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JUSTICEDEFENDS

STORY SPLASHED BEFORE NEWS WAS MADE!

HEM LALLACCUSED OFPERJURY,FORCING APUBLICITYINTERESTLITIGATIONIN THE GARBOF A PIL

Some not so deft reworking of a writ petition already dismissedby the Supreme Court alleging undue benefits being enjoyedby the Chief Justice of Sikkim is being branded by High Courtofficials as a “Publicity Interest Litigation” in the guise of aPublic Interest Litigation.

The petition filed by Harvard-educated Hem Lall Bhandari,who is seen as a “briefless lawyer” by respondents in the case,has come a long way in the less than a week that has passedsince it was filed on April 9, last Friday.

While a plea for dismissing the case was only expected, thejudiciary has reacted strongly to aspersions, which have alreadybeen dismissed by the Apex Court, cast on the functioning of thejustice delivery system in Sikkim. The counter affidavits allegethat Mr. Bhandari’s real aim behind the petition was to “terrorise”the lower courts so that they did not function “efficiently, impar-tially and effectively.” Mr. Bhandari’s writ petition, the respond-ents believe “is on the instance” of those who do not want a freejudiciary in the State.

A preliminary objection to the maintainability of Mr. Bhandari’spetition alleges that the timing of his plea “leads to the inferencethat the petitioner [Mr. Bhandari] is working at the instance of thosewho did not get favourable orders from the High Court and whoseinterest the petitioner seeks to serve in a clandestine manner.”

The reply to Mr. Bhandari’s allegations is not limited to the pre-liminary objections. Also submitted in the High Court is a plea forprosecuting Mr. Bhandari for perjury, lying to the Court under oath.

The petition, being heard by the single Judge bench of Mr.Justice Suraj Mani Singh, was slated for hearing on May 13, butwas deferred to May 14 on the request on Mr. Bhandari’s lawyers.The hearing will decide whether the petition is to be admitted ornot and whether proceedings on charges of perjury should bestarted against Mr. Bhandari.

TURN TO pg 3 & 4 FOR DETAILS

ACTINGRIGHT

Yangthang Rinpoche, the DorjiLopen of Pemayangtse Monas-tery presides over prayers heldthere to invoke the gods andsanctify the newly constructedKani Lakhang.TURN TO pg 10 FOR DETAILS

a N

OW

! p

ic

PANCHAYATSURGED TO GET OVER

“MIDDLEMEN”SYNDROME AND

BECOME “LEADERS”

PANCHAYATSAMMELAN

2003

Apart from passing some im-portant resolutions, thePanchayat Sammelan held inGangtok on May 13 saw theChief Minister urge hispanchayats to become more“proactive.” Only after theygrew out of their mould of “mid-dlemen” between the govern-ment and the people could truedevolution of power to thepanchayats begin, he said.TURN TO pg 12 FOR DETAILS

2; NOW! May 14-20, 2003

42

GANGTOK MAY 14-20, 2003

ED-SPACE

SIKKIM MATTERS

NOW!Test For The Breast

A Bill passed in the Lok Sabha earlier last week is all setto rob Indian mothers of their fundamental right to choosewhat is best for their babies – exclusive breast-feeding ora supplementary diet of baby foods that contain all nutrientsrequired for a balanced growth. The Bill makes breast-feeding mandatory for the first six months, and says this“can” be continued for up to two years with a supplementarydiet. A Bill with similar intent has failed miserably in thepast. It is no secret that the Bill results from the centralgovernment’s sudden realisation that the World HealthOrganization directive to encourage breast-feeding needsto be forcefully implemented in a country where more than70 per cent mothers are undernourished or anaemic andgive birth to children who suffer from malnutrition. How theimplementing authorities [and who are they?] plan toimplement the Bill, when it becomes an Act, on motherswho themselves do not get food rich in nutrients isanybody’s guess.There is no doubt that the Parliament has been a bit high-handed on the issue. Instead of encouraging a woman tobreast-feed her baby and create an environment that is moreconducive to breast feeding, it has robbed the Indian womenof another choice. It has thrust breast-feeding on them. Thebenefits of breast-feeding need no reiteration and therewould be few mothers who deny their child their milk forreasons other than those that are justified. The present Billis largely unnecessary and serves only to antagonizewomen. After all, now, a mother who knows what’s best forher baby has to grapple with a government which wants toforce her to think and act in a particular way. This is definitelyoverstepping of jurisdiction.Interestingly, while the Parliamentary debate hovered aroundthe rural Indian woman and her destituteness which couldsee them committing a crime [not breast-feeding], truth isthat for mothers of rural India, breast-feeding is often theonly means of nourishing the infant. They do not need anylaw to force them to breast-feed their child, their poverty,which takes most supplementary diets available for childrenbeyond their reach, takes care of that. The legislation, byproposing to prohibit all kinds of advertisements andpromotion of infant milk substitutes and even feeding bottles,could go a long way in taking supplementary diets evenfurther beyond the reach of poorer mothers. In their ardourto enforce breast-feeding, our parliamentarians seem tohave forgotten that even children above the age of 6 monthsneed to be fed. And, more than just mother’s milk.One also wonders how the powers-that-be plan to implementthe proposal. Since mother-to-mother check is not possible,the only way out seems to be to make supplementary foodsavailable only on prescription. Not only will this lead to ahike in the prices of such supplementary foods, it could alsolead to a situation where some babies are denied anysupplement at all. Where is the mechanism to guard againstthis scenario? In the absence of advertisements, motherswill also be unable to tell a genuine product from spuriousconcoctions. This could only lead to further complications.And, how sane is it to make breast-feeding compulsory forsix months when working mothers are allowed only threemonths maternity leave. Unless all expecting mothers quittheir jobs or offices set aside rooms for lactating mothers tofeed their babies and a creche to take care of the babieswhen they are not feeding, this law will definitely be brokenall over the country. Of what use is a law which cannot beimplemented?There is no doubt that mother’s milk is best for the babyfor it is supposed to contain the right nutrients in the rightproportions. A mother not only passes nutrients, but alsoantibodies that are needed to bolster the child’s immunityin the initial years. The government should have shownsome flexibility as well as some consideration for thedemographic make-up of the country instead of goingahead with such a proposal. It is all right to stress theimportance of breast-feeding but what needs to be ensuredfirst is proper nutrition for the mother. For only healthymothers can feed healthy babies.

Article 371F Special provisionswith respect to the State of Sik-kimNotwithstanding anything in thisConstitution, -

(a) the Legislative Assembly of theState of Sikkim shall consist of notless than thirty members;

(b) as from the date of commence-ment of the Constitution (Thirty-sixth Amendment) Act, 1975(hereafter in this article referred toas the appointed day) -

(i) the Assembly for Sikkimformed as a result of the electionsheld in Sikkim in April, 1974 withthirty-two members elected in thesaid elections (hereinafter referredto as the sitting members) shall bedeemed to be the Legislative As-sembly of the State of Sikkim dulyconstituted under this Constitu-tion;

(ii) the sitting members shall bedeemed to be the members of theLegislative Assembly of the Stateof Sikkim duly elected under thisConstitution; and

(iii) the said Legislative Assemblyof the State of Sikkim shall exer-cise the powers and perform thefunctions of the Legislative As-sembly of a State under this Con-stitution;

(c) in the case of the Assemblydeemed to be the Legislative As-sembly of the State of Sikkim un-der clause (b), the references to theperiod of four years and the saidperiod of four years and the saidperiod of four years shall bedeemed to commence from theappointed day;

(d) until other provisions are madeby Parliament by law, there shallbe allotted to the State of Sikkimone seat in the House of the Peo-ple and the State of Sikkim shallform one parliamentary constitu-ency to be called the parliamen-tary constituency for Sikkim;

(e) the representative of the Stateof Sikkim in the House of the Peo-ple in existence on the appointedday shall be elected by the mem-bers of the legislative Assembly of

the State of Sikkim;

(f) Parliament may, for the purposeof protecting the rights and inter-ests of the different sections of thepopulation of Sikkim make provi-sion for the number of seats in theLegislative Assembly of the Stateof Sikkim which may be filled bycandidates belonging to such sec-tions and for the delimitation of theassembly constituencies fromwhich candidates belonging tosuch sections alone may stand forelection to the Legislative Assem-bly of the State of Sikkim;

(g) the Governor of Sikkim shallhave special responsibility forpeace and for an equitable ar-rangement for ensuring the socialand economic advancement of dif-ferent sections of the populationof Sikkim and in the discharge ofhis special responsibility underthis clause, the Governor of Sik-kim shall, subject to such direc-tions as the President may, fromtime to time, deem fit to issue, actin his discretion;

(h) all property and assets(whether within or outside the ter-ritories comprised in the State ofSikkim) which immediately beforethe appointed day were vested inthe Government of Sikkim or inany other authority or in any per-son for the purposes of the Gov-ernment of Sikkim shall, as fromthe appointed day, vest in the Gov-ernment of the State of Sikkim;

(i) the High Court functioning assuch immediately before the ap-pointed day in the territories com-prised in the State of Sikkim shall,on and from the appointed day, bedeemed to be the High Court forthe State of Sikkim;

(j) all courts of civil, criminal andrevenue jurisdiction, all authoritiesand all officers judicial, executiveand ministerial, throughout the ter-ritory of the State of Sikkim shallcontinue on and from the ap-pointed day to exercise their re-spective functions subject to theprovisions of this Constitution;

