulers on the minority indigenous Sikkimese and their natural allies “The Old Sikkimese of other than Nepalese origins” must and will result in the fall of the government for unconstitutional practices as soon as the central government or the Supreme court applies its mind to the subject as at the least basic protection under Articles 14 and 15 of the Constitution of India have been blatantly flouted.

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Rating: -1 (from 1 vote) simple citizen says:
December 10, 2009 at 11:01 pm
Mr. Tashi Pemba,
Your statements on Sikkim politics-Sikkim Subject should have been directed towards the settlement of Income Tax exemption to the Old Business Community of Sikkim but you ultimately concentrated on Nepali bashing only.You only treated The Sikkimese Nepalese as outcome of Influx from outside and treated them as foreigners on this land where the Nepalese have also given their fair share of contribution towards the making of Sikkim.As to the accusations of marginalization of our Indigenous Tribal brothers , They were mistreated, exploited, suppressed by their own Natural Allies before the coming of the Nepalese.On the questions of Stateless persons being given citizenship, they were exploited by the erstwhile Royals, Aristocracy and being poor and illiterate were never given a citizen’s status.Their being accorded Citizenship status is an act of Natural and Social justice.Lopsided comments on the unalienable rights of any community is another form of disguised “Communalism”. Our attention should be towards A better change in Sikkim where all communities enjoy equal rights and harmony.

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Rating: +1 (from 1 vote) daju says:
December 11, 2009 at 4:30 am
mr pemba ur article was really interesting n i do agree to it to a large extent…
n simple citizen wat i feel is u have misunderstood it and took it in a communal manner..But with due respect he hs clearly mentioned that people in sikkim who have been there before 1974 ought to be treated equally whether nepali tibetan bihari marwari or any other migrant alongwith the indigenous people of sikkim.
n d situation hs reached to such an extent that ppl from outside the state have been recognised as sikkim subject holdrs jst beccos they owe similaruty in appearance and language…
it is matter of grave concern if it is being done just to garner votes for d netas…
jst like in bengal, the bangladeshis are illegally acquiring indian citizenship through these dirty politicians as they have similarities in language and appearance.
its high time that all the sikkimese people unite and rise against these disturbing and distorting trends and this can only be done if it s done by keeping the cheap politics aside…

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Rating: +1 (from 1 vote) simple citizen says:
December 11, 2009 at 9:57 am
Dear Daju,
The comments on the well researched article by Shri.Tashi Pemba was not perceived in a communal colour and it was not intended for hurting anybody, but some lines on the above mentioned article could have been stated in a more harmonious manner keeping the sensitivities of other people . No malice intended.

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Rating: +1 (from 1 vote) Save sikkim says:
December 11, 2009 at 10:53 am
Hello everyone, lets not be immature to discuss about nepali and bhutia when the politician are trying their best to create disharmony among we brothers……..let the old settlers get their demand,afterall even they have contributed a lot for sikkim….bottomline is we are indian and we need to be one and fight for a common cause,so cheers guys and look forward for chamlings downfall…

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Rating: +1 (from 1 vote) barun says:
July 27, 2010 at 4:29 am
hey to all u people, hey lets not cry over what is being done or what is supposed to be be done or what ought to be done.
Since childhood we have been brought up with a notion saying all that is done is supposed to be for a better purpose. It may bee a boon and a blessing in disguise.
All i want to say is that the law makers must have come upon a common cause and the bill was unanimously passed.
If it is a vested interest let their karma act on their behalf.
“viva sikkim”

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AOS congratulates CM on Bhanu Puraskar

Sikkim Express Report

GANGTOK, July 14: The Association of Old Settlers in its executive meeting held on July 14 has congratulated Chief Minister Pawan Chamling “Kiran” on being conferred with Bhanu Puraskar by the Nepali Sahitya Parishad.

Bhanu Puraskar 2010 was handed over to Pawan Chamling “Kiran” by Governor BP Sing on the occasion of Bhanu Jayanti yesterday.

