Chronicle 2013
Tashiding HEP 'appears to be illegal'
The High Court of Sikkim has directed that the Ministry of Environment and Forests issue a notification demarcating eco-sensitive zones, commonly known as buffer zones, within two months in Sikkim. In fact, the Union Ministry has been directed to issue a draft notification on the above mentioned matter within a month from today. This direction was issued in connection with a writ petitions challenging the Tashiding hydel project in West Sikkim, submitted by members of SIBLAC and NASBO in early 2012.
The division bench of the High Court comprising Acting Chief Justice NK Jain and Justice SP Wangdi came close to initiating contempt proceedings against the ministry as the matter of notifying the eco sensitive zones has been pending for almost a year.
The matter is of significance to Sikkim as the Tashiding hydel project, apparently, and as also opined by the High Court, is presently in violation of Central government and Supreme Court guidelines on the matter and therefore, appears to be an illegal project. There is also the other aspect that the project developers as well as the state government are yet to get clearance from the National Board of Wildlife which is also under the MoEF.
As per the Supreme Court guidelines there can be no construction or undertaking within 10 km radius of any national park; the Tashiding HEP being developed by Shiga Energy has been found to be encroaching within the 10 km radius of the Khangchendzonga National Park and therefore in clear violation of this stipulation. However, given the topography and location of Sikkim and especially the fact that almost 80% of the state is under forest cover and part of one national park or the other, the state government has appealed that it would virtually be impossible to undertake any developmental project if this stipulation was to be followed.
In response to this appeal, the MoEF had sought a proposal from the Sikkim government on what it thought would be an acceptable limit for demarcating a buffer zone. This proposal by the state government has already been submitted and the concerned ministry in the centre was to examine this proposal and then issue a relevant notification demarcating a buffer zone for Sikkim considering the local topography. The Union Ministry has issued a similar notification for the state of Goa in consideration of its small size. However, this has not yet come about for Sikkim and the MoEF has been found wanting of paying adequate attention and priority to Sikkim.
The court also noted that this was an urgent matter and the ministry should have decided on the matter and issued a notification by now. Central government counsel, Karma Thinlay submitted that the relevant officials in the ministry were busy with the ongoing Parliament session. Present on behalf of the state respondents was Additional AG, JB Pradhan and for the petitioners, Zangpo Sherpa. The division bench decided to grant one month’s time for the issuance of a draft notification and another month for completion of all procedures and issuance of a final notification on the matter.
Meanwhile, the construction activity appears to be continuing at the project site. The High Court had earlier stated that this would be at the risk of the project developer.
BL MLAs skip Convention on Community Issues
Meet passes 12 resolutions, seeks stern steps to contain influx
The absence of Bhutia Lepcha legislators during the daylong convention today on issues faced by the two communities left the organizers, Bhutia Lepcha Protection Force (BLPF), a disappointed lot. The convention, attended by politicians from different parties, retired bureaucrats and members of the Bhutia-Lepcha communities, was held at a packed BL House at Gangtok.
However, none of the 12 BL MLAs and the lone Sangha MLA from the ruling SDF turned up for the meeting though the organizers maintain that they had been specifically invited. The 13 chairs reserved for them at the BL House went empty.
"We had personally sent an invitation to all the sitting BL MLAs requesting them to attend the convention as it pertains to the interests of the two communities. We are very displeased to see that none of them turned up. The reason is best known to them," said BLPF advisor Kesang Dorji.
BLPF president Phigu Tshering Bhutia said: "It seems that our leaders in chair are least bothered on issues of Bhutias and Lepchas. They should understand that BLPF is an apolitical body formed to work for the interest of the two communities."
SIBLAC Convenor Tseten Tashi Bhutia, who attended the meeting, observed that the BL legislators should have shown some sensitivity towards the convention. "There must be unity among the two communities", he said.
A BL legislator from the ruling front confirmed that an invitation for the convention had been received. The legislator cited the presence of 'some politically motivated' persons in the meeting as the reason for not attending. "We, the BL MLAs have been elected with public mandate. We know the issues of BL communities very well and our government has been working on it. There were some people who are politically motivated attending the meeting. We would have attended if the meeting was attended by non-political persons", said the MLA.
After the daylong deliberations, the convention 'March to Gangtok' passed a 12-point resolution. The resolutions include protecting the blood-brotherhood ties and Article 371F, rejection of the Burman Commission 2008 report and restoration of Nepali seats in the Assembly.
The convention also resolved to call for exclusive 10 percent additional reservations for the Lepcha community in employment and education and grant of due rights to the 400 families of old settlers in Sikkim. "We shall not tolerate or compromise threat or attack on our Dharma in guise of insensitive developmental activities such as lavish power projects and unwanted project at sacred Kabi-Longstok, though we are for development", the convention resolved.
The convention also recorded its great concern on influx growth in Sikkim and sought stern measures to check influx.
"The resolutions passed will be submitted to the Governor. It will also be submitted to all political parties of Sikkim in days to come so that they can make a political consensus", said the BLPF advisor.
–> Documentation: BLPF Resolution - December 8, 2013
–> Photo Gallery: Bhutia Lepcha Convention, December 8, 2013
SIBLAC Reminders
In reference to the Site Inspection Report for Teesta IV published by an inspection team of the National Board for Wildlife in August 2013, the Sikkim Bhutia Lepcha Apex Committee takes the initiative to make sure the alarming findings are not going to be hushed up once more.
