Gangtok: The Joint Action Council, towards the end of the Symposium organises here on Sunday, passed a resolution.
Based on the views presented by parties and organisations individually on the Uniform Civil Code, if implemented, would it be advantageous or not for Sikkim. The JAC concluded that it should not be imposed.
‘In the light of Article 371F and preserving customary laws of various communities, the proposal for the Uniform Civil Code (UCC) is neither desirable nor necessary in the context of Sikkim, as of Sikkim,’ is the one-point Resolution passed by participants, announced by Vice President, Joint Action Committee, Passang G Sherpa.
The Resolution passed with thumping applause, will be forwarded to the Union Home Ministry, Delhi. The preservation of heritage, culture, distinct identity, diversity, and personal law was stressed.
The VP, JAC, stressed that the cultural heritage of the Sikkimese ethnic communities needs to be protected by Article 371F of the Constitution.
He said social practices, customary laws and culture will be uprooted, as will distinct identities. Nothing will be left of Article 371 F. ‘But still, if we all the Sikkimese join together on a common idea,’ it will be sent to the Law Commission of India.
Former MLA Tse Ten Bhutia, Sikkimese Bhutia Lepcha Apex Committee, citing an example of the recent Finance Act, expressed doubt about the UCC also.
The Finance Act referred to our majority community (Nepalese of Sikkim) as foreigners. Perhaps some responsible person informed the Apex Court that the state had no objection to it. In the background of such happenings, if UCC is implemented here, it will not be the last nail in the coffin of Sikkimese. Bhutia posed a question, expressing apprehension.
He said he was expressing the view on behalf of SIBLAC.
Sangay G. Bhutia, JAC, claimed that Sikkim has a gender-just rights system. He was apprehensive of harm to the personal laws of different communities, including the Tribals.
Dr K. Adhikari, BJP, said Article 371F has to be protected by our Legislators, the UCC has two sides, and change is inevitable. There should be two different laws for the same family. Bad laws need to be changed to stop oppression, and good laws have to be protected and pursued.’
Former MLA Nar Bahadur Khatiwada, also an Advocate Supreme Court of India, said, The Implementation of the Uniform Civil Code will not cause any harm to Sikkim as such.’ Sonam Sherpa said out of the nine political parties invited, only four have been represented. However, two political parties, including the Sikkim Democratic Front and the Hamro Sikkim Party, sent letters. The SDF is expected to form an opinion subsequently.
While ‘ HSP has taken a firm stand against UCC, viewing it as yet another assault on Article 371 F and the distinct identity of Sikkim, The ruling SKM had no representative.
Others who addressed the gathering of more than 100 invitees included Bharat Basnett politician Keshav Sapkota, Sonam Sherpa, P. Lamichaney, Prawin Basnett, Tirtha Sharma, and Sangay Gyatso Bhutia.
The parties and organisations that attended were AAP, ACT, Sikkim Sanrakshan, Sikkim Mul Niwasi, BJP, SIBLAC, and of course the host JAC.
Most of the members indicated their concern about Article 371 F and cited examples from other Northeastern states.
