Chronicle 2015
Seat Reservation for Bhutia Lepcha (BL) is a constitutional Obligatory
It would be a total deviation from the preceding Sikkimese political history and its evolution, if seat reservation for BL is not provided as duly recognized by the sacred Indian Constitution through the all pervading Article 371F of the Constitution of India.
- Election Commission of India's Hand-Book to candidates for Vidhan Sabha election in Sikkim has categorically mentioned in Para 3 (Qualifications for Election to a Legislative Assembly) that seats are reserved for Bhutia-Lepcha (BL) of Sikkimese origin. This testifies that reservation of BL seats in any election in Sikkim is a constitutional obligatory for the state authorities within the scope of Article 371F of the Constitution.
- 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."
- The Representation of Sikkim Subject Act 1974 is embodied in the spirit of Art. 371F (b)(i) of the Constitution. It guarantees seats in the Sikkim assembly as Bhutia Lepcha (BL) and Nepali of Sikkimese origin.
- 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) "...Historical considerations and compulsions do justify inequality and special treatment. The departures are not as to negate fundamental principles of democracy."
- As a matter of fact, any other clauses, acts, regulations, legislations including Article 243D (6) or Art. 243T (6) of the Indian Constitution and the Sikkim Municipal Act, 2007 Chapter III, Section 15 (1) must be taken in terms of Article 371F with respect to the State of Sikkim, a non-obstante clause and over-riding provision in the Indian Constitution.
- Reservation of BL seats has become more obligatory due to the present demographic composition of Sikkim as resulted by the unchecked influx followed by the anomalies.
- All the above mentioned legislations are protected by Article 371F (k) of the Constitution following which, seat reservation of the Sikkimese of Bhutia Lepcha origin has been allowed in the Sikkim assembly. It is obligatory to uphold the same spirit to save BL from extinction.
Tseten Tashi Bhutia, Convenor, SIBLAC
Maintaining irrevocable Obligations
SIBLAC's sister organization, the Bhutia Lepcha Protection Force (BLPF), takes a firm stand in the following Press Release pertaining to the constitutional seat reservation for the indigenous communities of Sikkim:
A writ petition seeking court's directive for providing reservation for Bhutia-Lepcha communities in the urban local bodies election was admitted by the high court of Sikkim on 6th October 2015. But the petitioner's stay application to stop the ensuing municipal elections in Sikkim was rejected by the high court.
That the petitioner by way of writ petition had challenged the Sikkim municipal elections of 2015 on the ground that independent reservation should be granted in favour of the Bhutia-Lepcha communities as per the mandate of Article 371F(f) of the constitution and judgement of the honorable supreme court in the case of R.C. Poudyal vs Union of India. The high court has issued notices to the state of Sikkim and State election commission to decide whether independent reservation to be extended to the Bhutia-Lepcha communities.
Bhutia Lepcha Protection Force in its earlier press release has condemned and deeply regretted the hidden agenda of the present government in power to do away with the political rights of BL minority communities in the governments earlier notification of reservation of seats in municipalities. In 2010, reservation has been provided separately to the BL communities but in reservation of seats in municipalities in 2015, the reservation for BL has been deliberately done away with.
BLPF, this time, will not again question the betrayal of their BL MLAs and BL ministers who have been elected and are representatives of the communities but demand their immediate resignation from their post and vacate the BL seats. They will be answerable to their posterity for not standing up to this kind of political injustice meted out to their communities. Also statements from certain ex BL MLAs that reservation of seats in municipal elections cannot be constitutionally challenged, BLPF would like to inform him that this has been challenged.
Under such constant threat and dilution of political right of BL communities under the present government, BLPF would like to appeal to the entire Bhutia Lepcha communities of Sikkim to once again come together and stand up against such hideous agendas to do away with our political survival.
Regards, K.D. Bhutia, Advisor BLPF
Riwo Sangchoe - Pang Lhabsol
After an audience with Kyabje Lachung Rinpoche, the leadership of SIBLAC eagerly forwards the advice received by the venerable master of the Longchen Nyingthig tradition. Accordingly, the Buddhist community of Sikkim is invited to perform Riwo Sangchoe during Pang Lhabsol.
