Museum , High Court of Sikkim

JUDICIAL HISTORY OF SIKKIMCOMPILED BY:MISS YANGCHEN DOMA GYATSO, ADVOCATEUNDER INSTRUCTION OF THE HIGH COURT OF SIKKIM MUSEUM COMMITTEEPUBLISHED BY: HIGH COURT OF SIKKIM, GANGTOKALL RIGHTS RESERVED







FOREWORD1. The Judicial system of Sikkim has passed through different phases in the course of its evolution and development to the present stage. Prior to its merger with the Union of India in the year 1975, the erstwhile Sikkim was under monarchy for the past over three centuries. The period of monarchy was, in turn, preceded by some primitive and ancient system of governance that might have developed depending on the nature of society that was then in existence. Our knowledge about this period of remote past is too little and too limited. It is aptly said that much of the past history of Judicial System and Judicial Institutions of Sikkim is lost in the mist of antiquity.2. It is said that past is the store house of information and knowledge and without knowledge of the past we would be like a wayfarer who does not remember the route by which he had travelled; he would know just where he stands, but not where he came from. It thus follows that one cannot be an intelligent citizen without knowing something about the origin and development of the different phases of contemporary civilization. It is, however, a matter of concern that in our State we seem to have given little or no importance to the history of our land and people since the pre-historic period even when it is so important and so relevant.3. It is in this background that the need to take suitable measures to protect and preserve the past judicial history of the State in the interest of one and all assumed importance a long time ago. However, the matter of such an importance was taken note of and given due attention only in the year 2016 on and after the assumption of office by Hon’ble Dr. Justice Satish Kumar Agnihotri as the Chief Justice of the High Court of Sikkim. It is thus under the initiative taken and a vision conceived by the present Chief Justice that a Museum Committee was constituted with a view to establish a High Court of Sikkim Museum in the Old (1910) Chief Justice Bungalow located in Baluwakhani, Gangtok which in itself is a heritage building.4. The Museum Committee, soon after its establishment and under the able guidance of the Hon’ble Chief Justice commenced the work of tracing out and collecting different items of articles such as historical documents, old photographs of Buildings where the High Court was housed in the initial years after its establishment in the year 1955 along with such other items of articles and artefacts as may throw light on the past history of the judicial system and judiciary of the State. In this regard, the cooperation extended to the museum by the Namgyal Institute of Tibetology by making available documents of historical importance and the Department of Culture by sparing a technical officer to supervise the work of different galleries of the museum has been noteworthy. The other departments to which the Museum Committee is deeply indebted for their support in giving full and final shape to the project are the State Jail and Directorate of Handicrafts and Handlooms. It was through their

active support that different items of articles were procured for placing the same in the sales counter of the museum. So far as the infrastructural part of the museum is concerned, it is notable that the Buildings and Housing Deptt. of the State Govt. undertook and completed the work of first phase within the allotted time frame. The speed and the efficiency with which the work was carried out by the department is commendable.5. It needs no mention that the purpose of modern museum is to collect, preserve, interpret and display items of artistic, cultural or scientific and historical significance for the information and education of the public. In this context each item in the museum holds its own meaningful storey and through these objects we obtain new knowledge that we can use to shape our future. The museum thus tells the storey of the past, the main purpose, in basic terms, being to educate people about the past.6. Etymologically, the term museum comes from Latin word and denotes a place or temple dedicated to the Muses i.e., each of the nine goddesses in Greek mythology who preside over the arts and science. Looked at from this perspective, there should be no doubt that a museum occupies a place of sacred shrine in the society. We thus hope and trust that the High Court of Sikkim Museum will be accorded its due place and will serve as a holy temple of knowledge for the coming generations.7. In conclusion, the Museum Committee expresses its thankfulness to the Hon’ble Chief Justice and the High Court for being given such an opportunity to work for establishment of an institution as important as the Museum. Justice A. P. Subba Chairman High Court of Sikkim Museum Committee

HIGHCOURTOFSIKKIM GANGTOKNo. 30/HCS Date : 12.9.2016 NOTIFICATIONHon’ble the Chief Justice (Acting), High Court of Sikkim has been pleased toconstitute a Museum Committees comprising of the following members:- 1. Hon’ble Mr. Justice A. P. Subba, Chairman Former Judge, High Court of Sikkim Member-Convenor Member Director, 2. Registrar General Member High Court of Sikkim Member 3. Shri Tashi Densapa, Member Director, National Institute of Tibetology Member 4. Shri S. T. Gyatso, By order, Joint Director, Cultural Affairs & Sd/- Heritage Department, (K.C.Barphungpa) 5. Shri Bhaskar R. Pradhan, Registrar General Sr. Advocate 6. Mr. N. B. Khatiwada, Sr. Advocate 7. Ms. Dixita Gurung, Archives Officer, Cultural Affairs & Heritage Department,Memo No. 5584-98/HCSDated: 12.9.16

HIGHCOURTOFSIKKIM GANGTOKNo. 15/HCS Dated: 31.05.2017 NOTIFICATIONIn supersession of earlier Notifications constituting several Committees, Hon’ble theChief Justice is pleased to re-constitute the Committees as under:-[18] Museum Committee – i. Hon’ble Mr. Justice A. P. Subba - Chairman Former Judge, High Court of Sikkim - Member - Member-Convenor ii. Mr. N. B. Khatiwada, - Member Director, Senior Advocate, Gangtok - Member iii. Registrar General - Member High Court of Sikkim Sd/- iv. Mr. Tashi Densapa, (N. G. Sherpa) National Institute of Tibetology REGISTRAR GENERAL v. Mr. S. T. Gyatso, Joint Director, Cultural Affairs & Heritage Department, Government of Sikkim. vi. Ms. Deepshika Gurung, Archives Officer, Cultural Affairs & Heritage Department, Government of Sikkim.Memo No. V (202) Confdl./HCS/1965-030Dated: 31.05.2017

HIGHCOURTOFSIKKIM GANGTOKMemo No. 41/HCS Dated: 21.11.17 NOTIFICATIONHon’ble the Chief Justice has been pleased to nominate Hon’ble Mr. Justice BhaskarRaj Pradhan, Judge, High Court of Sikkim as Judge In-charge of the High Court ofSikkim Museum Committee and also to organise inauguration of the samescheduled to be held on 08.12.2017. By Order, Sd/- REGISTRAR GENERALMemo No. V (202) Confdl./HCS/8310 - 27Dated: 21.11.17Copy to:-1. The P.S. to Hon’ble Judge, High Court of Sikkim, Gangtok.2. The Joint Registrar-cum- Sr. Judgment Write/PPS to Hon’ble the Chief Justice, High Court of Sikkim, Gangtok.3. The PPS to Hon’ble Justice, High Court of Sikkim, Gangtok.4. Hon’ble Mr. Justice A.P. Subba, Former Judge, High Court of Sikkim, PNGSS Road, Gangtok.5. Mr. N.B. Khatiwada, Senior Advocate/Member, High Court Museum Committee, Gangtok.6. The P.A. to Registrar General, High Court of Sikkim/ member Convenor, High Court Museum Committee, Gangtok.7. Mr. Tashi Densapa, Director, National Institute of Tibetology/ Member, High Court Museum Committee, Gangtok.8. Mr. S.T. Gyatso, Joint Director, Cultural Affairs & Heritage Department, Government of Sikkim/ Member, High Court Museum Committee, Gangtok.9. Ms. Deepshika Gurung, Archives Officer, Cultural Affairs & Heritage Department, Government of Sikkim/ Member, High Court Museum Committee, Gangtok.10. The P.A. to Registrar, High Court of Sikkim, Gangtok.11. All Section Incharge, High Court of Sikkim, Gangtok

