Tax receipt bearing seal of a Zamindar

Akin to any other feudal government, the Zamindars or the Lords of an estate in Sikkim had enormous power to enjoy. Their important duties include collection of taxes (both Land and House Taxes) from the peasants and also had a right of litigation at their Courts thence designated as Adda Courts. It is worth to mention that some of the Zamindars had seals in their name that manifests the unconcealed position of Zamindars in the feudal organization of Sikkim.

The picture of a tax receipt posted with this post belongs to a peasant named Dalbir Limboo of Rateypani Estate in South Sikkim which was issued to him by his village Mandal Dorjey Bomjan. According to the receipt, a cash payment of Rs 13/- was made by Dalbir Limboo as land tax to his Mandal in 1973 which is a bit confusing. However, if one has to examine the fonts used by the printing press (Gorkha Press Darjeeling) one can be convinced that the receipt belongs to the first quarter of 20^th century. Further, the receipt has mentioned some other taxes like Madadi, Satsukey, Roadsesh, and Gaddhi which were eliminated immediately after the Second World War. Therefore, it is apparent that the tax receipt belongs to AD 1916 and the year mentioned as 1973 is Vikramasamvat era which is still in practice in neighbouring Nepal.

This tax receipt belongs to Mr. H.B. Subba of Chota Singtam, East Sikkim

The seal bearing a name of the Zamindar as Shree Hiralal is the distinguishing feature of this receipt. Stamped in Devanagari (Nepali) the name seems to be prominent as it also bears a figure of a half moon and a star on the both ends of the name. Use of such icons along with their names was in vogue among the exalted Nepalese Zamindars. We are not sure about the usage of such seals by other Zamindars in the Kingdom of Sikkim. However, the use of a seal that bears the name of self indicates least concerned attitude of the Zamindars towards the King and the peasants of the Kingdom. 

Mandals as the boosters of peasants' resistance in Feudal Sikkim

The Mandals or the village heads played a vital role in igniting the idea of resistance among the slumbered conscience of the Sikkimese peasantry. They were appointed by the Kazis or in some cases by the Mukhtiyars. Their machinery role was to work as a village headman and to collect taxes from the peasants of their respective villages. A peasant had to deposit his taxes in time, which included house tax and land tax known as Dhurikhajana and Jamin Khajana. If he fails to pay his taxes on time, he would be given a chance to pay his taxes the following year. But, during his payment the peasant had to pay his tax with a huge interest.However, some provisions were maintained by the Kingdom to rebate interests of the past year’s dues if a peasant made a full payment to his landlord. 25% of reimbursements were to be made by the landlords to the peasants. But, it appears that the feudal officials never implemented these provisions in a sincere manner. The Mandals had to issue a receipt confirming the payment of land tax and house tax to the peasant. Counterfoils of such receipts would be recorded in a register of demand and collection.

 Document written with pen is a tax receipt of the year 1929 of Late Ravilal Pyakurel of Tareythang Busty East Sikkim, Date of payment of Jaminkhazana 8th March 1930. Document written with pencil is tax receipt of Late Man Bahadur Limboo of Rabitar Namchi, Date of payment of Zamin Khajana 29^th December 1941. Both the documents bear signatures of their respective Mandals.

Such receipts were mostly written with pencils which bore the Mandal’s signature. If the Mandal had any grudge against the peasants, they would issue a wrong receipt taking advantage of the illiteracy of the latter.This would lead to a big trouble for the peasants as whatever they earned had to be deposited as land tax. More pathetically, if the amount of tax happened to be registered wrongly, they had no option to appeal. There were several such cases in the various villages of feudalistic Sikkim. A Mandal named Chatur Singh Rai of Assam Lingzey had made such false entry against one Dal Dhoj Rai of his village. The victim made an appeal to Gyaltsen Kazi, the landlord of his village but his appeal remained unheard to the authority. In frustration, the victim openly challenged his Mandal during a feast at the village for this act of “disobedience” Dal Dhoj Rai had to pay Rs. 25/- as fine to the Mandal. Keeping aside the outcome of the outburst of anger, it is now evident that the hidden transcript of the Sikkimese peasantry was taking a shape of a full throated expression.

The Mandals also had the litigation rights and were appointed to provide justice to the needy in the village. But, most of the peasants today believe that their verdict was not satisfying for them as most of the Mandals spoke languages of the higher officials. A notice issued by a Mandal Brihaspati Upadhyay of Tareythang village in East Sikkim to one peasant Late Ravilal Pyakurel affirms this. Written in an intimidating language, the notice asks the latter to be present on 20^th December 1945 at Danak Adda court without fail. However, few cases related to land and taxation of the villagers was forwarded to the Durbar by the Mandals through written complaints.

