SikkimPOLITYSocial Issues

CAP holds protests; representatives submit memorandum to Governor

The newly formed Citizen Action Party (CAP) staged a One-Day-Dharna at District Court against the observation and the following verdict pronounced by Supreme Court striking out Sikkimese word and mentioning Sikkimese Nepali community as people of foreign origin.

After the dharna where CAP addressed the issues they sat for, the representatives of Citizen Action Party submit memorandum to the Governor of Sikkim. The memorandum contained the points that CAP wanted to focus on.

Below is the memorandum pointers:

Honourable Sir, with a great sense of urgency, we the Citizen Action Party- Sikkim would like to bring before you a very pivotal issue that has questioned the very existence of Sikkim and its population and more particularly the Apex Court of the country has observed the Nepali community to be foreigners and has widened the definition of Sikkim as to include those individuals who have settled in Sikkim prior to 26 April 1974.

Honourable Sir, as you are aware of the judgment passed by the Honorable Supreme Court of India on 13 January 2023 in a petition filed by Old Settlers of Sikkim in the year 2013 bearing no.Writ Petition (C) No. 59 of 2013 with Writ Petition (C) No. 1283 of 2021

That the aftermath of the judgment has resulted in great discontentment among Sikkim’s populace primarily because of two reasons as mentioned below-
i) @Para 10 (a) of the judgment, the Supreme Court has observed the Nepali community as
foreigners. The relevant para is mentioned as below:
“therefore, there was no difference made out between the original inhabitants of Sikkim, namely, the Bhutia—Lepcha, and the person of foreign origin settled in Sikkim, like the Nepalis or person of Indian origin who had settled down in Sikkim generation back.”

ii0 That on the other hand, we would like to bring before your kind office that the Supreme Court in its Judgment has further broadened the definition of Sikkimese to include all Indians/old Indian settlers who have permanently settled in Sikkim prior to the merger of Sikkim with India on 26 April 1975, irrespective of whether his/her name is recorded in the register maintained under the Sikkim subject regulation, 1961.

That it is to bring to your kind notice that the aforesaid omission has crept into the judgment passed by thehonorable Supreme Court’s dur to improper instructions in which vis-a-vis the Advocate General of Sikkim, appearing on behalf of the state of Sikkim have failed to convey and sufficiently argue true and correct historical facts pertaining to the state of Sikkim before the honorable judges and convince the division bench of the Supreme Court with regard to the correct socio-historical facts and circumstances.

That needless to mention the undersigned applicants would like to mention briefly that the demographic history of the Nepali community could be traced prior to the 18″century in the state of Sikkim. The same is evident from the census report of 1891.

We would also like to bring to your kind attention that in the year 1975, when the State of Sikkim was merged, it was merged with a certain condition and hence it was a conditional merger with the great country of India, thus the then decision of the Government of India in one hand the then Chogyal on the other hand and the political parties took a decision that was necessitated to protect the original aboriginals of the kingdom of Sikkim and to ensure that the peace and security of the Sikkim and its people are safeguarded altogether and inits truest form.

But however since the Hon’ble Supreme Court passed the Judgment in the Writ Petition as aforementioned there has been serious despair, discontentment and resentment amount the Sikkimese population for the reason as aforementioned.

On this the majority of the population feel that their identity would be at stake and masses in huge numbers have come on over the streets inter alia to protest against the use of the word “Foreigners”.

That under such circumstances we request your kind indulgence to invoke powers under Article 371F (g) to ensure peace and security of the State of Sikkim by doing the needful as per the afore stated circumstances and further thus exercise powers under Article 174 of the Constitution of India and summon the members of State Legislative Assembly after consulting the cabinet to have a special legislative discussion in order to pass a resolution condemning use of such words against Nepalese and further to have a substantive discussion and future course of action in order to safeguard the rights and interest of the Sikkimese as defined under the Sikkim Subject Regulation, 1961.

That the undersigned Citizen Action Party – Sikkim firmly believes that Sikkim’s identity lies in the protection of its populace and safeguarding the very distinct identity of its citizen is sacrosanct to preserve the diversity of not only the State of Sikkim but also of our great nation India.

Also on the other hand it is earnestly requested to your high office to kindly direct the State Government to bring “white paper” on the whole issue and therefore the same be made public in the interest of general population of the State of Sikkim.

“We all hope and humbly request that your high office would kindly consider the above request
of the undersigned and the needful initiative be taken at the earliest to preserve the distinct
identity of the State of Sikkim and its populace.” The memorandum concluded.

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