ROLL OF HONOURHEADS OF JUDICIAL SYSTEM IN SIKKIM CHIEF COURT, SIKKIM [1923 – 1953]1. Hon’ble Shri Rup Narayan, Chief Judge HIGH COURT OF JUDICATURE AT GANGTOK [1953 – 1975]2. Hon’ble Shri Justice M.P.Asthana, Chief Justice3. Hon’ble Shri Justice Shiva Kumar Prasad, Chief JusticeHIGH COURT OF SIKKIM AT GANGTOK [1975 – Till date]HON’BLE CHIEF JUSTICES4. Hon’ble Shri Justice Man Mohan Singh Gujral 07.05.1976 14. 03.19835. Hon’ble Shri Justice Mohan Lall Shrimal 17.12.1983 03.01.19856. Hon’ble Shri Justice Jugal Kishore Mohanty 21.01.1986 04.01.19897. Hon’ble Shri Justice Braja Nath Mishra 20.01.1990 08.11.19928. Hon’ble Shri Justice Surendra Nath Bhargava 20.01.1993 10.02.19969. Hon’ble Shri Justice Krishna Murari Agarwal 15.02.1996 26.10.199610. Hon’ble Shri Justice K.A.Thanikkachalam 27.08.1997 26.09.199711. Hon’ble Shri Justice Ripusudan Dayal 03.02.1999 17.05.200312. Hon’ble Shri Justice Radha Krishna Patra 09.07.2003 23.11.200413. Hon’ble Shri Justice Binod Kr. Roy 30.09.2005 26.12.200614. Hon’ble Shri Justice Ajoy Nath Ray 27.01.2007 30.10.200815. Hon’ble Shri Justice Aftab H. Saikia 07.03.2009 07.04.201016. Hon’ble Shri Justice Barin Ghosh 13.04.2010 05.08.201017. Hon’ble Shri Justice P.D.Dinakaran 09.08.2010 29.07.201018. Hon’ble Shri Justice Permod Kohli 12.12.2011 28.02.201319. Hon’ble Shri Justice Pius C. Kuriakose 28.03.2013 01.10.201320. Hon’ble Shri Justice Narendra Kumar Jain 07.01.2014 07.10.201421. Hon’ble Shri Justice Sunil Kumar Sinha 30.03.2015 06.7.201622. Hon’ble Shri Justice Satish Kumar Agnihotri 22.09.2016

THE MUSEUM HAS FIVE GALLERIES WITH A MUSEUM SHOP.GALLERY I:Different items of articles such as historical documents and photographs of heritagebuilding and different locations throw light on the general history of Sikkim relating tothe pre-monarchy period, monarchy period and modern period.GALLERY II:This gallery deals with the judicial history of Sikkim. The different historical documentsand other artefacts on display reflect the history of the evolution of judicial systemduring the three periods of history as indicated in Gallery-I.GALLERY III:Brief write ups and photographs on display throwing light on the laws known as‘Sikhim laws’ or ‘Sixteen Laws’ which are said to be founded on those spoken byRaja Melongdong, who lived in India before the time of Buddha. These laws areolder than old laws of Sikkim in point of time.GALLERY IV:Efforts have been made to present the different modes of trail and variouspunishments provided under the said laws in pictorial form.GALLERY V:This gallery deals with the recent archaeological findings, which confirms thathuman habitation in Sikkim dates back to the Neolithic period, i.e. 10,000 to 8,500B.C. the archaeological findings includes Neolithic stone tools recovered fromdifferent locations in North and East districts of Sikkim along with the findings of afossilised antelope horn in Sajong area under Rumtek in East district.MUSEUM SHOP:A small sale- counter is also attached to the museum where local souvenirs are sold. 1

‘Nelson Turner Dak Bungalow’The High Court of Sikkim Museum which was once the Chief Justice’s bungalow wasestablished in 1910 and its first occupants were Civil Surgeons appointed to Sikkim.The first Civil Surgeon appointed to Gangtok was Assistant Surgeon 2nd class JohnNelson Turner (b,1871), a member of the Indian Subordinate Medical Service, andnot a qualified doctor. Turner took up his post in August 1909, and remained in Sikkimuntil early in 1920, by which time he was a Senior Assistant Surgeon who had beengiven the honorary rank of Captain during the First World War. When Turner arrived inGangtok, the three government dispensaries were at Gangtok (which had in-patientfacilities), Chidam and Rungpo.On the 1st of November 1922, John Turner was replaced by Dr. John Charles Dyer asGangtok Civil Surgeon. He was an Anglo-Indian and Senior Assistant Surgeon of theSubordinate Medical Service. As a fully-qualified medical practitioner, Dyer was ofhigher professional status than Turner, and he was a well regarded medical officerwho had accompanied Sir Charles Bell to Lhasa in November 1920, and remainedthere for several weeks. When Dyer left Sikkim in January 1928, his replacement wasSub-Assistant Surgeon Dr. Kenneth Percival Elloy DCM. He was born in 1884 andretired in 1939. He also served in France, Mesopotamia and Palestine in World War I.He remained in Gangtok until February 1932.Dr. Elloy was replaced by Dr. W. St A. Hendricks as Civil Surgeon. He was an Anglo-Indian. He was also a member of the IMS, the first officer of the higher service to holdthe Civil Surgeon position.Post merger this bungalow came to be used as Chief Justice’s residence till 2016. Thisresidence is now converted as High Court of Sikkim Museum. 2

‘KHAM-SUM-WANGDU’ The meaning of the emblem that State Government uses in every official letter and master heads is called ‘Kham-Sum-Wangdu’. It is the symbol of religious doctrines and political governance. The emblem was used by the Chogyal of the erstwhile kingdom of Sikkim as their official country emblem and which the State Government has now retained for the same. The literal meaning of Kham-Sum-Wangdu is“the conqueror of the three worlds or lokhas”, namely Kamaloka or the world of sensualpleasures, Rupathalu or the range of material world and finally, the formless or spiritual world.The two horses in the emblem symbolize the mythological horse of Indra and TachogBalaha, one of the manifestations of the Aviloketeswara or Chenrayzig.The twelve rings inside the shield signify the twelve interdependent contributories oforigination of all phenomena. The eight petals inside symbolizes the Eight Fold Path to bringpeace and harmony.The helmet is symbolic of the defensive force of our land, and finally, the conch shell on topsymbolizes the propagation of Dharma in the country. ‘SIKKIM GUARDS’ It is said that in early time there was a practice of sending an able-bodied youth of every village to court in return for a reduction in house tax. The men were fed, clothed and armed by the durbar. Their uniform consisted of blue and white kirtles, scarlet jackets, and little bamboo wattle hat lined with talc, and surmounted by a peacock’s feather.The Sikkim Guards, also known as palace guards, were under the exclusive command of theChogyal. The Chogyal himself held the rank of colonel-in-chief of the Sikkim Guards. Thetotal strength of Sikkim Guards in 1975 was 272 men. 3

VIEW OF GALLERY I 4

GLIMPSES OF THE HISTORY OF SIKKIM The history of Sikkim can be studied under three heads: 1) The pre-monarchy period, 2) The monarchy period, and 3) The post monarchy period. 1) The pre-monarchy period: During this ancient period the concept of statehaving not been developed, there was no State. The social organisation inprevalence then was tribal in nature. It was a pre-civil society under the authority ofa tribal chief. People who were inhabiting the country then were the aboriginaltribes.* 2) The monarchy period: The period of monarchy begins with the consecration ofPhuntsok Namgyal as the first king of Sikkim by the three Tibetan Lamas, namely,Lhatsun Chhenpo, Nga-dag Lama and Kathhog Lama. It is said that the three lamashad fled Tibet to save themselves from persecution set on foot by reforming party inTibet and had met in Yoksam, West Sikkim after many wanderings. As the story goes,the three Lamas sent for Phuntsok Namgyal, an influential Tibetan, then residing atGangtok, and installed him as the first Raja of the whole country in the year 1642. It isa matter of history that twelve generations of Namgyal dynasty ruled Sikkim for 333years (1642 to 1975).** The Magars who are renowned warriors and who were an important part of thethen Sikkim Guards are mentioned as one of the groups who participated in thecoronation celebration of Phuntsok (Penchoo) Namgyal, the first king in 1642.* During this period, Sikkim was made protectorate under the British Govt. in theyear 1861 [Treaty of Tumlong, 1861]. In the year 1949, an interim ministry was formedto meet the demand of the people for more democratic form of Govt. The saidministry was, however, dissolved after 29 days. After two decades later in the year1973, there was a mass revolution demanding abolition of monarchy andestablishment of a democratic set up. As a result, a Tripartite Agreement betweenthe then Chogyal of Sikkim, the three political parties of Sikkim and the Govt. of Indiawas signed on May 8, 1973. This historic agreement paved the way for a fully 5

