Museum , High Court of Sikkim

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SIKKIM SUBJECT RULES, 1961 142

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12.10.1962: MARRIED WOMEN’S PROPERTY REGULATION, 1962 Home Department Notification No. 1155/H Dated Gangtok, the 12th October 1962. [Published in Sikkim Durbar Gazette dated 12.10.1962] The following proclamation of His Highness the Maharaja of Sikkim is herebynotified:- Whereas it is expedient to provide for the rights of Sikkimese women marriedto persons other than Sikkim Subjects to acquire, hold and dispose of immoveableproperty in Sikkim and to provide for rules of succession to property held by suchSikkimese women.NOW THEREFORE His Highness the Maharaja of Sikkim has been pleased to makeand promulgate the following Regulation:-1. Short title and extent.- (i) This Regulation may be called Married Women’s Property Regulation, 1962. (ii) It shall extend throughout the territory of Sikkim.2. This Regulation shall come into force on such date as may be appointed for thepurpose by His Highness the Maharaja of Sikkim.3. In this regulation the term (a) “Sikkimese” means a person who is a Sikkim Subjectat the time of her marriage, (b) “Law” means Statutes, regulations, rules and includes customary law.4. A Sikkimese woman who hold immoveable property in Sikkim at the time of hermarriage shall continue to hold such property notwithstanding her marriage with aperson who is not a Sikkim Subject and shall have the power to dispose of suchproperty either by sale, mortgage or otherwise to a Sikkim Subject during her life-time. 149

5. A Sikkimese woman married to a person who is not a Sikkim Subject shall have noright to acquire any immoveable property or any interest in such property in theterritory of Sikkim subsequent to her marriage.6. If a Sikkimese woman marries a person who is not a Sikkim Subject the husbandand any offspring born of that marriage shall acquire no interest in any immoveableproperty which she may hold in Sikkim by virtue of Section 4 of this Regulation.7. Notwithstanding the provisions of any other law to the contrary any immoveableproperty in Sikkim which may be held by a Sikkimese woman at the time of hermarriage shall not on her death devolve on her husband, if she had been married toa non-Sikkim Subject, nor shall it be by any offspring of such marriage.8. Any immoveable property held by a Sikkimese woman married to a person who isnot Sikkim Subject as contemplated in Section 4 of this Regulation shall devolve onher death and be inherited by such person or persons who would have beenregarded but for her marriage as her next of kin under the rules for intestatesuccession, provided always the next of kin in order to succeed to such property is aSikkim Subject. D. Dahdul Chief Secretary, Government of Sikkim. 150

SIKKIM RURAL INDEBTEDNESS ACT, 1966 SIKKIM Darbar GazetteeEx.Gaz. PUBLISHED BY AUTHORITY No. 6 (EXTRAORDINARY) Gangtok , September, 23, 1966 SIKKIM RURAL INDEBTEDNESS ACT, 1966 An Act to consolidate the laws relating to the Dadani, Mashikata and Biyazin Sikkim. It is hereby enacted as follows: I. Short Title, Extent and Commencement. (i) This Act may be called the Sikkim Rural Indebtedness Act, 1966. (ii) It extends to the whole of Sikkim. (iii) It shall come into force at once. 2. Definitions. (i) Dadani.\"Dadani\" means pledging to a creditor by a cultivator or land-owners of theproduce of any land, in consideration of cash or kind, with the price or quantity ofsuch produce prefixed. (ii) Mashikata.\"Mashikata\" means : - (a) mortgaging of land to a creditor as security for repayment of any advance, or interest thereon, together with transfer of right to the creditor to enjoy the produce of that land, until repayment or (b) transfer of land for a specified period to a creditor, together with right to enjoy the produce of that land for that period, in consideration of the principal and interest of any advance obtained. 151

