DISCRIMINATION IN SIKKIM

 DISCRIMINATION IN SIKKIM

An obscure, recently formed organization ,called Sikkim Solidarity Forum has submitted a memorandum to the Governor of Sikkim on 22^nd October 2013. They are complaining against the Association of Old Settlers who have gone to the Supreme Court with their grievances against discrimination and  want the Old Settlers to withdraw their petition.

The petition of the Old Settlers has been accepted by the Supreme Court and in a subsequent hearing the Honourable court has even observed pithily that nobody should pressurize the Association to withdraw its petition.

The State Government has also specifically supported the Association in the Supreme Court. (It  has also actually passed an Official Bill in the Assembly supporting the Association of Old Settlers.)

The remedy (if any ) for the FORUM and all like minded people now lies in the Supreme Court and not in either the Raj Bhawan  or the streets of Gangtok.

The new Governor of Sikkim, an experienced man has been a senior IAS Officer and a two term Parliamentarian to boot.

He is not likely to support a cause which is being heard by the Supreme Court and is supported by the State Government.

 Please see below the concise point wise contents of the ill thought out memorandum which makes the following representations.Our counter comments to each point are given in Capitals.

1.      That the merger of Sikkim was effected under article 371F which protects the old laws of Sikkim

ANSWER :     CORRECT.

2.   That the Indian residents of Sikkim were offered Sikkim citizenship by the Erstwhile King  without alienating their property and commercial interests in India but they refused this offer.

ANSWER : NOT CORRECT. IN FACT A BLATANT LIE. READ SIKKIM SUBJECT REGULATIONS WHICH ARE QUITE EXPLICIT ABOUT REQUIREMENTS FOR CITIZENSHIP.

 3.   The Memorandum attaches an FIR filed by the forum against a list of “Indians” and demands action against them. The list consists of people who have been assessed for tax for money transfer via gifts. These taxes have apparently been paid as per demand which the attached list itself shows!!  

 

ANSWER :  HOW HAS THIS LIST OF TAXPAYERS BEEN CONVERTED TO A LIST OF CRIMINALS?

        IN FACT THE LIST IS NOT COMPLETE AS POWERFUL PEOPLE WHO GAVE GIFTS ---IN CRORES TO ( Rajesh Khanna , Sridevi and a host of other film stars) ARE ABSENT. THIS MISSING  LIST IF ANY REQUIRES AN INQUIRY AS THESE PEOPLE PAID NO TAX ON THE GIFTS THEY MADE AND EVEN TODAY PRESUMABLY STRUT THE POLITICAL STAGE OF SIKKIM.

 

4.    The Memorandum next makes out a blatantly false and communal claim of blaming the Association of trying to take away benefits awarded by the Erstwhile King to the Bhutias ,Lepchas and Nepalese ??.

ANSWER : THE BUSINESS COMMUNITY WAS ALSO ALWAYS GIVEN THE SAME EXEMPTIONS AS EVERYBODY.THE KING MADE NO DISTINCTIONS BETWEEN COMMUNITIES AND IN FACT NO SUCCESSIVE GOVERNMENT ALSO EVER MADE ANY DISCRIMINATION (UNTIL THE CENTRAL GOVT. WAS MISLED INTO INSERTING THE DISCRIMINATORY CLAUSE IN THE FINANCE BILL 2008.)

5.  The Memorandum then goes on to make the fantastic claim that the association has questioned the participation of Sikkimese of Nepali Origin in the Popular mandate of 1975 otherwise known as the” SIKKIM REFRUNDRUM.” (For Sikkim to merge with India). Please see below the number of people who voted to merge with India.

Sikkim REFRUNDRUM Results as per Wikepedia.

Choice	Votes	%
For	59,637	97.55
Against	1,496	2.45
Invalid/blank votes		–
Total	61,133	100
Registered voters/turnout	97,000	63
Source: Direct Democracy

ANSWER :  SO SOME 60 THOUSAND PEOPLE VOTED FOR THE REFERENDUM AND THEY DID NOT INCLUDE EITHER THE INDIANS OR THE 74000 OTHERS WHO WERE CONVERTED FROM STATELESS TO INDIAN CITIZENS IN 1989 OR THEREABOUTS.

The memorandum then ends with a fantastic appeal to H.E. The Governor to 

1. Interfere on their behalf with the supreme court??!!
2. To take action against the list of tax payers.!!
3. To work on their behalf to influence the Central Government to take up their cause in the Supreme Court.

 ANSWER :  IT IS AMAZING THAT REPRESENTATIVES OF AN 75% MAJORITY OF THE STATE ARE ASKING THE GOVERNOR TO TAKE UP THEIR CASE AGAINST A 2% MINORITY.

TO ADD INSULT TO INJURY THEY TRY TO TAKE SUPPORT FROM CLAUSE (G) OF ARTICLE 371F OF THE CONSTITUTION. (QUOTED BELOW)

“(g) the governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim and in the discharge of his special responsibility under this clause, the governor of Sikkim shall, subject to such directions as the president may, from time to time, deem fit to issue, act in his discretion;”

THIS CLAUSE IS OBVIOUSLY SOLELY TO PROTECT THE MINORITIES FROM DISCRIMINATION AND CERTAINLY NOT FOR MAJORITY PROTECTION. IT IS A VERY POWERFUL CLAUSE ALLOWING THE GOVERNOR POWERS WHICH NO OTHER GOVERNOR IN INDIA HAS ----BUT ONLY TO BE USED TO PROTECT THE MINORITIES.

EPILOGUE

ALL THIS ASTONISHINGLY FROM REPRESENTATIVES OF A COMMUNITY WHICH IS FACING EXACTLY THIS SAME KINDS OF DISCRIMINATION ALL OVER THE NORTH EAST FROM THE MAJORITY COMMUNITY THERE AND WHO ARE  TRYING TO CHASE THEM OUT --A LA BHUTAN.