(k) all laws in force immediatelybefore the appointed day in theterritories comprised in the State

of Sikkim or any part thereof shallcontinue to be in force therein un-til amended or repealed by a com-petent Legislature or other com-petent authority;

(l) for the purpose of facilitatingthe application of any such law asis referred to in clause (k) in rela-tion to the administration of theState of Sikkim and for the pur-pose of bringing the provisions ofany such law into accord with theprovisions of this Constitution, thePresident may, within two yearsfrom the appointed day, by order,make such adaptations and modi-fications of the law, whether byway of repeal or amendment, asmay be necessary or expedient,and thereupon, every such lawshall have effect subject to theadaptations and modifications somade, and any such adaptation ormodification shall not be ques-tioned in any court of law;(m) neither the Supreme Court norany other court shall have jurisdic-tion in respect of any dispute orother matter arising out of anytreaty, agreement, engagement orother similar instrument relating toSikkim which was entered into orexecuted before the appointed dayand to which the Government ofIndia or any of its predecessorGovernments was a party, butnothing in this clause shall be con-strued to derogate from the provi-sions of article 143;

(n) the President may, by publicnotification, extend with such re-strictions or modifications as hethinks fit to the State of Sikkim anyenactment which is in force in aState in India at the date of thenotification;

(o) if any difficulty arises in giv-ing effect to any of the foregoingprovisions of this article, the Presi-dent may, by order (62), do any-thing (including any adaptation ormodification of any other article)which appears to him to be neces-sary for the purpose of removingthat difficulty:Provided that no such order shallbe made after the expiry of twoyears from the appointed day;(p) all things done and all actionstaken in or in relation to the Stateof Sikkim or the territories com-prised therein during the periodcommencing on the appointed dayand ending immediately before thedate on which the Constitution(Thirty-sixth Amendment) Act,1975, receives the assent of thePresident shall, in so far as theyare in conformity with the provi-sions of this Constitution asamended by the Constitution(Thirty-sixth Amendment) Act,1975, be deemed for all purposesto have been validly done or takenunder this Constitution as soamended.

ARTICLE 371FMay 16, Friday, is State Day. On this day, twenty-eight

years back, Sikkim merged with India. Article 371F was

inserted into the Indian Constitution outlining the

special provisions with respect to Sikkim. This Article

lays the conditions under which Sikkim became a part of

the Union. It is not wrong to suggest that it is this Article

which gives Sikkim its identity and guarantees its

survival. On the occasion of State Day, we reproduce

Article 371F below. Although self-explanatory on most

counts, there are many sections which are interpreted

differently. We stay away from opinions for now and

stick to the text...

May 14-20, 2003; NOW! 3

53

RECAP SIKKIMRECAP SIKKIM

JUSTICE DEFENDS

GANGTOK: The respondents in the Sikkim Sangram Parishad Vice-President, Hem Lall Bhandari’s writ petition accusing the Chief JusticeR. Dayal of “illegal drawal and appropriation of public money,” havechallenged the very “maintainability” of the writ petition and prayedthat it be dismissed “in limin with exemplary cost”.

Sources in the judiciary insist that the writ petition is not to “fur-ther” any public interest, but to “frustrate it at the instance of those whodo not want the High Court and the subordinate judiciary in the State towork efficiently, impartially and independently.”

The fact that the Mr. Bhandari’s petition filed on May 9, last Fri-day, “has no feet to stand on” is driven home by the fact that a nearidentical petition filed in the Supreme Court by one Gulshan Rai Nagpal,himself facing three criminal charges and two contempt of court casesin Sikkim and who jumped bail about a year back, has already been“dismissed as withdrawn” by the Apex Court.

Court documents reveal that the allegation that a government vehiclewas passed off as the Chief Justice’s private car are unfounded. The CJ didnot have an official vehicle provided to him till August 2002. Till then, hehad been using his personal vehicle and was hence eligible for conveyanceallowance in a practise also being followed elsewhere in the country.

Mr. Bhandari was perhaps confused by the fact that the earlier CJ’s“official” car [the one provided by the State Government] and the presentincumbent’s personal car [which was allotted the official number of theChief Justice’s vehicle] were of the same colour and make. The earliercar, being old [1990 model] and unfit for use by a Chief Justice, wasreturned to the State Government and was later allotted to the Joint Reg-istrar by the time Mr. Justice Dayal took office. His personal car [1994model] was then used as the official car until one was provided to him.

In a submission sworn to be the truth, Mr. Bhandari has also incor-rectly submitted that the vehicle was also used by the late Justice AnupDeb when in fact the High Court’s administrative documents revealthat the vehicle he used was not even of the same make.

The most serious allegation levelled by Mr. Bhandari is that of “tam-pering” of registration records of the vehicle in question to “depict” agovernment car as a private car.” Even this is dismissed by recordsavailable with the High Court which make it clear that no “tampering”was effected and that the vehicle was always recorded as the CJ’s pri-vate car and not made so on an afterthought. In fact, the vehicle waspurchased by the Justice in Kolkata in 1998 and brought to Sikkimwhen he was posted here.

As for the allegation of withdrawing housing allowance where nonewas mandated, the rules allow that such allowance be forwarded whena CJ resides in accommodation “unfit” to be declared the official resi-dence of a Chief Justice. The Bungalow at VIP colony allotted to Mr.Justice Dayal did not meet the specifications required and hence theState Government provided him with a housing allowance. The exist-ing official residence of the Chief Justice at Baluwakhani was alsodeemed “unfit” for the CJ since the structure was old and dilapidatedsince it lay vacant for close to 18 months since the last CJ left. Thebungalow at VIP colony was officially marked as a temporary arrange-ment and hence the allowance.

While the High Court’s arguments appear on sound ground, court offi-cials made respondents in the case are convinced that the petition should bedismissed at the admission stage itself since it is “not filed in Public Interest”.

“Rather it was filed to the detriment of public interest with falseallegations and activated by mala fide motive even when the matterhad got finality in the Hon’ble Supreme Court,” they contend.

So, why does the judiciary feel that the writ was filed in the first place?Informed sources maintain that an obvious intention is to jettison

the strides made by the judiciary in the delivery mechanism of justice

“A Publicity Interest Litigationin the garb of a PIL”

IS HEM LALL

IN CAHOOTS

WITH

NAGPAL?

The writ petition filed by HemLall Bhandari on May 9shares six paragraphs “in verba-tim” with the petition filed byGulshan Rai Nagpal [a personagainst whom unbailable warrantshave been issued in connectionwith three criminal cases and twocontempt of court cases in Sikkim]in the Supreme Court.

While the High Court’s deci-sion on the maintainability of Mr.Bhandari’s case was not deliveredat the filing of this report, Mr.Nagpal’s case was “dismissed aswithdrawn” by the Supreme Courton December 2, 2003.

Two more paragraphs of Mr.Bhandari’s petition are allegedly“modified” versions of a sectionof the Nagpal pliant.

Like mentioned earlier, Mr.Nagpal’s allegations, echoed withsome variation by Mr. Bhandari,found no takers in the SupremeCourt. Why this withdrawal is ofimportance in the present case isthe fact that PILs are not normallyallowed to be withdrawn. The in-ference drawn by many when itwas allowed to be withdrawn isthat the no person can “re-agitate”the same matter again.

Although Mr. Bhandari hasadded the charge of tamperingrecords to Mr. Nagpal’s doubleclaim of improper Housing Allow-ance and Conveyance Allowancereimbursements, the basic struc-ture of his petition hardly differsfrom Mr. Nagpal’s

The respondents in the casebelieve that “if clever drafting bymaking some differences in the re-lief is to have consequence of pro-longing the same controversy, therewould be no end to any controversyas by clever drafting, the contro-versy can be kept alive forever,which would be against the publicpolicy which requires finality.”

While pointing out that the pe-tition is mala fide since Mr. Bhandariis seeking to challange the validityof the notifications dated Decem-ber 15, 1998 in 2003 after the con-troversy was set to rest by the Su-preme Court, a respondent in thecase further alleges: “This necessar-ily leads to the inference that thepetitioner is working at the instanceof those who did not get favourableorders from the High Court andwhose interest the petitioner seeksto serve in a clandestine manner.”turn to pg 4 for details on perjurycase filed against Hem Lall Bhandari

in the State. When Mr. Dayal took over as Chief Justice in 1999, crimi-nal cases as old as thirteen years were pending. Now, such cases arebeing decided within a year and expeditious initiatives are plugging thevarious loopholes used to delay the legal process. This, obviously doesnot sit well with many who would want their cases to stretch out longer.The improved performance of the Courts, many feel, has “affected theinterests” of those “in conflict with the interests of the common man bydelivery of speedy and fair justice”. The only option left was intimida-tion, they feel.

“This petition has been filed with false allegations in order to in-timidate and terrorise the judicial officials of the State in an attempt sothat in their own interest they may deal with judicial cases to serve theprivate interest which the petitioner seeks to serve in the garb of PublicInterest,” a response to Mr. Bhandari’s petition reportedly reads.

The response goes on to level some even more serious allegationsand reportedly suggests: “The petitioner is a briefless lawyer so far asthe High Court is concerned and he has full interest in influencing thesubordinate judiciary by attacking the High Court in order to give themessage to the members of the judicial service that the petitioner canbring the judicial officers also in controversy and so they should workaccording to his wishes.”