Notice issued by a Mandal Brihaspati Upadhyay of Tareythang village to one of his villagers Late Ravilal Pyakurel on 18th December 1945 against a report made by another villager Sarvey Bidhyapati Kafley stating that the accused had chopped off a tree.

Due to their proximity to power, these Mandals also exploited the Sikkimese peasants in the same manner as by the Kazis and the Thikadars. It has been revealed by the victims and the descendents of such victims that commoners were heavily exploited by the Mandals especially during special occasions in the palace like the birthdays of Kings and the Princes. During such occasions, these Mandals ordered the peasants to offer some kind of gifts to them which they would give to the Kazis as a memento from the peasants of their respective villages. The peasant had to gift rice, maize, butter, curd, wine and in some cases meat, fish, and other valuable edibles. Yearly collection of such gifts was made during Meshu Purnima in the month of Bhadra (July-August) also known as Bhadau Purnima in Nepali.

Apart from such cupidity, the Mandals, during the process of collection, used to keep a portion out of the collected gifts leaving nearly 85% to the palace. Again, those gifts were deducted by the Mukhtiyars and Kazis leaving hardly 25% for the occasion in the palace. The justification about keeping such gifts is also interesting “Maha Kadnele Haat ta chatcha nai” meaning ‘a person who takes out honey from the hives definitely licks his hands’. Further, the peasants had to send a member of his household to assist the Mandal during farming in the form of Bethi Khetala. This Bethi Khetala was a free service to be rendered by a villager to the Mandals. The sufferers remind their black years in these words:

“We had to go to the fields of the Kazi Thikadars and Mandals for the harvest or for farming; they gave a fistful of dry maize to work for the whole day”.

Receipt issued to a peasant Man Bahadur Limboo in 1945 by a Mandal Kharga Singh 

Auxiliary, when the peasants needed monetary help, they would visit the Mandals for debt to be used for the marriage, or in the death rites of the peasants. If a peasant took loan of Rs 100/- he had to pay interest of 1 Muri of Rice to the Mandal from whom he had taken the loan. Hence, in feudal Sikkim, the Mandals had designated themselves as Kazi and proved to be the one who were directly responsible for the exploitation which ultimately gave birth to the peasant resistance in the secluded Kingdom of Sikkim.

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References:

Tax receipts collected from Harka Bahadur Limboo aka Khukurey Bajey of Chota Singtam East Sikkim on 21st January 2012

  Information collected through personal interview from erstwhile Mandals Kharga Bahadur Chauhan of Temi, Chandra Bahadur Basnett of Namli, Passang Tshering Bhutia of Namin and Phur Tshering Lepcha of Marchak villages during field survey in December 2011 and January 2012

Sikkim State, Office of the Dewan, Order No.4, Revenue Administration, Dated 19th August 1949, Gangtok

 Information collected through personal interview from Ash Man Rai of Assam Lingzey on 27th January 2012

 Scan Copy of the Notice issued on 18th December 1945 by Mandal Brihaspati Upadhyay to Ravilal Pyakurel of Tareythang village, East Sikkim. The document is an important credential to understand the judicial rights enjoyed by the village Mandals.

The Mukhtiyars in Feudal Sikkim

In the feudal administrative hierarchy of Sikkim, the Mukhtiyars enjoyed position next to the Kazi/Thikadars. Anna Balikci presumes that, the term got its origination from Ottoman Empire as the village Chiefs there were known as Mukhtar.We do not have much information about the commencement of this system in Sikkim. The available Official documents issued from the Royal Durbar are silent about the existence of any offices related to the Mukhtiyars hence, they were probably appointed by the Kazis in their Elakhas to maintain law and order in their estates. Auxiliary, documents belonging to Rai Saheb Durga Sumsher Pradhan of Rhenock also indicate that the Mukhtiyars were appointed by the Kazis and by other lessee holders.

Further, my field survey report bears ample testimony to the fact that the Mukhtiyars were given the charge of a whole Elakah of a lessee holder or a Thikadar. He was also granted the charge of litigation under his jurisdiction. Their duty was akin to today’s District Magistrate and was with a few hereditary exceptions, appointed on merit.From the pictures collected from the erstwhile Mukhtiyar family of Namchi in South Sikkim, it can be stated that they had a comfortable and a reverential life.

