Tibetans in India entitled for Indian citizenship: Delhi High Court

Himalayan Guardian Jan 26, 2011

Dharamsala, Jan 25: After a legal battle of two and half years, Namgyal Dolkar Lhagyari became a Tibetan-Indian after a Delhi High Court ruling on 22 December 2010. She was given Indian citizenship according to India’s Citizenship Act of 1986.

Namgyal Dolkar is the oldest of four siblings who are descendants of Tibet’s 33rd King Songtsen Gampo, who reigned over Tibet and a greater part of Asia in the 7th century.

She lodged a case against the Regional Passport Office in Delhi after her application for a passport was rejected, Tibet Sun reported.

“The passport office told me that the Ministry of External Affairs (MEA) had ordered them to refuse a passport,” Namgyal said. The case was then directed against MEA.

The court then ruled that Namgyal Dolkar was entitled to Indian Citizenship according to the Citizenship (Amendment) Act 1986. This act entitles any person born in India, on or after 26 January 1950 but prior to the commencement of the 1986 Act on 1 July 1987, to citizenship of India by birth, the report said.

Namgyal Dolkar Lhagyari was born on 13 April 1986. She said that the court ordered MEA to pay a compensation of 5,000 rupees and ordered the passport office to issue her a passport within two months.

The Regional Passport Office in Delhi had rejected Namgyal’s application, saying that her parents were Tibetans.

Namgyal is one of over 94,000 exile Tibetans in India. There are 127,935 Tibetans living in exile, according to a 2009 population census report of the Tibetan government-in-exile. From the total, most of the Tibetans numbered 94,203 are living in India. As many as 13,514 are living in Nepal, 1,298 in Bhutan and 18,920 are scattered around the world, mainly in North America and Europe.

   Namgyal’s younger brother, Namgyal Wangchuk Trichen Lhagyari, was enthroned as the direct descendant of the first dharma king Songtsen Gampo at a coronation ceremony presided over by the Dalai Lama in June 2004.

Namgyal has a BA English Honours degree and is currently pursuing MA English in Dehra Dun.

Replying to questions by email about being a Tibetan-Indian, she said, “Yes, I believe now I am a Tibetan-Indian if that’s the term which would define it, but I was born from Tibetan parents who had struggled for their nation and continued with their duties. My father did that till his demise.

“As for my Amala (mother) she has always reminded all of us of our duties as Tibetans. I therefore doubt if I would ever cease to be an accountable nationality — instead I feel even more strongly for my nation, and feel confident that I can now do something constructive for my people.

I sincerely believe that everyone should realize their rights and utilize them responsibly for everyone. I am undoubtedly a Tibetan at heart though may be called an Indian.”

Meanwhile, the exiled Tibetan government has welcomed the court’s verdict and termed the order as a “landmark” judgment.

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SPORT I will retire from East Bengal, says Bhutia

Kolkata, Jan 28: India captain Bhaichung Bhutia on Monday quashed talk of any imminent retirement and said he would return next season after taking a three-month break and if he decides to quit, he would do it from East Bengal.

Talking to reporters at East Bengal club, the Sikkimese sniper said he came to be known as a footballer from East Bengal, so he would like to call it quits donning the red-and-gold jersey.

"I was born in Sikkim, but I started my football life here in East Bengal. I got to be known as a footballer from East Bengal. It's my mother club. East Bengal gave me a footballing life. That's the reality and that is never going to change.

"I've got all my trophies for East Bengal be it Durand Cup, Federation Cup or whatever. I'm so proud and honoured to be a part of them," he said in an emotional tone.

"It's true I played for different clubs, but those were a few challenges that I took. I will definitely retire from East Bengal, even as I have my own club United Sikim. I started from here and I want to end here," the 34-year-old said.

