Sikkim University unable to start campus in Yangang

SIKKIM OBSERVER  Feb 7, 2011

Observer News Service                                                                                    

                                               New Delhi, Feb. 6: Sikkim University has not been able to start setting up its permanent campus in the State because of delay in transfer of land.

Begun with the goal of making it an education hub for the whole of Southeast Asia, the varsity has been functioning from 15 rented buildings in Gangtok since July 2007.

All its plans of having a world-class campus with a central school, advanced research facilities, a library and hospital facilities for staff and students have been hanging fire because 300 acres have yet to be handed over by the state government.

In 2007, a human resource development ministry committee had selected a site near Yangang in South Sikkim, for the campus. Under provisions of the Sikkim University Act, the land has to be provided free to the varsity by the hosting state.

However, in August that year, the Sikkim government requested the university to cough up Rs 15 crore as it would have to spend Rs 30 crore to acquire the plot from some 86 landowners. The varsity forwarded the request to the HRD ministry.

In April 2009, the ministry paid the university Rs 15 crore in two instalments to facilitate the land acquisition process. The money was then forwarded to the state government, which compensated the landowners but did not serve them notices to vacate the land.

Between April and June 2010, the varsity received four letters from the state asking it to take over the land. But whenever its team went to formalise the takeover, it found that none of the landowners had vacated their plots.

Sources said the varsity authorities had decided to take over the land only when there were “no encumbrances in the process”.

Irked by the unending delay, the varsity’s executive council sought the ministry’s intervention in November 2010 and also urged it to consider relocating the campus if the handover does not happen by March this year.

“The House (executive council) resolved that the matter be taken up by the ministry of HRD immediately with the government of Sikkim,” the November 3 resolution said.

“The ministry is also requested to consider other options, including relocation of the university, if the land is not handed over to the university during the current financial year (2010-11).”

According to the sources, the state government had not thought it necessary to serve formal notices on the compensated landowners. It had expected them to leave by default and the university to handle those who did not.

In one case the authorities in Sikkim were informed of the illegal manner in which land (about nearly 100 acres) was acquired from an influential family in Yangang for the university. The affected parties are likely to approach the court on this matter if the concerned authorities try to take away the land belonging to minority Bhutia-Lepcha tribal land forcefully.

Other reports said the state proposed to hand over the land only after roads were built, which would mean another four-five years.

Sikkim’s solidarity rally for Karmapa

Gangtok, Feb 6: Buddhists in the State held a massive rally in the capital  yesterday to display their solidarity with  Ugyen Thinley Dorje, the 17^th Karmapa, who is presently being hounded by the authorities on numerous chatges ranging from tax evasion to being a Chinese ‘spy’.

The rally, organized by the Joint Action Committee (JAC), Karmapa Reception Committee (KRC), and All Sikkim Buddhist Organisation, displayed national tri-colour and Buddhist flags.

Those who spoke at the meeting held here at Guards’ Ground condemned the allegations leveled against the Karmapa and demanded a thorough probe by the authorities.

They also demanded that the Karmapa be allowed to visit Rumtek monastery, the seat-in-exile of the previous Karmapa. The meeting threatened to embark on a long march’ to Delhi on the Karmapa issue.

‘China behind Karmapa raids’

Siliguri, Feb 6: Buddhist monks and officials in Siliguri claimed the raids against 17th Karmapa Lama followed by Chinese propaganda.

Sonam Lhundup Lama, Convener of the core group for the Tibetan Cause for the Northeast Region of India, believes that the raids were part of Chinese strategy to attack the Dalai Lama and other Tibetan leaders' popularity in India., ANI reported.

"We feel that China always does such propaganda. They know that in India there are a number of people following Buddhism, and they want to treat them poorly and play propaganda. So there is no doubt of them having a role in this. China can do anything. They have power and money. The indication is very clear that China wants the followers of the Dalai Lama to vanish, and the population of Tibet will not be able to voice their problems," he said.