The respondents also seem convinced that the writ petition is “prejudi-cial” to public interest since “the petitioner, at the behest of others, hasattempted to cause serious detriment to the independence of the judiciary.”

Senior observers also fear that the petition is a ploy to shake thepeople’s faith in what is seen as the last defence for the common man inthe present times.

“By maligning such a senior functionary with such obviously un-tenable charges, someone is trying to tarnish the administration ofjustice in Sikkim. Should people get taken in by the arguments andlose confidence in the judiciary, anarchy would prevail as people willstart taking law into their own hands if their faith in the judiciary isshaken. This can benefit only a few people,” said a senior member ofthe judiciary.

The very fact that the news of the petition was “planted” in a localEnglish weekly a day in advance is now being presented as proof thatMr. Bhandari was interested “solely” in spreading “adverse publicityof the High Court” and was not ventilating public interest as he claimed.

The news of Mr. Bhandari’s petition was first flashed in an editionof a local English weekly dated May 9. Interestingly, it was not until thesecond-half of the same day that the petition was actually filed.

“The fact that the petition has been filed motivatedly for glare ofpublicity can be made out from the fact that although the writ petitionwas filed in the afternoon on 9.5.2003, a local English weekly of 9.5.2003carried the news article in its front page stating that the same had beenfiled on 8.5.2003, thus clearly indicating that the article had been plantedone day in advance for being published for the purpose of maligningthe office of the Chief Justice,” one of the respondents has reportedlysubmitted.

Mr. Bhandari’s hurry to approach a newspaper “when even the newswas not born” is now being hurled back at him as his filing of a “Pub-licity Interest Litigation” in the garb of a Public Interest Litigation thathe claims his petition to be.

Senior functionaries of the judiciary further point out that the factthat the entire exercise is nothing but a publicity stunt to browbeat thelower judiciary is borne out by the fact that Mr. Bhandari had not re-turned to the High Court to find out the dates set for hearing the caseand had instead called Press conferences to announce his petition. “Anylawyer who files a petition checks routinely on the dates set for hearinghis plea. Mr. Bhandari never returned after May 9 and we had to deputea peon to serve him the dates,” revealed a judicial functionary.

The petition comes up for hearing on the date of filing this report[May 13, Tuesday].

ALLEGATIONS A PLOY TO INTIMIDATE AN INDEPENDENTJUDICIARY, CLAIM COURT OFFICIALS

by PEMA WANGCHUK

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HEM LALL ACCUSED FOR PERJURY

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GANGTOK: The Chief Ministerhas proposed that the 12 percentfree power that the State will re-ceive with the commissioning ofthe 510 MW Teesta Hydro-elec-tric Power Project Stage-V be usedto attract prospective investors toset up industrial units in the State.

Mr. Chamling said this at areview meeting of the Power De-partment, which was held at hischamber in the State Secretariathere on May 9. He said that the 12percent free power could be usedto provide cheap power to indus-trial units, which will in turn gen-erate allied activities and boostlocal employment and economy.

The CM directed the depart-ment to take up new schemes andprojects only if they were viable,with production and generatingcosts reasonable and competitivewith national rates.

He also stressed that the focusshould be on improving the exist-ing power infrastructure in theState. He said that the departmentshould now concentrate onupgradation of transformers andtransmission lines and carry outextensive repair and maintenanceof existing lines.

“This effort will help in avoid-ing frequent power failures andloss during transmission and dis-tribution. Continuous power sup-ply is also essential if we want totake the State towards industriali-zation,” he said, adding that nocompromise should be made onthe quality of work executed. Mr.Chamling asked the department toensure that the installed capacityof all commissioned powerprojects are utilized fully.

He further said that all on-goingschemes of the department should becompleted within three months and

GANGTOK: Not satisfied withjust pleading for the dismissal ofHem Lall Bhandari’s writ petitionalleging inappropriate conduct bythe Chief Justice of the SikkimHigh Court, the Registrar Generalof the High Court, made a respond-ent in Mr. Bhandari’s petition, hasmoved the Court to “prosecute” Mr.Bhandari under section 193 of theIndian Penal Code on charges ofperjury [lying under oath].

The Criminal Misc. Applica-

tion filed by the Registrar Generalaccuses Mr. Bhandari of “inten-tionally making false allegations”against the Chief Justice. Theseallegations, the Application con-tends have been levelled “to bringthe High Court in disrepute so thatthe judiciary in the State may notfunction smoothly, independentlyand without fear.”

The Registrar General submitsthat “it is not necessary to takeaction in respect of all the falseallegations and it would be suffi-cient if action is taken in respectof false allegations concerning the

drawal of conveyance allowanceby the Hon’ble Chief Justice.”

Mr. Bhandari has alleged thatthe Chief Justice drew conveyanceallowance by showing the officialcas his private car. He also allegesthat the record of registration ofthe said car have been tampered.

The vehicle in question was infact the CJ’s private vehicle beingused for official purposes, Courtdocuments reveal [see A PublicityInterest Litigation in the garb ofPIL, on pg 3 for details].

The same confusion had alreadybeen cleared in a similar petition

[since dismissed as withdrawn] filedin the Supreme Court in 2002. Thepresent Application contends thatMr. Bhandari, since he was awareof the contents of SC petition,should “necessarily” also be awareof the counter affidavit filed in thatcase. He still went ahead and filedthe same allegation and should thusbe “prosecuted for intentinally giv-ing false evidence in respect of theallegations,” the Registrar Generalpleads, since Mr. Bhandari “knew”his allegations to be “false”.

While reiterating the plea toprosecute Mr. Bhandari for perjury,

the Application, which comes upfor hearing on May 14 [since thehearing was deferred by a day onthe request of Mr. Bhandari’s law-yers], goes on to stress that “suchaction is imperative in order to en-sure that the dignity and majesty ofthe Office of The Hon’ble ChiefJustice, the Hon’ble High Courtand the entire judiciary is not ad-versely affected at the instance ofpersons who want the judiciary tosub-serve their personal interest tothe detriment of public interest andin order that the faith of the publicin the institution of justice deliverysytem is kept intact.”

The crime of perjury reportedlyattracts a sente nce of seven years.

APPLICATION ACCUSES HEM LALL OF “INTENTIONALLY MAKINGFALSE ALLEGATIONS” TO BRING HIGH COURT TO “DISREPUTE”

a NOW REPORT

proposals for new schemes should betaken up on priority basis and the pro-posals submitted to the Cabinet forapproval by June 9, 2003.

The department informed theCM that the 3 MW Lachung ChuMicro Hydroelectric Project wouldbe completed by 2005, along withthe 3 MW Ravong Chu, while the 6MW Relli Khola and 5MW RongliChu Micro Hydroelectric Projectswould be completed in 2006.

The department registered anincrease in the revenue realisation,which has gone up from Rs. 8.24crores in 1999-2000 to Rs. 13.31crores in 2002-2003. The ChiefMinister, while expressing satis-faction over the increase, hopedthat the department will be able tomeet the target of Rs. 15 crores forthe current financial year.

The Minister for Power,Hishey Lachungpa, and Secretary,Power Department, DP Kharelwere also present at the meeting,along with the Development Com-missioner and the Principal Sec-retary, Finance Department.

During a similar review meet-ing with the Rural DevelopmentDepartment, it was decided to pro-vide Rs. 2 crores from the Non-Plan fund for the repair of bridges,water supply lines and Panchayatghars. Decision was taken to con-struct ten panchayat ghars and onemulti-purpose community centerin each constituency in the Stateduring the current financial year.These community centers andPanchayat ghars will be providedwith all basic amenities like librar-ies and reading rooms.

Under the Jawahar GramSamridhi Yojna, 166 Panchayatswill be provided with Rs. 2 croresfor avenue and community plan-tation programme, setting up nurs-eries and repair of water supplynetwork. An amount of Rs. 20crores has been earmarked for pro-

viding potable drinking water tothe villages by the government forwhich the department has beenasked to submit a need-basedscheme for the Cabinet’s approval.

Roof water harvesting will betaken up in semi-arid and dry ar-

eas on priority basis. Chungbong,Lungchok, Assigthang, Chakung,Phalidara, Lunkya, Rong, Vasmay,Tarpin and Mapang in the Westand South Districts have been se-lected for this scheme for the cur-rent financial year.

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May 14-20, 2003; NOW! 5

5

ON-RECORDON-RECORD

Why has it taken so long for Sikkim to geta museum of its own?It is a shame actually. Every state has at leasttwo museums but Sikkim, in spite of its richcultural heritage, has nothing to show forit. Although talk of starting a museum hasbeen going on since 1976, nothing materi-alized till recently. Many sites were pro-posed, from the old children’s park to theAIR quarters at Arithang, but none wereappropriate. We have now been allotted theWhite Memorial Hall and work has begunto convert it into the state museum.Is White Hall the right place for a museum?Whitehall is ideal for a number of reasons. Itmeets all the requirements of the museumpolicy. Apart from being a historical monu-ment, it is also easily accessible. There isenough parking space and also a garden likenational museums do. From the security pointof view, it cannot be better located being rightnext to Mintokgang and also the palace.

