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Rs. 5 E-MAIL: [email protected] ACTING RIGHT JUSTICE a NOW! pic DEFENDS ome not so deft reworking of a writ petition already dismissed Sby the Supreme Court alleging undue benefits being enjoyed Yangthang Rinpoche, the Dorji HEM LALL by the Chief Justice of Sikkim is being branded by High Court Lopen of Pemayangtse Monas- officials as a “Publicity Interest Litigation” in the guise of a tery presides over prayers held Public Interest Litigation. there to invoke the gods and The petition filed by Harvard-educated Hem Lall Bhandari, sanctify the newly constructed ACCUSED OF who is seen as a “briefless lawyer” by respondents in the case, Kani Lakhang. has come a long way in the less than a week that has passed TURN TO pg 10 FOR DETAILS since it was filed on April 9, last Friday. While a plea for dismissing the case was only expected, the PERJURY, judiciary has reacted strongly to aspersions, which have already PANCHAYAT been dismissed by the Apex Court, cast on the functioning of the SAMMELAN justice delivery system in Sikkim. The counter affidavits allege 2003 FORCING A that 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- PANCHAYATS ents believe “is on the instance” of those who do not want a free PUBLICITY judiciary in the State. URGED TO GET OVER A preliminary objection to the maintainability of Mr. Bhandari’s petition alleges that the timing of his plea “leads to the inference that the petitioner [Mr. Bhandari] is working at the instance of those “MIDDLEMEN” INTEREST who did not get favourable orders from the High Court and whose interest the petitioner seeks to serve in a clandestine manner.” SYNDROME AND The reply to Mr. Bhandari’s allegations is not limited to the pre- liminary objections. Also submitted in the High Court is a plea for BECOME “LEADERS” LITIGATION prosecuting Mr. Bhandari for perjury, lying to the Court under oath. Apart from passing some im- The petition, being heard by the single Judge bench of Mr. portant resolutions, the Justice Suraj Mani Singh, was slated for hearing on May 13, but was deferred to May 14 on the request on Mr. Bhandari’s lawyers. Panchayat Sammelan held in IN THE GARB The hearing will decide whether the petition is to be admitted or Gangtok on May 13 saw the not and whether proceedings on charges of perjury should be Chief Minister urge his started against Mr. Bhandari. panchayats to become more TURN TO pg 3 & 4 FOR DETAILS “proactive.” Only after they OF A PIL grew out of their mould of “mid- dlemen” between the govern- ment and the people could true STORY SPLASHED BEFORE NEWS WAS MADE! devolution of power to the panchayats begin, he said. TURN TO pg 12 FOR DETAILS WITH Near Krishi Bhawan, Tadong JOINT CERTIFICATION FROM Gangtok. Phone 270876 presents Below Power Deptt, Kazi Road Gangtok. Phone: 227917 Education Partner Nayuma Building, Namchi Bazar Namchi. Phone: 263919 STEP IN TO YOUR NEAREST CENTRE TODAY e-mail: [email protected] 1 2;GANGTOK NOW! May 14-20, 2003 MAY 14-20, 2003 NOW! ED-SPACE SIKKIM MATTERS ARTICLE 371F May 16, Friday, is State Day. On this day, twenty-eight of Sikkim or any part thereof shall Test For The Breast years back, Sikkim merged with India. Article 371F was continue to be in force therein un- inserted into the Indian Constitution outlining the til amended or repealed by a com- A Bill passed in the Lok Sabha earlier last week is all set special provisions with respect to Sikkim. This Article petent Legislature or other com- to rob Indian mothers of their fundamental right to choose petent authority; what is best for their babies – exclusive breast-feeding or lays the conditions under which Sikkim became a part of a supplementary diet of baby foods that contain all nutrients the Union. It is not wrong to suggest that it is this Article (l) for the purpose of facilitating required for a balanced growth. The Bill makes breast- which gives Sikkim its identity and guarantees its the application of any such law as feeding mandatory for the first six months, and says this survival. On the occasion of State Day, we reproduce is referred to in clause (k) in rela- “can” be continued for up to two years with a supplementary Article 371F below. Although self-explanatory on most tion to the administration of the diet. A Bill with similar intent has failed miserably in the State of Sikkim and for the pur- past. It is no secret that the Bill results from the central counts, there are many sections which are interpreted pose of bringing the provisions of government’s sudden realisation that the World Health differently. We stay away from