Commenting on the 1.1 million Yuan recovered from the monastery, Jampa Tenzing, a Buddhist Monk of the Sed-Gyed Monastery in Salugara, said that the Karmapa has a lot of followers from China and hence gets donations in the currency, the report said.

"If the students give them the money then the secretary of Karmapa cannot refuse, he said.

"But we believe that the Karmapa is innocent and there is no doubt about it. He is our leader and we worship and respect him," Tenzing added.

The Karmapa Lama is being questioned by the Enforcement Directorate officials, and continues to remain under the scanner for his alleged Chinese links.

Police have so far arrested several people in connection with the seizure and raided several places in Himachal Pradesh and New Delhi.

Karmapa's office had also maintained that Karmapa had nothing to do with currency and money was received by way of offerings and donations from disciples coming from different parts of the world, including China and Tibet.

Buddhists in the entire Himalayan belt are deeply hurt by wild accusations against Karmapa

Jamyang Dorjee

This article has reference to the Times of India’s newsitem, dated, January 30, 2011, entitled ‘Karmapa may be Chinese agent’.

We are deeply hurt not only because of the raids conducted in the premises of  the Karmapa (Ugyen Thinley Dorje) but more by the media trying to build an imaginative story, blowing up things  beyond proportion, and  throwing malicious accusations to the person of Karmapa as a Chinese spy.

The Karmapa is not only the spiritual Guru of the 6 million Tibetans in Tibet but also of  one crore Indian Himalayan Buddhist of Tibetan origin. We live in Sikkim and are as much Indian as the reporters in Delhi, who have no clue of spiritual relationship between us and our gurus, who transcend international borders.

The Karmapa, the Government of India is aware, receives constant flow of disciples from every country, including Tibetans from Tibet, and offer money in various currencies. That does not make him an international spy or for that matter a Chinese spy. Yes, the staffs were not sophisticated enough in putting up a foreign exchange counter to enable every visitor change their money into Indian currency before every audience.

For the Tibetans, India is what Mecca and Medina is for Muslims, and their faith in their gurus and their religion is strong as ever. Indian intellectuals are aware that during the 60 years in exile, all China’s money and power could not win the hearts of a single Tibetan to hurt India.

The report says, “Chinese have of late been using religious arguments to buttress their claim over Tawang” and tries to forcefully link, by quoting some unnamed intelligence sources, this with the Karmapa.

The media is doing exactly what the Chinese like their ‘friendly’ Indians to do for them.

Indian reporters should also be aware of  the sentiments of  Indian Buddhists and Tibetans, who have sacrificed their precious life in Kargil and Bangadesh for the security of their adopted nation. (The writer is a former senior civil servant of Sikkim Government.)

SIKKIM’S IDENTITY CRISIS – II

Sikkim Subject Register Cannot Be Amended Now

SONAM WANGDI

In this article former Chief Secretary of Sikkim, Sonam Wangdi, alumnus of London School of Economic (LSE), says governments of Sikkim and India erred in granting citizenship to around 73,000 ‘left out’ or ‘stateless’ persons residing in Sikkim in 1990-1991. Wangdi also goes on to say that all non-Sikkimese residents in the State are not eligible for Residential Certificate.

 “Non-Sikkimese employees in Sikkim, 1980”:

           On 26 March, 1980, in response to the question of a member of the Sikkim Legislative Assembly,  the Minister-in-charge  furnished  the House 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’s recent order on Residential Certificate 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 7^th 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 16^th 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.

Sikkim Subject Register cannot be amended:

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 Government; nor is there any law for any “Cut off” year as was done in Assam or Arunachal Pradesh.

Definition of a ‘resident’:

        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].

Therefore, any person 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  persons who have a permanent home in Sikkim  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 should be a body of eminent Sikkimese to screen the names.The procedure may take time but it will be worth the effort. The grant of Residential Card without complying with the provision of law may create problem in this sensitive border State. (concluded)