“Mr. Chamling is a poet and visionary leader par excellence. Sikkim has made enormous progress under his leadership. Now it is ahead of many other States in many fields. Tourism has brought great benefits to the masses in Sikkim creating job opportunities to many aspiring youths,” AOS press release reads.

The release further reads, “His efforts to urge farmers not to use chemicals in the fields will create huge benefits to farmers when they will be able to market chemical free farm products which is a big craze now a days among the effluents class in the cities.”

It further said that the capacity building programme which is now under good momentum will make Sikkim youth skilled in many fields providing opportunities worldwide to them.

Setting up of Sikkim University, Sikkim Manipal University and now National
Institute of Technology will enrich the youth in various disciplines of
life making them dedicated leaders of future, adds AOS president SK Sarda in the release.

AIZWAL, MIZORAM: Mizoram Gorkhas Long For OBC Status


FROM SINLUNG.COM

Aizawl, Jul 14 : The Gorkha community in Mizoram has eagerly been waiting for the state government’s nod to grant Other Backward Class (OBC) status to them.

The promise of the then Mizo National Front (MNF) ministry to include Gorkhas in Mizoram in the OBC category is yet to materialise, a Gorkha leader said here today.

It was on July 14,2008 that the then Rural Development minister H Vanlalauva said the MNF ministry would do ‘everything’ to grant the Gorkhas the long-awaited OBC status.

The Gorkhas reiterated their long-standing demand to Parliamentary Secretary Lal Thanzara, who graced the 196th birth anniversary of Adikavi Bhanu Bhakta Acharya, a renowned Nepali poet, at Kolasib on Tuesday.

Mr Thanzara assured the Gorkhas that he would do whatever he could to include the community in the OBC list in Mizoram.

Mr Thanzara said though Mizos and Gorkhas are not from the same ancestry, there is a good brotherhood between them. ”Gorkhas have been living in the state for more than hundred years and have built a good brotherhood with the majority Mizos,” he said. The declaration of Gorkhas, who had settled before 1950 and their descendants as bonafide citizens of Mizoram, was made during the Lal Thanhawla-led Congress ministry, Mr Thanzara said.

The Parliamentary Secretary praised the honesty of Gorkha people and urged to keep up this quality and maintain the harmonious coexistence with the Mizos.

Speaking at the function, B S Thappa, a Gorkha youth leader and lecturer at Government Kolasib College, recounted the loyalty of the Gorkhas towards Mizoram.

”The fact that 21 Gorkhas went underground and joined the Mizo National Front (MNF), when the latter was fighting for independence from the country, showed the solidarity of the community with the Mizo people,” he said.

When Mizoram was elevated to statehood in 1987, the Constitution of India included the Gorkhas in the OBC list, depriving the Gorkhas of all privileges they had enjoyed before, the Gorkha leader said.

”If Mizoram government includes us in the OBC list, we will be able to enjoy certain rights and privileges without encroaching

The meeting also discussed the Monitoring of implementation of schemes and flow of funds in respect to schemes such as Mahatma Gandhi National Rural Employment Guarantee Act , Swarnajayanti Gram Swarozgar yojana(SGSY) , Indira Awaas Yajana (lAY) ,DRDA Administration, Pradhan Mantra Grameen Sadak Yojana(PMGSY),Accelerated Rural Water Supply Programme, Rural Sanitation Programme (Total Sanitation Campaign, Progress of Indira Gandhi Old Age Pension Scheme, Watershed Development Programme under DPAP, DDP and IWDP (Hariyali), Computerization and Modernization of Land Records Scheme etc.

What is our identity

by Hamrosikkim

When we talk of identity, we are essentially asking the age old question of who we are? Or individually who am I? This question has baffled great minds of history since the beginning of time. In fact it directly relates to a very deep rooted subject called “self realization” or as Maslow puts it “self actualization”. When we deeply analyze history of philosophy and the sciences, we find that great minds have defined our identity in different ways.

