SIKKIM OBSERVER Saturday Aug 17-23,
2013
Assembly seats reserved for BLs, not STs: SIBLAC
BL seats based on 1973 pact:
Salman Khurshid
(Left) Bhutia-Lepcha leaders with Governor SD Patil at the Raj
Bhawan on Wednesday.
Gangtok, Aug 16: The Sikkim Bhutia-Lepcha Apex Committee (SIBLAC) has reacted strongly
against the ruling Sikkim Democratic Front’s bid to erase the distinct identity
given by the Constitution to the former kingdom’s indigenous Bhutia-Lepcha
community.
Refuting SDF spokesperson
Bhim Dahal’s allegation that seats cannot be reserved in the Sikkim Legislative
Assembly on the basis of “caste”, SIBLAC convenors Tseten Tashi Bhutia and
Chewang Rinzing Lepcha in a press statement said Dahal’s statement is not only condemnable but
also “unconstitutional and illegal”.
According to SIBLAC, the
press statement of August 5 had reference to SDF legislators meeting held at
Mintokgang, Chief Minister’s official residence, on August 4 in which Chief
Minister Pawan Chamling was present.
In its letter to BL and
Sangha MLA, SIBLAC said Dahal’s press release stated:
“there cannot be seat reservation in our
country in the name of any caste as per the Constitution of India and therefore
BL seats in the state today is by virtue of Bhutia Lepcha being Schedule Tribes
(ST) in the state, the detail upon which was discussed in the said meeting”.
BL legislators have been
given a week’s time to make their stand clear on the ruling party’s
observations on the seat issue.
“We look forward for your
response latest by a weeklong time failing which we shall be compelled to
initiate actions or remedial measures as may be deemed fit,” the letter to BL
MLA said.
It may be recalled that in
response to a query from the BJP MP, Balkrishna K. Shukla, on the Assembly seat
issue of the Limbus and Tamangs of the State, who were declared STs in 2002, former
Union Minister of Law Salman Khurshid (now External Affairs Minister) in the
Lok Sabha last year said the 12 seats reserved in the Assembly for the
Bhutia-Lepchas were as per the historic Tripartite Agreement of May 8 1973
between the Government of India, the Chogyal of Sikkim and leaders of political
parties of Sikkim.
Referring to Assembly seats
reserved for the Bhutia-Lepchas, Khurshid said, “…12 seats are reserved for
Bhutia-Lepcha not as Scheduled Tribe but as sequel to political agreement in
the year 1973 between Government of India, ex-Chogyal of Sikkim and Political
Parties of Sikkim.”
Meanwhile, representatives of several
Bhutia-Lepcha organizations such as SIBLAC, Dregoen Jingkyong Tsogchen (All
Sikkim Monasteries Association), Monks of Sikkim (MOS), National Sikkimese Bhutia
Organisation (NASBO), Bhutia Lepcha Protection Force (BLPF), Concerned Lepchas
of Sikkim (CLOS), Save Kabi Longtsok Committee (SKLC) and Affected Citizen of
Teesta (ACT) paid a courtesy call to the new Governor Shriniwas Dadasaheb Patil
here at the Raj Bhawan on Wednesday.
While welcoming the new
Governor members briefed him on numerous issues of the State.
SLP not satisfied with old settlers’ amendment
petition
Gangtok, Aug 16: The Sikkim Liberation Party (SLP) has expressed its dissatisfaction
over the amendment petition submitted before the Supreme Court recently by old
settlers of the State on the income tax issue.
SLP chief Duknath Nepal said
the petitioners had informed the apex court that they were forced to make
amendments in their petition in view of “non-cooperation” threat my the
majority Nepalese community.
“They have said in particular
that they have been threatened and if apologies is not tendered to the Nepalese
community and writ not withdrawn, then a State wide non-cooperation movement
would be initiated,” Nepal said in a press statement.
Nepal alleged that old
settlers of the State had no “loyalty” to Sikkim and were not present in the
former kingdom when the Sikkim Subject Certificates were issued by the Chogyal in
1961.
“Those who were not present
when Sikkim was Sikkim as a separate nation but are desperate to become
Sikkimese when Sikkim has become part of India, are traitors and
anti-nationals,” Nepal said.
RS panel for IT exemption for pre-1975 old settlers
Gangtok, Aug 16: While a section of the old settlers of Sikkim has approached the
Supreme Court on the income tax issue another section led by Prem Goyal has
taken the matter to the Rajya Sabha.
The Rajya Sabha Committee on
Petitions has responded favourably to Goyal’s demand that old settlers in the
State, who have been residing in the former kingdom for generations, be given
income tax payment exemption as in the case of Lepchas, Bhutias and Sikkimese
Nepalese.