opinions for now and any such law into accord with the Organization directive to encourage breast-feeding needs stick to the text... provisions of this Constitution, the to be forcefully implemented in a country where more than President may, within two years 70 per cent mothers are undernourished or anaemic and Article 371F Special provisions the State of Sikkim; from the appointed day, by order, give birth to children who suffer from malnutrition. How the with respect to the State of Sik- make such adaptations and modi- implementing authorities [and who are they?] plan to kim (f) Parliament may, for the purpose fications of the law, whether by implement the Bill, when it becomes an Act, on mothers Notwithstanding anything in this of protecting the rights and inter- way of repeal or amendment, as who themselves do not get food rich in nutrients is Constitution, - ests of the different sections of the may be necessary or expedient, anybody’s guess. population of Sikkim make provi- and thereupon, every such law There is no doubt that the Parliament has been a bit high- (a) the Legislative Assembly of the sion for the number of seats in the shall have effect subject to the handed on the issue. Instead of encouraging a woman to State of Sikkim shall consist of not Legislative Assembly of the State adaptations and modifications so breast-feed her baby and create an environment that is more less than thirty members; of Sikkim which may be filled by made, and any such adaptation or conducive to breast feeding, it has robbed the Indian women candidates belonging to such sec- modification shall not be ques- of another choice. It has thrust breast-feeding on them. The (b) as from the date of commence- tions and for the delimitation of the tioned in any court of law; benefits of breast-feeding need no reiteration and there ment of the Constitution (Thirty- assembly constituencies from (m) neither the Supreme Court nor would be few mothers who deny their child their milk for sixth Amendment) Act, 1975 which candidates belonging to any other court shall have jurisdic- reasons other than those that are justified. The present Bill (hereafter in this article referred to such sections alone may stand for tion in respect of any dispute or is largely unnecessary and serves only to antagonize as the appointed day) - election to the Legislative Assem- other matter arising out of any women. After all, now, a mother who knows what’s best for bly of the State of Sikkim; treaty, agreement, engagement or her baby has to grapple with a government which wants to (i) the Assembly for Sikkim other similar instrument relating to force her to think and act in a particular way. This is definitely formed as a result of the elections (g) the Governor of Sikkim shall Sikkim which was entered into or overstepping of jurisdiction. held in Sikkim in April, 1974 with have special responsibility for executed before the appointed day Interestingly, while the Parliamentary debate hovered around thirty-two members elected in the peace and for an equitable ar- and to which the Government of the rural Indian woman and her destituteness which could said elections (hereinafter referred rangement for ensuring the social India or any of its predecessor see them committing a crime [not breast-feeding], truth is to as the sitting members) shall be and economic advancement of dif- Governments was a party, but that for mothers of rural India, breast-feeding is often the deemed to be the Legislative As- ferent sections of the population nothing in this clause shall be con- only means of nourishing the infant. They do not need any sembly of the State of Sikkim duly of Sikkim and in the discharge of strued to derogate from the provi- law to force them to breast-feed their child, their poverty, constituted under this Constitu- his special responsibility under sions of article 143; which takes most supplementary diets available for children tion; this clause, the Governor of Sik- beyond their reach, takes care of that. The legislation, by kim shall, subject to such direc- (n) the President may, by public proposing to prohibit all kinds of advertisements and (ii) the sitting members shall be tions as the President may, from notification, extend with such re- promotion of infant milk substitutes and even feeding bottles, deemed to be the members of the time to time, deem fit to issue, act strictions or modifications as he could go a long way in taking supplementary diets even Legislative Assembly of the State in his discretion; thinks fit to the State of Sikkim any further beyond the reach of poorer mothers.