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EDITORIAL ‘REPUBLIC’ IN TURMOIL Groping In Darkness

SIKKIM OBSERVER  Jan 29, 2011

Nepal’s Constituent Assembly was to frame a new Constitution for the country by May 2010. Framing of the new Constitution for the former Hindu Kingdom was the top priority of the Nepalese Parliament. Unfortunately, seven months have elapsed and there is still no visible sign that this objective would be achieved at a given time-frame. The three main parties – the Maoists, UML and Nepali Congress – are totally responsible for this sad state of affairs.

The recent withdrawal of Nepali Congress candidate, Ram Chandra Poudel, from the country’s prime ministerial election is a welcome move but in the first place he should not have been allowed to take part in the seven-month-long futile exercise that witnessed the unprecedented failure of the Parliament to elect the prime minister for the 16^th time. Even now there is no guarantee that a new man would be elected to head the government next week.

Nepalese leadership may agree on a ‘consensus government’ but the ground reality is that it is not too clear about who should lead it. The Maoists have the largest number of MPs in the Parliament and logically they should be allowed to head the government. It is for the Maoists to choose its own man for the top job. Nepalese leaders must realize that it would be very difficult to secure two-thirds majority for adoption of the new Constitution, particularly when small parties are playing a dominant role in shaping Nepal’s future. A practical approach needs to be made in the present political imbroglio to ensure that Nepal swiftly embraces the democratic process, which, hopefully, will lead to speedy economic development.

High-security number plates back on agenda

SIKKIM OBSERVER  Jan 29, 2011

New Delhi, Jan 28: The plan to introduce high-security registration plates for cars and two-wheelers has been resuscitated. After a firm directive from the Home Ministry, the ministry of Road Transport and Highways has decided to write to all state governments to renew efforts to introduce the system to curb auto thefts and misuse of vehicles by terrorist outfits.

A decade after the plan was conceived to check illegal car sales and thefts, only Sikkim, Goa, Meghalaya have introduced the system. The Supreme Court had also set several deadlines for introduction of the system, the last being September 8, 2009. However, most states have refused to comply.

According to sources, the biggest problem is the prohibitively high price of the plates. While a set of two of common number plates for cars can come anywhere between 300 to 500, the high-security registration plates are costlier at 800-1100 for a two-wheeler, 1,000 for a three-wheeler and 1,200 and above for a four-wheeler.

There are around 16 companies in the country who designed these number plates.  At present in Meghalaya, it costs around Rs. 1600/- for the four wheelers and Rs. 550/- for 2 wheelers.  In case of West Bengal, it costs around Rs. 480/- for the four wheelers and Rs. 290/- for 2 wheelers.  The transport commission is planning implement the usage of these number plates in India for lowest prices and the tenders are been invited from the companies in the manufacturing of these high security number plates

The high-security registration plates have a non-replicable chromium hologram, laser numbering by registered agencies and embossed numbers. The rear registration plate is fitted with a non-reusable snap lock so that if it is forcibly removed the lock breaks and it would clearly show that the car was stolen and its number plate tampered with. A chromium-based third registration plate is stuck to the windshield. If this is tampered with it self destructs.

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 “Mahaloot” in high security registration plates: SPCC

Gangtok, Jan 28: The Sikkim Pradesh Congress Committee had earlier lodged a complaint to the Supreme Court regarding alleged “commission” derived from those responsible for making the high-security registration plates for the State.

The document, a magazine of the party entitled “Sikkim Mahaloot”, states that Chief Minister Pawan Chamling’s son, Bijoy Chamling, was awarded the “contract” to install the high security number plates.

“The sole objective of the govt. decision to implement this project is to earn or derive handsome commission from the contract of this scheme as the cost of each Number Plate is highly inflated than the market rate,” the magazine said. It added that the deal “smacks of scam of high magnitude.”

The SPCC has now taken up the matter with the CBI along with other alleged corrupt practices of the Chief Minister and his past and present Cabinet colleagues.

After a Delhi court took up the matter last year the State Government stopped installation of the number plates. However, this has again been revived and the cost of these number plates has remained almost the same.

The cost for fitting a HSRP for two wheelers is Rs.820.73 and for four wheelers it comes around Rs.2047/- inclusive of basic rate for the HSRP, VAT @ 12.5%, Env. Cess @1%, fixing charges which is Rs.100.