In a letter to the NBWL as well as a message to Jayanthi Natarajan, Union Minister Environment and Forests, Convenor Tseten Tashi Bhutia draws the addressee's attention on the team's findings and prompts the authorities to take stern action as long as there is something left to be preserved.
Mentioning the suspected illegal actions of the administration in cahoot with the developers threatening the ecological, religious and cultural heritage of Sikkim, SIBLAC invites the concerned agencies not to look on any longer.
"If you can't trust us then at least please trust and believe in the latest Site Inspection Report on the Teesta IV Dam , August 2013", SIBLAC suggests, adding that "justice delayed is justice denied".
–> Documentation: SIBLAC Letter to MoEF - October 31, 2013
–> Documentation: Message to Jayanthi Natarajan - November 1, 2013
–> Documentation: Jay Mazoomdaar - Sikkim constructing Hydel Projects in Violation of SC Order
SIBLAC and Save Sikkim file FIRs against Tashiding HEP
SIBLAC Convenors Tseten Tashi Bhutia and Rinzing Chewang along with Save Sikkim, a social organization, submitted two separate FIRs with the Gyalshing Police Station Tikjuk, West Sikkim on September 27, 2013 in connection with the "fraudulent act" effected by Shiga Energy who is executing the 97MW Tashiding Hydro Electric Project over sacred Rathong Chu in West Sikkim.
The FIR accuses T. Nagendra Rao, the proprietor of the company, as being "dubious" and who has already been branded by the Government of Sikkim as "one with dubious credentials and character."
The FIR reveals as to how the project proponent is continuing the project on the basis of fraud and misleading reports and documents.
The copies were also endorsed to the DC West and SP West with a request to intervene personally in public interest.
–> Documentation: SIBLAC Press Release - September 28, 2013
–> First Information Report: FIR SIBLAC - September 28, 2013
–> First Information Report: FIR Save Sikkim - September 28, 2013
Support for Lepcha Youth Association
The SDF run Government of Sikkim is always all too ready with promises to garner gratitude, however, when it comes to the due implementation performance falls short regularly. Some days ago, the Sikkim Lepcha Youth Association (SLYA) complained about the lacking implementation of such a promise made over a year ago in regard to job reservations as well as seat reservations in higher studies for the members of the Lepcha community.
In a press release, SIBLAC Convenor Chewang Rinzing Lepcha congratulates the SLYA for the clear stand taken and marks determined backing for the demands raised. He prompts the Primitive Welfare Board and the Sikkim Lepcha Association to explain the issue to the Sikkimese in General and to the Lepcha in particular.
The press release invites the Government of Sikkim to consider the lessons the Government of West Bengal had to learn recently, adding: "We want Sikkim government to practice what they preached."
–> Documentation: SIBLAC Press Release - September 21, 2013
SIBLAC: CM is right in stating SDF is wrong
In a follow-up to an earlier campaign, the Sikkim Bhutia Lepcha Apex Committee states complete inconclusiveness on the part of the BL and Sangha deputees to the Sikkim Legislative Assembly while the Chief Minister himself admitted that his partymen were on the wrong track regarding the background of BL seat reservation.
In a press statement, SIBLAC convenors Tseten Tashi Bhutia and Chewang Rinzing Lepcha acclaim Mr. Pawan Chamlings statement that the 12 seats reserved in Sikkim Legislative Assembly are meant for Bhutia-Lepcha (BL) only made during the celebrations of Pang Lhabsol in Gangtok, on 21st August 2013.
SIBLAC substantiates the reservation's background citing paragraphs from the 'Handbook for Candidates' by the Election Commision of India, the Representation of People (Amenment) Act, 1980, as well as observations of the Supreme Court of India.
The statement confirms that BL seat reservation is a prerogative beyond the ambit of ST/SC reservation. SIBLAC Convenors appeal the Chief Minister to educate his MLAs accordingly "so that the future of Sikkim and Sikkimese be in safe hands".
–> Documentation: SIBLAC Press Statement - September 3, 2013
Native Organizations welcoming new Governor
Delegates of Sikkim Bhutia Lepcha Apex Committee (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 Citizens of Teesta (ACT) under the leadership of SIBLAC Convenors Tseten Tashi Bhutia and Chewang Ringzing Lepcha called on the new Governor of Sikkim.
Besides welcoming Shriniwas Dadasaheb Patil with traditional white scarfs, the delegation took the opportunity to inform the Honourable Governor about a number of burning issues concerning the Bhutia Lepcha community as well as the Buddhist Sangha of Sikkim.
–> Documentation: SIBLAC Press Release - August 14, 2013
SIBLAC opposing Dilution of constitutional Provisions
The Sikkim Bhutia Lepcha Apex Committee resolutely rejects statements made in a recent press Release of the ruling party, according to which "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."
According to a press release, SIBLAC terms such a valuation by the SDF "unconstitutional and illegal". In a letter to the 12 Members of the Legislative Assembly representing the BL as well as to the Sangha MLA representing the Buddhist community of Sikkim, SIBLAC imperatively demands the representatives to make their stand clear within one week, "failing which we shall be compelled to initiate actions or remedial measures as may be deemed fit."
–> Documentation: SIBLAC Press Release - August 13, 2013
SIBLAC's Wishes for Tendong Lho Rum Faat
In a short Press Release issued on the vigil of Tendong Lho Rum Faat, the Sikkim Bhutia Lepcha Apex Committee extends its best wishes to the Sikkimese people.