In an appeal by SIBLAC, General Secretary Chewang Pintso points to the beneficial effects the Mountain Smoke Offering, a Terma revealed by Lhatsun Namkha Jigme, will not only have on every performing individual but as well on Sikkim and every sentient being in general.
Devotees are advised to perform Riwo Sangchoe on 29th August at 9 am in support of the rituals simultaneously performed by the monastic community of the erstwhile Buddhist kingdom.
–> Documentation: SIBLAC Press Release - August 21, 2015
–> Documentation: Riwo Sangchoe, Tibetan-English, courtesy Rigpa Foundation
SIBLAC unveils the whole Truth
On his way back from the Tenshug Shabten offerings for H.H. the Dalai Lama at Dharamsala, Tseten Tashi Bhutia took the opportunity of a stopover at Delhi to meet with Central Government officials. During his talks at the Home Ministry, the Convenor of SIBLAC ventured to put straight several misleading details of a statement released by Piyush Goyal, Minister for Power, Coal and Energy, in respect to the Tashiding HEP, in January 2015.
Responding to an enquiry by the Minister of Home Affairs, Goyal had drawn a far too innocent picture of the state at Tashiding, omitting conflicting aspects such as the lack of a mandatory clearance by the Standing Committe of NBWL or critical considerations voiced by the High Court of Sikkim. No mention was made of the fact that instead of the project complying with the regulations, the respective rules were adapted to suit the needs of the project, cutting down the Ecosensitive Zones from 1000 metres to a less than symbolic 25 metres. Thus, Goyals response to Rijiju either was an indication of a shocking ignorance or a deliberate attempt of inter-ministerial disinformation.
The omitted details presented by the Convenor to the ministry of Kiren Rijiju made up for an integral report on another nasty case of favoritism and bending the law. Tashi Tseten Bhutia's objections prompted the Home Ministry to get back to Piyush Goyal's statement with the demand to 'get the matter re-examined for appropriate action' in light of the 'new facts' brought out by the Convenor of SIBLAC.
Tseten Tashi Bhutia simultaneously sent an appeal for his support in this matter to Tsering Namgyal Shanoo, representative of the Buddhist minority at the National Commission for Minorities, Government of India.
–> Documentation: Statement of Piyush Goyal - January 2015
–> Documentation: SIBLAC Letter to Kiren Rijiju - July 22, 2015
–> Documentation: SIBLAC Letter to Tsering Namgyal Shanoo - July 23, 2015
–> Documentation: Home Ministry Letter to Piyush Goyal - July 28, 2015
People of Dzongu resolve to reject hydel projects
The Affected Citizens of Teesta (ACT), Sikkim Bhutia Lepcha Apex Committee (SIBLAC) and Sangha MLA Sonam Lama have welcomed the decision of the people of Dzongu led by the Deputy Speaker cum area MLA, Sonam Gyatso Lepcha, to oppose all forms of hydroelectric power projects in the area.
This decision was made during a brainstorming and coordination session held on May 10 at Hee Gyathang in Lower Dzongu attended by the area MLA, panchayats and government employees.
In a press release entitled Better late than never, SIBLAC convenor Tseten Tashi Bhutia said that "the unanimous decision taken by the Hon'ble Area MLA and people of Dzongu is an exemplary community act that deserves appreciation." He has further sought the early intervention of the government to immediately scrap the hydro projects in Dzongu as well as on Rathong Chu in West Sikkim.
–> Documentation: SIBLAC Press Release - May 15, 2015
SIBLAC spotting one-sided Views at the Centre
Tseten Tashi Bhutia, Convenor of the Sikkim Bhutia Lepcha Apex Committee, launched a virtual wake-up call to the Centre with a message to Mr. Piyush Goyal, Minister of State for Power, Coal and New & Renewable Energy. Responding to an exchange of communications between Mr. Kiren Rijiju, Union Minister of State for Home Affairs, and Mr. Goyal revealing a shocking level of disinformation on the latter's part in regard to the hydropower project under construction over sacred Rathong Chu in West Sikkim, Mr. Bhutia attempts to list scores of reports by the national press as well central agencies, notably the CAG and the Standing Committee NBWL.