responsible democratic Govt. elected on the basis of one man one vote.Consequently, the first democratic election was held in April 1974 and a popularGovt. was established in Sikkim with the Chogyal as its constitutional head. Soon,thereafter, Sikkim was made an Associate State of the Indian Union by theConstitution (35th Amendment) Act, 1974, with effect from 1.03.1975. 3) Post monarchy period: This period is marked by the emergence of Sikkim as apart of modern democratic State. This was achieved by the merger of Sikkim withthe Union of India as its 22nd State by virtue of the Constitution (36th Amendment)Act, 1975, which came into force with effect from 26th April, 1975. The history of Sikkim, thereafter, is one of a constituent unit as a state of ademocratic country under the Constitution of India. *[Source: According to “The New Encyclopaedia Britannica Volume 21 – pg. 137”, the aboriginal tribes inhabiting Sikkim in the pre-historic times were: Naong, Chong, Mon, Magar and Tsong.) & According to “Wikipedia”, the Kirati tribes consisted of Himalayan Kiratis, Tibetan–Himalayan Kiratis, Khas Kiratis, Kacharis, Bodos etc.)] **[Source: “Sikkim Gazetteer”] 6

PHOTOGRAPHS OF THE THREE BRONZE STATUES OF THE LAMAS WHOCONSECRATED THE FIRST CHOGYAL OF SIKKIM AT YOKSAM IN 1641LHATSUM CHHENPO NGA-DAG LAMA KATHHOG LAMA 7

THE PALACES AND ROYAL RESIDENCES OF SIKKIMYOKSUM, WEST SIKKIM, THE FIRST CAPITAL OF RABDENTSE, WEST SIKKIM, THE SECONDSIKKIM (1642 – 1649) CAPITAL (1649–c. 1696 and 1709–1788)(N.K. Rustomjee, Dewan of Sikkim in centre)TUMLONG, NORTH SIKKIM, THE FOURTH GANGTOK, EAST SIKKIM, THE FIFTHCAPITAL (1814 – 1891) CAPITAL (1891 – PRESENT)During the period of monarchy the capital of Sikkim was shifted from Yoksam, thefirst capital, to several other places, at different period of history. Period Place1642–1649 Yoksum, West Sikkim1649–c. 1696 & 1709–1788 Rabdentse, West Sikkim1788–1790 and 1791–c. 1814 g. Yul rgyal pho brang (near Kabi)1814–1891 Tumlong, Chumbi1891–Present Gangtok. The Gangtok palace was Completed in 1888 but was partially destroyed by an earthquake in the same year and became the royal residence after 1891. The original palace was destroyed by fire in 1926, after which the royal family moved into the royal guest house which has served as the palace ever since. [Source: Royal Records: A catalogue of the Sikkimese Palace Archive] [Photo credit: Sikkim Archives] 8

NAMGYAL DYNASTY (1641 – 1974)PHOTOGRAPH OF A BRONZE STATUE OF THE 1ST KING OF SIKKIM PHUNTSOK NAMGYAL 9

THUTOB NAMGYAL SIDKEONG NAMGYAL[9TH KING] (1874 – 1914) [10TH KING] (1914 – 1915)TASHI NAMGYAL PALDEN THONDUP NAMGYAL[11TH KING] (1915 – 1963) [12TH KING] (1963 – 1975) [Photo credit: Sikkim Archives]Note: Out of the twelve Namgyal kings, photograph/statue/painting of only five kings could be traced. 10

NAMGYAL DYNASTY*IN ALL, THE NAMGYAL DYNASTY RULED SIKKIM For 333 years (1641-1974) NAME OF THE KING PERIOD OF RULE1. Phuntsok Namgyal 1643 – 16702. Tensung Namgyal 1670 – 16963. Chakdor Namgyal ? – 17174. Gyurmed Namgyal 1717 – 17345. Phunstok Namgyal II 1760 – 17806. Tenzing Namgyal 1780 – 17907. Tsughphud Namgyal 1790 - 18638. Sidkeong Namgyal 1861 – 18749. Thutob Namgyal 1874 - 191410. Sidkeong Tulku Namgyal February 1914 – December 191411. Tashi Namgyal 1915 – 196312. Palden Thondup Namgyal 1963 - 1975*[Source: Royal Records: A catalogue of the Sikkimese Palace Archive] 11

MAPS SHOWING BOUNDARIES OF SIKKIM IN 1642 AND PRESENT DAYSIKKIM IN 1642* PRESENT SIKKIMLOSS AND GAIN OF TERRITORIES BY SIKKIM IN THE PAST **The kingdom of Sikkim in the past was many times its size today. In the north – itextended to Thang La (near Phari, Tibet); in the east – to Tagong La (near Paro,Bhutan); in the south – Titalia (near the borders of Bihar and Bengal, India) and in thewest – to Timar Chorten (Tamar river, Nepal).In the eighteenth century Sikkim lost considerable territories first to Bhutan and thento Nepal due to internal feuds and foreign aggressions. The Gurkha expansion underRaja Prithwinarayan Shah led to loss of all Lepcha and Tsong lands in what was thenWestern Sikkim. During the reign of Gyurmed Namgyal, the limboo subjects wereharried and distressed by the King by calling them out unnecessarily to fight andagain to build forts and walls, so much that in despair they threw off their allegianceand joined Nepal leading to loss of Limbuana country. There were border disputeswith Tibet also. In 1817 and in 1834–1835 territories constituting Darjeeling district,including territories in the southern borders constituting Titalia, Purnia and Kishangunjwere acquired by the British East India Company. In 1880s Sikkim's right to theChumbi Valley was surrendered to Tibeto-Chinese authorities by the British authoritiesin India.Sikkim today covers an area of 2818 sq. miles, and is situated roughly alonglongitudes 88 and 89 East and latitudes 27 and 28 North.*[Courtesy: Mrs Justice Meenakshi M. Rai] **[Source: The Gazetteer of Sikhim & Sikkim a Concise Chronicle] 12