Governor’s sanction not required to prosecute chief minister

Sonam Wangdi

Gangtok, Jan 28: The Karnataka Governor, Hansraj Bhardwaj, former Union Law Minister, on Friday night, January 21,   accorded sanction to prosecute Chief Minister B S Yeddyurappa over “allegations of de-notification of land acquired by the government, apart from other charges.”

 The Governor took the action on the request of two Bangalore-based advocates, Sirajin  Basha and K N Balaraj,  who had pleaded that the Chief Minister had “favoured his close kin  with prime land in and around Bangalore.”

The Bharatiya Janata Party, however, told The Hindu: “There is no question of the Chief Minister quitting. We will take the battle against the Governor to the streets. An all-out effort was made to convince the Governor that there is no prima facie case and that several agencies are already investigating the matter and that prosecution is not warranted. Now that the Governor has announced his decision, we will fight it legally and politically.” 

      The Law and Home Ministers, Verappa Moily and P. Chidambaram respectively, have defended the action of the Governor. Moily told reporters in Mumbai on  January 22 that “no one is above the law” and that “chief ministers do not enjoy immunity  from the law”. He also said that “Corruption is on record; nepotism is on record.” The Law Minister, further, averred that the Governor was well within his authority to sanction the prosecution of the Chief Minister. 

         Under the Constitution of India and the laws, the Governor is competent to sanction prosecution of any State government minister, including the chief minister, if he is satisfied on going through a comprehensive report after a thorough investigation on corruption and abuse of his power, submitted by a competent investigating  authority that action against the minister is required according to law and in the interest of the State and the nation.

        From the media reports, compared to the alleged corruption of some of the Chief Ministers, the “corruption” of Yeddyurappa pales into insignificance. In Karnataka, the people are vocal and the media is also alert. But elsewhere, the people are docile and the media also does not cover the wrong-doing of the politicians, who are allegedly accustomed to committing unbecoming acts in secrecy.

        The action of the Governor has been influenced by a series of corruption cases at the highest echelons of the government during the last year. In the media, there was extensive coverage on the “scandals” which led a writer to pen his thought in an article, “Perils of becoming a republic of scandals.”

The Hindu, Kolkata, 1 January, 2010 notes:  “In a gesture to the growing public disenchantment over scams and corruption in public life, Prime Minister Manmohan Singh’s New Year resolutions for  2011 include ‘cleansing’ the country’s governing processes.”

The Prime Minister acts in consultation with Sonia Gandhi who also declared: “We will take corruption head-on and demonstrate it through our actions”. [The statesman, Siliguri, 21 December, 2010]

In K Veeraswamy vs. Union of India, 1991, the Supreme Court has laid down that public servants, as defined by Section 21 IPC, would include Judges of the High Courts and the Supreme Court. Similarly, in Karunanidnhi vs UOI, 1979, the Apex Court held that   public servants would include any Minister, including the chief minister of a State government.

 Moreover, the apex court in Habibulla Khan vs State of Orissa, 1993 was of the view that under sections 2(c) (viii) and 19 of the Prevention of Corruption Act, 1988, a member of the Legislative Assembly would be included in the definition of public servant but even so no sanction would be needed for his prosecution under the Act.

       As I had written elsewhere, the year 2011 starts and ends with a Saturday – the day dedicated to Lord Saturn, who is regarded as the Lord Chief Justice of the universe.  He will not spare any public servant who betrays the trust of the people and indulge in corruption.  Lord Saturn, however, will come to the rescue of the innocent beings who have been subjected to injustice.(The writer is former Chief Secretary of Sikkim)

UNDER PRESSURE Chamling Raises Gorkhaland Issue

SIKKIM OBSERVER  Jan 22, 2011

EDITORIAL

Chief Minister Pawan Chamling’s support for statehood demand by Gorkhas in neighbouring Darjeeling comes at a time when he himself is faced with a pressing political situation in the State. Sikkim Opposition’s tirade against Chamling for doing away with the special status that bonafide Sikkimese, who were earlier known as ‘Sikkim Subjects’, enjoyed under the Constitution (Art 371F) by deciding to issue ‘Pink Idenity Card’ to  bonafide Sikkimese and Residential Certificate to others who were settled in Sikkim before April 26, 1975,when Sikkim was merged with India, comes at a time when the Chief Minister is faced with a multi-crore corruption charges leveled by the Congress leadership in Sikkim.