In its recent report, the
Committee, headed by Bhagat Singh Koshyari, has recommended that Sikkim’s
pre-1975 old settlers be treated equally with “Sikkim subjects” in all
“socio-economic and political rights” in the “interest of justice, equality and
welfare of its citizens”.
The report said the decision
of ancestors of 400 families of Sikkim to retain their Indian citizenship when
Sikkim Subjects Certificates were issued in 1960s has now placed their
descendants in “disadvantage position”.
Referring to the Finance Act
of 2008, the report said the Act provided IT exemption to “Sikkim subjects”
while leaving out the old settlers.
The report noted that while
73, 431 individuals who were given Certificate of Identification and Indian
citizenship in 1989 have been exempted from the IT purview while the old
settlers in the State have been left out and were discriminated.
The report also revealed that
the State Government had objected to old settlers’ demand on the IT issue,
stating that it was “highly objectionable and unacceptable”. (also see edit on page 2)
Scrap GTA first, Gorkha League tells GJM
Joining JAC conditional:
Bharati Tamang
Darjeeling, Aug 16: Fissures appeared barely a day after GJM propped up an eight-party
platform for Gorkhaland stir as major constituent All-India Gorkha League
walked out demanding that its three conditions be met first, including the
scrapping of the Territorial Administration (GTA).
The AIGL had raised three
demands at the all party meeting yesterday at which the platform, Gorkhaland
Joint Action Committee was formed, AIGL president Bharti Tamang told a press
conference here on Saturday.
Bharati Tamang, who took over
the party following the murder of her husband and then president Madan Tamang
in Darjeeling town on May 21, 2010, said the demands were that the GJM should
quit the GTA, all GTA members should resign and there should be speedy justice
for Madan Tamang, PTI reported.
"If the GJM leadership
shows interest in meeting our demands, we will return to the GJAC," Bharati
Tamang said.
The decision was communicated
to Enos Das Pradhan, chief of GJAC, she said.
"The existence of GTA
and the Gorkhaland movement cannot go together," AIGL General Secretary
Pratap Khati said.
"Till GTA is there, we
cannot advance our movement to achieve Gorkhaland. GTA has to be
repealed," he said.
Following withdrawal of the
ABGL, the third largest party after GJM and CPRM (Communist Party of
Revolutionary Marxists), leaders of the other smaller parties said they would
also raise their own demands at the all-party meeting.
Meanwhile, GJM supreme Bimal
Gurung, in a Facebook post, claimed that historically Darjeeling was never a
part of Bengal, apparently to counter Chief Minister Mamata Banerjee's
assertion that West Bengal would not be divided.
"The creation of
Gorkhaland is not the partition of Bengal as historically Darjeeling was not a
part of Bengal and was leased by the British from the kingdom of Sikkim in
1835," Gurung said.
He said that Kalimpong, which
is in Darjeeling district and the Dooars in Jalpaiguri district, were annexed
in 1865 from Bhutan.
Editorial
INCOME TAX ISSUE
Live In Peace & Harmony
Despite lapses, wrong
thinking and deliberate provocations from certain quarters there is the need to
maintain sanity in Sikkim’s political and social circles. Old settlers of
Sikkim feel aggrieved that they have been discriminated and not given exemption
from payment of income tax by the Centre. Their grievance is that during the
Chogyal’s rule and even after the ‘merger’ in 1975 the three ethnic communities of Sikkim – Lepcha,
Bhutia and Nepalese – and the old settlers all came under the purview of income
tax laws of the State. Subsequently, while the Centre exempted bonafide
Sikkimese possessing genuine Sikkim Subject Certificate from payment of income
tax this facility was not extended to the 400 families of old settlers in Sikkim.
The old settlers were forced to approach the Supreme Court when the government
failed to achieve their desired objectives.
Much the same development
took place in 1994 when the income tax issue became a major concern for all
social organizations and political parties. In 1994 the withdrawal of income
tax exemption given to Sikkim’s minority Bhutia-Lepcha tribals led to the fall
of the Bhandari Government. The majority Nepalese, backed by the Bhandari
Government and its Lok Sabha MP, opposed IT exemption to the Bhutia-Lepcha
tribals if Sikkimese Nepalese were discriminated on the issue. During the
Chamling Government the Centre granted IT exemption to the Sikkimese Nepalese. The
present controversy over the IT issue should not lead to estranged relations
between various sections of the community in Sikkim. Patience, tolerance and
mutual concern and respect should prevail over the present situation.
