SIBLAC demands Census to accord separate constitutional category

source:VoiceofSikkim


SIBLAC demands Census to accord separate constitutional category
01 April, Gangtok: Highlighting the distinct political identity awarded to the Bhutia lepcha (BL) community of Sikkimese origin by Article 371 (F) of Indian Constitution which ad beend endorsed by the Supreme Copurt, the Sikkim Bhutia Lepcha Apex Commitee (SIBLAC) has demanded the Census authorities to recognize the two communities as ‘separate constitutional category unlike the Schedule Tribes and Scheduled Castes’.

Copy of letter to the Director, Census-Operations follows below

To
Director,
Census Operations- Sikkim
Gangtok,
East Sikkim

Sir,
This has reference to the inauguration of conducting National Census 2011 to be carried out by your Directorate in Sikkim.

I would like to submit the following constitutional complexities and parameters to be observed while conducting and preparing the final report on Sikkim’s census for the year 2011.

1. Though a part of the Indian Union, Sikkim is principally governed by Article 371 F of the Indian Constitution, which infact is Sikkim’s First Constitution that bestows Sikkim with special status within the Union, an assertion authenticated and upheld by the Hon’ble Supreme Court of India (RC Poudyal Vs Union of India and others).
2. Article 371 F of the Constitution recognizes the Bhutia Lepchas of Sikkimese origin as a distinct political entity extending them with political rights that is reserved and recognized specifically as Bhutia Lepchas (BL) and not under any other category (s) whatsoever, including the Scheduled Tribes. The political rights of the BLs including the 12 seats and one for the Sikkimese Sanghas reserved in the Sikkim Assembly as BL reserved as been upheld and validated by the Hon’ble Supreme Court of India in the above cited case.
3. The Election Commission of India has mandated in its Chapter II Clause 3 (4) (c) as “if you are a candidate for a reserved seat for Sikkimese of Bhutia Lepcha origin in the Legislative Assembly of Sikkim, then you must be a person either of Bhutia or Lepcha origin, and in addition you must also be an elector or any assembly constituency in that State” (Annex I).
4. Despite, even the Government of Sikkim has accorded separate reservations for this distinct constitutional group for different purpose such as reservations in the Government employments (Annex II) and the civic bodies (Panchayats & Municipalities) (Annex III)

The rationale behind narrating all these constitutional complexities becomes noteworthy here since your organization is undertaking this ambitious periodical exercise which in the long-run would become the founding-base in determining the governmental policies, be it political-economic-social-cultural, or any other aspects concerning the human development.

It becomes question of first magnitude that the exercise of your regular decadal census must extend deserving recognition to the Bhutia Lepchas of Sikkimese origin as a separate constitutional group. It is a matter of general fact that your census make classification on the basis of the recognition accorded to such sections by the Government of India as the Scheduled Castes and Scheduled Tribes. Similarly, the BLs are also recognized as a distinct constitutional group by the Indian Constitution vide Article 371 F for all such purposes including Socio-Politico-Economic, whatsoever, as far as Sikkim’s special status is concerned as also guaranteed by Part XXI of the Constitution of India.

It is relevant to mention here that the BLs were included in the list of the Scheduled Tribes under Sikkim (Constitutional) Scheduled Tribes Order of 1978 for the purpose of economic upliftment. Some more sections were included in the Scheduled Tribe list in the year 2003. Given the current trend of political activism, more other additional section or sections of the population may be accorded with similar listings with the category and hence such practice in essence would keep on ever increasing. Therefore the constitutionally distinct category of the BLs cannot be mixed or parallel with any other category, be it the Scheduled Tribes or the Scheduled Castes.

At this backdrop, the clubbing of BLs with other communities under a single Scheduled Tribe category through your conventional method of census shall go detrimental to all the constitutional provisions as it stands now. Apart from generating constitutional complexities, such clubbing would yield instability to the constitutional provisions and recognition extended to the BLs of Sikkimese origin thus far since the formulations of policies of any Government would rely on the findings of this periodical census, be it political-social-economic-cultural.

Under the circumstances, we insist and claim that the Bhutia Lepchas of Sikkimese origin are recognized as separate constitutional category unlike the Scheduled Tribes and Scheduled Castes or may be, as an alternative, provided in separate sub-class within the Scheduled Tribe category as being authenticated and practiced by the Election Commission of India, in the ensuing census report, keeping in consideration of all the constitutional provisions and its obligations with regard to Article 371 F and all the existing practices and precedence of the Government of Sikkim, without being prejudice to any.

Thank you very much,
Yours faithfully,

Tseten Tashi Bhutia
Dated:Gangtok,April1,2010