What about the dispute between other de-

partments about the place?There is no dispute. We have been allottedthe place by Cabinet approval to set up amuseum there. The others have to vacateand make place for us. This is not a matterbetween one department or the other, but amatter of pride for the state. But having saidthat I must admit that the main hall is beingused as a thoroughfare. We cannot start ourwork until we are in possession completely.At present we have two halls and threerooms upstairs but we can go on develop-

ing and have future extensions. We are readyto start the museum immediately providedwe are given the place.Do we have the required technical exper-tise to start a museum?Designing and running a museum calls fordifferent technical expertise. Sending a per-son for training for a year is not enough. Wehad asked the National Museum to send us amuseologist but they have asked us to createa post first. This we could not do. Now wehave an agreement with Mr. OP Agarwal, Di-

rector General, Indian National Trust for Artand Cultural Heritage (INTACH). He is alsothe winner of the ACROM award which isthe highest award in the field of conserva-tion. Dr. Usha Agarwal, who is MuseumDirector with the Indian Council of Conser-vation Institute (ICCI) will also guide us.

What kind of funds will you need to startthe museum?The Culture Department is funding the mu-seum. At present we have kept a token budgetof Rs. 5 lakhs. Dr. Chodenla T. Mishra, JointSecretary, Department of Culture, Govern-ment of India has given verbal assurance thatthey will financially assist us in not only es-tablishing the museum but also in setting uparchives and archaeology sections.

What will be the exhibits that you are plan-ning to display?Sikkim has great traditional wealth and an-cient artefacts so there will be enough itemsfor show. We plan to make models of tradi-tional houses of different communities anddisplay them. Some of this kind of architec-ture is dying now. We will make models ofhistorical places like the Labrang monastery,which is unique but in a very fragile state.We will also display traditional costumes andancient artefacts. Even a coin gallery, whichwill have coins from all over the world. Aseparate section on archeology and prehis-tory is also planned. A museum like this willnot only attract the tourists but also be of greateducational value for students.

PATH FINALLY CLEARED FOR SIKKIM’S OWN MUSEUM

“The museum will not only attracttourists, but will also be of greateducational value for students”

In spite of a rich cultural herit-

age and a wealth of traditional

artefacts, Sikkim does not have

a centre to showcase these.

But all that is to change soon.

The State Cabinet has ap-

proved the setting up of a full-

fledged State Museum at the

White Memorial Hall, Gangtok.

CHUMDEN NANGPA, Joint Secre-

tary, Department of Culture,

who has tirelessly worked

towards conservation of the

State’s artefacts speaks to

MITA ZULCA about Sikkim’s first

State Museum...

CHUMDENNANGPA,Joint Secretary,Department ofCulture, speaksto NOW!

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GANGTOK: Enchung Loday Bhu-tia, a 65 year old artist from TashidingGumpa won the State Award and acash prize of Rs. 10000/- in the re-cently concluded artisan’s competi-tion, held by the Directorate of Handi-craft and Handlooms for his excel-lent work in stone carving.

The 65 year-old artist has livedat the Tashiding Monastery fordecades and has almost single-handedly carved all the stone in-scriptions there.

The selection of awards washeld in Gangtok on May 7, 2003.A total of 27 participants from thefour districts of Sikkim took partin the competition. The variouscategories in which the partici-pants showed their skill were car-pet weaving, metal works, stonecarving, bamboo and cane, woodcarving, handloom etc.

Out of these various catego-ries six were selected for entriesfor National Awards 2002.

Asha Maya Gurung of Burtuktook the second place for her skillin carpet weaving. Various consola-

65-year-old is Sikkim’sbest artisan

tion prizes and certificates of appre-ciation were also given out. The se-

lections for the National Award 2002are to be held in June at New Delhi.

a NOW REPORT

Enchung Loday Bhutia at his workspace at tashiding Monastery, West Sikkim

6; NOW! May 14-20, 2003

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GANGTOK: A fresh batch of po-lice officers selected from Sikkimfor the UN Mission as PeaceMonitors in Kosovo have left forthe pre-induction training at ITBPDelhi. After completion of thistraining they will head for Kosovofor a period of one year.

NOW! managed to talk withsome of these police officers be-fore they left town.

“I am feeling very excited. Itis a new experience for all of us,”said Ongmu Bhutia, OC Mangan.Her enthusiasm was equallyshared by her colleague TashiLenday Bhutia, an SI, who saidthat she was very “happy, excitedand totally prepared to face all thechallenges ahead.”

“The examination part was themost grilling session. I am glad we allgot through and though I will miss mywork here I am also looking forwardto serving in Kosovo,” said SDPO

Norbu was 38 years old. A recover-ing addict, he was admitted toSTNM Hospital here followingcomplications arising from undefined fe-ver and stomach ailments. In hospital foreleven days, Norbu showed no signs ofimprovement. He died on April 27, 2003.

Sounds like any other unfortunate pa-tient. But today, Norbu’s friends and thosewho cared for him during his stay in hospi-tal are levelling serious charges of negli-gence on the doctors of STNM Hospital.

“They left him to die in the most mis-erable way. They refused to even comenear him, fearing, he was HIV positive,”recollects a friend who refuses to be iden-tified for obvious reasons.

According to them, the doctors weretoo scared to come near him and treatedhim with contempt for being an addict.“The fact that he was a recovering addictwas obviously lost on them,” they contend.

In fact, an anonymous letter in a localweekly says this about the case: “On 27April, the Recovering Fellowship had totaste the bitter experience and yet ‘accept’the fact of a surprising death of a recover-ing addict... he took his last breath in thehospital bed. He was in fact, left there todie the death of an untouchable. It wasthere he survived for 11 days facing con-tempt from those who were supposed totake care of him.”

Norbu was also made to undergo an HIVtest when the doctors could not diagnose hisillness. The test results came negative. Thiswas on April 26 and by the next morning, it

did not matter. Norbu was beyond the realmof earthly judgements. He passed away at 6:55AM the next morning just as his parents werepreparing to take him away.

NOW! spoke to the doctors at STNM,who vehemently denied the above charges.

“Yes, we conducted an HIV test on himand it came out negative. But it is totally wrongto say that the doctors were afraid of goingnear him. All our doctors and nurses are trainedand sensitised towards handling HIV cases.In fact, HIV cases are not supposed to be keptin isolation and are treated normally in thegeneral ward. We regularly have AIDS aware-ness programmes and this kind of allegationsjust cannot be true,” says Dr. Yogesh Verma,Senior Pathologist, STNM.

The Health Secretary, Dr. TR Gyatso,when queried on the allegation maintainedthat it could not be true since his doctors

were also caring for “fully blown” AIDScases without any complaints.

This might be so, but what Norbu facedwas not so much ignorance on AIDS as itwas the society’s judgemental streak whichlooks at suffering addicts [recovering or oth-erwise] as people who “deserve it”.

AIDS and drugs awareness pro-grammes may be a common feature at thehospital, but how well does this percolate.According to Norbu’s friends, attendants onduty would get angry when asked to attendto the patient.

Getting emotional when asked to re-count their experience, they say, “He wasdenied dignity even in death. Why? Justbecause he was an addict and so automati-cally, also an HIV suspect. They did not carewhether he lived or died.”

Dr. Namgyal T. Sherpa, who was one ofthe doctors attending to the patient, when

contacted said, “The patient was in a badstate when he came here. He had severefungal infection. How can anyone say thenurses did not attend to him? You can checkthe hospital records. He was regularly givensaline drips and medicines. As for doctorsnot going near the patient for fear of HIV,its too ridiculous to even respond to. Wetreat patients suffering from Hepatitis C andB which are far more infectious.”

The consultant medical specialist goeson to add: “If people have any specificcomplaints against a doctor or nurse, theycan write to the Department for redressal.Going to the Press with general allegationswill not help anyone.”

It is beyond the purview of this articleto determine guilt in this particular episode.What is, however, apparent is that addictsand recovering addicts have to live with astigma which does not help their attemptsat rehabilitation. Prejudice against addic-tion is something that demands a behav-ioural change in the society. That thischange should come first among the medi-cal fraternity needs no further stressing.Norbu might not have been a victim of ne-glect, but did live and die with the stigmaof having been an addict.

A 38-year-old recovering addict died at STNM Hospital on April 27.

While friends who were with him in his final moments insist he

was “neglected” because being an addict automatically made

him HIV suspect, doctors insist there was no such discrimination.

The allegations and denials notwithstanding, the incident should

get us thinking on how the society views and handles addiction.

MITA ZULCA with more

ADDICTION, THE STIGMA WHICHHAUNTS EVEN IN DEATH

RECOVERING ADDICT DIES - FRIENDS ALLEGE NEGLECT, DOCTORS DENY

Gangtok, DSP Sonam Gyatso.Three SIs - Eden Subba,

Bishal Rai and Kushal Gajmer arethe other police officers in thepresent batch.

“Besides monitoring peace inKosovo they are also required todo a bit of police work,” informsDIG [Range], SD Negi.

Even as the present batchleaves, the next set of Peace Moni-tors selected from Sikkim com-prising of Karma Chidup Bhutia[SI], Karma Loday [DSP, Vigi-lance], Pratap Pradhan [ADC toGovernor] and Sridhar Rao. It wasfurther learnt that these officerswould also leave for training dur-ing the month of September.