2. SIKKIM DARBAR GAZETTE, EXTRAORDINARY 23, SEPTEMBER, 1966(iii) Biyaz. \"Biyaz\" means mortgaging of land to a creditor together with right to enjoythe produce of that land as interest for so long as the principal loan remains unpaid.3. No person shall enter into any transaction of Dadani, Mashikata or Biyaz orhave any right interest, or title to any land or the produce of any land, on grounds ofany agreement of Dadani, Mashikata or Biyaz.4. Any obligation, in cash or kind, or any right, interest or title that may havearisen or may arise out of the terms and conditions of any Dadani, Mashikata orBiyaz, shall be void and unenforceable.5. Any creditor granting Dadani, Mashikata or Biyaz, in contravention of thisAct, shall upon conviction by a Magistrate of the First Class, be liable to a fineequivalent to double the amount advanced thereunder and may also be punishedwith a term of imprisonment not exceeding three years.6. Any person obtaining Dadani, Mashikata or Biyaz in contravention of this Act,shall upon conviction by a Magistrate of the First Class be liable, for the first offenceto a fine not exceeding Rs. 100.00 and in default to two week simple imprisonment,and, for any subsequent offence, to a fine not exceeding Rs. 500.00 and in defaultto two months simple imprisonment.7. Any offence under this Act shall be a cognizable one.8. No provisions in this Act shall be deemed to affect in any way any of theprovisions of Revenue Order No. I dated I7th May, 1917.CHOGYAL OF SIKKIM By Order R.N.HALDIPUR Principal Administrative Officer, Government of Sikkim. 152

A SAMPLE TO SHOW THAT EIGHT ANNAS USED TO BE PAID AS COURT FEE IN 1905. 153

1.3.1929: INFORMATION THAT SIKKIM DARBAR WATER MARKED PAPER AREAVAILABILITY VIDE NOTIFICATION NO. 651-12/J. SIKKIM STATE JUDICIAL DEPARTMENT NOTIFICATION No. 651-12/J., It is hereby notified for the information of the public in general that “SikkimDarbar” water marked paper is available for sale to public at the Bank of MessrsJetmull & Bhojraj, and other shops at Gangtok Bazar, at the rate of two pice persheet. It can be had from the Landlords’ addas also. 2. From the 1st. April 1929, all applications, petitions, and complaints (civiland Criminal) made in the Sikkim Chief Court by the public shall only be taken ifwritten on such paper. 3. The Secretariat shall prefer all petitions and requests sent to them bydak to be written on the Sikkim paper. The landlords’ addas should also encouragethe use of it by the public in their addas. By order of His Highness the Maharaja of Sikkim.Gangtok, GYALTSEN KAZIThe 1st March 1929 Offg. Judicial Secretary to His Highness the Maharaja of Sikkim 154

10.5.1932: LIMITATION LAW IN CIVIL CASES (1932) 155

7.10.1936: “LAISSEZ-FAIRE” POLICY IN ALL CASTE MATTERS NOT APPERTAININGTO THE STATE RELIGION. SIKKIM STATE JUDICIAL DEPARTMENT Notification No. 2717/J SUBJECT:- CASTE DISPUTES. It is hereby notified for the information of the public as well as for theguidance of the Addas that the Sikkim Durbar do enjoy a strict “Laissez-faire” policyin all caste matters not appertaining to the State religion. The landlord courts arewarned never in future to take up the hearing of a dispute or try any civil or criminalcase arising out of an alleged breach of caste rules of the Nepalese. If any suchcase does arise in any Elakha, the landlord must invariably refer it to the Chief Courtwho will take it up only if the case falls within the purview of British India lawapplicable to the facts. Disputes regarding breaches in the non-observance of casepractices are not taken up by courts in the District of Darjeeling. Such disputes aresettled by the people themselves. The previous notifications on this subject viz; No. 2352-J., of 1923 and No. 3025-175-J., of 1935 are hereby cancelled. By Order of His Highness the Maharaja of Sikkim.Gangtok, Sikkim, SONAM TSERINGThe 7th October, 1936. for Judicial Secretary to His Highness the Maharaja of Sikkim. 156

CIVIL PROCEDURETHE COURTS IN SIKKIM WERE UNFAMILIAR REGARDING CIVIL PROCEDURE TILLABOUT 1950’S. IN 17TH OCTOBER, 1950, JS LALL, DEWAN OF SIKKIM TOOK OUT ANOTIFICATION WHICH LAID DOWN CERTAIN PROVISIONS DEALING WITHPROCEDURE IN REVENUE AND CIVIL SUITS. 157

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CIVIL AND CRIMINAL CASES DISPOSED DURING THE YEAR 1924–1925 159

INDIAN PENAL CODE WITH TWO MODIFICATIONS WAS ADOPTED ANDPROMULGATED FOR ENFORCEMENT BY THE COURTS THROUGHOUT SIKKIM VIDENOTIFICATION NO. 160/O.S. DATED 10TH JULY, 1953. OFFICE OF THE DEWAN. SIKKIM STATE Notification No. 160/O.S.Whereas it is desirable to adopt a substantive Criminal law, and the Indian PenalCode has hitherto been used to guide the Courts, the Indian Penal Code as. it existson this date is now adopted and promulgated and will be enforced by the Courtsthroughout Sikkim with the modifications stated below:-(i) Section 303 - deleted.(ii) Chapter 20 - deleted.Gangtok, TASHI NAMGYALThe l0th July, 53. Maharaja of Sikkim 160