\"LO-MEN-TSHONG SUM\" : [ TRIPARTITE AGREEMENT ] 1641* *[COURTESY: NAMGYAL INSTITUTE OF TIBETOLOGY] 13

TRIPARTITE AGREEMENT: \"LO-MEN-TSHONG SUM\", 1641 * \"Hi! Please observe, please behold, please listen, Name. From the KumtuZangpo the foremost Buddha, to the root Guru of our time and their ocean likeguardian deities of Dharma may please appear in their wrathful form and behold (atthis occasion) without your body, speech and mind distracted elsewhere. All theocean like guardian deities; the male Dharma Palas, Female protectors of theChogyal of this country and the Dharma, may also appear in their fiercely wrathfulforms and behold at this occasion without distractions of their body, speech andmind. Pal Yeshe-Kyl Gompo Mahakala Manning Nangpo, Gompos of body, speech,mind, quality and action Za-Yi Gehen Ra-hla and light division of gods and Demi-gods may please listen without being distracted. Chogyal Chempo, his all consorts,Ministers and followers to whom the Guru Rimpoche gave his commands, hisfollowers, Demons, Nagas and Tsen (Dud, Tsen, Lu) Baishramana, Dorjee Shugden,Dorjee Dadul, Pehar Gyalpo and Gualpos of recent and ancient with eight divisionsof wrathful spirits may also appear in their wrathful form and behold this occasionnot having their body, speech and mind distracted elsewhere. Moreover, Zad-ngaTaktse the great treasure holder of this Valley, Thang Lhe, Gabur Gangtsan, TwelveTonmas, Ya-dud Cham-dral the guardian deities of the lower valley. Sride RongtsenEkazati and all the female guardians, the guardians of middle valley Pawa hungerand hundred thousand of millions of armies of Lha Tsen, Dud and Lu-may alsoappear in their wrathful form and behold at this occasion not having their body,speech and mind distracted elsewhere. ln this hidden valley of Guru Rimpoche, theguardian deities of the retreat centres holding the lineage of Zongpo Chempo; thearmies of Dud, Ten, Lu and treasure holders residing in mountains, valleys, trees, rocksand lands and lawns, the guardian deities of Thek-Chek Yangtse, Pema Yangntse,Rabdenatse, Tashiding and other places may appear in their wrathful form andbehold at this occasion. All the deities and guardians worshipped by us the peopleof four parts of Ti-Ting Hkapa Barpung. Linguam, Dangs zongs, Tsong and Mongposmay please behold undistracted. We the leaders and ministers have met her according to the wishes of theLord of Men and we hereby pledge and put our seals to the agreement that thepeople \"Lo-Men-Tsong-Sum\" will hereafter integrate our wishes and will not haveseparate self government of Lo (Bhutia), Men (Lepcha) and Tsong (Limboo) but willabide by one order only. During the last Mongpa war some people’s action werenoted and let them be beware of now from this year of water hare onwards we willabide by the commands of the King, the Guru and his sons and will never let arise abad thought against Sikkim. We the ministers and leaders of Sikkim including those of the eightcommunities of Lhopas hereby pledge that “Lho-Men-Tsong-Sum” will have onedestiny and one government. They will fight together with their foes and they willfeast together with their friends. They will bring in the intelligence of others but theywill never take out the secret of the inside. If there be any not abiding by this pledgeand mischief and disturb the peace and harmony of “Lho-Men-Tsong-Sum”, 14

whoever he may be, the above mentioned guardian deities will see the truth. Insuch a case the afore mentioned deities are beseeched to appear in their wrathfulforms and with their forceful sound of Hung! Phat! and they are beseeched to makethe criminals go mad and devour their flesh, blood and heart without delaying foryears, months, days and even for a moment. Kharam Kha Hi! Those who abide bythis pledge, respect the above mentioned deities abide by the agreement signedby us, the ministers and leaders, wish only good for the Chogyal, his Gurus and hissons, and serve the both physically and peace (Mak, Lag, Jung, Sum), may they beseen by the afore said guardian deities and may their life, fortune, glory and wealthbe made to increase like the waxing moon. lf any among \"Lho-Men-Tsong-Sum\",would not abide by this pledge will be made to pay three ounces of gold as pledgebreach fee and there after he will be punished according to the degree of crime hehas committed from slight physical punishment to the extent of death penalty. Nohesitation will be made in execution of this punishment so that all may keep this intheir minds. The seal of following were put : 1 .The minister of Sikkim-Dak Shar, 2. Dechen Namgyal of Tritong Khampa (Tshongkor Lak-Kor), 3. Thar Thim of Barpung, 4. Tamchin Dorleg, 5. Tencho of Lingdam, 6. Chope Drop, 7. Gu-Ju of Drang Tod, 8. Nangpo of Bodrongpa, 9. Tsong Subba, Namphang, 10. Tsong Yug Shug, 11. Mo Zang (or Morang) Mig Tshep, 12. Tsa Tai 13. Poshing 14. Matsi To, 15. Labung Thopa Kui 16. Deshe Hang 17. Mig Yom Ajamta, 15

18. Modenpa19. Peghapa,20. Bolobir21. Tapa Agod of Rathang Chun Gupa22. Tapa Shuphang of Ringbi Ching Gupa,23. Tapa Gea Kyab of Galed Chung Gupa,24. Pelo.Thus created on Water Hare Year at De Phuntso Khangsar”. The King Phunchung Namgyal gave full autonomy of the Limboos withthe following Royal Proclamation: The Tsong or Subba or Limboo Chiefs are hereby authorized to rule theirdistricts under the title of \"Subbas\" with all the facilities of enjoying their tribalrites in social and religious functions by beating the royal band called Negara(Perlge) or cattle-dum. By order of the King of Sikkim From Yarsa Palace dated, : Earth and Sheep years (Sa Luk Dawa Dun Chhe 27 Yarsa) Translated from Original Text by Prof. Ringu Tulku Government Degree College, Gangtok, Sikkim. on 31st August, 1984. *[COURTESY: NAMGYAL INSTITUTE OF TIBETOLOGY] 16

TREATY OF SEGOWLEE* 02.12.1815TREATY of PEACE between the HONOURABLE EAST lNDIA COMPANY AND MAHARAJAH BlRKRAM SAH, Rajah of Nipal, settled between LIEUTENANT–COLONELBRADSHAW on the part of the HONOURABLE COMPANY in virtue of the full powersvested in him by HIS EXCELLENCY the RlGHT HONOURABLE FRANCIS, EARL of MOIRA,KNIGHT of the MOST NOBLE ORDER of the GARTER, one of HIS MAJESTY's MOSTHONOURABLE PRIVY COUNCIL, appointed by the Court of Directors of the saidHonourable Company to direct and control all the affairs in the East lndies, and bySREE GOOROO GUJRAJ MISSER and CHUNDER SEEKUR OPEDEEA on the part ofMAHA RAJAH GIRMAUN JODE BIKRAM SAH BAHAUDER, SHUMSHEER JUNG, in virtue ofthe powers to that effect vested in them by the said Rajah of Nipal, - 2nd December1815. Whereas war has arisen between the Honourable East India Company andthe Rajah of Nipal, and whereas the parties are mutually disposed to restore therelations of peace and amity which, previously to the occurrence of the latedifferences, had long subsisted between the two States, the following terms ofpeace have been agreed upon :- ARTICLE 1st There shall be perpetual peace and friendship between the Honourable EastIndia Company and the Rajah of Nipal. ARTICLE 2nd The Rajah of Nipal renounces all claim to the lands which were the subject ofdiscussion between the two States before the war; and acknowledges the right ofthe Honourable Company to the sovereignty of those lands. ARTICLE 3rd The Rajah of Nipal hereby cedes to the Honourable the East India Companyin perpetuity all the under mentioned territories, viz.- First – the whole of the low lands between the Rivers Kali and Rapti. 17

Secondly – The whole of the low lands (with the exception of Bootwul Khass)lying between the Rapti and the Gunduck. Thirdly – The whole of the low lands between the Gunduck and Coosah, inwhich the authority of the British Government has been introduced, or is in actualcourse of introduction. Fourthly – All the Low lands between the Rivers Mitchee and the Teestah. Fifthly – All the territories within the hills eastward of the River Mitcheeincluding the fort and lands of Nagree and the Pass of Nagarcote leading fromMorung into the hills, together with the territory lying between that Pass and Nagree.The aforesaid territory shall be evacuated by the Gurkha troops within forty daysfrom this date. ARTICLE 4th With a view to indemnify the Chiefs and Barahdars of the State of Nipal,whose interests will suffer by the alienation of the lands ceded by the foregoingArticle, the British Government agrees to settle pensions to the aggregate amount oftwo lakhs of rupees per annum on such Chiefs as may be selected by the Rajah ofNipal, and in the proportions which the Rajah may fix. As soon as the selection ismade, Sunnud shall be granted under the seal and signature of the Governor-General for the pensions respectively. ARTICLE 5th The Rajah of Nipal renounces for himself, his heirs, and successors, all claim toor connection with the countries lying to the west of the River Kali and engagesnever to have any concern with those countries or the inhabitants thereof. ARTICLE 6th The Rajah of Nipal engages never to molest or disturb the Rajah of Sikkim inthe possession of his territories; but agrees, if any difference shall arise between theState of Nipal and the Rajah of Sikkim, or the subjects of either, that such differencesshall be referred to the arbitration of the British Government by which award theRajah of Nipal engages to abide. 18