Sikkim Police personnel werefirst picked for UN Peace-Keepingmissions in 1997 when a set of fourleft for Bosnia Herzogovina. Sincethen 17 local cops have patrolledthe streets of Bosnia, 12 have main-tained law and order in Kosovoand another 12 has served in Si-erra Leone.

extrasINSIDE SMOOTH

OPERATOR DIAL-A-CABCHICKEN

ANYONE?

a NOW REPORT

Fresh batch of Sikkimese

Peackeepers leave for

Kosovo tour-of-duty

May 14-20, 2003; NOW! 7

15

FROM-THE-SPOTFROM-THE-SPOT

KEWZING: When the Depart-ment of Health conducted a surveyway back in the 70’s and early 80’sit was found that nearly half thepopulation of Sikkim was suffer-ing from Goiter with the rate of Cre-tinism alarmingly high at 4 per cent.

Goiter and Cretinism arecaused due to iodine deficiencyhence the Department launchedthe Iodine Deficiency DiseaseProgramme in 1984 and by 1985

LEGSHIP: Rivers are an integral part of the Sikkimeseethos. As most ethnic societies, the snow-fed streams andrivers of the State have given birth to numerous folk-lores,the vibrancy in the culture and traditions of the differentethnic communities and the richness in the biodiversity.

Teesta and Rangit are synonymous to Sikkim and theindigenous Lepchas and Bhutias hold them in high rever-ence and consider its water sacred. For the people of Sik-kim, these rivers are not just sources of water - they aretheir very identity.

Both the Teesta and the Rangit descend from a height ofmore than 6,000 metres. The cascading waters of the tworivers and their “great” descent offer huge potential for hy-droelectric generation. The combined hydel potential of therivers of Sikkim has been pegged at about 7,000 MW.

But we are not here to talk about the hydro-power po-tential of the rivers of the State. This article is an attempt tolook at the social and environmental impacts that dams havehad, especially that of the 60 MW Rangit Hydro ElectricPower Project at Legship.

The Rangit river originates from the Rathong Glacierin West Sikkim and is joined by numerous small rivuletsbefore it finally joins the Teesta near Melli. It flows throughthe sacred areas of Yuksam and Tashiding, where GuruRinpoche is said to have concealed sacred treasures. Atthe base of the Tashiding hill, Rangit is joined by theRathong Chu river.

The 60 MW Rangit Hydel Power Project, a project ex-ecuted by the NHPC was commissioned in February 2000 afterspin trial in December 1999. The Rangit Project is situated nearLegship, at the confluence of Rathong Chu and Rangit.

At the time of execution, the Rangit Hydel Power Projectwas the biggest project of its kind in the State. The project, arun-of-the-river scheme located 362 metres downstream of theconfluence of the Rangit and Rathang Chu, was to contributegreatly to the economic development of the State, until it wasovershadowed by the 510 MW Teesta Project at Dikchu-Sherwani. The project was completed at a cost of Rs. 492 crores.

The Project, in operation for the third year now, is cur-rently generating about 10 percent more than the installedcapacity of 60 MW. The powerhouse was synchronized tothe Eastern Grid in February 2002. It was now generatingabout Rs. 82 crores worth of power annually. This will riseto Rs. 100 crores in the coming years. The Sikkim Govern-ment is receiving 12 per cent of the generate power free.

Commissioned during the previous Bhandari govern-ment, the project took off without much protest from eitherthe locals or the environmentalists, although a small groupof people from the area had raised muffled concerns. Afternearly a decade, the impact has started to show.

The portion of the Rangit that passes through Legshiptown from the dam site till the powerhouse at Sagbari onthe Legship-Jorethang road has virtually dried up. The oncecascading waters of the Rangit are now reduced to a rivu-let so small at some places that a small child can easilywade and cross it to the other side. Indigenous varieties offish have obviously disappeared and the surrounding land-scape has undergone a drastic change.

Locals blame the low discharge of water from the res-ervoir at the dam site for the present state of affairs.

“Since the rivers are snow-fed, the level of the waterautomatically decreases during the winter months. A cer-tain amount of water is stored in the reservoir and the level

DAMMED OUT OFEXISTENCE

The dry-as-a-bone Rangit riverbed as it snakes outof the damsite at Legship. Puddles remain wherea river once flowed.

has to be maintained during the lean seasons to adequatelyrun the turbines. Therefore, hardly any water is dischargedinto the river. This is killing the river,” a resident of Legshipsaid on the condition of anonymity.

The blame is falling on NHPC, for failing to dischargeadequate amount of water into the river from the reservoir.In fact, environment strictures make it mandatory for damsto adequately maintain the permissible level of water inthe rivers after it has been dammed.

The damming of rivers have major adverse impacts onthe aquatic ecosystem, by the way of construction activities,including the diversion of the river through a tunnel. Vulner-able species, with either limited distribution or low tolerance,could become extinct even before the dam is completed.

The blocking of a river and the formation of a lakesignificantly alters the ecological condition of the river,adversely impacting species and the ecosystem. There arechanges in pressure, temperature, and oxygen levels and

even in the chemical and physical characteristics of thewater. Besides, by interrupting the flow of the water, eco-logical continuity is broken. This is most obvious in thecase of those species of fish whose passage up to their breed-ing grounds is blocked by the dam. Many other species getaffected too, when the level of the water in the river is dras-tically reduced during the dry season when low volume isdischarged into the river from the reservoir.

Dams also drastically impact the biodiversity down-stream. By interfering with a river’s flow, dams adverselyaffect downstream flora and fauna. There is a popular mis-conception that since dams supplement dry season flowsand only partially curtail rainy season flows, their impactdownstream is negligible or even, sometimes, positive. Infact, riverine ecology needs heavy rainy season flows, as itis during this time that many fish species breed. By curtail-ing the rainy season flow, the dam inhibits the ability of theecosystem to regenerate itself.

Heavy monsoon flow also acts as a flush for the river-bed and river mouth, clearing them of accumulated silt,garbage and stale water. The absence of such a flow cre-ates significant problems downstream and decreases thecapacity of the riverbed to accommodate peak flows, lead-ing to larger floods in the case of cloudbursts or suddenreleases of water. Also, a large proportion of the nutrientsthat flow down the river and form an essential part of thefood-chain of the river’s ecosystem get trapped by the damthereby starving the ecosystem.

The variations and reduction in water flow in the riveradversely affects water availability downstream. It also re-sults in the increased concentration of pollutants down-stream, especially during dry season. The impact of damsdoes not stop here. In those river valleys where farmersrely on the annual flood to irrigate their crops and to bringthe nutrient-rich silt that fertilizes their land, dams can havea disastrous impact. Held back by the dam, neither the floodnot its precious silt reaches the flood-plains downstream,jeopardizing the livelihoods of thousands of farmers. Down-stream fisheries too are affected.

The Rangit has already started to show the provableimpacts that dams have on rivers. The local people of theSouth-West Districts are already feeling the pinch, althoughthe moans are barely audible. The taming of the Teesta isalready on; with five more dams to be built across the mightyriver that has till today nourished and sustained the State,her people and their rich and vibrant culture and traditions.

It dos not take much to snuff out a riverine system which has evolved over millions of

years. Just a dam will do the job, as SARKAH ATREYA finds out while focussing on what a

60MW “run of the river” hydel project has wrought on Rangit...

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Viva Voce ExaminationVIVA VOCE EXAMINATION FOR THE POST OFGRADUATE TEACHERS UNDER ‘SARVA SHIKSHAABHIYAN’ FOR THE EAST DISTRICT IS SCHED-ULED ON THE 17 MAY 2003. LIST CONTAININGTHE NAMES OF SELECTED CANDIDATES ISHUNG ON THE NOTICE BOARD OF THE EDUCA-TION SECRETARIAT. CANDIDATES ARE DI-RECTED TO REPORT FOR VIVA VOCE ON THE17 MAY 2003 AT 10:30 AM AT THE STATE INSTI-TUTE OF EDUCATION, TATHANGCHEN,GANGTOK ALONG WITH REQUIRED DOCU-MENTS IN ORIGINAL. NO CLAIM FOR RE-INTER-VIEW WILL BE ENTERTAINED IF FAILED TO AP-PEAR ON THE SCHEDULED DATE AND TIME.

JOINT DIRECTOR OF EDUCATION (EAST)

the whole State had been covered.Dr. TR Gyatso, Secretary

Health informs that this programmewas launched to ban the sale of com-mon salt in the state.

“Our water lacks iodine and sothe only way to supplement it is totake iodized salt in our diet. Today,Sikkim receives only iodized salt,”he said. The doctor further addedthat this programme has been verysuccessful in Sikkim and has evenbeen an exemplary case as a sur-vey carried out in 1999 in South

Sikkim [where iodine deficiencywas highest] revealed that the inci-dence of Goiter cases had comedown to 16 per cent and incidenceof Cretinism down to 1 per cent.

This year, the IDDP will beheld at Kewzing and is scheduledto continue for a beginning on May11. The Secretary further informedthat IDD officers will sensitize thepeople on the importance of iodisedsalt at this programme. The doctorfurther stated that Sikkim receivessalt from Bhawnagar, Gujarat andall the whole sellers and food offi-cials have already been sensitized.

a NOW REPORT

Battle against Iodine deficiencyshifts to Kewzing

8; NOW! May 14-20, 2003

16

DESPATCHESDESPATCHES

A spectacle monopolisedThe camera’s eyes on choice dis-guisedWas it cast for the mass who burn andtoil?Or for the vultures who thirst for bloodand oil?