13.2.1951: NOTIFICATION TO STOP THE PRACTICE OF TOUTING, 1951 SIKKIM STATE No. 530/50 In the simplest matters no one is required to explain cases which people mayhave before the authorities. In higher level courts matters are necessarily morespecialised and the assistance of intermediaries, particularly if there is any difficulty,may even be helpful. For this reason a certain number of Mukhtars have beenappointed for the Court of the Dewan and the Chief Judge. I shall be prepared toconsider appointing Mukhtars for Tahsildar’s courts if Tahsildar’s so desire, but theymust make out a strong case and also suggest competent persons of knownintegrity. Apart from Mukhtars there is a class of unauthorized intermediaries who areknown by the name of touts. Since these persons are not approved by theauthorities they move about in an obscure manner and it is notorious that theygenerally succeed in misleading innocent people. The practice is universallycondemned and it is certainly not allowed in civilised countries. Unfortunately thereare signs that some touts have spring up in offices in Sikkim. One tout has succeededin acquiring such notoriety that he was even mentioned by name by a visitingcounsel from outside the State. This practice of touting must cease forthwith andpresiding officers and other authorities must not allow touts on the premises. Twotouts in Gangtok are well known, Brahaspati Parsain Bahun and Khung Dorji Lama.These persons, and other; like them should not be permitted in the Secretariatcompound unless they have business of their own to press before the authorities.Gangtok, Sikkim Sd/- J.S. Lall (ICS) 13.02.1951 Dewan, Sikkim State 161

25.7.1951: MUKHTIYARS NOT ALLOWED TO PRACTICE IN ANY OTHER COURT BUTTHE DEWAN COURT (1951) Order No. 165/51-OS Under order No. 61/51/OS of the 14th of May, Mukhtars are not permitted topractice in any court but that of the Dewan. It appears that some of them havecontinued appearing in other courts in cases in which they had been engaged priorto that order. While this may be permitted until the cases are decided, courts shouldbe careful to see that they do not appear in fresh cases, or Mukhtars. Pleader’s feesshould however not be allowed in any case whether instituted before the 14th ofMay or not. Sd/- J. S. Lall (ICS) Dewan, Sikkim State 25.7.51 162

RULES REGARDING COURT FEES AND REVENUE STAMPS ON DOCUMENTS 163

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RULES FOR THE PAYMENT TO DARBAR WITNESSES IN COURTS, 24TH JULY, 1964 165

RULES FOR THE RECRUITMENT OF PUBLIC PROSECUTOR, 1956 166

RULES RELATING TO RECEIVERS, 18.11.1949 167

JHARLANGIJHARLANGI WAS A FORM OF FORCED LABOUR. UNDER THIS SYSTEM, POOR PEASANTSWERE EXPLOITED AND MADE TO DO WORK, SUCH AS CARRYING LOADS, LOOKINGAFTER THE MULES OF THE KAZIS AND THIKADARS AND FARM WORK ETC.TRANSLATION OF J.C.WHITE’S NOTICE DATED 27TH MARCH 1902 TO THE KAZIS ANDTHIKADAR REGARDING TREATMENT AND WAGES TO BE MADE TO THE LABOUR(MADATI). 168

25TH MARCH, 1919: CIRCULAR TO ALL LANDLORDS, EXEMPTING ALL SIKKIMSUBJECTS WHO HAVE JOINED THE INDIAN ARMY AND HAVE BEEN TO THE WARFROM GIVING LABOUR (JHARLANGI). 169

16TH JULY, 1923: CIRCULAR BY THE GENERAL SECRETARY TO H.H. MAHARAJA OF SIKKIMTO ALL KAZIS AND THIKADARS IN SIKKIM STATING THEREIN THAT NUMBER OFLANDLORDS HAD INFRINGED THE POLITICAL OFFICER’S NOTICE DATED 27TH MARCH,1902 AND IN FUTURE SERIOUS NOTICE WOULD BE TAKEN AND THE PERSON FOUNDINFRINGING IT WOULD BE SEVERELY PUNISHED. 170