ARTICLE 7th The Rajah of Nipal hereby engages never to take or retain in his service anyBritish subject, nor the subject of any European or American State, without theconsent of the British Government. ARTICLE 8th In order to secure and improve the relations of amity and peace herebyestablished between the two States, it is agreed that accredited Ministers from eachshall reside at the Court of the order. ARTICLE 9th This treaty, consisting of Nine Articles, Shall be ratified by the Rajah of Nipalwithin fifteen days from this date, and the ratification shall be delivered toLieutenant-Colonel Bradshaw, who engages to obtain and deliver the ratification ofthe Governor-General within twenty days, or sooner, if practicable. Done at Segowlee, on the 2nd day of December 1815. Sd/- PARIS BRADSHAW, Lt. - Col., P.A. Received this treaty from Chunder Seekur Opedeea, Agent on the part of theRajah of Nipal, in the valley of Muckwaunpoor, at half-past two o'clock p.m. on the4th of March 1816, and delivered to him the Counterpart Treaty on behalf of theBritish Government. Sd/- D.D. OCHTERLONY, Agent, Governor-General *[COURTESY: NAMGYAL INSTITUTE OF TIBETOLOGY] 19

TREATY OF TITALIA, 1817 ENTERED BETWEEN THE EAST INDIA COMPANY ANDSIKKIM GAVE FULL SOVEREIGNTY TO THE SIKKIMPUTTEE RAJHA OF ALL HILLY ORMOUNTAINOUS COUNTRY SITUATED TO THE EAST OF THE MECHI RIVER AND TOTHE WEST OF THE TEESTA RIVER FORMALLY OCCUPIED BY NEPAL. TREATY OF TITALIA* 10.02.1817TREATY, COVENANT or AGREEMENT entered into by CAPTAIN BARRE LATTER, AGENTon the part of HIS EXCELLENCY, the RIGHT HON’BLE, the EARL OF MOIRA, K.G.,GOVERNOR GENERAL, etc., and by NAZIR CHAINA TENJIN and MACHA TEINBAH andLAMA DUCHIM LONGADOO, Deputies on the part of the RAJA OF SIKKMPUTTEEbeing severally authorized and duly appointed for the above purposes – 1817. ARTICLE IThe Honourable East India Company cedes, transfers and makes over in fullsovereignty to the Sikkimputtee Rajah, his heirs or successors, all the hilly ormountainous country situated to the eastward of the Mechi river and to the westwardof the Teesta river, formerly possessed by the Rajah of Nepaul but ceded to theHonourable East India Company by the treaty of peace signed at Segoulee. ARTICLE II The Sikkimputtee Rajah engages for himself and successors to abstain fromany acts of aggression or hostility against the Goorkhas or any other State. ARTICLE III That he will refer to the arbitration of the British Government any dispute orquestion that may arise between his subjects and those of Nepaul or any otherneighbouring State and to abide by the decision of the British Government. 20

ARTICLE IV He engages for himself and successors to join the British troops with the wholeof his military force when employed in the Hills and in general to afford the Britishtroops every aid and facility in his power. ARTICLE V That he will not permit any British subject nor the subject of any European andAmerican state to reside within his dominions, without the permission of the English-Government. ARTICLE VI That he will immediately seize and deliver up any dacoits or notoriousoffenders that might take refuge within his territories. ARTICLE VII That he will not afford protection to any defaulters of revenue or otherdelinquents when demanded by the British Government through their accreditedagents. ARTICLE VIII That he will afford protection to merchants and traders from the Company’sprovince and he engages that no duty shall be levied on the transit of merchandisebeyond the established custom at the several golah or marts. ARTICLE IX The Honourable East India Company guarantees to the Sikkimputtee Rajahand his successors, the full and peaceable possession of the tract of hilly countryspecified in the First Article of the present Agreement. ARTICLE X This treaty shall be ratified and exchanged by the Sikkimputtee Rajah withinone month from the present date and the counterpart when confirmed by HisExcellency, the Right Honourable the Governor-General, shall be transmitted to theRajah. 21

Done at Titalia, this tenth day of February 1817 answering the 9th of Phagoon1873 Sumbut and to the thirteenth of Maugh 1223 Bengallie.Sd/-Barre Latter Sd/- MoiraSd/-Nazir Chaina Tenjin Sd/- N.B. EdmonstoneSd/-Macha Teinbah Sd/- Archd. SetonSd/-Lama Duchim Longadoo Sd/- Geo. Dowedswell Ratified by the Governor-General in Council at Fort William, this Fifteenth dayof March, One Thousand Eight Hundred and Seventeen. Sd/- J. Adam, Acting Chief Secretary to Government. *[COURTESY: NAMGYAL INSTITUTE OF TIBETOLOGY] 22

SUNNUD GRANTED TO THE RAJAH OF SIKKIM, 07.04.1817 The Honourable East India Company, in consideration of the servicesperformed by the Hill tribes under the control of the Rajah of Sikkim, and of theattachment shown by him to the interest of the British Government, grants to theSikkimputtee Rajah, his heirs and successors, all that portion of low land shadedeastward of the Meitche River, and westward of the Maha Nuddee, formerlypossessed by the Rajah of Nepaul, but ceded to the Honourable East IndiaCompany by the Treaty of Segoulee, to be held by the Sikkimputtee Rajah as afeudatory, or as acknowledging the supremacy of the British Government over thesaid lands, subject to the following dominions. The British Laws and Regulations will not be introduced into the territories inquestion, but the Sikkimputtee Rajah is authorized to make such laws and regulationsfor their internal Government, as are suited to the habits and customs of theinhabitants, or that may be in force in his other dominions. The articles of Provisions of the Treaty signed at Titalya on the 10th February1817, and ratified by his Excellency the Right Honourable the Governor-General inCouncil on the 15th March following, are to be in force with regard to the landshereby assigned to the Sikkimputtee Rajah, as far as they are applicable to thecircumstances of those lands. It will be especially incumbent on the Sikkimputtee Rajah and his officers tosurrender, on application from the officers of the Honourable Company, all personscharged with criminal offences, and all public defaulters who may take refuge inthe lands now assigned to him, and to allow the police officers of the BritishGovernment to pursue into those lands and apprehend all such persons. In consideration of the distance of the Sikkimputtee Rajah's residence fromthe Company's Provinces, such orders as the Governor-General in Council may,upon any sudden emergency, find it necessary to transmit to the local authorities inthe lands now assigned, for the security or protection of those lands, are to beimmediately obeyed and carried into execution in the same manner as comingfrom the Sikkimputtee Rajah. In order to prevent all disputes with regard to the boundaries of the low landsgranted to the Sikkimputtee Rajah, they will be surveyed by a British Officer, and theirlimits accurately laid down and defined. 23

DEED OF DARJEELING GRANT, 01.02.1835 Translation of the Deed of Grant making over Darjeeling to the East IndiaCompany dated 29th Maugh, Sambat 1891, A.D., 1st February 1835 The Governor-General having expressed his desire for the possession of the Hillof Darjeeling, on account of its cool climate, for the purpose of enabling theservants of his Government, suffering from sickness, to avail themselves of itsadvantages, l, the Sikkimputtee Rajah, out of friendship to the said Governor-General, hereby present Darjeeling to the East India Company, that is, all the landSouth of the Great Runjeet River, east of the Balasun, Kahail, and Little Runjeet Rivers,and west of the Rungno and Mahanuddi Rivers.Seal of the Rajah prefixed Sd/- A. CAMPBELL,to the document. Superintendent of Darjeeling and in charge of political relations with Sikkim. 24