(from “Testify” by Rage AgainstThe Machine)

A more intemperate gesture that amarine could not have indulged inwas to wrap for a brief moment(now dilated infinitely by TV) the face ofSaddam Hussein in the Stars and the Stripes.A photo-op not entirely to the liking of thePentagon or other vested interests who areat the moment on some kind of a militaryand moral high what with all the electronicgizmos at their disposal to bring down thecasualty figures in the conflict to the samelevels that may perhaps occur if an Algarabound jeep was to fall off the 16th Mile S-golai. However that gesture was sympto-matic of the Hollywood level farce that isbeing enacted in the name of a just and lib-erating war.

To begin with, what is quite worth tak-ing note of is the fact that there should be aStars and Stripes readily available like somedrama prop for an emotional marine to wraparound the capital end of the bust of a buc-caneering Arab that his own governmenthelped to give the status of a desert DonCorleone. And that there should be a kindof a second thought (which those of us

MONOPOLISING DEMOCRACYTHE AMERICAN EXPERIMENT IN IRAQ

watching CNN at that very juncture musthave heard being echoed by commentatorsreluctantly trying to couch their commentsin that vegetarian garb of neutrality) to re-place it with an old Iraqi flag, now not toblindfold the already bewildered monolithbut to wrap it around the neck like somesissy- scarf or a noose. This was, I guess,the real triumph of the American machinethat there should be in war infested Iraq,people with a sense of television, (a sensethat can only come from spending hourswatching the spateof reality TV showsthat reduces thespectator to a vo-yeur) to project tothe world an instant digitised reality of adissenting category of people who will notmind the smoke and horror of war at theirdoorstep to jump up and down a symbolicstatue to make a symbolic point.

Of course the Americans are past mas-ters at using anything and everything to de-feat their enemies. Reagan for example usedthe Star Wars programme to bankrupt thesocialist Soviet Union out of existence.Communist China, taking a cue from thatexample, is forced to sucker up to their capi-talistic antitypes knowing fully well thatmoney is more potent a weapon than ideol-ogy to win wars.

The same tactic is being used by GeorgeBush to bring North Korea down to its heels,a ploy that would not have worked in Iraqor Libya- oil rich countries which in the long

run would have had the economic staminato sustain that kind of an American on-slaught.

It is, I guess, a prerogative of a super-power to always seize the initiative whetherit be on the ground or air or the cyberspace.It is no surprise then that they should be theones on the moral high ground with theloaded presumption to inflict upon thecountless millions opposed to the conflictthe pejorative title of a ‘focus’ group. Thatthey should make the Faustian bargain tospend their best brains perfecting weaponsystems that will kill with the cold, stylish

detachment thatpressing a buttonentails. And nowwhen all the smokehas cleared and the

victors, notwithstanding the fact that thiswas a 21st century war fought with futuris-tic weapons, go through that medieval mo-tion of sharing the spoils we realise whatthis war was all about.

The first hint of this came when the ma-rauding American troops instead of mak-ing things a little easier for the peoplethat they set out to liberate made it theirtop priority to secure the oil wellswhile Baghdad burned, caught in theanarchic helter-skelter of their newfound freedom.

However America with perhaps thelargest number of think tanks per squaremile came out with another very prob-able face saving explanation, one thatattributed their apparent laxity inbringing order in Baghdad, to this

rather ridiculously altruistic notion - that theIraqis were allowed to loot plunder and van-dalise so that they could vent their pent upfrustrations.

A more sinister reason could be that itsuits the purpose of the capitalistic vulturesif Iraq was reduced to stone age as rebuild-ing it would, on the one hand, give Ameri-can Corporations big business for a longtime and, on an equally cynically note, thedollars that the Iraqis get from selling theiroil will at least for a considerable length oftime not be available for buying some out-rageously expensive weapons which theAmericans anyway are inevitably going tosell to some dictator that they are inevita-bly going to prop up in some distant future.

It is then no wonder why the hawks atWashington call this one the American cen-tury. After all they have managed by someUnited Nations scale gerrymandering to ex-port democracy and weapons at the sametime and that too with a clear Christian con-science thatGeorge Bushclaims he has.

VISITORSGALLERYPRAVEEN MOKTAN

One of the evils of coalitionpolitics is the politics ofappeasement. Trying toaccommodate everyone in the cor-ridors of power not only results inthe promulgation of mediocre poli-cies but also in ministries contra-dicting each other. This is due tolack of harmony among the manyministers as also due to the fre-quent changes in the cabinet.

It is the case of the fish get-ting too big for the pond. Thecouncil of ministers grows too bigto justify the size of the Assemblyand efficient and coherent policyformulation and governance getscuttled. A lean cabinet is the es-sence of efficient governance. Thesize of the Union Cabinet is ex-traordinarily large by any stand-ards, and seems wholly pointlessand wasteful when viewed in lightof the efforts at economic reforms.

If approved by the Parliament,the proposed laws to stop defec-tions and limit the size of the cabi-nets should introduce a measureof sanity to the country’s politicallife. The anti-defection law has be-come something of a joke and it’shigh time that it was amended.

The proposed amendment tothe Representation of Peoples Actto limit the strength of a council ofministers to 10 per cent of thenumber of members of Parliament

DEEPFOCUS

RANJIT SINGH

� LETTERSSome More Of The Same

or an assembly appears promising.This proposal follows from a rec-ommendation of the national com-mission for the review of the work-ing of the Constitution and can beuseful in the state assemblies inmany of which, the council of min-isters comprise up to 50 per cent ofthe house, which is an absurd pro-portion from the point of view ofefficiency and accountability. It hasbeen proposed that in assembliesof small states, comprising 60members or less, there would be atmost seven in the council of minis-ters including the chief minister.

Under the existing law, onlythose defections which added upto a third of the membership of aparty’s legislature wing was per-missible. The idea was to makefloor crossing somewhat difficult.Instead of this charade, any viola-tion of the party whip will nowentail expulsion from the House.This suggestion has long been inthe air since it was believed that aperson switching his allegiance toa new party should return to his

electorate for a fresh verdict. Butit was never implemented becauseparties found it convenient to addto their numbers by luring legisla-tors from their rivals.

Now that no ministry can belarger that 10 per cent of the totalstrength of the House the abilityof the parties to entice newcom-ers will be limited.

Knowing Indian politics andpoliticians it would only be fool-hardy to expect the new amend-ment to work wonders for the pol-ity. The new amendment insteadof making necessary reductionswill probably add nicer nuances inportfolio multiplication.

Coalitions are strung on thethread of promised plums, and alimiting of ministerial portfoliosmay well put the leading politicalparty in a tight spot. A governmentof 10 ministries, like that of Japan,for example, which puts economy,trade and industry under one head,cannot be expected in India. It willnot only mean that fewer peoplecan sit in council, but also that thehuge numbers of personnel in thedepartments under the variousministries will have to be drasti-cally cut down.

What we can expect from theimplementation of the new amend-ment, if implemented at all, issome more of the same.

Lost, by Chetan Raj Shrestha[featured in litNOW!, Extras,NOW! issues date May 7-13,2003] is the most marvelous pieceof creative writing that I havecome across in recent times. I re-ally enjoyed it. It’s an unbelievablebut true hypothesis. The all roundprogress in line with the recentR&D manifesting the possibilitiesof enabling one remain traditionalwhile incorprating change and de-velopment. The vision of Sikkimby 2008, if it really happens to fol-low the trajectory proposed in“Lost” could be one where no bodylags behind. Tourism, the only rayof hope and an ultimate means ofearning in Sikkim is interpretedmaginificently through “Lost” onthe one hand and the recepient ofPadma Shri, Danny Denzongpa,on the other hand with his obser-vation of lack of infrastructurein an interview in the same is-sue. Both hope and despair ap-pear balanced in NOW!, whoknows what actually will be thefate of Sikkim.

I say this because:Sikkim falls in risk zone IV

which means that so much as atremor could send panic across theworld. There is also the govern-ment’s ambition to project the con-cept of model villages in a hope to

bring development alongwithpreservation of tradition. In-creased terrorist activities allaround us makes Sikkim suscep-tible to unrest and tension. Poli-tics with its present flavour ofcommunalism could affect the fu-ture generations. The State’s ca-pacity to provide employment issaturated. Agriculture is suffringwith yield going down and avail-ability of land decreasing.

There are lots of possibilitiesfor Sikkim and at the same time,mishaps could happen. Only Godknows what will happen. We, inthe meantime, can only hope forthe best and prepare for the worst.

Thanks NOW! for “Lost.”Congrats CR Shrestha, you havetruly won my heart!Dilip Kr. Darjee, ChalisayBusty, Rhenock

SURVEY VRS

Your paper had a little spacefor the people opting for VRSand I was waiting to see somecomments on these people. Whythey left the job? For Money? Ill-ness? Monotony? Dissatisfaction?

It will be appreciated if suit-able survey reports be publishedin your paper after taking inter-views with these people, as, nowthey are public.KPS Toomrock, Sichey Busty,Gangtok

“LOST” - FICTION WITH SOUL

May 14-20, 2003; NOW! 9

DARJEELING: Tourists comingto Darjeeling as also its residentsare in for some spiritual healingthis season. Acting on instructionsof the Chairman, DarjeelingGorkha Autonomous Hill Council(DGAHC), cassettes of mantraschanted by Ani Choying Drolmawill be played at Gangamaya Parkand other tourist spots of theQueen of the Hills.

Dubbing it as “Voice Therapy,”Mr. Ghising on May 11 announced

that listening to the mantras helpbring solace to all and also spreadlove and compassion.