Since this is one of the most important traditional celebrations of the Lepcha community, Convenors Tseten Tashi Bhutia and Chewang Rinzing Lepcha remind the state government that this were an opportunity to grant Lepchas the 10% reservations as demanded by SIBLAC since several years.
–> Documentation: SIBLAC Press Release - August 7, 2013
SIBLAC demands 10 Percent exclusive Reservation for Lepchas
The Sikkim Bhutia Lepcha Apex Committee (SIBLAC) has demanded the state government to provide 10 percent reservation in employment and education to the Lepchas, who have been accorded Primitive Tribe status three years ago.
"Considering their financial status and population, the state government has to provide 10 percent reservation in jobs and academics", SIBLAC Convenors Tseten Tashi Bhutia and Chewang Rinzing Lepcha told reporters at BL House.
"The 10 percent demand has to be added to the benefits the community enjoys under the Bhutia-Lepcha (BL) category. Lepchas being Sikkim's indigenous tribe deserve their constitutional and fundamental rights to have these privileges of reservation", said Bhutia.
SIBLAC claimed that it had already communicated the demand to political leaders prior to the 2004 elections for the special protection to the community but action had just been limited to lip service.
Bouncing back on Chief Minister Pawan Chamling's recent remarks that the centre can annul Sikkim's special status as guaranteed by Article 371F of the Indian constitution, Bhutia opined, "Sikkimese have acquired the Sikkim subject after losing innumerable precious things, the Indian government must have to think ten times before removing the Article. Such statement by the Chief Minister for twenty long years appears not only immature but also shameful and irresponsible", he added.
According to Bhutia, intellectuals and politicians must study the article thoroughly before commenting on it.
SIBLAC files FIR against Kabi-Longtsok Project
The Sikkim Bhutia Lepcha Apex Committee (SIBLAC) on Thursday submitted a general diary at Phodong police station seeking maintenance of peace and order at Kabi Longtsok heritage site. A beautification project is proposed at the site which is being opposed by SIBLAC and other associations.
SIBLAC Convenor Tseten Tashi Bhutia said unpleasant incidents in the recent past at the holy site of Kabi Longtsok are because of the proposed illegal and anti-Sikkimese project. The organization also urged the police to ensure that no illegal and unwanted works or activities are carried out in the government notified sacred area. Else it may lead to disturbance of peace and tranquility.
SIBLAC further pointed out that concerned government departments are well-informed on the matter. "Therefore, any act of defilement or desecration of this sacred site, in the form of new construction, modification, alteration, beautification or any developmental activity without informing the people of Sikkim shall definitely invite breach of peaceful environment and disturbances in law and order."
SIBLAC extends Greetings on Guru Rinpoche's Birthday
Sikkim Bhutia Lepcha Apex Committee (SIBLAC) on the occasion of Guru Rinpoche’s Trungkar Tshechu (birth anniversary) has extended its greetings to all the people of Sikkim and has appealed to each and every individual for maintaining peace and harmony.
"On this holy occasion the committee requests the Chief Minister of Sikkim to apply his conscious wisdom practically to deliver what he speaks by stopping anti Sikkimese Hydro-Electric projects slated over our holy rivers and lands and also unwanted project at historical place at Kabi Longtsok in North Sikkim, which if he believes, desires and wants can do easily as has already proved and done in 1997 by scrapping Rathong Chu Hydro project in west Sikkim", a press statement from the SIBLAC said.
"SIBLAC is not against any development but development at the cost of our ecology, biodiversity and in particular the survival of Sikkimese is not acceptable and tolerable to us", a release added.
–> Documentation: SIBLAC Press Release - July 17, 2013
A Lesson for Chokhor Duchen
With best wishes to the people of Sikkim on the occasion of Drukpa Tshe-shi, SIBLAC Convenor Tseten Tashi Bhutia appeals to the Governor and the Chief Minister of Sikkim to be "practical in delivering what they preach and not perform their duty merely for the sake of their duty or as an official obligation, but should act for the virtuous and the dignified post they hold."
Adding that green talk and patriotic slogans do not replace corresponding actions, he appeals to the Government of Sikkim for scrapping all illegal and anti-Buddhist hydro and other projects having the potential to devastate the ecology and heritage of Sikkim.
–> Documentation: SIBLAC Press Release - July 12, 2013
Sikkim Government urged to send Team to Bodh Gaya
The Sikkim Bhutia Lepcha Apex Committee (SIBLAC) has expressed its dismay with the alleged lackadaisical approach of the State government on the Bodh Gaya issue. Despite requesting that senior Sikkim government officials should be sent there immediately, the State administration has turned deaf, said the association.
SIBLAC Convenor Tseten Tashi Bhutia contacted the secretary of Mahabodhi Society of India at Bodh Gaya, N. Dorjee and Bodhi Tree in-charge Bantey Nima Tshering Lama, both from Sikkim. As informed by them, they have received no official communication from the Sikkim government and no official from Sikkim has visited Bodh Gaya till this morning.
"It is a big shame as Sikkim has the highest proportion of Buddhist population in India", the SIBLAC Convenor said. He requested the Sikkim government to send an official team comprising of senior monks and officials from the Ecclesiastical department to Bodh Gaya in the interest of all Sikkimese and particularly the Buddhist dharma lovers of Sikkim.