TREATY OF TUMLOONG, 28.03.1861TREATY, COVENANT, or AGREEMENT entered into by the HONOURABLE ASHLEY EDEN,ENVOY and SPECIAL COMNIISSIONER on the Part of the BRITISH GOVERNMENT, invirtue of full powers vested in him by the RIGHT HONOURABLE CHARLES, EARLCANNING, GOVERNOR-GENERAL in COUNCIL, and by HIS HIGHNESS SEKEONGKUZOO, MAHARAJAH of SIKKIM on his own Part, - 1861 Whereas the continued depredations and misconduct of the officers andsubjects of the Maharajah of Sikkim, and the neglect of the Maharajah to affordsatisfaction for the misdeeds of his people have resulted in an interruption for manyyears past of the harmony which previously existed between the British Governmentand the Government of Sikkim, and have led ultimately to the invasion andconquest of Sikkim by a British force; and whereas the Maharajah of Sikkim has nowexpressed his sincere regret for the misconduct of his servants and subjects, hisdetermination to do all in his power to obviate future misunderstanding, and hisdesire to be again admitted into friendship and alliance with the British Government,it is hereby agreed as follows :-1. AII previous treaties made between the British Government and the SikkimGovernment are hereby formally cancelled.2. The whole of Sikkim territory now in the occupation of the British forces isrestored to the Maharajah of Sikkim, and there shall henceforth be peace and amitybetween the two states.3. The Maharajah of Sikkim undertakes, so far as is within his power, to restorewithin one month from the date of signing this Treaty all public property which wasabandoned by the detachment of British Troops at Rinchinpoong.4. In indemnification of the expenses incurred in 1860 by the British Governmentin occupying a portion of the territory of Sikkim as a means of enforcing just claimswhich had been evaded by the Government of Sikkim and as a compensation tothe British Subjects who were pillaged and kidnapped by the Subjects of Sikkim, theSikkim Government agrees to pay to the British authorities at Darjeeling the sum of Rs.7,000 (Seven thousand) rupees in the following instalments, that is to say:-May 1st, 1861 1,000November 1st, 1861 3,000May 1st, 1862 3,000 As security for the due payment of this amount, it is further agreed that, in theevent of any of these instalments not being duly paid on the date appointed, theGovernment of Sikkim shall make over the British Government that portion of itsterritory bounded on the South by the River Rummam, on the east by the GreatRunjeet River, to the Singaleelah Range, including the monasteries of Tassiding,Pemonchi, and Changacheling and on the west by the Singaleelah Mountain 25

Range, and the British Government shall retain possession of this territory and collectthe revenue thereof, until the full amount, with all expenses of occupation andcollection and interest at 6 per cent per annum, are realized.5. The Government of Sikkim engages that its subjects shall never again commitdepredations on British territory, or kidnap or otherwise molest British subjects. In theevent of any such depredation or kidnapping taking place, the Government ofSikkim undertakes to deliver up all the persons engaged in such malpractice, as wellas the Sirdars or other Chiefs conniving at or benefitting thereby.6. The Government of Sikkim will at all times seize and deliver up any criminals,defaulters, or other delinquents who may have taken refuge within its territory, ondemand being duly made in writing by the British Government through theiraccredited agents. Should any delay occur in complying with such demand, thepolice British Government may follow the person whose surrender has beendemanded into any part of Sikkim territory, and shall, on showing a warrant, dulysigned by the British Agent, receive every assistance and protection in theprosecution of their object from the Sikkim Officers.7. Inasmuch as the late misunderstandings between the two Governments havebeen mainly fomented by the acts of the ex-Dewan Namguay, the Government ofSikkim engages that neither the said Namguay, nor any of his blood-relations shallever again be allowed to set foot in Sikkim or to take part in the Council of, or holdany office under, the Maharajah or any of the Maharajah’s family at Choombi.8. The Government of Sikkim from this date abolishes all restrictions on travellersand monopolies in trade between me British territories and Sikkim. There shallhenceforth be a free reciprocal intercourse, and full liberty of Commerce betweensubjects of both countries; it shall be lawful for British subjects to go into any part ofSikkim for the purpose of travel or trade, and the subjects of all countries shall bepermitted to reside in and pass through Sikkim, and to expose their goods for sale atany place and in any manner that may best suit their purpose, without anyinterference whatever, except as hereinafter provided.9. The Government of Sikkim engages to afford protection to all travellers,merchants or traders of all countries, whether residing in, trading in, or passingthrough Sikkim. lf any merchant, traveller or trader, being a European British subject,shall commit any offence contrary to the laws of Sikkim, and such person shall bepunished by the representative of the British Government resident at Darjeeling, andthe Sikkim Government will at once deliver such offender over to the Britishauthorities for this purpose, and will, on no account, detain such offender in Sikkimon any pretext or pretence whatever. All other British subjects residing in the countryto be liable to the laws of Sikkim; but such persons shall, on no account, be punishedwith loss of limb, or maiming, or torture, and every case of punishment of a BritishSubject shall at once be reported to Darjeeling. 26

10. No duties or fees of any sort shall be demanded by the Sikkim Government ofany person or persons on account of goods exported into the British territories fromSikkim, or imported into Sikkim from the British Territories.11. On all goods passing into or out of Tibet, Bhootan or Nepaul, the Governmentof Sikkim any levy a duty of customs according to such a scale as may, from time totime, be determined and published without reference to the destination of thegoods, provided, however, that such duty shall, on no account, exceed 5 per centon the value of goods at the time and place of the levy of duty. On the payment ofthe duty aforesaid a pass shall be given exempting such goods from liability tofurther payment on any account whatever.12. With the view to protect the Government of Sikkim from fraud on account ofundervaluation for assessment of duty, it is agreed that their custom officers shallhave the option of taking over for the Government any goods at the value affixedon them by the owner.13. In the event of the British Government desiring to open out a road throughSikkim, with the view of encouraging trade, the Sikkim Government will raise noobjection thereto, and will afford every protection and aid to the party engaged inthe work. If a road is constructed, the Government of Sikkim undertakes to keep it inrepair, and to erect and maintain suitable travellers' rest houses throughout its route.14. lf the British Government desires to make either a topographical or geologicalsurvey of Sikkim, the Sikkim Government will raise no objection to this being done,and will afford protection and assistance to the officers employed in this duty.15. Inasmuch as many of the late misunderstandings have had their foundation inthe custom which exists in Sikkim of dealing in slaves, the Government of Sikkim bindsitself, from this date, to punish severely any person trafficking in human beings, orseizing persons for the purpose of using them as slaves.16. Henceforth the subjects of Sikkim may transport themselves without let orhindrance to any country to which they may wish to remove. In the same way theGovernment of Sikkim has authority to permit the subjects of other countries, notbeing criminals or defaulters, to take refuge in Sikkim.17. The Government of Sikkim engages to abstain from any acts of aggression orhostility against any of the neighbouring states which are allies of the BritishGovernment. lf any disputes or questions arise between the people of Sikkim andthose of the neighbouring states such disputes or questions shall be referred to thearbitration of the British Government, and Sikkim Government agrees to abide by thedecision of the British Government.18. The whole military forces of Sikkim shall join and afford every aid and facilityto British Troops when employed in the Hills. 27

