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Nawin Kiran, the brief bibliography

Nawin Kiran

Nawin Kiran, the brief bibliography

I am Nawin Kiran. I am a matured and an educated man. I don’t have to hire someone else to write a simple article. Always had hobby of reading lots of books, also those published by I.P.R Sikkim and Nirman Prakashan. Likewise, I gained some knowledge regarding Sikkim, the Direct Taxes, Article 371-F etc.

Actually, it all started on 16th May 2008 when the Central Direct Taxes was implemented in Sikkim. Sikkim’s own Income Tax Manual Act, 1948 was repealed by our own legislators, which was our protective shield against the Central Direct Taxes. On 16th May, 1994, a full majority local government had fallen regarding the very same issue. The present Government too had called bandhs on two occasions and had always advocated against the implementation of Central Direct Taxes as it claimed that the Direct Taxes implementation violates the 36th Amendment Act of the Indian Constitution “Article 371-F”, which of course was and is very true. Repeal of our Income Tax Manual, 1948 violates clause (k) & (l) of Article 371-F and the implementation of Central Direct Taxes violates clause (o) of Article 371-F. Hence, our outcry was not against paying taxes, Sikkim subject holders and non holders but for the protection of basic fundamental of the Indian
Constitution under which Sikkim became the 22nd state of the Indian Union. During these thirty four years tenure of being the Indian state, there have been lots of occasions where Article 371-F has been violated both by the Union as well as the state Government. The recent example is the implementation of Central Direct Taxes after thirty four of statehood.

Initially, while implementing Central Direct Taxes, our Government took a diplomatic stand and told fellow Sikkimese that all Sikkim Subject and COI holders will not fall under the preview Income Tax Act, 1961. But one question arises here, for how long? To find out answer to this question, I used the best weapon of a laymen which was implemented post Indian Independence, “The R.T.I Act, 2005”. After I received the answer as per u/s 6 of R.T.I Act, I was shocked. As of now, we are exempted from paying Income Tax u/s 10(26AAA) of I.T Act, 1961, vide Finance Bill, 2008. I also found out that the Central Government could impose Income Tax Act, 1961 to the people of Sikkimese origin at any moment.  So, why was there all hey and merry? It is just a matter of time; the clear picture regarding the taxes will soon come in the near future. Secondly, I found out that the other direct taxes Acts were implemented to the people of Sikkimese origin also. Hence, to
discuss the issue, initially, I along with my friends approached different persons, associations and also different political parties. We even approached the ruling Government but unfortunately, we were not given appointment by the officials. After discussing the issue with everyone we approached, most came to one conclusion “YES ARTICLE 371-F HAS BEEN VIOLATED”. But sadly, as always, majority of the people only complained. only few were willing to support the cause. At that particular time we had only two options in front of us: loosing our right and the other to protect it not only for us but for the future Sikkimese generations as well. Even we were few in numbers, we all instantly choose the latter. For that, all we needed was a platform which could bring the likeminded youngsters together who could act against the anti Sikkim Act, who would think of the society and the future generation of Sikkim and not just sit back and complain against the
system. Likewise, for a better cause of Sikkim without affecting the integrity of India, All Sikkim Educated Self Employed & Unemployed Association was reborn. Twelve years back, in the year 1997, the very same Association had voiced and agitated against the implementation of Employment Exchange Act, 1959 in Sikkim.

To start with, this time ASESE&UA started the physical agitation on 25th Jan 2009 with the gherau of Income Tax Office at Gangtok. After that, we took out rallies, yatras, staging hunger strike, distributing pamphlets and did every possible peaceful means to convey the massage to the people of Sikkim regarding the Central Direct Taxes. But unfortunately due to many reasons, we were unable to convey the message at the very large scale. But even so, we didn’t give up; when we looked around we also found that there was not only the issue of Article 371-F but also there was many issues which had to be dealt with for the betterment of society. Hence, we started raising our voice against every issue which affected the society and particular the laymen of Sikkim. For this act of ours, we were even tried to stop in many ways which I don’t want to discuss as it also doesn’t have any validity. In due course of time, when I was out of Sikkim for almost two
months for my personal reason, I don’t know what went wrong during those days. Perhaps some of our associates had forgotten the main motive of the association. When I returned, don’t hesitate to say that I saw some of our friends were increasingly being impatient and also v.v ambitious for their personal benefit. Their activities had become too suspicious. To make the story short, at one point of time their attitude had reached that level that it was impossible to work together. Hence, one day the association had to take the harsh discussion as we were not dealing with minor issues. We were dealing with Article 371-F and our rights which could not be compromised at all. But it’s sad that majority of the masses doesn’t know what is Article 371-F. Hence, It is our duty to educate the masses. It’s not only our duty but the duty of all educated classes in Sikkim to tell the importance of Article 371-F to the laymen of Sikkim in the Sikkimese
society.

According to my perception or lets say in a laymen language, Article 371-F is a rock solid wall which protects Sikkim and its people. But each passing day, one rock is being removed. If we don’t stop this, one day time will come; there will be no wall at all. Hence, it’s high time we wake up right now. Don’t just complain, start acting in every issue which you think is not good for you as well as Sikkimeses society. We have to give up this forbearance attitude for the wellbeing of our state and our country.

It has been one and a half year since we have started raising this issue. Since then, we have come across lots of admirers as well as critics. During these years, I have gained life time experience than compared to my whole life. I have seen many ups and downs. Some alleges us of being pro government some alleges us of being opposition. Things have happened to me, which I had never imagined in my life. I also know worst is yet to come. Some times I wonder why people play soo cheap politics. Why don’t they standup as a MAN? I don’t know what is called selling and buying in politics neither do I posses this nature. All we are trying to do is contribute something to our land and the society. But finally, I have understood that this is a war, sometimes we attack, sometimes we are attacked. We win some battle, we loose some. But finally the main thing is who wins the war.

It is said “nobody knows you better then yourself”. Hence, I don’t have to clarify for all the bullshit for which my old friend accuses me for nor do I have time to clarify all that stuff. I also want to clarify that for all the accusations, I am not going to remain silent. I am a law abiding person and I have full faith in the Law of the Land. Hence, let’s leave the matter to be decided in the Hon’ble Court of Law. There is a saying, “dogs keeps barking, elephant keep moving”. Once I heard from a great man, “don’t be concerned where crowds are heading, even if you are all alone, follow the path of truth. As at the end truth will triumph”. Finally, all I want to say is that this is just the beginning, I know my goal. No matter what; I will never stop fighting for our right, our land and my countrymen.

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