7TH SEPTEMBER, 1923: EXPLANATION LETTER BY ONE OF THE KAZI’S TO THE GENERALSECRETARY TO H.H. MAHARAJA OF SIKKIM REGARDING “JHARKANGI”. 171

9TH OCTOBER, 1937: SECTION 367, 370, 371 AND 374 OF INDIAN PENAL CODEWAS TO APPLY IN SIKKIM TERRITORY, AND “JHARLANGI” COULD BE RESORTEDONLY WHEN IT WAS REQUIRED FOR TRANSPORT AND AN ADMINISTRATIVEPURPOSE OR ON ANY CEREMONIAL OCCASION WAS IMPLEMENTED VIDENOTIFICATION NO. 2756-2955/G. SIKKIM STATE GENERAL DEPARTMENT Notification No. 2756-2955/G., Be it known to all concerned that in modification of the Darbar’s NotificationNo. 1469-1769/G., dated the 28th July, 1936, the following Sections of the IndianPenal Code will apply literally in Sikkim territory, namely, Sections 367, 370, 371 and374 of the Indian Penal Code. In particular the attention of the Landlords and StateOfficials is directed to Section 374 of the Indian Penal Code which is quoted inextenso below:- Section 374-whoever unlawfully compels any person to labour against the willof that person, shall be punished with imprisonment of either description for a termwhich may extend to one year, or fine, or with both. It has also been ordered that compulsory labour, adequately paid onstandardized scale (locally called “Jharlangi”) shall be resorted to, only when it isrequired for transport and for an administrative purpose, or on any ceremonialoccasions, as explained in Darbar’s Notification No. 4287/J., dated the 12th July,1937.By order of his highness the maharaja of Sikkim. B. Karthak, General Secretary to His Highness the Maharaja of SikkimGangtokThe 9th October, 1937 172

DADANIAs per Sikkim Rural Indebtedness Act, 1966 the word “dadani” meanspledging to a creditor by a cultivator or land-owners of the produce of anyland, in consideration of cash or kind, with the price or quality of suchproduce prefixed.[NOTIFICATION REGARDING THE PROHIBITION OF DADANI SYSTEM DATED 1910.] SIKKIM STATE GENERAL DEPARTMENT Notification No. 901/G. Corrigendum to the Sikkim Debt Law, 1910. For Rule VII substitute the following:- No trader shall be allowed to give “Dadani” for cardamom or any otheragricultural or farm produce (such as milk, butter, eggs and vegetables) of abustiwalla. Advance purchase of articles at this market rate current at the value ofactual supply shall not be prohibited. The word “trader” shall include any person who buys or barters commoditieswith a view to sell the same. The transaction of “Dadani” shall be declared an offence by theDarbar for which both parties to the contract of Dadani shall be punishable.By order of His Highness the Maharaja of Sikkim. C. E. Dudley, General Secretary to His Highness the Maharaja of Sikkim.Memo No. 1000/G.Copy forwarded to the Elakhadars and Managers of elakhas of Sikkim forinformation and guidance and with the remarks that they will make the purport ofthe above known to all concerned in their elakhas and will report of their havingdone so, not later than the 1st November, 1933. C. E. Dudley,Gangtok, General Secretary toThe 15th May, 1933 His Highness the Maharaja of Sikkim 173

4TH NOVEMBER,1924: GENERAL SECRETARY TO H.H. MAHARAJA OF SIKKIM’SNOTICE TO ALL THE LANDLORDS OF SIKKIM INVITING ATTENTION TO RULE VIII OFTHE SIKKIM DEBT LAW THAT NO CREDITOR WAS ALLOWED TO GIVE DADANI FORCARDAMOM OR OTHER CROPS AND IF ANYONE INFRINGED THE ABOVE RULETHEN THEY WOULD BE SEVERELY PUNISHED. SIKKIM STATE GENERAL DEPARTMENT NOTICE No.9004/G. ALL LANDLORDS OF SIKKIM Attention of the general public is invited to the Sikkim Debt Law, 1910, rule VIII,according to which no creditor is allowed to give Dadani for cardamom or othercrops. It is imperative that this rule should be strictly observed. In future, if any one isfound infringing the above rule, he will be severely punished. The landlords of Sikkimare requested to make this order widely known in their respective Elakhas, and toreport, not later than the 1st January 1925, of their having done so.Gangtok, Sd/-Pestonji Jamasji,The 4th November, 1924. General Secretary to His Highness the Maharaja of Sikkim. 174