19. The Government of Sikkim will not cede or lease any portion of its territory toanother State without the permission of the British Government.20. The Government of Sikkim engages that no armed force belonging to anyother country shall pass through Sikkim without the sanction of the BritishGovernment.21. Seven of the criminals, whose surrender was demanded by the BritishGovernment, having fled from Sikkim and taken refuge in Bhootan, the Governmentof engages to do all in its power to obtain the delivery of those persons from theBhootan Government, and in the event of any of these men again returning toSikkim, the Sikkim Government binds itself to seize them, and to make them over tothe British Authorities at Darjeeling without delay.22. With the view to the establishment of an efficient Government in Sikkim, andto better maintenance of friendly relations with the British Government, theMaharajah of Sikkim agrees to remove the seat of his Government from Tibet toSikkim and to reside there for nine months in the year. It is further agreed that aVakeel shall be accredited by the Sikkim Government, who shall reside permanentlyat Darjeeling.23. This treaty, consisting of twenty-three Articles, being settled and concludedby the Honourable Ashley Eden, British Envoy and His Highness Sekeong KuzooSikkimputtee Maharajah, at Tumloong, this 28th day of March, 1861 correspondingwith 17th Dao Neepoo, 61, Mr. Eden has delivered to the Maharajah a copy of thesame in English with translation in Nagri and Bhootiah, under the seal and signatureof the said Honourable Ashley Eden and His Highness the Sikkimputtee Maharajahand the Sikkimputtee Maharajah has in like manner delivered to the saidHonourable Ashley Eden another copy also in English with translation in Nagri andBhootiah, bearing the seal of His Highness and the said Honourable Ashley Eden. Theenvoy engages to procure the delivery to His Highness within six weeks from this dateof copy of this Treaty, duly ratified by His Excellency, the Viceroy and Governor-General of India in Council and this treaty shall in the meantime be in full force.(Seal) Sd/- Sekeong KuzooSikkimputtee,ENVOY (seal) Sd/- Ashley Eden(seal) Sd/- Canning Ratified by His Excellency, the Viceroy and Governor-General of India atCouncil at Calcutta on the Sixteenth day of April, 1861. Sd/- G.U. Aitchison, Under Secretary to the Government of India. 28

BRITAIN - CHINA CONVENTION, 17.03.1890 Whereas HER MAJESTY the QUEEN of the UNITED KINGDOM of GREAT BRITAINand IRELAND, EMPRESS of INDIA, and HIS MAJESTY the EMPEROR of CHINA, aresincerely desirous to maintain and perpetuate the relations of friendship and goodunderstanding which now exists between their respective Empires, and whereasrecent occurrences have tended towards a disturbance of the said relations, and itis desirable to clearly define and permanently settle certain matters connected withthe boundary between SIKKIM and TIBET, HER BRITANNIC MAJESTY and HIS MAJESTYthe EMPEROR of CHINA have resolved to conclude a Convention on this subject andhave, for this purpose, named plenipotentiaries that is to say; HER MAJESTY the Queen of Great Britain and Ireland, HIS EXCELLENCY theMOST HON’BLE HENRY CHARLES KEITH PETTY FITZMAURICE, G.M.S.l., G.C.M.G., C.M.I.E.,Marques of Lansdowne, Viceroy and Governor-General of India. And His Majesty the Emperor of China, HIS EXCELLENCY SHENG TAJ, ImperialAssociate Resident in Tibet, Military Deputy Lieutenant-Governor. Who having met and communicated to each other their full powers, andfinding these to be in proper form, having agreed upon the following Convention ineight Articles. I. The boundary of Sikkim and Tibet shall be the crest of the mountain rangeseparating the waters following into Sikkim Teesta and its affluents from the watersflowing into the Tibetan Mochu and northwards into other rivers of Tibet. The linecommences at Mount Gimpmochi on the Bhootan frontier and follows the abovementioned water parting to the point where it meets Nepaul Territory. II. It is admitted that the British Government, whose protectorate over theSikkim State is hereby recognised, has direct and exclusive control over the internaladministration and foreign relations of that state, and except through and with thepermission of the British Government, neither the Ruler of the State nor any of itsofficers shall have official relations of any kind, formal or informal with any othercountry. III. The Government of Great Britain and Ireland and the Government ofChina engage reciprocally to respect the boundary as define in Article I, and toprevent acts of aggression from their respective sides of the frontier. IV. The question of providing increased facilities for trade across the Sikkim-Tibet frontier will hereafter be discussed with a view to a mutually satisfactoryarrangement by High Contracting powers. V. The question of pasturage on the Sikkim side of the frontier is reserved forfurther examination and future adjustment. 29

VI. The High Contracting powers reserve for discussion and arrangement themethod in which official communications between the British authorities in India andthe authorities in Tibet shall be conducted. VII. Two joint Commissioners shall, within six months from ratification of thisConvention be appointed one by the British Government in India the other by theChinese Resident in Tibet. The said commissioners shall meet and discuss thequestions which by the last three preceding Articles have been reserved. Vlll. The present Convention shall be ratified, and the ratification shall beexchanged in London as soon as possible after the date of signature thereof.In witness whereof the respective negotiators have signed the same and affixedthereunto the seals of their arms. Done in quadruplicate at Calcutta this Seventeenth day of March in the yearof our Lord One Thousand Eight hundred and Ninety, corresponding with theChinese date the seventh day of the second moon of the sixteenth year of KuangHsu. Sd/- Sheng Taj SD/- LansdomeCHINESE SEAL AND SIGNATURE Viceroy and Governor General 30

SIKKIM – TIBET CONVENTION, 05.12.1893 — TRADEI. A trade-mart shall be established at Yatung on the Tibetan side of the frontier,and shall be open to all British subjects for purposes of the trade from the first day ofMay 1894. The Government of India shall be free to send officers to reside at Yatungto watch the conditions of British trade at that mart.II. British subjects trading at Yatung shall be at liberty to travel to and fro betweenthe frontier and Yatung, to reside at Yatung, and to rent houses and godowns fortheir own accommodation and the storage of their goods. The Chinese Governmentundertake that suitable buildings for the above purposes shall be provided for Britishsubjects, and also that a special and fitting residence shall be provided for theofficer or officers appointed by the Government of India under Regulation I to resideat Yatung. British subjects shall be at liberty to sell their goods to whomsoever theyplease, to purchase native commodities in kind or in money, to hire transport of anykind and in general to conduct their business transactions in conformity with localusage, and without any vexatious restrictions. Such British subjects shall receiveefficient protection for their persons and property. At Lang-Jo and Ta-Chun,between the frontier and Yatung, where rest houses have been built by the Tibetanauthorities, British subjects can break their journey in consideration of a daily rent.III. Import and export trade in the following articles-arms, ammunitions, militarystores, salts, liquors, and intoxicating or narcotic drugs may at the option of the eitherGovernment be entirely prohibited, or permitted only on such conditions as eitherGovernment on their own side may think fit to impose.IV. Goods, other than goods of descriptions enumerated in the Regulation III,entering Tibet from the British India, across the Sikkim-Tibet frontier, or vice versa;whatever their origin, shall be exempt from duty for the period of five yearscommencing from the date of opening of Yatung to trade; but after the expirationof this term, if found desirable, a tariff may be mutually agreed upon and enforced.Indian tea may be imported into Tibet at a rate of duty not exceeding that at whichChinese tea is imported into England, but trade in Indian tea shall not be engagedin during the five years for which other commodities are exempt.V. All goods on arrival at Yatung, whether from British India or Tibet, must bereported at the customs stations there for examination, and the report must give fullparticulars of the description, quantity and value of the goods.VI. In the event of trade disputes arising between British and Chinese or Tibetansubjects in Tibet, they shall be enquired into and settled in personal conference bythe political officer for Sikkim and the Chinese frontier officer. The object of personalconference being to ascertain facts and do justice; where there is a divergence ofviews the law the country to which the defendant belongs shall guide. 31