–> Documentation: SIBLAC Press Release - July 9, 2013
SIBLAC condemns attack on Buddha Gaya
Tseten Tashi Bhutia, Convenor of the Sikkim Bhutia Lepcha Apex Committee (SIBLAC), condemned the bomb blasts at Buddha Gaya in Bihar and termed it a coward act of terrorism.
However, he pointed to the fact that the attack on Sikkim's historical Kabi Longtsok site and holy Tashiding Bhumchu are as outrageous as the actual terrorist attack on Buddha Gaya or the attack by Talibans on Buddha's statue at Bamiyan, Afganisthan, in 2002.
International forums and organisations should come forward and take a stand, Bhutia added.
SIBLAC writes to President against Kabi Project
The Sikkim Bhutia Lepcha Apex Committee (SIBLAC) has written to the President of India Pranab Mukherjee, Prime Minister and other central leaders against the proposed beautification project at historic Kabi Lungtsok site in North Sikkim.
Taking forward its protest against the Rs. 8.46 Crore DoNER sponsored project, SIBLAC Convenor Tseten Tashi Bhutia in his Email pleaded the central leaders to save heritage, places of worships and Dharma in Sikkim which otherwise in the name of development is reaching the verge of extinction.
"Holy rivers, mountains, hills, lakes which the people of Sikkim worship have not been spared and untouched despite the ample central and state laws/acts which protect and safeguard the above. Development should not be at the cost of genocide of Sikkim's history and their survival", said Bhutia in his letter.
–> Documentation: SIBLAC Message to the President of India - July 3, 2013
Kabi Lungtsok Project: SIBLAC for CBI Probe on DoNER Role
Bouncing back against the proposed beautification project at historic site Kabi-Lungchok in North Sikkim, the Sikkim Bhutia Lepcha Apex Committee (SIBLAC) has approached Governor Balmiki Prasad Singh demanding a CBI enquiry into the role of the union DoNER ministry's role in implementing the project.
Expressing strong apprehension on the role of the Ministry of Development of North East Region (DoNER) or its other concerned officials, SIBLAC Convenor Tseten Tashi Bhutia complained that the state government is hell bent on tempering and defiling with the sacredness of the site with its development and tourism oriented project, not acceptable to both the general people and monk communities of Sikkim. "We consider this as design to eliminate our religion, culture and tradition from its roots", said Bhutia in his prayer to the Governor.
Bhutia has also requested for Singh’s intervention to scrap any kind of activities or the present project called ‘Beautification and Development of historical place at Kabi Lungtsok in North Sikkim’ that defile or tempers the very sacredness and originality of the Kabi Lungtsok.
Recalling yesterday's ruckus during a joint inspection of the Kabi Lugtsok site, the SIBLAC convenor slammed the local MLA Thinley Tshering Bhutia’s helplessness as 'unfortunate' compelling the police officials control the situation protesting the project.
–> Documentation: SIBLAC Memorandum to the Governor of Sikkim - July 2, 2013
Prayers to Save Kabi Lungtsok
Opposition to the proposed development and beautification of historic Kabi Lungtsok in North Sikkim grew louder today as thousands reached the 13th century site and registered a united protest against the move, terming it unconstitutional and a direct attack on Sikkim's history and communal brotherhood.
With various community organizations led by Sikkim Bhutia Lepcha Apex Committee (SIBLAC), Lepcha Youth Association showing solidarity with Save Kabi Lungtsok Committee, members of the communities joined in condemning the state's alleged intention to destroy Sikkim's history. Bongthings and Monks performed pujas and offerings at the ancient Kabi cave and other vital structures within the premises.
For the uninformed, Khye Bhumsa, the great ancestor of the Bhutias and Thekong Tek, the Lepcha chief priest along with their retinue swore in as blood brotherhood in the 13th century with Sikkim's guardian deity, Mount Khangchendzonga as the witness. A statue of unity today stands at the venue to mark the historical treaty.
"Government is hell bent to destroy Sikkim's history by coercing the project against its own norms regarding preservation and maintenance of places of worship. Chairs reserved for Sangha MLA and 12 BL MLAs here today are empty, they seem to become deaf, dumb and blind. They should vacate BL seats immediately if they can't advocate for whom they are representing", SIBLAC Convenor Tseten Tashi Bhutia told a gathering pointing out to 13 vacant chairs resembling seats for the legislators in front of the statue of unity at the venue.
"Bhutias and Lepchas are nowhere without Kabi Lungtsok and any effort to spoil it won't be tolerated. The project should be scrapped immediately else this will be an international issue", added Bhutia.
Former Chief Secretary Sonam Wangdi said the development project was needless. A state notification seeking to preserve places of worship and prohibit conversion, altercation, new construction of any places of worship was passed during his term as the Chief Secretary. Besides, opposition party leaders cutting across party lines also attended the function and extended solidarity in protesting against the project.
–> Photo Gallery: Prayer Meet at Kabi Lungtsok, June 24, 2013
Organizations appeal to scrap Kabi Project
Three organizations, Save Kabi Lungtsok Committee, Ong Shezum (Lepcha Youth Association) North, and Sikkim Bhutia Lepcha Apex Committee (SIBLAC) in a meeting held yesterday have unanimously resolved to appeal the state government to stop "development and beautification of historical place at Kabi Lungtsok in North Sikkim immediately in the interest of Sikkim and Sikkimese."
