Wednesday, April 9, 2014

FOR RIGHTS AT PAR WITH SIKKIM SUBJECTS, OLD SETTLERS SHOULD ALSO MEET SAME PARAMETERS AS SET FOR SIKKIM SUBJECTS

Letters to ed:-
The letter to the Editor captioned ‘Deliver, Don’t Just Give Assurances to Old Settlers” in your esteemed daily is timely and for which Mr.Prem Goyal should be congratulated. By sheer curiosity I happened to browse through the Parliamentary Report in question in the website indicated in the Letter.
To me, who was associated in the process of regularization of Sikkim Subjects numbering 74,966 in 1989/90, the premise as stated by Mr. Prem Goyal , that the Ministry of Home Affairs GOI has directed the implementation of Para 9.5 of the Report  is rather confusing. In actuality the Rajya Sabha Petition Committee has simply suggested both to the GOI and GOS to give due consideration to the matter. It is not a directive as interpreted in the concerned Letter. The concluding paras of the Report are reproduced below for reference.
“9.5 In view of the above, the Committee recommends that the demand of 400families of Indian origin, those who are living in Sikkim and denied their rights of equality should be given their due rights. The Committee recommends the
Government to ensure executive action with a view to treat all such Indian citizens and their descendents residing in Sikkim prior to 26thApril, 1975 as Sikkimese
Indians for the purpose of automatically becoming eligible to all the socioeconomic and political rights on a par with those of the erstwhile Sikkim subjects while availing of such rights and benefits from the Governments at the Centre as well as the State in the interest of justice, equality and welfare of its citizens.
9.6 The Committee also recommends the Government to ensure equality before the law by removing the discrimination arising from the amendment of the Income Tax Act, 1961 vide the Finance Act, 2008. The Committee also recommends that the ambit of section 26AAA of the Income Tax Act, 1961 which exempted Sikkimese
subject from payment of Income Tax Act should also be extended to all Indian citizens and their descendants, who are residing in Sikkim prior to the appointed date i.e. 26thApril, 1975. The Committee hopes that the Union Government and
Government of Sikkim and take a positive attitude in the matter and help find an
early solution to the problem.”
For the sake of argument, if those seeking equal rights as Sikkim Subjects are to be entertained, then equality and justice demand that they must match the parameters of Sikkim Subject Regulation 1961, which specifies 1946 as the cut off year besides others.
K.C. Pradhan, Former Chief Secretary

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