COMMUNICATIONVII. Despatches from the Government of India to the Chinese Imperial Resident inTibet shall be handed over by the Political Officer for Sikkim to the Chinese frontierofficer, who will forward them by special courier. Despatches from the Chinese imperial Resident in Tibet to the Government ofIndia will be handed over by the Chinese frontier to the political officer for Sikkim,who will forward them as quickly as possible.VIII. Despatches between the Chinese and Indian Officials must be treated withdue respect, and couriers will be assisted in passing to and fro by the Officers ofeach Government. PASTURAGEIX. After the expiration of one year from the date of the opening of Yathung, suchTibetans as continue to graze their cattle in Sikkim will be subject to such Regulationsas the British Government may from time to time enact for the general conduct ofgrazing in Sikkim. Due notice will be given of such regulations. GENERAL ARTICLESI. In the event of disagreement between the political officer of Sikkim and theChinese frontier officer, each official shall report the immediate superior, who, inturn, if a settlement is not arrived between them, shall refer such matters to theirrespective Governments for disposal.II. After the lapse of five years from the date on which these regulations shall comeinto force, and on six months' notice given by either party, these Regulations shall besubject to revision by Commissioners appointed on both sides for this purpose whoshall be empowered to decide on and adopt such amendments and extensions asexperience shall prove to be desirable.III. It having been stipulated that Joint Commissioners shall be appointed by theBritish and Chinese Government under the seventh article of the Sikkim-TibetConvention to meet the discuss, with a view of the final settlement of the questionsreserved under articles 4, 5, 6 of the said Convention; and the Commissioners thusappointed having met and discussed the questions referred to, namely, Trade,Communication and Pasturage, have been further appointed to sign theagreement in the nine Regulations and three general articles now arrived at, and todeclare that the said nine articles and the three general articles form the part of theConvention itself.In witness whereof the respective Commissioners have hereto subscribed theirnames. 32

Done in quadruplicate at Darjeeling this 5th day of December, in the year OneThousand Eight hundred and Ninety-three corresponding with the Chinese date the28th day of the 10th moon of the 19th year of Kaung Hsu.Sd/- HO CHANG JUNG Sd/- A. W. PAULChinese Commissioner British CommissionerSd/- JAMES H. HARTThe 5th December, 1893 33

SIKKIM GOVERNMENT COMMUNIQUÉ [7TH JUNE, 1949] 34

INDO-SIKKIM TREATY, 05.12.1950 The President of India and His Highness the Maharaja of Sikkim being desirousof further strengthening the good relations already existing between India and Sikkimhave resolved to enter into a new Treaty with each other and the President of Indiahas for the purpose appointed as his Plenipotentiary SHRI HARISHWAR DAYAL,Political Officer in Sikkim and HIS HIGHNESS THE MAHARAJA having examined ShriHarishwar Dayal's credentials and found them good and in due form the two haveagreed as follows : ARTICLE I All previous treaties between the British Government and Sikkim which are atpresent in force as between India and Sikkim are hereby cancelled. ARTICLE II Sikkim shall continue to be a Protectorate of India and subject to theprovisions of this Treaty shall enjoy autonomy in regard to its internal affairs. ARTICLE III(1) The Government of India will be responsible for the defence and territorialintegrity of Sikkim. It shall have the right to take such measures as it considersnecessary for the defence of Sikkim or the security of India, whether preparatory orotherwise, and whether within or outside Sikkim. In particular, the Government ofIndia shall have the right to station troops anywhere in Sikkim.(2) The measures referred to in para (1) will be as far as possible be taken by theGovernment of India in consultation with the Government of Sikkim.(3) The Government of Sikkim shall not import any arms ammunitions, militarystores or other warlike materials of any description for any purpose whatsoeverwithout the previous consent of the Government of India. ARTICLE IV(1) The external relations of Sikkim whether political, economic or financial shallbe conducted and regulated solely by the Government of India and theGovernment of Sikkim shall have no dealings with any foreign power.(2) Subjects of Sikkim travelling to foreign countries shall be treated as Indianprotected persons for the purpose of passports, and shall receive from Indianrepresentatives abroad the same protection and facilities as Indian Nationals. ARTICLE V 35

The Government of Sikkim agrees not to levy any import duty, transit duty orother imports on the goods brought into, or in transit through Sikkim and theGovernment of India agrees not to levy any import or other duty on goods ofSikkimese origin brought into India from Sikkim. ARTICLE VI(1) The Government of India shall have the exclusive right of constructing,maintaining and regulating the use of railways, aerodromes and landing groundsand air-navigation facilities, posts, telegraphs, telephones and wireless installations inSikkim and the Government of Sikkim shall render the Government of India everyassistance in their construction, maintenance and protection.(2) The Government of Sikkim may, however, construct, maintain and regulatethe use of railways and aerodromes and landing grounds and air-navigatingfacilities to such extent as may be agreed to by the Government of India.(3) The Government of India shall have the right to construct and maintain inSikkim roads for strategic purposes and for the purpose of improvingcommunications with India and other adjoining countries; and the Government ofSikkim shall render the Government of India every assistance in the construction,maintenance and protection of such roads. ARTICLE VII(1) Subjects of Sikkim shall have the right of entry into, and free movement withinIndia and Indian nationals shall have the right to entry into, free movement withinSikkim.(2) Subject to such regulations as the Government of Sikkim may prescribe inconsultation of India, Indian nationals shall have:(a) the right to carry on trade and commence in Sikkim; and(b) when established in any trade in Sikkim, the right to acquire, hold and dispose of any property, movable or immovable, for the purposes of their trade or residence in Sikkim.(3) Subjects of Sikkim shall have the same rights;(a) to carry on trade and commerce in India, and to employment therein, and(b) of acquiring, holding and disposing of property movable and immovable, asIndian nationals. ARTICLE VIII(1) Indian nationals within Sikkim shall be subject to the laws of Sikkim andsubjects of Sikkim within India shall be subject to the laws of India. 36

(2) Whenever any criminal proceedings are initiated in Sikkim against any Indiannational or any person in the service of the Government of India or any foreigner,the Government of Sikkim shall furnish the Representative of the Government ofIndia in Sikkim (hereinafter referred to as the India Representative) with particulars ofthe charge against such persons.If in the case of any person in the service of the Government of India or anyforeigner if is so demanded by the Indian Representative, such person shall behanded over to him trial before such court as may be established for the purpose ofthe Government of India either in Sikkim or outside. ARTICLE IX(1) Government of Sikkim agrees to seize and deliver up any fugitive offender fromoutside Sikkim who has taken refuge therein on demand being made by the IndianRepresentative. Should any delay occur in complying with such demand, the Indianpolice may follow the person whose surrender has been demanded into any part ofSikkim, and shall, on showing a warrant by the Indian Representative, receive everyassistance and protection in the prosecution of their object from the Sikkim officers.(2) The Government of India similarly agrees, on demand being made by theGovernment of Sikkim, to take extradition proceedings against, and surrender, anyfugitive offender from Sikkim who has taken refuge in the territory of India.(3) In this article, “fugitive offender” means a person who is accused of havingcommitted an extradition offence as defined in the First Schedule of the IndianExtradition Act, 1903 any other offence which may hereafter be agreed uponbetween the Government of India and the Government of Sikkim as being inextradition offence. ARTICLE X The Government of India, having in mind the friendly relations already existingbetween India and Sikkim and now further strengthened by this treaty and beingdesirous of assisting in the development and good administration of Sikkim, agreesto pay the Government of Sikkim a sum of rupees three lakhs every year so long asthe terms of this Treaty are duly observed by the Government of Sikkim. The first payment under this Article will be made be made before the year1950, and subsequent payments will be made in the month of August every year. ARTICLE XI The Government of India shall have the right to appoint a Representative toreside in Sikkim and the Government of Sikkim shall provide him and his staff with allreasonable facilities in regard to their residential and office accommodation andgenerally in regard to carrying out their duties in Sikkim. 37

ARTICLE XII If any dispute arises in the interpretation of the provisions of this Treaty whichcannot be resolved by mutual consultation, the dispute shall be referred to the ChiefJustice of India whose decision thereon shall be final. ARTICLE XIIIThis Treaty shall come into force without ratification from the date of signature byboth the parties. Done in duplicate at Gangtok on this 5th day of December, 1950.Sd/- HARISHWAR DAYAL, Sd/- TASHI NAMGYALPolitical Officer in Sikkim. His Highness the Maharaja of Sikkim. 38

PUBLIC MEETING DURING THE BEGINNING DAYS OF DEMOCRATIC MOVEMENT INSIKKIM IN EARLY 1950’s.* A MASS RALLY BEING TAKEN OUT BY PRO-DEMOCRATIC FORCES IN 1973** *[COURTESY: B.R.Pradhan] **[COURTESY: IPR] 39