The meeting held under the chairmanship of SIBLAC Convenor Tseten Tashi Bhutia also welcomed and extended appreciation to all the organisations like Duchi (Monk Body) of Kabi Lungtsok Sangha Thargayling Goenpa, SIBLAC, National Sikkimese Bhutia Organisation (NASBO), Renjyong Mutanchi Rong Tarjum (Sikkim Lepcha Association) and Ong Shezum for taking stand against the proposed project at the historical place and submitting representations to Chief Secretary and other concerned state authorities.
It was mentioned in the meeting that the above project was objected before floating tender by the president of Save Kabi Lungtsok Committee, Sonam Tshering Bhutia, the same of which was reported in a local English daily.
At the meeting, SIBLAC convenor apprised the members present about the historic 13th century oath and blood brotherhood ceremony of Kabi Lungtsok, laws of the land including act of parliament on places of worships followed by Sikkim Government notifications etc. He clarified that one should not be against any genuine developmental activities of the government but should oppose if it is against the distinct identity of Sikkim and Sikkimese which is protected under Article 371F of the Constitution.
Further, the meeting also resolved to conduct a day-long prayer meet by Bongthings and monks at Kabi Lungtsok on June 24 from 9 a.m. onwards under the banner of Save Kabi Lungtsok Committee and Ong Shezum (North) for which a committee was set up headed by Chewang Rinzing Lepcha and Tashi Rapden Bhutia.
The meeting concluded entrusting all the members to appeal one and all to attend this holy event for universal peace and betterment of all sentient beings, adds a press release.
–> Documentation: Joint Press Release Kabi Lungtsok - June 20, 2013
SIBLAC countering Exploitation of BL Heritage
In a press release objecting to rumoured intentions of the state government to transform Kabi Lungtsok into another touristically exploitable spot, the Sikkim Bhutia Lepcha Apex Committee (SIBLAC) announced its fierce resistance against any project touching this sacred place.
Stressing the importance of Kabi Lungtsok as a vital element of idendity of the indigenous minorities of Sikkim, Convenor Tseten Tashi Bhutia states that "any injury and harm to this sacred place will be considered as genocide on Historical-Cultural-Religious civilisation of Sikkim."
The press release also points to earlier attempts of the Government of Sikkim to modify/distort Bhutia Lepcha tradition in a book published in 2004. Notwithstanding earlier objections by SIBLAC and assurances given, the publication has, as yet, neither been corrected nor withdrawn.
–> Documentation: SIBLAC Press Release - June 11, 2013
–> Attachment: SIBLAC Press Release - September 9, 2011
SIBLAC summing up HEP Irregularities
Lately, the Sikkim Bhutia Lepcha Apex Committee has had to come to terms with didsappointing turns in regard to the organization's efforts to protect the cultural and religious heritage of Sikkim. Not only were the pending cases challenging the construction of Tashiding HEP adjourned for the 9th time by the High Court of Sikkim, last week, due to the obvious inability of the respondents' advocates to draft response even within a period of a whole year. SIBLAC was as well excluded from meeting a delegation of the National Board for Wildlife (NBWL) visiting Sikkim in mid May.
To counter such setbacks, Convenor Tseten Tashi Bhutia found ways and means to inform the NBWL about the situation in Sikkim. In a e-mail message to the board members, he compiled an impressive list of failings, violations of laws and suspect irregularities related to the Tashiding hydro electric poject under construction in West Sikkim.
The document itemizes, for example, the dubious role of T. Nagendra Rao using the project to acquire huge loans transferred forth and back through a multitude of dodges and finally ending up in a confusing network of hedge funds abroad.
Another example presents the unauthorized construction activities of Shiga Energy on land owned by third-party individuals, carried on even after intervention by the High Court of Sikkim.
A most prominent point, finally, draws the attention of the board members to the fact that construction of Tashiding HEP was started without clearance by NBWL, a requirement mandatory for a project in proximity of Khangchendzonga National Park/Khangchendzonga Biosphere Reserve. While clearance has, still, not been granted, SIBLAC mentions that "project proponent says in court that they are doing it at their own risk and that is accepted gladly."
Tseten Tashi Bhutia's compilation ends with the upsetting remark: "I am helpless in front of these money power and corrupted administration, but I will not leave easily."
–> Documentation: Message to the Members NBWL - May 31, 2013
SIBLAC on Saga Dawa
On the eve of Saga Dawa Duchen, the Sikkim Bhutia Lepcha Apex Committee conveys its best wishes and greetings to the Sikkimese public and authorities. The fourth month of the Buddhist lunar calendar culminating in the commemoration of Buddha Shkayamuni's birth, enlightenment and Parinirvana on the 15th day (full moon) is an especially auspicious and blissful period of the year. Every action - wether positive or negative - undertaken during Saga Dawa is believed to have a millionfold effect on the individual, the community and on the whole world.
Convenor Tseten Tashi Bhutia reproves the Governor as well as the Chief Minister that green talk and patriotic slogans do not replace corresponding actions. Hence, the press release demands, once more, that Hydro Power Projects with a devastating potential in regard to the e cology and heritage of Sikkim be scrapped.
"Intention is very important in Buddhist practice. Hence, take vows towards intention and implement it for the benefits of all sentient beings", the release concludes.