Nepali/Gorkha leaders in India never fail to play the Nepali/Gorkhali card when they are in trouble. Perhaps Chamling is trying to do the same when he raised the statehood issue for Gorkhas in India in the Assembly this week. If the going gets tough Chamling may even pass a resolution on Gorkhaland in the Sikkim Assembly. He is capable of doing this and much more. Unfortunately for Chamling, it is not just a bunch of ‘frustrated’ politicians who are tired of the growing corruption and mis-governance in the State; the people are fed up and want change.

No one is going to believe that the proposed Patra Commission will nail the corrupt in the State. The State unit of the BJP, which has demanded CBI probe into corruption charges against Chamling, has rightly pointed out that the objective of the Commission is to shield the corrupt and not to expose them. Which government would form a commission of enquiry to probe into its misdeeds? The anti-Chamling campaign, which focuses on rampant corruption, restoration of freedom, democracy and rule of law in Sikkim, is gaining momentum even as the Opposition is united under the banner of ‘Sikkim Subject Bachao Committee.’

SIKKIM OBSERVER  Jan 8, 2011

 EDITORIAL

CREATIVE TOURISM

The Mystic Adventurer

Lachen Valley in North Sikkim occupies a significant portion of Sikkim’s territory. Not only does its northern and western borders touch Tibet (China) and Nepal, Lachen Valley, yet unexplored and undefiled by visitors, is perhaps the most enchanting region which could be carefully nurtured for growth of tourism industry. Besides its scenic beauty it is also a sacred place where Guru Rinpoche (Lord Padmasambhava) in the 8^th century once trod and blessed the land.

His Holiness Sakya Trizin, Head of Sakya tradition of Tibetan Buddhism, and Jamyang Khyentse Rinpoche, a Sakya Lama who is held in high esteem by all traditions of Tibetan Buddhism, chose the Lachen route to flee Tibet after the Chinese occupation of that country. In the early 20^th century a French lady, Alexandra David-Neel, spent around two years in a cave in Dewthang in Lachen to seek the blessing and guidance of Lachen Gomchen Rinpoche in matters spiritual.

It is indeed heartening to know that some film makers from India and France are presently engaged in making a film on David-Neel. Efforts were made by a France-based trust of David-Neel to revive the French lady’s connection with Sikkim but so far it has largely gone unnoticed. The authorities in Sikkim seem to be engrossed only in big, multi-crore projects such as construction of huge statues of religious figures to attract tourists. Both the local people and the authorities need to apply their mind and do some real re-thinking and be more creative in making Sikkim truly a tourist-friendly destination. Preservation and promotion of Sikkim’s natural and cultural history demands deft handling if we are to promote the region as a Buddhist circuit in the tourism sector.

TASHI NAMGYAL ACADEMY - I Sikkim’s First ‘Public School’: Birth Of An Idea

SIKKIM OBSERVER Jan 8, 2011

Former Principal of Tashi Namgyal Academy (TNA), the Late V N Langer, wrote the following article in the school’s first annual magazine (1969-70). The article seeks to highlight why and how TNA came into being in the 1960s.

April 1956 – October 1965

Ten years seems a long period to wait for the realization of an idea—but when we look back, after its achievement, many years after the gap seems much shorter. The decision to start a public school in Sikkim or, an institution more or less on the same lines, was taken by the durbar in 1956. The idea, however, could take concrete shape only in the year 1966.

In between so much work was to be done. Not only we needed more buildings, more equipment and new play grounds to accommodate those students who could not be fitted into the public school, we needed a new well-equipped and well-staffed Higher Secondary School as well.