The GNLF supremo had appar-ently heard the chants of the Anion Channel Nepal and had invitedher to Darjeeling. A congregationwas organised at Chowrasta onApril 21 in which the Ani chantedmantras which were also recorded.

Ani Choying, who has a largefollowing all over the world hasvisited most of the South Asianand European countries and hasrecited Tibetan hymns and mantrasin the US of A. The mantras are

promoted as voice therapy and herfollowers claim she has success-fully helped many individuals suf-fering from acute depression andother sicknesses.

Dubbing the mantras as medi-cines, Mr. Ghising said that eve-rybody, irrespective of caste, creedor religion should take full advan-tage of it. He also asked the lamasto play the cassette during theupcoming Buddha Purnima in themonasteries as well as during the

processions on May 16.“The voice of Ani is bestowed

with divine attributes and bestowsmanifold boons,” said Mr. Ghising.

“It brings prosperity, drives outevil and even releases tormentedsouls showing them the path toNirvana,” added the Chairman. Hewas addressing a large gatheringtoday at the Municipality Hall ina function organized by theDarjeeling Municipality in what ishis first public appearance in

by AMITAVA BANERJEE

GHISING BRINGS VOICE THERAPY TO THE HILLS

17

DESPATCHESDESPATCHES

GANGTOK: Gen. NC Vij,PVSM,UYSM,AVSM,ADC,Chief of Army Staff arrived inSikkim on May 6 for a two-dayvisit. He was accompanied byMrs. Rita Vij, PresidentAWWA. The Army Chief alongwith President AWWA visitedforward troops deployed inhigh altitude areas. Hecomplemented the troops forthe dedication to duty and highmorale despite serving ininhospitable terrain and harshweather conditions. This is thefirst visit of the General toSikkim since his taking over asChief of the Army Staff.

The Chief of Army Staff, GEN NC VIJ ,PVSM, UYSM, AVSM, ADC and Corps

Commander 33 Corps, Lt. Gen. Avatar Sing, VSM, along with other officers at

Gangtok before leaving for the forward areas of Sikkim.

DARJEELING: Just a day haspassed since the arrest of BulaDutta Gupta and Sanjoy for pos-ing as the West Bengal Chief Min-ister’s niece and her fiancée froma Hotel at Malda after havingtaken the North Dinajpur DistrictMagistrate’s Office for a ride, anda similar incident has also oc-curred at Darjeeling.

This time the imposter decidedto avoid political connections andchose instead blue blood to furtherhis nefarious advantage. The 31 yearold imposter posing as the Prince ofCooch Behar and a Wild Life ex-pert with the National Georgraphicwas on the verge of settling downcomfortably at the Darjeeling Cir-cuit House when luck ran out on him

. Presenting a personal cardintroducing him as “Dr. AdityaNarayan Chowdhury, His RoyalHighness The Prince of CoochBihar” and a director of Wild LifeDocumentaries, this man visited areputed girls’ college at Darjeelingwanting to hold a workshop onwild life. Monday was fixed as theday for the workshop.

A slip during a conversationwith the Principal of the Collegeresulted in her becoming suspiciousand she immediately informed the

District Magistrate. A formal com-plaint was lodged at the DarjeelingSadar Police Station by theNazarath Deputy Collector (NDC)on instructions from the DM. Act-ing on this a case was registeredagainst Aditya under section 417and 419 IPC and the man was ar-rested from the Darjeeling CircuitHouse yesterday evening.

On interrogation, Police foundout that this man, an avid traveler,had visited different places inRajasthan, Orissa, Uttar Pradeshand Alleppi in Kerala. Though he isnot a Doctorate, he appears to havesound knowledge of wildlife andeven carried wildlife photo-slides.

Police believe that his formaleducation is upto the level of Stand-ard 9. Having fluency in English,Hindi and even Nepali, it was easyfor the imposter to operate withoutarousing any suspicion.

The Police have already con-tacted other police stations in ar-eas of his former visit, speciallyAlleppi to trace his past records.They believe that he is a residentof 2 Mile, Siliguri. Incidentally theimposter during interrogation ad-mitted of his mistake but alsostated that he had not indulged inany criminal activity.

Aditya Narayan was producedin the court on May 11 and wassent to Judicial Custody.

Army Chief visits Sikkim

The Advanced Technical Training Centre (ATTC) and The Centre for Computers and CommunicationTechnology (CCCT) are two technical training institute located and functioning from Bardang, East Sikkim,offering AICTE approved 3 year Diploma courses. The institutes are registered societies with the StateGovernment of Sikkim. The institutes are under the administrative control of Directorate of TechnicalEducation, Education Department, Government of Sikkim and are funded under the Third TechnicalEducation Project of the World Bank. The Institute requires qualified and competent personnel to fill upthe following posts:

Sl. Post Vacancy Minimum Requirement Pay Scale

1. Instructor in Computer 4 posts BE/B.Tech in Computer Science/BE in

Science Information Technology/MCA with 1st Class 8000-275-13500

2. Instructor in Electronics 5 posts BE/B. Tech in Electronics and

& Telecommunication Communications or BE in Electronics &

Electrical with 1st Class 8000-275-13500

3. Lab Instructor in 2 posts Diploma in Computer Science/IT with 1st Class

Computer Science from any State Board of Technical Education 5500-175-9000

4. Lab Instructor in 4 posts Diploma in Electronics and Electrical

Electronics with 1st Class 5500-175-9000

5. Instructor in Mechanical/ 2 posts BE in Mechanical Engineering /

Mechatronics Mechatronics/Production Engineering

Manufacturing Technology with 1st Class 8000-275-13500

6. Lab Instructor in 5 posts Diploma in Tool & Die Making/ Mechanical

Mechanical/Tool & Dye Making Engineering/ Mechanotronics with 1st class 5500-175-9000

7. Associate Instructor in 1 post Post Diploma in Tool & Dye Making with

Tool & Dye Making 1st Class 5500-175-9000

FOR ALL THE POSTS PREFERENCE WILL BE GIVEN TO CANDIDATES WITH MINIMUM 3 YEARS EXPERIENCE IN TEACHING/INDUSTRIAL FIELDSTERMS AND CONDITIONS:

1. The selected candidates will be offered 1 year contract term with consolidated pay and based onwork performance after completion of contract period will be considered fro regularization to AICTEpay scale.

2. Consolidated par for Instructor Rs. 10,000/- plus additional increment if the candidate has more than3 years teaching/Industrial experience. Consolidated pay for Lab Instructor/Associate Instructor Rs.8000/- plus additional increment if the candidate has more than 3 years relevant experience in thefield.

3. The Institute reserves all rights to the selection procedure and appointments.4. Local candidates will be given preference.5. Candidates should be fluent in the use of Englsih with good communication skills and a good

temperament.6. Candidates will have to accept work place at Bardang, Chisopani, South Sikkim.7. Selection will be made on the basis of interview by the selection panel.8. Late date of submission of application, 10th June 2003.

Interested candidates must send thier applications with typed copy of complete bio-date andattested copies of relevant certificates to the following address:

The Principal, ATTC/CCCT,Sawney Busty, Golitar, PO Singtam, Pin: 737134, East Sikkim

APPOINTMENTS

FOR DETAILS CONTACT PH. (03592) 233482, 235382, 221610 AFX-233482. email: info@skmpoly.org

nearly a year.Along with giving various re-

ligious directives, Ghising alsostressed on “Good Karma (deeds)being the true Dharma (religion).”

“Only developmental activi-ties and handing out schemes isnot enough, esoteric developmentis equally important,” he said.

Clearing misconceptions headded, “I am not a Dharmaguru of theHills. I am just doing my duty of shar-ing my knowledge with the masses.”

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10; NOW! May 14-20, 2003

DEVELOPMENTDEVELOPMENT

18

“Life is hard.” “Compared to what?”Sydney J. Harris

fresh everyday

ofSLICELIFE

PRESENTS

This week try out a bread from Baker’s Cafe and youwill realise how bread is more than just dough.

PEMAYANGTSE: The KaniLakhang is a traditional gate usu-ally built a few metres ahead of amonastery. It occupies a very im-portant place in monastic architec-ture since it is believed to purifythe souls of people arriving at themonastery. Yet, despite its religioussignificance, Kani Lhakhangs arerarely found in monasteries nowa-days. The pressures of space haveperhaps forced them out.

The Kani Lhakhang atPemayangtse Monastery in westSikkim had collapsed some 50years ago. It remained in the dilapi-dated state till a group of devoutfollowers of the monastery took itupon themselves to the restore thisculturally and religiously signifi-cant structure to the monastery.

The Art & Culture Trust [ACT]of Sikkim, an organization dedi-cated to the preservation of the art,culture, tradition and the languageof the Bhutias and Lepchas of Sik-kim, gifted a spanking new KaniLakhang to Pemayangtse monas-tery on May 8, last Thursday.

The new Kani Lhakhang at thePemayangste Monastery is a re-construction of the old structure,which stood about 50 metres awayfrom the present structure. Devi-ating only in the implements usedto construct the gate in that the newstructure is built with stone andcement instead of the old methodof using split bamboo roof, mudand stonewall, but still adheres tothe original design.

