Chronicle 2007
Supreme Court Rules in Favour of Maintaining the Sanctity of Khachoepalri Lake
The Sikkim Bhutia Lepcha Apex Committee (SIBLAC) has expressed its heartiest compliments to the people of Sikkim on the "historic" win in the final verdict of the sacred Khachoepalri Lake case.
Terming it as a verdict in favour of the "Truth, Dharma and Sangha of Sikkim, SIBLAC, in a press release, has extended its "highest gratitude to all who have been instrumental in giving the case its successful end."
On September 24, the final verdict in regard to the Acharya Tshering Lama and others Vs State of Sikkim case vide WP (C) No. 477 of 2004 in regard to the defilement of the sacred Khachoepalri Lake has been delivered by the Supreme Court.
The Supreme Court, in its final order on September 24 said that "the State authorities shall uphold and enforce all applicable laws at all times in future and thus effectively maintain the sanctity of the holy lake by taking all appropriate legal steps to effectively prevent the Respondent No 5 or persons claiming under him or other persons from within and outside the State from desecrating or defiling the sanctity of the holy lake or by any activity likely to pollute or defile the sanctity of the lake, from violating the Order of the Apex court as well as the applicable laws in force thereby adhering to the mandate of Art-261 of the Constitution.
The Apex Court's order falls clearly within the ambit of Art 256 of the Constitution in as much as the State authorities are bound to enforce in letter and spirit the provisions of the Places of Worship (Special Provision) Act, 1991 notified by the Government of Sikkim in Extra Ordinary Gazette Notification No 59/Home/98 dated October 1998 which stood violated by the State and the Respondent No 5 in 2004 giving rise to the cause of action and initiation of the Writ proceedings in the Supreme Court.
The Apex Committee has also thanked each and every member of the Bhutia-Lepcha community as well as the well wishers from the Sikkimese Nepalese fraternity, whose contribution in this historic case is immeasurable.
The State government, through its affidavit has assured the Supreme Court that "all steps are being taken for maintenance of law and order" and therefore, the Apex court expressed the view that the State government shall continue to maintain the law and order in future.
According to a press release, two SIBLAC convenors, Tseten Tashi Bhutia and Kunga Nima Lepcha along with Acharya Tshering Lama, Sangha MLA, the three petitioners in the said case, had written to the Sikkim Government to respect, uphold and implement the final verdict of the Supreme Court, in letter and spirit.
Lake Khachoepalri or the wish fulfilling Lake which lies buried in a deep forest in West Sikkim, 28 km from Pelling is also called Tso-shug Tso or Khachoepalri Pemachen Tso.
Sikkim Protest over Quota
The Sikkim Bhutia Lepcha Apex Committee (SIBLAC) has asked members of the two communities to contest the coming panchayat polls "under protest" as the Sikkim government has failed to provide seat reservation in the polls.
"I appeal to members of the Bhutia-Lepcha community to contest the elections under protest", said Tseten Tashi Bhutia, the SIBLAC convener at a news meet yesterday.
The members of the umbrella organisation feel that though various communities are getting reservation in the coming panchayat polls, the Bhutias and Lepchas will not be given the opportunity. The panchayat polls are slated for October 26.
Twelve seats in the Sikkim Assembly are reserved for Bhutias and Lepchas on ethnic grounds. They are troubled because in the panchayat polls, the Bhutias and Lepchas have been tagged with the Scheduled Tribes leaving them less scope to contest.
SIBLAC seeks BL Seats in the Panchayat Polls
Monk body wants immediate withdrawal of monastic estates from the proposed Municipality, calls for protection of Dharma
The Sikkim Bhutia Lepcha Apex Committee (SIBLAC) has reiterated its demand for reservation of Bhutia-Lepchas of Sikkimese origin in the ensuing Panchayat election to be done as BL seats on the lines of the Assembly seat reservations.
Basing its demand on the historical, social and political evolution and as per the Supreme Court Order, SIBLAC has deemed fit for the inclusion of BL seats in the Panchayat and Municipality polls.