22ND NOVEMBER, 1922: NOTICE TO ALL LANDLORDS NOTIFYING THAT WHIPPINGSHALL NOT BE ALLOWED. 175

KURUWA“Kuruwa” means a long wait in Nepali language. Kuruwa was a system ofunpaid forced labour practiced by the Zamindars and royal family. As aKuruwa labourer the peasants had to wait for the goods to arrive in tradingcentres like Geil Khola, 27th Mile, Rangpu, Melli etc. and then carry thekalobhari back to their villages which would include several days oftreacherous walk all in their own expense. Kuruwa labourers had to carryheavy loads called Kalobhari. The Kazis or Thikadars had to arrange thesupply of Kuruwa labour as and when demanded by the Maharaja or theBritish officials. Each peasant household had to perform kuruwa labourwithout any wages.The Notification no: 4816/G(M) dated 31st January, 1947 bearing the Memono. 4817-5316/G(M) abolished the system of Kuruwa in the whole of Sikkim.However, the landlords and estate managers still had the responsibility tosupply labourers on demand of the higher authorities turn wise. 176

SIR GEORGE CAMPBELL (GOVERNOR OF BENGAL) MEETING WITH THE NAMGYAL KING SIDKEONG NAMGYAL IN 1873.*LEFT TO RIGHT- N. K. RUSTOMJEE, DEWAN OF SIKKIM, HIS HIGHNESS SIR TASHINAMGYAL, MAHARAJA OF SIKKIM, HIS HOLINESS THE DALAI LAMA AND HIS HOLINESSTHE PANCHEN LAMA AT SIKKIM IN 1967. ** * [Photo credit: Sikkim state archive] ** [Photo credit: Mr. B.R.Pradhan] 177

[Painting courtesy: Mr. Dhiraj Pradhan]KALO BHARIKalo Bhari means black load in Nepali language. The arms and ammunition whichthe British used to supply to Tibet were required to be carried by labourers. The Kazisand Thikadars who used to be awarded the contract for transportation of thesegoods used to employ local people, who were required to carry the loads onmeagre wages.In order to protect the goods from rain and snow, they used to be bedaubed withblack tar. The carriers also used to be tarnished with black colour while carrying theload. Thus, the name kalo-bhari.Many poor peasants suffered under the exploitation of kalo-bhari.178

VIEW OF GALLERY IV 179

PUNISHMENTS PROVIDED UNDER OLD SIKHIM LAWSThe various kinds of punishments provided for persons found guilty of somegrave offences under these laws include imprisonment and otherpunishments as barbarous as - (i) gorging the eyes, (ii) slitting the throat, (iii) having the tongue cut out, (iv) having the hands cut off, (v) being thrown down from steep cliff, (vi) being thrown into deep water.Few available evidence of the trial by ordeal that was in practice and thepunishment of being flung down the steep cliff indicate that these laws i.e.,'The Sikkim Laws' were in force and were being followed during the days ofMonarchy till as late as the early or middle part of the last century.PAINTING DEPICTING THE PUNISHMENT OF HOLDING HOT STONE AND WALKING. 180

PAINTING DEPICTING THE PUNISHMENT OF PAINTING DEPICTING THE PUNISHMENT OFbeing thrown from steep cliff PUTTING HAND IN HOT OIL. FLOGGING & WHIPPING THINGRO (WOODEN FETTERS)Flogging and whipping with cane or beltwas in practice in Sikkim during the days The landlords’ courts were locally knownof the landlords. The practice was as Adda Courts. The landlords used todiscontinued by the Darbar vide Notice exercise judicial power and decideNo. 2030/J issued on 22nd November, disputes. The Adda courts had a room1922. below it where offenders found guilty were kept in wooden fetters or Thingro, which used to be made of large wooden log with holes and where chains were used to tie up the prisoners. [Paintings courtesy: Mr. Dhiraj Pradhan] 181

VIEW OF GALLERY VARCHAEOLOGICAL FINDING IN SIKKIM MUSEUM SHOP 182

PANDIT JAWAHARLAL NEHRU, N. K. RUSTOMJEE AND GRACE PATTERSON IN FRONT OFPALJOR NAMGYAL GIRLS SENIOR SECONDARY SCHOOL BUILDING IN 1956.CROWN PRINCE PALDEN THONDUP NAMGYAL, THE DEWAN N. K. RUSTOMJEE ANDCROWN PRINCESS SANGEY DEYKI ON RELIGIOUS PROCESSION IN 1960. 183