A handcrafted stone wallforms the base of the structure withprominence given to traditionaldesigns and motifs. The KaniLakhang houses 20 handcraftedprayer wheels on either side and acopper mandala, Thongdol, com-mands the ceiling, blessing andpurifying anyone who passes un-

ART & CULTURE TRUST OF SIKKIM

The Art & Culture Trust [ACT] of Sikkim wasformed in 2000 to address the growing con-cerns over the degeneration of art, culture, tradi-tion and languages of the people of Sikkim, mostimportantly that of the Bhutias and the Lepchas.As a pilot project, the Trust has been working onpreparing a detailed inventory of rare photographs,films and manuscripts donated to the Trust byChogyal Wangchuk Namgyal.

The ambitious project, being time-consumingas well as technically difficult, has been offeredassistance by some foreign agencies such as theDepartment of Social Anthropology, University ofCambridge. The Department of Culture and theNamgyal Institute of Tibetology have also shownenthusiasm to help the project.

The Trust has also taken up various otherprojects into its fold. One of them involves languageand culture classes at Arithang in collaboration with

Samten Dorjee, the Dorji Lopen[head monk] of the Monastery hadexpressed his desire to see the KaniLhakhang at Pemayangtse rebuilt.He had confided his wishes to Mr.Chopel in April 1995. “The DorjiLopen passed away a month laterand I felt that it was my responsi-bility to see that his last wishes werefulfilled, since he had confided inme. It took us seven long years tofulfil his dream. We dedicate theKani Lhakhang in his memory,”Mr. Chopel said.

So, in the early hours of May8, against a backdrop of clear blueskies and calm and serene sur-roundings of the PemayangtseMonastery, the purification andinauguration ceremony of the KaniLhakhang was conducted by thehead monk of the Pemayangtsemonastery, Ven. YangthangRinpoche and other monks duringwhich, mantras for invoking thegods to sanctify the place and foruniversal peace were recited.

The entire project was fundedby ACT, who pooled in the fundsfrom various sources. The Depart-ment of Culture, Government ofIndia, also provided them with agrant for the project. Financial as-sistance was also received fromfriends, family and well wishers.The Green Circle, an environmen-tal group also helped raise Rs.50,000 by holding a charity showof Ugyen Chopel directed Nepalihit film, Nepali Babu.

ACT was assisted in the KaniLhakhang project by architectsSonam Dadul and Ranjan Pradhanwith the layout and the design.

Pemayangtse Monastery isincidentally the second oldestmonastery in Sikkim and is theheadquarters of the Nyingmapasect and was built in 1705 duringthe reign of Chakdor Namgyal,who was guided by LhatsunChenpo Rinpoche. The monks ofPemayangtse are usually from theleading Bhutia families in Sik-kim. There are 108 monks in thismonastery. The monastery housesnumerous religious idols andother objects of worship, most ofwhich are precious because oftheir antiquity.

VAJRA GURU MANTRA

RECITATION AT

PEMAYANGTSE MONASTERY

The ancient sanctum of thePemayangtse Monasterycame alive with the chanting of OmAh Hung Vajra Guru Padme SiddiHung, the Vajra Guru Mantra, forfifteen days from April 26 to May11. Over 12,000 devotees andmonks from all over the State con-gregated at the Monastery for theceremony, during which 10 crorerecitation of the sacred mantra tookplace for universal peace, goodhealth and prosperity. The cer-emony culminated on May 11 withthe offering of one lakh Chogs (of-ferings) to the Gods.

ACTING RIGHT

the Arithang Yargay Tsogpo, which conductsclasses in spoken Bhutia. Others include the res-toration of old photographs, films and manuscriptsand storing them in digital format for reference andresearch, and conducting song and dance classesat Kabi with local NGOs.

Act has more projects in the pipeline. It willsoon undertake a project to make audio tapes ofDenjong Sunglu and would be working on an ani-mated comic book on “Najor Choeshi,” the earlyhistory of Sikkim. It also plans to undertake lan-guage and culture classes at Gyalshing ManiLakhang and a workshop to propagate Limboo lan-guage with the Sukhim Yakthung SapsokSongjumbho (Sikkim Limboo Literary Society) andProf. George Van Driem, an ethno-linguist work-ing on the endangered languages of the Himala-yas. ACT will also be working on a project to dubpopular cartoon films in local languages to facili-tate language learning.

PEMAYANGTSE GETS A NEW KANI LAKHANG

PEMAYANGTSE’S KANI LAKHANG

a NOW! pic

derneath. The Thongdel consistsof six holy syllables and containspowerful mantras that are en-graved into it which are believedto wash away the sins of people.

The Kani Lhakhang will alsoserve the purpose of a notice boardfor the monks as well as devotees,where information regarding theactivities of the Monastery along

with rules and regulations for visi-tors will be put up.

Noted film director, UgyenChopel, who is the managing trus-tee of ACT, said that the late, Ven.

by SARIKAH ATREYA

May 14-20, 2003; NOW! 11

19

Greendale TutorialsHallmark of sure success for ICSE and CBSEfinal students. Classes for Std. VIII to XII start-ing from 1st May, 2003 particularly in Phys-ics, Chemistry, Maths and Biology.

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For further details contact Mrs. Ranju Bhujel.phones: 232063 (r) and 9434103370.

A black Hero Honda CBZ in new condition,hardly used. Interested persons can con-tact PG Tashi at Nam Nang or call 222981

FOR SALE

AnthyesthiKriya

The Anthyesthi Kriya of our be-

loved daughter-in-law late

Sushila Sharma (w/o Prem

Prasad Dabori) who unexptedly

left for her heavenly abode on

07.05.03 falls on Sunday, 18

May 2003.

We request all friends, relatives

and well wishers to join us in of-

fering prayers for the departed

soul at our residence, Dabori

Busty, Lingmoo pepthang,

South Sikkim.Tanga Nath Dabori (father in law)

Dikura Maya SharmaDraupadi Sharma (mother in law)

Prem Prasad Dabori (husband)Rup Narayan, Prahlad, Chetta

Ram, Khem Lall(brothers in law) &

Indrawati Sharma (sister in law)

On theoccasion of

Sikkim’s State Day,May 16, we rededicateourselves to the cause of

democracy anddevelopment.

Wishing all the Sikkimese a happy State Day and

a prosperous year ahead

STATE BANK OF INDIAGangtok Branch

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GANGTOK: Sangeet NatakAcademy, National Academy ofMusic, Dance and Drama, NewDelhi in association with the Direc-torate of Cultural Affairs, Assam,Directorate of Information, Cul-tural Affairs and Tourism, Tripura,Directorate of Art and Culture,Mizoram and Department of Cul-tural Affairs, Sikkim, organised theSwarnajyanti Paramparik NatyaSamaroh, Festival of TraditionalTheatres of India at the Commu-nity Hall here from the May 11 to13. 150 participants from 6 statespreformed the Yakshagana fromKarnataka, the Bhavai fromGujarat, the Mach from MadhyaPradesh, the Sang from Harayana,Tiatr from Goa and Dhulia Bhaonafrom Assam. After regallingGangtokians, the troupe leaves forAgartala and Aizwal.

RECAP SIKKIMRECAP SIKKIM

WHAT’S FINE

This is the second time I placethis request before the al-mighty Sikkim Police. As earlier,I write regarding the fine com-pounded by traffic officials in thecapital.

It is not just me, but ask anymotorist and you shall get the sameresponse. The fine charged by of-ficials for the same violation indifferent parts (or at times, thesame place) of Gangtok vary. Howcan it be that A is charged Rs. 500for illegal parking and B ischarged 700 for the same offence?And, in some cases if you knowthe official you get off free of cost.

Is there any fixed chart withthe Sikkim Police which clearlystates the different amounts that aviolator is fined for violation ofcertain traffic norms? Does thepublic have any right to ask theofficials to produce the chart dur-ing the time when he is depositinghis fine?Sanjay P. Chettri, a Driver,Gangtok.

GANGTOK: A 4-day statewideprogramme of RashtriyaSwayamsevak Sangh was held inthe state from May 7-10, 2003.

A Path-Sanchalan or routemarch was taken out in the capital

on the final day. Starting from Pri-vate taxi stand Swayansevaks fromeast district, in full RSS uniformtook part in the march. The marchended in Chhokasum Tibetan Hallwhere a public meeting took place.

Suresh Rao Ketkar, All IndiaJoint Organizing Secretary, RSS ad-dressed the meeting. He expressed

happiness over the growth and ex-pansion of Sangh work in Sikkimesesociety even though RSS started itsactivities here only in 1997.

He called on everyone to useonly swadeshi goods and swadeshithought. The Sangh claims to havemore than 5,000 Swayamsevaksand 102 sakhas in Sikkim.

a NOW REPORT

RSS urges only Swadeshi“thought” in Sikkim

ACTIONMAIL

Kutse SheguThe Kutse Shegu of our be-loved mother late BuddhaMaya Tamang falls on 25th

May 2003. All relatives,friends and well wishers arerequested to join us in offer-ing prayers to the departedsoul at our residence alongthe Upper Syari road (nearDeorali), East Sikkim. Wewould also like to thank allthose who stood by us in ourhour of bereavement and re-gret our inability to thank in-dividually.

C.S. Tamang (husband),Palden Tamang (son), T.T.

Tamang (son), S.T. Tamang(son) and family members

TRADITIONAL THEATRICS IN TOWN

Traditional Theatre artists prepare be-fore the show at Community Hall

a NOW REPORT

Theatre artists from Gujarat

perform the Bhavai

12; NOW! May 14-20, 2003

Pugilists train in Sikkimfor date in Germany

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