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Discrimination against women? |
The phrasing of the
Pink Card Application form that it will be
available only to the "Legal and Direct
Descendent" means that a person claiming pink
card must be born of a father who was/is a
Sikkim Subject Holder or who holds Certificate
of Identification inherited from the Sikkim
Subject, but this surprisingly eliminates a
woman married to a genuine Sikkimese because it
does not make her a direct descendant. It is to
be mentioned here that a non- Sikkimese woman
married to a genuine Sikkimese is eligible to
obtain a Certificate of Identification under the
old law but now she cannot claim the Pink Card,
this consequently makes her COI inferior to the
Pink Card available to the direct descendant
woman, this affects her Right to Livelihood in
the long run.
This anomaly violates the right of a married
woman to acquire equal status as that of a
husband subsequent to her marriage, this is
unconstitutional since under reasonable law and
even by the virtue of natural justice a woman
may acquire the citizenship of a husband upon
marriage through appropriate procedure. Since
Pink card is an identity of Citizenship, what
will be the status of these women?
Married woman should get equal rights in the
society in which they enter subsequently upon
marriage but the question of direct descendant
eliminates this possibility, also this exercise
is directly in conflict with the old law which
allows a non Sikkimese woman to acquire COI upon
marriage to a genuine Sikkimese.
Poor Sikkimese men now they have less choices to
make, either marry a Sikkimese girl or if not
remain a bachelor or make your wife unequal in a
society which claims to be democratic.
The government should look into this matter
since it restricts the choice of marriage, and
"Right to marry of ones own choice is a
Fundamental Right" and a State which does not
secure the fundamental rights but violates it
cannot claim to be democratic.
Sochita Sharma
Advocate,
Near Janta Bhavan,
Gangtok |
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Sikkim
at Glance |
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Area : 7096 Sq Km Capital
: Gangtok
Altitude: 5,840 ft Population: 6.10
Lakhs Topography: Hilly terrain elevation
from 600 ft. to over 28,509 ft above sea
level Climate: Summer Max- 21°C ;
Min - 13°C Winter Max -13°C ; Min -
0.48°C Rainfall : 325 cm per annum
Language Spoken: Nepali, Bhutia, Lepcha,
Tibetan, English, Hindi |
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Nepali
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