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Aims of SIBLAC

1. Amendment to the Constitution (Sikkim) Scheduled Tribes Order 1978 (C.O.111):

Amendment to the Constitution (Sikkim) Scheduled Tribes Order 1978 (C.O.111) to restore the original identity and definition of 'Sikkimese Bhutia' community in Sikkim on the basis and recommendation of the following:

The pernicious definition of the 'Sikkimese Bhutia' community must be rectified in the Constitution (Sikkim) Scheduled Tribes Order 1978 (C.O.111) on the basis of the following;

1. The Representation of Sikkim Subject Act 1974, a fallout of the historic May 8, 1973 Tripartite Agreement that paved way to the framing of Article 371F in the Indian Constitution; or
2. Chief Secretary T. S. Gyaltsen Committee Report of 1976 vide letter dated April 19, 1976 addressed to Shri O. K. Moorthy, Director General of Union Home Ministry (E/W); or
3. Chief Secretary K. A. Vardhan Committee Report submitted by Chief Secretary Shri K. A. Vardhan, IAS, to the then Union Home Minister of State Shri Rajesh Pilot and the then Union Home Secretary Shri Vohra and others on March 17, 1994 at the North Bloc Office, 1700hrs, New Delhi; or
4. The above mentioned order itself is re-drafted much on the line of the Constitution (Scheduled Tribe) Order, 1950 of the West Bengal State , which has provided for a clear and separate identity and entity to each communities falling in the list, unlike Sikkim's ST Order of 1978.

2. Amendment to the Representation of People (Amendment) Act, 1980:

Delete from Section 4 (2) of the Representation of People (Amendment) Act, 1980, the unrequired, misleading and misinterpreting expression called 'Explanation' in the said Act as the scope and meaning of the term 'Bhutia' is already explicitly and correctly defined in Para I (a-d) as above.

3. Proportionate Increase in BL Seats:

Proportionate increase in the total number of the Sikkimese Bhutia Lepcha BL Seats in the Sikkim Legislative Assembly under the circumstances, the total strength of the Sikkim Legislative Assembly is increased to any number or strength, in accordance to the historic May 8 Tripartite Agreement of 1973 and all other regulations and legislations governing the political structure of Sikkim as already upheld by Supreme Court of India (RC Poudyal vs the Union of India and others case).

For your notice and attention, we would like to recollect upon certain necessary points of historical-political evolution of Sikkim into a democratic feature, which becomes most crucial for analyses and perfect homework.

• The historic May 8th Tripartite Agreement is always clear about balanced and equitable participation of Sikkimese people wherein it is provided that no single section of the population acquires dominating position due mainly to its ethnic origin in the governance of Sikkim .
• Indian Government's assurance to the Sikkimese people on equitable political representation in the governance of Sikkim vide letter no. GAN/PS/102/6/73 dated May 8, 1973 through the Sikkim National Party as a pre-condition before the signing of the historic May 8 th Tripartite Agreement of 1973.
• Clause (f) and (k) of the all pervading Article 371F of the Indian Constitution.
• Supreme Court's direction (RC Poudyal vs Union of India) that "a mere arithmetic accuracy" cannot be taken as the sole foundation to devise political representation and in the absence of enough reserved reservation, the Bhutia Lepchas will succumb to the lack of effective voice in the governance of the State.

4. BL Seat Reservation in Sikkim Local Bodies:

Seat Reservation to the Sikkimese Bhutia Lepchas as BL–Seat in all the local bodies (Municipality and Panchayat) across Sikkim, much on the line of the Assembly Seat reservation under the ambit of Article 371F of the Indian Constitution is accorded.

Justification

It would be a total deviation from the preceding Sikkimese political history and its evolution if seat reservation is not provided as demanded above, and also as duly recognized by the sacred Indian Constitution through the all pervading Article 371F.

• To be clear, section 5 of the historic May 8, 1973 Tripartite Agreement, which forms the guiding ground and backbone of the succeeding Article 371F of the Indian Constitution says "... care being taken to ensure that no single section of the population acquires a dominating position due mainly to its ethnic origin ..."
• Another important deterrent to the said Article, the Government of Sikkim Act, 1974, in its section 7 (2) explicitly declares that "no single section of the population is allowed to acquire a dominating position in the affairs of Sikkim mainly by reasons of its ethnic origin."
• It must be put on record for future emphasizes that while upholding the seat reservation of 12 BL seats, Hon'ble Supreme Court judgment ordered that "... the reservation of seats for Bhutia Lepchas is necessary because they constitute a minority and in the absence of reservation they may not have any representation in the Legislative Assembly."
• Seat Reservation for the Bhutia Lepchas in the local bodies must be provided as BL Seats. Here, one must not forget the Hon'ble Supreme Court of India 's observation (R.C.Poudyal vs Union of India). As a matter of fact, any other clauses, acts, regulations and legislations including Article 243 D (6) of the Indian Constitution must be taken in terms of Article 371F with respect to the State of Sikkim, a non-obstante and over-riding provision in the Indian Constitution

5. Delimitation of BL Assembly Constituencies

Due to the present demographic composition of Sikkim as resulted by the unchecked influx followed by the anamolies as explained in Para 1 and 2 as above, we demand immediate delimitation of the Assembly Constituencies so that the Sikkimese Bhutia Lepchas have their 'genuine representation' in the Sikkim Legislative Assembly under the scope and ambit of Article 371F of the Indian Constitution.

Impact and Achievements

• Awareness among the Sikkimese people to understand about their legitimate socio-politico-economic rights and its significance as enshrined in Article 371F of the Indian Constitution.
• Drawing of the national attention as regards the Sikkimese Bhutia Lepcha's socio-politico-economic issues and the constant threats being faced by them.
• Successive Indian governments are being apprised of the Sikkimese Bhutia Lepcha's demands regularly.
• Indian National Congress recognized the issues of the Sikkimese Bhutia Lepcha, raised by the SIBLAC, vide its letter of support in 2004, signed by Shri Salman Khurshid, a very senior Congress leader.
• Provision has been accorded by the Information Ministry for the broadcasting of a daily news item in the Sikkimese Bhutia language through the All India Radio (Gangtok) after SIBLAC pursued the matter with and of the positive response of Hon'ble Information Minister Shri Priya Ranjan Das Munshi Ji.
• Union Home Ministry's constant concern as regard our demand for proportionate increase of the BL Seats in the event, the strength of the Sikkim Legislative Assembly is increased.
• National Scheduled Tribes Commission and National Minority Commission's recognition and prompt action in regard to SIBLAC's demands seeking amendments to the Sikkim Scheduled Tribe Order 1978 and the Representation of People (Amendment) Act 1980.
• Successful Satyagraha Dharna at New Delhi on September 27, 2003 by about four hundred SIBLAC supporters, including Monks and women, to pursue its demands, first ever to be so organized from Sikkim.
• Historic victory on the Khachoepalri Lake defilement case in the Supreme Court of India in 2007 (Acharya Tshering Lama and others vs State of Sikkim and others, 2007).

But the Struggle for Survival goes on ...

SIBLAC flag and its meaning

The Sikkim Bhutia Lepcha Apex Committee has its own official flag with saffron and golden colours diagonally intersected representing Lhade Mide with the Dharma Chakra at the centre.

The upper part has saffron colour representing Lhade, the spiritual assembly of the Bhutia Lepchas while the yellow, at the lower half symbolizes Mide, the assembly of the laity.

The golden coloured Dharma Chakra at the centre reminds one about the virtues act of all the sentient being that fulfills peace and prosperity to all in the six realms.