Plans were drawn first of additional buildings for the public school and work was started on some of these in 1957. A new annexe to the old school buildings was declared open on April 14, 1959 and by October 1961 we had a big auditorium as well. Plans were now made to build a new hostel but there was a slight set-back during the period of anxiety following the 1962 Chinese aggression in India. When the situation eased a little building work was pushed on again with vigour.

Our new hostel was ready for occupation by May 1964 and soon after work was started in the development area on buildings for the new Higher Secondary School. After the main School building, the hostel and some staff quarters were ready in October 1965, we were asked to go ahead with the idea of reorganizing Tashi Namgyal Academy on public school lines. It was decided also that the new public school should, at the beginning, have seven classes only, starting from K.G. and going up to VI as the highest class every year till we came to class XI which should mark the final School Certificate stage.

This policy, it was hoped, would enable us to build up an institution in which even though the medium of instruction and the first language would be English, it would still remain Sikkimese in its tradition and culture.

October 1965—December 1969

There was an interval of two and half months only between the close of the last session of Tashi Namgyal Academy as a Higher Secondary School and start of the first session of the new Public School which, in any case, would have been the two busiest sessions of the institutions even if there had been no change. The prospectus, however, had already been prepared in anticipation, but we had still to get teachers to replace those who were going to be transferred to the New Higher Secondary School—and it was not possible to know how many, till we knew the number of students we were going to have in the first year.

For our syllabuses for various classes we had decided to follow the outline approved for Anglo-Indian Schools but we had to select and order our books. A school uniform had also to be designed and approved and official drapers were to be appointed. New tasks and new problems kept on cropping up as we grappled with the old.

The prospectus was published in November 1965 and admissions to the various classes of the public school were declared open simultaneously. Posts of teachers were advertised in “Papers” and tenders for uniforms were invited from local dealers. Only one tender was received and so prices of various items of uniforms were fixed through negotiations. The dealer was asked also to send samples of ties, socks and stockings to the Principal while he was out on tour during January interviewing suitable candidates for teachers’ posts at the two to three selected places in India.

On return, in February, the Principal found only forty students had applied for admission. A more anxious situation developed when, just before the start of the new session, out of the four new members of the staff who had been appointed two backed out. One of those was the Matron.

The older Staff of the Higher Secondary days, who had been retained, now gallantly rose to meet the situation. Hurriedly a new teaching routine was drawn out and responsibilities were redistributed among them. The Principal’s wife took over the responsibility of organizing the hostel and its routine so that it might be ready to receive the boarders when they came a day before the start of the session.

Suddenly there was a rush of applications for admission. In spite of many rejections of over-age students, one section of our K.G. class was soon full and we had to start one more to accommodate others. Admissions to Classes I, II and III also were reasonable but rather disappointing in IV, V & VI. Few of those students who had come from Hindi and Nepali medium schools could qualify for admission to these classes and those parents, whose sons and daughters were already studying in the so called ‘English’  schools, naturally preferred to wait till they could get an idea of the standard of the Institution. In-

spite of this we had one hundred and thirty students on roll—more than we had expected in the first year— and more than could be managed by the available staff.

As the days passed the staffing problem, though not quiet solved became less acute. A new Matron took over charge of the hostel leaving Mrs. Langer free to devote herself to teaching work. Two more teachers were appointed, one for the additional section of K.G. class and the other to teach English to senior Classes. A programme of weekly and terminal tests was drawn out and monthly and terminal reports also made their appearance.

To avoid corporal punishment except for very serious offences, a system of yellow and red report cards was introduced so that when verbal warnings proved ineffective the parents’ cooperation could be sought to put the students back on the right track. At the same time, as incentives to better effort, white and gold merit cards were awarded to students with general proficiency all round. Slowly the confidence of the public grew and on our Annual Day even many of those who had been very critical at first came spontaneously forward to congratulate us on the performance of our students. The Public School had come to stay. ( to be concluded)