"It must be remembered here that democracy is rule of the majority and protection of the minority", a press release issued by SIBLAC reads.
Since the issue in question is purely a State subject, SIBLAC hopes that "the State Government would see wisdom in the demand and notify the BL seat reservation in the ensuing Panchayat Body, before the electoral process to constitute the ensuing Panchayat Body is started", the release states further adding that "this would be in consistence with Article 243 T and Article 371F of our sacred Constitution."
On the other hand, Denjong Lhade, the monk body, has also expressed discontent with monastic estates being clubbed in the proposed three tired Municipalities across the State following different notifications of the UD&HD, Government of Sikkim dated May 22, 2007. This for the monk body is absolute encroachment, diversion and dilution of the existing Old Laws and traditional monastic authorities of premier monasteries of Sikkim hitherto protected by Article 371F of the Constitution. "It is an encroachment on the part of the State Government on the powers and authority, hitherto enjoyed by the premier Monasteries such as the Pemayangtse and Ralong", the release states.
According to the release, the Denjong Lhade has adopted a resolution in this regard mentioning that the areas which have been incorporated from the Monastic Estates to the proposed Municipality must immediately be withdrawn.
The monk body has also urged the Governor of Sikkim to invoke Section 9 of the Sikkim Municipalities Act 2007 to facilitate the same in upholding the Sikkimese dharma.
SIBLAC Meeting in Gangtok
The Sikkim Bhutia Lepcha Apex Committee (SIBLAC) has once again requested to State Election Commission seeking extension of BL seat reservations at the level of Panchayat in similar fashion as granted to BL community in Assembly level.
Terming the fulfillment of demand before the scheduled Panchayat elections in state as important and necessary to safeguard interests of BL community in state,SIBLAC convenor Tseten Tashi Bhutia in meeting of association held here in Gangtok today.
The reservations of seats in Panchayat should be in accordance with observance of Court which has stated that minority communities like bhutia and lepchas in Sikkim might not find adequate representation if the reservation is not provided to them in the state assembly. therefore, similarly, same situation might arise at the level of Panchayats in Sikkim for these communities.
Further, SIBLAC has regretted that even after passing of more than three months, Sikkim Democratic Front government has failed to address the issue of hydel projects in Dzongu, North Sikkim.
SIBLAC and Opposition Parties welcome ACT Gesture
Call off of 63 Days old Hunger Strike a big Step forward: SIBLAC
The Sikkim Bhutia Lepcha Apex Committee (SIBLAC) welcomed the calling off of indefinite hunger strike by Affected Citizens of Teesta (ACT). SIBLAC at the same time, appreciated their decision to continue with the relay hunger strike at BL house. In a press release, SIBLAC states that it now depends on how the Chief Minister will respond to this noble gesture made by the people of Dzongu.
The four political parties on the other hand stated that the decision of withdrawing hunger strike by ACT is their internal matter, therefore, there is nothing to comment on it. Since, Chief Minister Chamling is on his official tour to New Delhi, the action from Government is not immediately known, but optimistically with the withdrawal of hunger strike, some rays of hope are there to initiate dialogue and find out the solution.
Meanwhile, the people of Dzongu has started prayer for the proper development and amicable solution of the area. They offered the prayer to the guardian deities of Dzongu and puja was performed by Bongthing Lavi Sangay.
SIBLAC defers joining Hunger Strike on ACT Request
Sikkim Bhutia Lepcha Apex Committee (SIBLAC) has decided to 'keep in abeyance' its decision to join the ongoing indefinite hunger strike of Affected Citizens of Teesta as announced on August 15, 2007 in Gangtok following a request from the ACT leadership. A SIBLAC press release issued by its Convenor Tseten Tashi Bhutia informs that the decision was taken in an emergency meeting of SIBLAC with members of ACT.
In a hard hitting speech on Independence Day, Chief Minister Pawan Chamling had termed the move of SIBLAC to join hunger strike with its 17 representatives to support ACT as a political game being played by its leadership.