–> Documentation: SIBLAC Press Release - May 24, 2013
SIBLAC welcoming Visit of NBWL to Sikkim
In a message to the National Board for Wildlife MoEF, SIBLAC Convenor Tseten Tashi Bhutia expresses satisfaction over the visit of a team from NBWL to Sikkim scheduled for May 15/16 and submits a request for an audience to discuss the situation in relation to Hydro Electric Projects in the state.
Since the team's visit is targeted at Teesta Stage IV, a HEP gravely affecting Dzongu as a protected haven of Lepcha culture and tradition, Bhutia draws the experts' attention to a similar case in West Sikkim: Tashiding HEP over the sacred Rathong Chu threatening the core of the distinct Buddhist heritage of Sikkim.
The message elaborates that "It is said that this river passes through one hundred and nine sacred lakes (Tso). These Tso are the heart Tso of most important Tantric deities. It collects power and blessing from all the Tso. The details of all the Tso are in Naysol Text. If we do not rule this hidden land according to Dharma, which has been repeatedly blessed by the greatest accomplished teachers, then Guru has warned us."
Tseten Tashi Bhutia urges that it is very important not to undermine the predictions of Guru Rinpoche. "We pray before you to save us to save India", the message concludes.
–> Documentation: SIBLAC Message to the National Board for Wildlife - May 10, 2013
–> Attachment: SIBLAC Attachments for the National Board for Wildlife - May 10, 2013
SIBLAC demands removal of Law Secretary
Convenor of Sikkim Bhutia Lepcha Apex Committee (SIBLAC), Tseten Tashi Bhutia has demanded removal of the Law Secretary to State Government, R.K. Purkayastha. A delegation of SIBLAC submitted a memorandum to the Governor of Sikkim through his Additional Secretary on May 6th, 2013.
The Governor, Balmiki Prasad Singh, who is presently out of station, has been requested to ensure immediate removal of the Secretary. Tseten Tashi Bhutia has stated in the memorandum that Purkayastha’s recommendation in favour of the Tashiding Hydel Project is very unfortunate and condemnable in the strongest terms. He has alleged that the Law Secretary has gone to the extent of measuring the sacredness and sanctity of religion and culture using materialistic parameters. The report, it is alleged, has completely rejected the constitutional recognition provided to Sikkimese Sangha System. His seven-line recommendation is termed as an abrupt rejection of the precious instructions of His Holiness, Kyabje Dodrubchen Rinpoche and other Buddhist masters of Sikkim. The Rinpoche, it is said, has advised to keep the area in question free from pollution and any sort of projects which will ensure peace, prosperity and progress of Sikkim. However, the Law Secretary in his report has stated, "With regard to the Tashiding Power Project, as I understand, Rs.150 Crores have been spent by the Power Developer on Projects so far, it may not be advisable to put a stop to it." The report was submitted in compliance to directions of higher authorities for seeking expert opinion after the devastating earthquake on September 18th, 2011 on whether the Project should be scrapped or not.
The 97 Mega Watt Power Project in Tashiding is being opposed to religious sanctity accorded to the Rathong Chu River. The sacred Bumchu ceremony associated with the history and culture of Sikkim is also performed yearly in the monastery situated in the area. After the 2011 earthquake, Member of National Commission for Minorities, Spalzes Angmo had also asked the state government to review the project, as it is considered holy by the whole Himalayan Buddhist community including the Sikkimese and the State Government has been assessing the feasibility of continuing or scrapping of the project since 2011.
–> Documentation: SIBLAC Memorandum to the Governor - May 6, 2013
SIBLAC emergency call to the MoEF
In an e-mail to Minister Jayanthi Natarajan, SIBLAC Convenor Tseten Tashi Bhutia resorts to strong words in connection with the lasting threat to the cultural heritage of Sikkim. Complaining about lacking support for the safeguard of Dzongu and the sacred Rathong Chu neglecting orders of the ministry's own experts, he alleges the idleness of the central bureaucracy to take effect in favour of the private power developers in Sikkim.
Bemoaning the disappointed hopes of the Sikkimese at the period of merger with India, Bhutia makes out a degrading lack of mutuality: While the Sikkimese sacrificed their sovereign kingdom trusting in the good intentions of the powerful neighbour, India did not keep her promise of looking after the Sikkimese "like a big brother".
Stating that Sikkim has become an ATM for Indian politicians and that corruption has crossed the limit, Tseten Tashi Bhutia firmly declares: "If these Hydro Projects proposed on our sacred land are not stopped immediately, the issue may go out of hand and create tension in this strategic border area. We will not accept genocide in the name of development."
–> Documentation: SIBLAC Message to Smt. Jayanthi Natarajan - May 3, 2013
SIBLAC: Religious Heritage does not have a Price Tag
As hinted at a few days ago, the Sikkim Bhutia Lepcha Apex Committee (SIBLAC) makes out a lack of understanding and seriousness on the part of the state bureaucracy. Aghast at the ongoing construction activities for the Thashiding HEP, Convenor Tseten Tashi Bhutia rejects the findings of the High Powered Committee on hydro electric projects in West Sikkim laid down in a report of November 23, 2011.