The great saints and religions of the world teach us different practices, processes, karmas, dharma and rituals to basically understand this question. Who am I? How can I be happy, satisfied and peaceful? It is not just a question of theoretically understanding of who we are, but a real concrete realization or experience of who we feel and know who we are. For instance I really feel I am a bhutia and I know it well enough to identify with it completely. On the other hand great scientists like Rene Decart have said “I think, therefore I am”. And then there are other modern reductionist scientists who say that we are basically made up of atoms and molecules. And then there still others who believe that we have just evolved from the apes, not to mention the many existencial writers of the present century.

So where do we start this search, and who do we really believe?
I feel the best approach to this question would be to answer it at different levels. Depending on a person’s wisdom or evolution he’ll relate to this question of his identity at his own level. In other words our understanding of identity depends on our own state of consciousness. So what are the different levels of this realization?

A. At the broadest universal level –

We are intrinsically spiritual beings, a part and parcel of the universe. So as citizens of the universe we are individually and collectively, responsible for our actions of polluting the environment, destroying the biodiversity, effecting climate change and exploiting other living beings the right to live, creating suicide genes etc...

B. At the International level –

Internationally we are Indians, because of our passport. Even the Chogyal before or after the merger traveled on an Indian passport. Why? Because the Indian Government was responsible for “protecting” our suzerainty. How the Indian Government under Srimati Indra Gandhi, exercised her protectorate responsibility is a question of debate and for history to decide. But for now legally we are natural Indian citizens, because we became a part of India along with our individual and state owned land.
Baichung Bhutia is the football captain of India. When there is a cricket match, we cheer for India. Why? Because we identify with the Indian team, not Bangladesh or England.

C. At the national level –

Now days we first belong to the North East and then we belong to the state of Sikkim. During any national games, we represent Sikkim not Nepal or Bengal or Bhutan or Tibet.

D. Now at the state level –

The confusion starts here. Here we find 3 sets of identities getting misunderstood and a fourth one trying to add further twist to the confusion.

1. Our Constitutional identity: The Constitution of India (Article 371f) defines our identity as “Bhutia, Lepcha and Sikkimese of Nepali origin”. So legally or constitutionally we are “Bhutia, Lepcha or Nepali of Sikkimese origin”.

2. Our community: We may be newar, rai, bahun, bhutia, lepcha, limbo or tamang etc.

3. Mondal Commission’s idea of identity - Tribal, OBC, and NBC, SC

4. Another ridiculous twist: Gorkha

Unscrupulous Governments and politicians in the past and more so now are trying to confuse these three sets of identities for selfish gain and are playing with our sentiments and emotions. Some foolish people are further trying to add another foreign identity Gorkha, We don’t need the British to tell us who we are, neither do we need politicians and beaurocrats from Delhi to tell us who we are. We already know our own community and how to respect all other communities in our society, like we have done in the past and lived in harmony.

The Constitution already provides us with our identity as BL& Nepali of Sikkimese Origin .Now why do we want to confuse our constitutional identity with another set of identities like OBC or Tribal or NBC? This only confuses our people and further complicates or dilute our constitutional identity and in the process further breaks down our already fragmented society and culture into these OBC and NBC and tribal etc. Sikkimese people should be wise enough to understand that Sikkim subjects are already protected by the Constitutions. Otherwise, why would GOI be partial to Sikkim subjects and not to the others, by implementing an extremely complicated Income Tax Act to only a certain section of the people even after 33 years of merger? Why? Because of 371 f. Article 371f is only 2 pages and anyone who can read English can understand the protection and safeguard that it give our Sikkim subjects.

The real issue should be are you a Sikkimese or not a Sikkimese? Local or non local? If this line gets blurred, there will be no one questioning influx of Bangladeshis in the future? Result will be another bodoland or Manipur, with separatist agendas and bomb blasts. Aren’t we already finding thousands of detonators just lying around our jungles?

Sikkimese people should understand that all the people who are trying to amplify the different trade associations like, SCC, SAATO, taxi drivers etc and the community associations Newars, Chettri , Rai , Limbu etc or through active members of certain political parties are people who do not understand the value and importance of the Sikkim Subject certificate and hence are trying to enter the local Sikkimese social circle and are usually "OUTSIDERS". Of course our communal cultural identity is there and it is important to respect our cultural heritage, traditions, customs, language and literature etc. This shows the greatness of our cultural history and diversity and we must work hard to preserve and develop it further. However we must be careful not to confuse political rights with communal issues. The politicians are succedding in playing their communal vote bank politics and exploiting the future of the peaceful Sikkimese people.