Safeguards
for Sikkimese Bhutia-Lepchas threatened
By KARMA T. PEMPAHISHEY
Empty seats of Bhutia-Lepcha MLAs during a recent meeting of “Save Kabi Longtsok” at the historic site of Kabi-Lungtsok in North Sikkim.Add caption |
Apropos the Statesman (Siliguri 1 August 2013) in reference to “BLPF appeals to
people to pressurize MLAs” is a justifiable cause which was long time in coming
in consonance of the fact that even the ST - MLA reserved constituency the
Bhutia Lepcha ST consist only as a minority population of the electorate. Hence
the reserved ST seat does not really beckon the safeguard of the BL (ST) and
the seat normally prefers a candidate appealing to the entire population
notwithstanding the reservation stricture.
This might be a plausible case in
defense of the BL but under a Parliamentary system of democracy as existing in
India, there is no ground to challenge nor redress the system. Probably as a
result of this difficult situation Mr. Tseten Bhutia is intending to redress
the lacuna by pressurising the respective MLAs in BL (ST) constituency as an
alternative to the general mandate. Of course there are many means of arm
twisting to attract attention directed towards the BL cause. However, in all
sincere consideration this is not a final solution to safeguard the BL(ST) interests
- social, political, economical and other related issues.
Although the issue deserves sympathetic
attention as far as the legal and constitutional rights are concerned perceived
to be marginalised by the general interest of the majority population without
any quid pro quo by the latter. Therefore, the situation is without any
resolution and account of which it is understood the Sikkim BL apex convener is
chagrined to perceive any democratic largesse extended to the majority
community is considered debilitating to the BL sustenance. No doubt this
feature is also true but understandably a fractionalizing experience which the
safeguard of the BL is threatened marginally in reality.
So an overall reading of the situation
does not leave any concrete realisation to resolve the situation which the BL
rightly perceives as a constitutional infringement and therefore attracting
legal action and resorting to which might lead to a blind alley. Hence
approaching the problem with a direct action to pressurize the elected members
by social means at hand may or may not work at all considering the
lackadaisical mindset of BL considerations. Anyway a try is worth the deal but
frankly speaking it will not contain the situation. Rather at times it might be
adverse and counter productive. After all politics in play can resort to any
means to reach the end.
Other then the method contemplated i.e.
directly pressurizing the elected members by itself is a misnomer for social
harmony at any rate. The BL if truly is sincere in executing action towards
stabilizing the perceived marginalisation of the BL safeguards, the right plan
of action would be to treat the problem constitutionally down the line without impinging
on the democratic rights of the majority population. After all in a democratic
system, needless to mention every individual inspite of all claims have a right
to redress their perception for judicial interpretation and accord relief. In
the same light it can be argued the BL can also put up their grievances to the
proper authorities to review their anxiety under the present digression from
the marginalisation of their constitutional rights to the national forum.
However, before addressing it as such it is of utmost importance first to
understand the equation under which the BL seats are reserved vis-à-vis the
majority population. The basis of the grounds on which the reservations are
statutorily deemed requires to be identified to place it on the table with
firmness.
This strength can only be derived after
understanding the rationale on basis of which the BL assembly seats are
reserved. In order to understand this discriminately one has to allude to the
UNO observation of criteria’s in determining the difference between 1.
Indigenous people and 2. Tribes, which in fact are two sides of the same coin
however differentiated by the distinct marks on the overse and the
reverse. Symbolically the overse side is
pictured with the important insignee applicable to the origination of the coin.
Normally represented by the head of state or nation.
Similarly the difference in definition
(UNO) that the indigenous people are the autochthones group or communities
existing and inhabiting that part of the country (when encountered, and in
relation to the coming and settlement of the invaders, and still existing till
such period of time when the invaders having left). This definition excludes
the meaning of the indigenous people as distinct from other tribes existing within
the same area. This is to understand all scheduled tribes are by definition not
necessary the indigenous people who are endowed with inherent fundamental human
rights to demand self determination, internal or external whichever applicable.
This is the understanding of the UN Declaration of the Rights of Indigenous
People 2008 (UNDRIP). (The writer is author of Roadmap on the Trail to Gorkhaland)
Indian, Chinese troops exchange beer, rasgullas after
face-off in Sikkim
New Delhi, Aug 16: Indian and Chinese troops had a face-off in Sikkim earlier this week
which, however, ended in a friendly exchange of beer and rasgullas.
The face-off happened near
the Tangkar La pass at the height of over 16,000 feet in eastern Sikkim after a
Chinese patrol entered into territory claimed by India, sources told PTI here.
The Chinese patrol, which was
travelling in two light vehicles, was monitored by the Indian team comprising a
young lieutenant and nine jawans there, they said.
The Indian patrol intercepted
the Chinese patrol at the Tangkar La pass and after that, they showed banners
to each other asking to leave the area and go back into their respective
territories.
At the time of parting, the
Chinese troops presented cans of Budweiser beer to the Indian patrol while our
troops gifted them a pack of rosogollas, they said.