The Union Home Ministry has filed a review petition in the Supreme Court amidst public outrage over the apex court describing Sikkimese Nepalis as ‘persons of foreign origin.’
The Sikkimese identity should not be diluted, the Union categorically stated on Monday.
On 13 January, Justice B.V Nagarathna while narrating the historical evolution of the modern-day Indian state of Sikkim vis-à-vis the development of its income tax regime, had noted, “There was no difference made out between the original inhabitants of Sikkim, namely, the Bhutia-Lepchas and the persons ot foreign origin settled in Sikkim like the Nepalis or persons of Indian origin who had settled down in Sikkim generations back.”
This observation was while extending income tax exemption to all old settlers of the state.
However, it has exposed the ethnic and political fault lines in the state and triggered an avalanche of protests.
Last week, the state’s health minister Mani Kumar Sharma resigned in protest against the Sikkim Krantikari Morcha government’s failure to respond to the court’s observation. Violence also broke out between the cadres of the ruling party and the opposition Sikkim Democratic Front during a bandh called by the latter.
“Ministry of Home Affairs (MHA) files review petition in Supreme Court against some of the observations and directions in a recent judgement dated 13th January, 2023 in two petitions of 2013 and 2021 filed by Association of Old Settlers of Sikkim and Ors in Supreme Court,” Home Minister Amit Shah’s Office tweeted.
“GoI reiterated its position about the sanctity of Article 371F of the Constitution that safeguards the Sikkimese identity, which should not be diluted,” it said.
“Further, the observation in the said order about persons of foreign origin settled in Sikkim like Nepalis should be reviewed as the said persons are Sikkimese of Nepali origin,” it added.