So please don’t let selfish and short term politicians exploit our emotions and dilute our constitutional identity. All Sikkim subjects should unite irrespective of their community and then there is ample opportunity, communal harmony and progress. We are Sikkim subjects first and then we are Rai or Limboo or Lepcha after that. We cannot have the cake and eat it too. Either we are Bhutia or Tribal, OBC /NBC or Sikkimese of Nepali origin. If we want to go the tribal or OBC way, we should follow the Mandal Commission instead of Sikkim Subject Act of 1961. Outsiders and politicians will want us to believe in the Mandal Commission so that they can get their votes or dilute our constitutional identity and merge with us. Sikkimese people should choose. Let us not allow the next generation to go through what we are facing now - communal fragementation. Our parents already made a big mistake. Let us not aggravate the situation and make another troubled state like the north east. Let us not get bewildered by the temporary, short term benefits but unite and respect all communities in Sikkim for the future of our children.

E. At the local community/social level ?

At the society level we are recognized by our family and community. Let us respect all communities and their individual cultural heritage. Each and every one of us have a responsibility and role to play in our society. Let us give everyone an opportunity to exercise their responsibility. Just across the boarder from Rangpo, we don’t see fragmentation of the different communities. They all live peacefully as brothers and sisters. They don’t politically differenciate between Rai or Lepcha or Chhetri. We were the same earlier ? But what happened in the recent past ? Let us also learn from our Gorkha brothers and sisters from across the state.

F. At the individual level?

How do we identify ourselves individually? We have our name, sex, age, beauty, faith, degrees, qualifications, education, wealth, status, belongings like house and cars, connections and contacts, occupation or position, residence and the thousands of identities that we cover our selves with every day right down to the style and clothes we wear, mobiles we carry , music we listen to , books we read etc etc .

SIBLAC approaches Himachal Chief Minister Dhumal for upkeep of Tso-Pema

source; VoiceofSikkim on Jun 25, 2010


SIBLAC meets approaches Himachal Chief Minister Dhumal for upkeep of Tso-Pema
25 June, New Delhi: The Siblac delegation led by its Convener Mr. Tseten Tashi Bhutia today approached the Hon’ble Chief Minister Prof. Prem Kumar Dhumal at Himachal Bhawan, New Delhi and raised matters pertaining to the upkeep of the Rewalsar Lake alias Tso Pema and its sanctity vide submission of a memorandum.

To
Prof. Prem Kumar Dhumal Ji
Hon’ble Chief Minister
Government of Himachal Pradesh
Shimla
Himachal Pradesh.

Sub: Restoration / Renovation of the sacred Rewalsar Lake @ Tso Pema at Rewalsar, District: Mandi, Himachal Pradesh.

Hon’ble Sir,
It is a matter of great appreciation that the State of Himachal Pradesh has turned into a must visit destination for tourist visiting India while at the same time the State has off late evolved as the tourist hotspot under your stable leadership. We further appreciate the conspicuous quality of surface transport networks that is an uncompromising requirement to boost tourism development to such an extent.

Furthermore, for Sikkim and the Sikkimese Buddhists, your State is one of its most sacred pilgrimage centre by virtue of being the land of the above mentioned Rewalsar Lake alias Tso Pema, a sacred lake associated with great Buddhist Master Mahaguru Padmasambhava, the second Buddha who was arrested and put to burning flame by the then King Indrabodhi of Jahor in the 8th century A.D. The Mahaguru converted the flame into the present day Rewalsar Lake alias Tso Pema and miracled himself seated on a lotus amid the lake and thus the name Tso Pema meaning “Lotus Lake”.

Under the circumstances, may I solicit your dynamic leadership’s kind attention and intervention to ensure the following:

1. Renovating and maintaining the Lake befitting to its significance to the entire Buddhist world. This shall not only go a long way in addressing to our concern but shall also highly be yielding in the furtherance of your State’s Tourism potential to even further higher level.