Referring to an impressive number of testimonials, the Convenor provides a briefing on obvious violations of applicable laws and suspected corrupt arrangements in connection with the project at Tashiding, complaining that "private power developers in connivance with corrupted central and state officials are looting the nation." Fearing this to be just "the tip of the iceberg", Tseten Tashi Bhutia invites the minister to convene "a face to face meeting with concerned officials and project proponents" in order to "sort out the matter and know the ground reality."
–> Documentation: SIBLAC Message to Piyush Goyal - March 3, 2015
Purification of Sikkim Subject Certificate Register first
Reacting to the Sikkim Cabinet decision of January 27, 2015, to make a Sikkim Subject Certificate or a Certificate of Identification mandatory for any type of appointment in the State Government, SIBLAC Convenor Tseten Tashi Bhutia issued the following statement over the social media channel:
Please purify Sikkim Subject Certificate (SSC) Register: The sacred document which was surrendered to the Home Ministry, Government of India, during the time of Sikkim annexation in 1975 was the Sikkim Subject Certificate (SSC) Register on the basis of which all the Sikkimese had become Indian. Hopefully, a copy of the same SSC register is lying with the Government of Sikkim today.
As per estimates published by a local paper, in Sikkim we have
- Fake Certificate of Identification (C.O.I) holders = 1,19,289
- Fake Sikkim Subject Certificate (S.S.C) holders = 31,180
adding up to a total of 1,50,469 "fraudster" or illegal and fake documents.
It is not only important but sensed urgent and the need of the hour to purify the SSC register in the interest of our future generations, else talking big about protection and safeguard of Sikkim and the Sikkimese will become a futile exercise that would imminently jeopardise our own posterity.
Therefore, we appeal the political parties of Sikkim to rise above politics. We don't mind to come out openly in support of the Government if it's really committed and wanted to eliminate, reject or withdraw the illegal Certificates issued so far.
Political parties in Sikkim should understand that unless this is realized, whatever programmes/policies they come out with will never achieve their targets which, then, would only be meant for securing a mere vote bank and accompanying politics.
Tseten Tashi Bhutia, Convenor, SIBLAC
Obituary for Bhim Raj Pradhan, former Law Secretary of Sikkim
The Sikkim Bhutia Lepcha Apex Committe (SIBLAC) held a meeting to mourn the passing away of Shri B. R. Pradhan, former Law Secretary to the Government of Sikkim. In a statement released to the press, Convenor Tseten Tashi Bhutia highlights the merits of the deceased in connection with the compilation and preservation of the Old Laws of Sikkim providing the base for protection of the indigenous minorities to the present day, "if implemented in letter and spirit, both by our policy makers and commoners".
The assembled members observed minutes of silence in honour of late Shri Pradhan and expressed condolence to the family members of the deceased.
–> Documentation: SIBLAC Press Release - January 21, 2015
New Year's Greetings
At the outset, we extend our heartiest greetings to the Sikkimese people on the unveiling of the New Year 2015. We pray that the New Year strengthen Sikkimese unity that fulfills all its dreams and aspirations that shall be fruitful in shaping Sikkim to its prime heights in all sphere. May the New Year ensure peace, progress and prosperity of Sikkim. May it further ensure stability of Article 371 F of the Indian Constitution that is most crucial for the harmony and unity of our people.
We pray that all the seeds that often pose threat to our Sikkimese harmony as well as threat to even smallest constituents of it are dispelled from the roots. It is the need of the hour that each and every unit of Sikkimese society feel secure in their land of origin including our old settlers whom we lovingly called as Sikkimese Indians, and we stand to it.
We further present our heartfelt greetings to the policy makers, both at the treasury and opposition benches that all their activities in this New Year is guided by the eternal safety, peace and prosperity of Sikkim where the sanctity of our Dharma lineage and historical tradition flourishes to its supreme.
Tseten Tashi Bhutia, Convenor SIBLAC