The Association would, however, continue to offer "unconditional support to the pious cause espoused by the members of ACT to save Sikkim." The release further informs that after the meeting, Tashi Jeda, the traditional white scarves, were offered to the SIBLAC representatives who had already arrived at Gangtok to participate in the hunger strike led by Dawa Lepcha and Tenzing Lepcha.
Sikkim Bhutia Lepcha Apex Committee supports ACT
About 17 representatives of the Sikkim Bhutia Lepcha Apex Committee have decided to join in the 55 days old indefinite hunger strike of Affected Citizens of Teesta (ACT) demanding the complete scrapping of all hydel projects in the Dzongu.
A press release issued by the SIBLAC informs that they will be initiating the hunger strike with effect from August 15, announcing their stance on the Gandhian percepts. Their participation in the hunger strike according to the press release is "a mark of protest to the lackadaisical and step motherly attitude of the state government to the ACT Satyagrahis and its justly demands".
"The present crusade of the Dzongu Lepcha for their very survival is not only genuine but timely as well. Their demands to scrap all the Mega Hydel Projects in Dzongu, a special Lepcha reserve vide the Royal Proclamation of 1956 followed by succeeding Notification No.28/LR dated 21st April 1969 of the Sikkim Government is still protested by the Constitution of India vide 371F(k).
Despite the precious Dharma treasures hidden in large number by the eternal Mahaguru Padma Sambhava and other saints in the 8th Century AD in most of the region's rivers, cliffs, rocks, lakes, forests, hills etc. to virtual threat of losing its sacredness and virginity", the SIBLAC appeal contends.
Claiming its stance since its inception as a social organisation representing the Bhutia-Lepchas of Sikkim who has been addressing different socio-politico-religious issues pertaining to the community at different levels as well as for the total protection of the Sikkimese Nepalese fraternity and also maintaining its knowledge about the rights and interests of the Sikkimese people within the framework of the Constitution in general and in Article 371F in particular, SIBLAC has reiterated its unconditional support to the cause of ACT and to join them in their fights demanding complete scrapping of all hydel projects from the Dzongu.
The Apex Committee has also saluted the endeavours of Dawa Tshering Lepcha and Tenzing Lepcha on completing the 57th days of hunger strike as well as all others.
The Apex Committee has also appealed "all its supporters across Sikkim to extend their whole hearted support to the cause espoused by the ACT, CLOS, SAFE and also requested them to ignore rumours and propaganda spread and circulated by the vested interests. The Press release informs of appeal to all to rise above mere political affiliations in support of such Noble cause as already exemplified by the present Satyagrahis of the Dzongu Lepchas.
SIBLAC reiterates Assembly Reservation for Sikkimese Nepalese
"Seat Reservation to all the bonafide Sikkimese, including members of our old business community, can only withstand the repercussions of the accelerated demographic transition that is swallowing Sikkim currently." Tseten Tashi Bhutia, Convenor, SIBLAC
The Sikkim Bhutia Lepcha Apex Committee (SIBLAC) today called upon the central leadership over three-point memorandum as, immediate restoration of seat reservation for Nepalese of Sikkimese origin in the Sikkim Legislative Assembly as guaranteed under Article 371 F of the Constitution of India.
Secondly, it reiterated the reamendments to the Constitution (Sikkim) Scheduled Tribe Order 1978 read with the Constitution (Sikkim) Scheduled Tribe Order 2003 and Representation of People (Amendment) Act 1980 in order to rectify the errors as committed by the then leaders running the government at different levels.
SIBLAC also sought for the reservation of Bhutia-Lepchas in the Panchayat and Municipal bodies on the line of Sikkim Legislative Assembly reservations, within the scope of Article 371 F of the Constitution. SIBLAC has of late been appraising all the concerns over it aiming at protecting the Sikkimese from being marginalised owing to the ever increasing 'influx' from outside.
Emphasising immediate restoration of seat reservation to Sikkimese Nepalese in the Assembly, a press note from Tseten Tashi Bhutia, Convenor to SIBLAC, reads "Seat Reservation to all the bonafide Sikkimese, including members of our old business community, can only withstand the repercussions of the accelerated demographic transition that is swallowing Sikkim currently".