2. Further more boating and other human activites in the Lake in the past has created a massive unrest and a sense of religious genocide amongst the Buddhist the world over which however could not be traced during our last week visit to Rewalsar. In this regard, we would also solicit your support and cooperation to make the Lake free of any such human activity thus ensuring the sanctity and sacredness of the same. Such development shall definitely put the Rewalsar Lake amongst world’s prominent Tourist circuit.

Submitted for your most considerate deliberations and sympathetic favour please.

Sarva Mangalam

Tseten Tashi Bhutia
Former Minister, Sikkim
Dated: June 25, 2010 Cum
Camp: New Delhi Convener, SIBLAC

SIBLAC urges HRD Ministry for inclusion of Bhutia,Lepcha & Limbu languages in NIOS school curriculum

The Siblac continues its hectic schedules in New Delhi approaching with different authorities of the Union Government. Today it submitted a memorandum to Mr. Kapil Sibal, Union Minister for the Human Resource Development at his Shastri Bhawan Office, New Delhi.

To
Mr. Kapil Sibal Ji
Hon’ble Union Minister
Human Resource & Development Ministry
Government of India
301, C-Wing, Shastri Bhawan
New Delhi

Sub: Inclusion of Sikkimese Bhutia, Lepcha & Limbu languages in the curriculum of the National Institute of Open Schooling (NIOS) in Class X & XII and Indian School Certificate Examination (ISCE)’s school curriculum.

Hon’ble Sir,

In the best interest of the aspiring students of the Sikkim and the adjacent Himalayan region and driven by your conspicuous zeal to turn the Indian education system to a more practical and accessible one in consistent to the all-pervading global changes by initiating some of the best concept alias judicious revolution, I would like to submit the following:
That;

1. Sikkimese Bhutia, Lepcha and Limbu languages are the recognised official tribal languages of the State of Sikkim and lingua franca of the Sikkimese people.
2. That all the three languages have its own well developed language, scriptures, grammars with considerable progression in their respective art and literature fields.
3. These languages are incorporated in all the academic curriculum / syllabus of the Central Board of Secondary School (CBSE)’s Class X and Class XII programmes.
4. These languages are also included and taught upto the Degree level programme of the Sikkim University.
5. Unfortunately, these three languages remained unrecognised and unincorporated in any of the NIOS programmes curriculum and syllabus, thus denying a bulk number of under privileged students belonging to the above cited categories of Sikkimese Bhutia, Lepcha and Limbu languages.

Under the circumstances, I solicit your most considerate intervention to the effect that:

1. The above mentioned languages of the Sikkimese Bhutia, Lepcha and Limbu is immediately recognised and incorporated in the Class X and Class XII programmes, curriculum and syllabus of the National Institute of Open Schooling (NIOS) and in all the Jawahar Nabodaya Vidhalaya Institutes operating in the State of Sikkim from their academic sessions 2011.

2. The Sikkimese Bhutia and Limbu languages are immediately recognised and incorporated in the Class XII and Class X programmes, curriculum and syllabus of the Indian School Certificate Examination (ISCE) with immediate effect from the ensuing session of 2011.

With highest regards.

Tseten Tashi Bhutia
Former Minister, Sikkim
Dated: June 24, 2010 Cum
Camp: New Delhi Convener, SIBLAC

Pinking of the Sikkimese populace Whatever one might say, replacement of Sikkim Subject Certificate, a sacrosanct document with coloured cards should not have been done on the following reasons:

1. Pre-empting the Crooks. Argument that discovery of 30,000 fake SSCs necessitated Pink Cards, is akin to saying, “The thief has been identified, now lock the doors”, instead, we should be catching the crook. What was required was strengthening of the rules, regulations and processes related SSC rather than pinking the SSC itself.