Turning down the approach of taking decisions based on exclusively monetary factors, the release states: "Since religious-social aspect is the main ground to challenge the project, why not Mr. Purkayastha sought ‘expert opinion' as rightly required by the Hon'ble Chief Minister. We would like to put on record that no other than His Holiness Kyabje Dodrubchen Rinpoche, Kyabje Chadral Sangay Dorje Rinpoche or the late Kyabje Lachen Gomchen Trulku are the unquestionable authorities to advice on such matter. In fact, all these most revered masters have already granted their precious Kalpo (Dharma instructions) that projects slated over sacred Rathongchu should be scrapped."
In fact, the Secretary Law, Mr. R.K. Purkayastha, bears the brunt of the bashing for his crucial seven-lines annotation to the committee's report, that "since considerable amount of about approximately Rs 150 Crores has been spent on the project so far, it may not be advisable to put this project for consideration of not to go ahead with and continue."
The release bemoans the committee's stand "that the cost of the religious sanctity cannot exceed Rs 150 crores" and adds: "This is how, we believe, the bureaucrats in Sikkim are misleading the Chief Minister as well as the government. It is worth-appreciable that Chief Minister Mr. Pawan Chamling, realising the significance of the cultural-religious aspects and sentiments of the people, has already scrapped Rathongchu HEP (1997) and only recently, Lethang HEP and Ting-Ting HEP."
–> Documentation: SIBLAC Press Release - April 15, 2013
Bureaucrats working in Tandem with private Power Developers: SIBLAC
Days after the Sikkim High Court heard a case challenging construction of Tashiding HEP, the Sikkim Bhutia Lepcha Apex Committee (SIBLAC) has trained its gun on the State Government for ignoring the urgent directive from the Ministry of Environment and Forests to immediately stop work on the hydel project on Rathong Chu, a river considered sacred by the Buddhists.
Speaking to journalists in a news conference at Press Club of Sikkim, SIBLAC Convenor Tseten Tashi Bhutia expressed his dissatisfaction over the committee formed by the state government to enquire the matter. "The committee has bypassed the religious importance of the river, in spite of knowing about its sacredness for the Buddhists", he said, accusing State Government officials of ignoring the negative impact and fallout of the project. "One cannot rule out the possibility of corruption in the failure of the bureaucrats and technocrats to address issues of concern in this regard".
The project, Bhutia claimed, has had an expenditure of more than 150 crores so far which has been borrowed from public institutions. "We have been against hydro projects since 1990, but the state government's indifference continues. The project further has not acquired NOC from the concerned Department of Ecclesiastical Affairs as the river has religious value, moreover it has failed to get NOC from the National Board for Wildlife which is mandatory", informed Bhutia.
He also alleged that the six-member high powered committee instituted to review hydel projects on Rathong Chu did not even call affected people and agitating NGOs to find out about their grievances and complaints. "Ignoring all these flaws in the project, the committee has disregarded the sacred value of the river and produced a report in favour of the project as if they were sponsored by the hydro company promoter T. Nagendra Rao."
"Law and regulations are bulldozed, racked by the power projects seizing the environment, heritage and history at stake. With such brutality of power developers against the sentiments of the people, the day is not far when they will have to voice to the Union Government to restore Sikkim back to original", said Tseten Tashi Bhutia.
The division bench of Sikkim High Court Chief Justice Pius C. Kuriakose and Justice Sonam Wangdi had, on April 10, a hearing of the case related to the hydro project. Meanwhile, the court has turned down the appeal of the petitioners for an interim stay order on Tashiding project of West Sikkim.
Appeal for interim Stay Orders on Tashiding Project turned down
Project Developer continuing at its own Risk till Petition's final Outcome
An appeal for interim stay orders on ongoing works of the 97 MW Tashiding hydroelectric power project over Rathong Chu, considered as a sacred river in West Sikkim, was turned down by the High Court today. The interim relief sought today was in a petition filed last May which challenges the legality of this mega power project on environment and religious considerations.
The division bench of Chief Justice Pius C. Koriakose and Justice SP Wangdi observed that orders have previously been passed by the court that the project would depend on the final outcome of the petition and the project developer, Shiga Energy, who is continuing the works at its own risk.
During the hearing on the plea for interim orders, the submitted to the court that the Tashiding project is already in advanced stage of execution and an amount of Rs. 260 crore has been spent so far. The amount has been borrowed by the developer from public institutions and it was too late for the petioner to seek such relief, it was placed.
The petition was also heard in detail today by the division bench which granted time to the respondents to file counter affidavits on the fresh submissions made by the petitioner's counsel, Zangpo Sherpa. The petition, which seeks cancellation of the Tashiding project, would be heard next on May 13.
SIBLAC: Abide by Dalai Lama's Advice
On the eve of the consecration of Tathagata Tsal by H. H. the Dalai Lama in Rabong, SIBLAC Covenor Tseten Tashi Bhutia highlights the importance of the teachings given by Buddha Sakyamuni, Guru Rinpoche and the Dalai Lama as an essential part of our daily practice and actions. In a Press Statement, he points out that Tathagata Tsal has to become a sacred place of spiritual merit rather than a tourist spot of worldly gain.
The statement cites His Holiness' advice given during his last visit to Sikkim in 2010, that "Buddhism provided Sikkim a distinct identity and must be preserved. It is the duty of the people to protect Sikkim's distinct identity and its faith. This sacred task should not be left to spiritual and political leaders alone."
Bhutia adds that the Dalai Lama must not be invited for mere publicity's sake every now and then and that his precious advice has to be adopted in everyone's practical approach and life.
