Subject: Representation for Inclusion of Names in Sikkim Subject Register as per Sikkim Citizenship Amendment Order of 1989

To

The Editor,

Sikkim Express

On the auspicious occasion of the visit of the Hon’ble Prime Minister Shri Narendra Modi Ji marking the 50th Statehood of Sikkim, we, the aggrieved left-out Sikkimese, would like to put forward the grievance that we are presently facing.

The recent judgment in the case of Yogen Ghatani and Others vs. State of Sikkim delivered by the Gauhati High Court has clarified that a Certificate of Identification (COI) is not equivalent to a Sikkim Subject Certificate (SSC). The Court has observed that rights in Sikkim cannot be claimed solely on the basis of a COI.

To claim full rights, an individual’s name must be included in the relevant register. At present, such inclusion is possible only under the Sikkim Citizenship (Amendment) Order, 1989, which falls within the administrative jurisdiction of the Central Government.

The Hon’ble Gauhati High Court has observed:

“The apprehension of the respondents that they would be treated as ‘non-locals’ proceeds on a misunderstanding. Such COI with limited utility does not alter the citizenship; it also does not deny recognition under the Sikkim Subjects framework and, for sure, it does not affect civil rights generally. The certificate, namely, the Certificate of Identification issued by the sources under the administrative framework merely limits the evidentiary use of that certificate.”

“In fact, it would be more appropriate for the respondents to pursue their respective claims before the Central Government Committee for their names to be included in the Sikkim Subjects Register which, for some reason or the other, were left out.”

It is further pertinent to note that the Ministry of Home Affairs, Government of India, had constituted a committee comprising officials of the Government of India and the Government of Sikkim to examine cases of genuine omission under the Sikkim Citizenship (Amendment) Order, 1989. Certain guidelines were prescribed to determine persons who were left out from being entered into the Sikkim Subjects Register due to such genuine omission.

It is averred that in terms of clauses (d), (f), (g), and (h) of the prescribed guidelines, the aggrieved individuals were entitled to acquire Indian citizenship under the Sikkim Citizenship (Amendment) Order, 1989, by virtue of their fathers’ and grandfathers’ government service in the Sikkim Darbar prior to the commencement of the exception clause introduced with effect from 1st April, 1974, under the Sikkim Government Establishment Rules, 1974.

In light of this, we respectfully urge the Hon’ble Prime Minister Shri Narendra Modi Ji, the Hon’ble Home Minister Shri Amit Shah Ji, and the Hon’ble Chief Minister of Sikkim Shri Prem Singh Tamang( Golay) Ji to take cognizance of the concerns of the left-out Sikkimese and initiate necessary measures to facilitate the inclusion of their names in the register.

Thanking You,

Yours Faithfully

Pratik Gautam and Sagar Subba