Gangtok, 19 April, : In the recent year the Sikkim State High Court has been successfully passing landmark verdicts and orders in the favor of the general public , aggrieved petitioners related to various levels of cases by grilling unto the depth of matter which unduly was been bothering the aggrieved subject to various anomalies thriving within the regulations and norms.
Once again, Dr. Doma T Bhutia Sr. Learned Advocate handling a case of one of the aggrieved petitioner Mrs. Suba Maya Subba who is identified as a government servant discharging her duty as ‘Muster Roll’ employee in State Rural Management and Development Department (RMDD).Govt of Sikkim past 18 years.
The matter was related to violation of the right to privacy of dignity of the women, gender biased inequality adopted by the state, violation of Article 15 and 16 of Indian constitutional provision.
The Learned counsel Dr. Doma T Bhutia speaking to the media after the conclusive hearing that took place by the Single Bench High Court Chief Justice Hon’ble Shri. Satish K Agnihotri on 19 April tells the State adopts own rules like a ‘Khap Panchayat” where it doesn’t bother a bit about the constitutional framework and rights
of the individual.
Subject to the case related to my client the matter is gross a gross inequality, prejudice in delivering her right to become a woman, the state has deliberately slapped a draconian rule against the Sikkimese women which is unlike in any other places of nation or world where a women in society and system are forced to live a miserable life despite the constitution has empowered them equally in all forms without barring any of the rights compared to the other gender(s).
Aggrieved Mrs. Suba Maya Subba was married to a non-local (Non Sikkimese) man was asked to produce an unmarried certificate by the state govt RMDD Dept in order to avail regularisation of her service similar to her colleagues who have been already regularised by the same dept in the same capacity and the tenure.
The petitioner was mentally disturbed for many years until she approached me, she is now divorced with her husband. She passed through the trauma situation every now and then before she came to me and I counseled her regarding the matter which definitely would lead to success making her understand the rights.
Dr. Doma T Bhutia told media that the matter has been heard by the Hon’ble High Court single bench of Chief Justice Shri Satish K Agnihotri thoroughly in the matter after which a notice has been issued to the state for discriminatory and arbitrary prescription for filing counter affidavit within four weeks of time and re-appear
before the court on 24 May 2018.
Further Learned Advocate Dr. Doma T Bhutia explains that being born as a Sikkimese woman is seen as curse, that is causing them (Sikkimese Women) a fear psychosis every time since the policy and rules framed by the state is such a draconian and arbitrary that does not let them survive as a law-abiding citizen in democracy where the constitution has granted equal opportunity and equal rights in all forms.
The discriminatory, draconian pocket rules of state government in policy making and the procedure is extremely unethical from the constitutional point of view which is compelling the Sikkimese women to live in prejudice and social penury when it comes to disbursement of equal fundamental rights by state govt in the delivery mechanism. Sikkimese Women doesn’t have right to live ?
“I see this as a unique derogatory rule followed by the state government department which is completely tarnishing the image and dignity of Sikkimese women, don’t they have a right to live and enjoy fundamental rights? State is treating Sikkimese Women more than a criminal, even a criminal has their own rights. This is apartheid alike, I guess and such rules must be uprooted to let every single woman of Sikkim’s society live head upheld instead of demoralizing, differentiating them in every aspect of state provision in various sectors which the other gender (s) are enjoying the same. I am utmost sure that order of the Hon’ble High Court will open the eyes of state, and the every woman of Sikkim to come out openly to fight for the rights where-ever the injustices had/has taken place in the context of the today’s matter.”