2. Pink Cards producing Pink Cards. SSC is an historical sacrosanct document, now never replicable and is like the main root of the tree. There can only be one main root and, correctly, branches have been created in the form of Domicile Certificates and the Certificate of Identification which would ultimately trace the genuineness of their origin, thereby keeping the sanctity of the root intact. But today we are making the branches to act the root. It will take just one brother holding a Pink Card to make all his brothers, sons, and grandsons Ad Infinitum eligible to possess the Pink Card. The roots stand forgotten. But in the process, a single wrong brother will also create a mistake of similar magnitude. Just imagine a scenario. One takes out Sikkim Subject Certificate and other flashes the Pink Card with a pink smile and this fellow got the Pink Card because his brother possessed one, and he himself was borne in Bangladesh and is the son of his father’s third wife. Pinking of SSC has lowered its dignity and improved chances of fraudulence.

3. SSC a harmless document. In the long run, perhaps SSC will mean very little in terms of facilities and freebies that would come along with it. Even today with or without SSC everyone is enjoying every bit of facilities available here - jobs, contract works, right to purchase dokaan, makaan, land, business opportunities, BPL rice, etc. As for the jobs, just read the papers. For about 1000 jobs there were tens of thousands of applicants! So where are the jobs that we should be banking on Sikkim Subjects for? And for how long? One may point out Income Tax exemption. But, how wealthy and for how long are the people of Sikkim? A few who have moderate business will just feel not so rich if they cross Rangpo, reach Siliguri and meet Mittals and Agarwals. Basically, IT imposition would have hardly any impact. And remember tax paying is a process of nation building. SSC is neither harming anyone nor it will make anyone billionaire overnight. So, it should have been left alone.

4. Tied with our emotions. Today when we have lost so much, what remains is - this old mould infested and colour faded paper which - as a precious inheritance, we keep in our boxes padlocked and with which we are so emotionally bound to. So, this paper has significance of very different nature, like papyrus or parchment on which Valmiki wrote the original Ramayana. So how can this sacrosanct precious parchment can be replaced with any other coloured paper?

5. SSC gives us a unique Identity. SSC does give people of Sikkim a unique status. Its Power has been immensely amplified and elucidated not only by 371F, but also by the recent Income Tax Act. Ours is a small place, always has been the abode of Gods, epitome of peace, tranquillity, brotherhood and prosperity. Our misfortune - that in one sense, we have lost everything. It is not impossible that in future the Pink cards will overtake SSC and will spread from Gangtok to Bhagalpur to Taplejung. So let us not dilute and consign this last vestige of our identity which we called Sikkim Subject Certificate, a Symbol of bygone Sikkim – a rock solid reminder that once we were a Nation – to oblivion.

6. Is Pink Card to Safe Guard people of Sikkim? Finally, a writer has hinted whether the card is for security reason. And does he mean security from influxes? (We have been facing an unprecedented influx. Are we now trying to cap it by the use of Pink Card?). But our constitution declares – “Though shall not close the Rangpo gate to anyone entering Sikkim!” Alas, 371F is also getting self-destructive while we bring in sometime utterly un-necessary rules, regulations and Acts in the name of earning money, and oblivious to damages that such acts are causing. Whereas every time Government of India fling a few drops of honey of money from its cup of coffer, the entire state gets inundated. After all, Sikkim with 5 lakhs people and 50% of which residing in Gangtok, is about 50 km by 50 km in area, remove forests, etc, then, it is comparable to district of Patna or Darjeeling. The latter having population of about 20 lakhs, is run by a single DC and has a budget of about 2-300 crores. And don’t forget Darjeeling (with influx) now was once what Sikkim is today !

Globalization, Industries, free market and so on are the essential modern mantra. But these should not be gobbled-up like hot potato, lest your mouth will get blistered. What we do today must have holistic perspective and ingredient of truth towards the coming generation to make them live in harmony and not with frustration. Else, we have done nothing good. So, if the writer is right, and if we are concerned about the extinction of people of Sikkim, and if we feel SSC is not working (unless it is given a new avatar), and if we are aware of the underlying problem, then this CARD ( perhaps a means to remedy the problem) is OK, but starting it by pinking the Sikkim Subject Certificate ? This cannot be a correct thing to do.

D. Subba, Gangtok
source; voice of sikkim