–> Documentation: SIBLAC Press Statement - March 22, 2013
SIBLAC protests Government's Refusal to scrap Tashiding HEP
Sikkim Bhutia Lepcha Apex Committee (SIBLAC) Convenor, Tseten Tashi Bhutia, today condemned the State Government’s failure to stop work at the 97 MW Tashiding Hydro Electric Project (HEP) being developed by M/S Shiga Energy Pvt Ltd on the Rathong Chu river in West Sikkim despite an order to do so by the Wildlife Division of the Ministry of Environment and Forests.
Addressing a press conference at the Press Club of Sikkim, Mr. Bhutia rued that despite the MoEF directive in May last year to stop work on the project and the High Court’s Order (dated 24 July 2012), which, he said "categorically states that the execution of the project shall remain subject to the outcome of the writ petition", work is underway full swing.
Two writ petitions were also filed in the Supreme Court under Article 32 of the Constitution of India against the 97 MW Tashiding HEP, Mr. Bhutia informed, explaining that these were referred back to the High Court here for speedy disposal on 08 May, 2012 by the Apex Court since it involved various issues which are "local in nature" to the Sikkim High Court.
Even the Governor of Sikkim, Mr. Bhutia adds, invoked his discretionary powers (under Article 371 F (g)) which caused the Union Home Ministry to issue a note (dated 29.09.2011) requiring the Ministry of Power, Ministry of Culture and Ministry of Environment and Forests to offer their comments and sending a high powered team consisting of experts from the fields of Culture and Environment and Forests for a study in the matter. "But even the Governor’s initiative is in oblivion till date in the matter of the 97 MW Tashiding HEP", the SIBLAC Convenor commented.
"When 99 MW Ting Ting HEP slated on the Rathong Chu river can be scrapped due religious sentiments and apprehensions and 97 MW Lethang HEP also slated on the Rathong Chu river can be scrapped due to Clearance not granted by National Wildlife Board, then why the same yardstick and logic as in the above two projects is not applicable in 97 MW Tashiding HEP since it is also proposed on the same sacred river Rathong Chu and above all there is an order too to stop work immediately from the Ministry of Environment and Forests", he questioned.
"The recommendation of National Minority Commission against the project in question and the speeches and statements of His Holiness the Dalai Lama and His Holiness the Sakya Thrichen, instructions of His Holiness Kyabje Dodrubchen Rinpoche and many other Buddhist heads cannot be just ignored and disregarded by the State government", he added.
Meanwhile, the report submitted by the High Powered Committee on 23 November, 2011, Mr. Bhutia argued "has not studied the overall implication and especially the legal and religious aspects of 97 MW Tashiding HEP, which as a matter of fact are the major grounds of opposition against this project".
–> Documentation: SIBLAC Press Briefing - February 18, 2013
Communication gap opens confusion over Tashiding HEP
MoEF had asked Forest Deptt to halt Construction. What happened then?
Hydroelectric projects continue to attract controversy and confusion and it does not help matters that the concerned departments remain elusive when it comes to offering clarifications on the subject. The Tashiding Hydroelectric Project, the only hydel project left from the three initiated on the Rathong Chu in West Sikkim, is the latest in this regard.
It transpires that the Wildlife Division of the Ministry of Environment and Forests (MoEF) had written to the Principal Chief Conservator of Forests here in May last year enquiring after the status of the Tashiding HEP and directing that if the construction was already underway, "the same may kindly be stopped immediately until farther orders as they do not have necessary recommendations of the Standing Committee of National Board for Wildlife".
This is interesting since the project received Environmental Clearance from the Ministry of Environment and Forests way back on 29 July 2010.
As mentioned, while two other projects proposed on the Rathong Chu – Lethang and Ting-Ting – have been scrapped by the State Government, work on Tashiding HEP continues. The project is also being challenged in the High Court.
That said, concerned officials in the Forest Department consistently dodged attempts to seek a clarification in this regard. Officials in the Energy and Power Department meanwhile denied any knowledge of the said communiqué, stating that they the Forest department had not forwarded any such letter to the department. Hydel projects come under the purview of the Power Department.
The letter from the Wildlife Division of the MoEF was issued in response to a representation made by SIBLAC against the project.
In response to the SIBLAC representation, the Ministry had asked the Forest department to look into the matter. The letter, issued by Vivek Saxena, DIG Forests (WL), MoEF, sought to know "... whether the construction of the 97 MW Tashiding HEP in West Sikkim is already underway and if yes, the same may kindly be stopped immediately until further orders as they do not have necessary recommendations of the Standing Committee of National Board for Wildlife." The department had to forward the required information back to the Ministry 'most urgently'. However department officials when contacted refused to divulge any details including why the Power Department was not intimated or what kind of response was forwarded to the Ministry.
SIBLAC has posted the information on its website and also reportedly filed an RTI query on the matter last month.
Meanwhile, even MoEF appears to have forgotten the communiqué from May last year. In a "status of hydro electric projects under execution" (as on 31 Jan 2013) posted on its website, the Ministry records Tashiding HEP as being under execution and its completion "likely to be advanced to the 12th plan". The only entry in the 'remarks' section of this projects states "poor geology" with no mention of its May 2012 order. It may be mentioned here that the status report details on some other hydel projects (not in Sikkim) records them as having been "stopped by the MoEF" (in one case for religious reasons).
–> Documentation: Order MoEF - May 28, 2012