Photograph of Mukhtiyar San Man Tamang of Namchi South Sikkim. The person sitting on a chair in the middle was the Mukhtiyar. The golden ornaments of the women and the dress they clad in shows that they had a very comfortable way of life. The people standing behind were the peasants of his estate in Namchi. Pic. Courtesy Late Rup Maya Tamang, Namchi Bazaar, South Sikkim

Being a local of the Estate owned by the Kazis, the Mukhtiyars had detail information about the settlers. The Kazis and Thikadars, being the “high born” elites of the Kingdom hardly visited their respective holdings in the villages and preferred to live in comfort in the beautiful mansions in the capital of the Kingdom. The Kazis usually gave charges to trusted persons residing in their estates. In another word, the Mukhtiyars were to serve the Kazis as a bridge between the peasants and the Landlords.They also had to maintain the land records related to the peasants of his Elakah. As the trusted persons of the Kazis, the Mukhtiyars too possessed a vast tract of land for their personal use and the same was distributed among the Pakhureys. The descendents of Tashiding Mukhtiyar still profess the exploitative money lending job to the peasants in their periphery.

The information of the descendants of the Mukhtiyars highlights that they too lived their lives in a great comfort. They had many servants at their residence who were mostly the children of the tax defaulters.They had to make necessary arrangements in their Elakhas during the visit of King and other high ranking native and British Officials.The life standard enjoyed by the Mukhtiyars was almost similar to the Kazis and Thikadars. They had constructed beautiful mansions, travelled on the back of Arabic horses, and possessed enormous wealth. The Kothi of Namchi Mukhtiyar which was constructed nearly a century ago still steals a glimpse or two of every visitor. However, it appears that these officials were not prevalent in every estate hold by the lessee holders like the Kazis and Thikadars. The estates in the proximity of the Kingdom’s capital did not have any office related to the Mukhtiyars.

References

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Balikci, Anna (2008), Lamas, Shamans and Ancestors- Village Religion in Sikkim, Brill, Leiden, The Netherlands

Appointment letter of 1932 of a Mukhtiyar by Rai Saheb Durga Sumsher Pradhan  of Rhenock East Sikkim preserved at Ramgauri Sangrahalaya Rhenock

Information collected through personal interview from Mrs. Rup Maya Tamang, a granddaughter of erstwhile Mukhtiyar of Namchi Late San Man Tamang on 23rd April 2010

Information collected through personal interview from the peasants of Tashiding village in West Sikkim on 21st  and 22nd December 2011

 Information collected from the villages of Assam Lingzey, Kadamtam, Aho, Namin, Marchak and Samdur which are in proximity to Gangtok.

Paljor Namgyal- The Pilot Prince of Sikkim

Prince Paljor Namgyal, the first and the only Pilot prince of Sikkim was born on 26thNovember, 1921 at the Royal Palace, Gangtok to the Eleventh Maharaja of Sikkim, Sir Tashi Namgyal, K.C.I.E, K.C.S.I. and Maharani Kunzang Dechen. His original name was Kunzang Choley and he was the eldest son of the Eleventh Royal Couple of Sikkim. In 1930, he was sent along with his younger brother, Prince Palden Thondup Namgyal and their sister Princess Pema Tsedeun to St. Joseph’s Convent, Kalimpong. Prince Palzor Namgyal was further educated at St. Paul’s School, Darjeeling and St. Joseph’s College, Darjeeling.

The Crown Prince, Paljor Namgyal was commissioned as a Pilot Officer in the Royal Indian Air Force and based at Ambala. He served in World War II in 1940-41. As a true ally of the British Indian Government, Sikkim had greatly served in providing manpower in the said world war. It is to be noted here that many Sikkimese family had also send their children to fight against the English foes and few of them had been able to receive the esteemed Victoria Cross. But, most wretchedly, Paljor Namgyal was killed in active service after he crash landed in flight near Peshawar, on 20thDecember, 1941. He was merely 20 years old then. Regarding the death of the Crown Prince of Sikkim the Bharat Rakshak an official website of Indian Air Force has published this information “On 8th December, war was declared with Japan and the Squadron was ordered to the Burma front on 14th December. The Squadron returned to Peshawar two days later.  As there was a shortage of air gunners, volunteers were called from among the fitters, riggers and other ground crew members. The airmen volunteered almost to a man. They were trained on a fast track basis in less than a fortnight. The Squadron suffered its first casualty on the Lysander on 20th December 1941, when Pilot Officer Paljor Namgyal, who at that time was the crown prince of the Kingdom of Sikkim, undershot trying to land at Peshawar. The aircraft R1989 hit a bund and overturned - killing the pilot and seriously wounding the observer”.

The tragic death of the Sikkimese Prince has also been mentioned by PVS Jagan Mohan in his book ‘The Westland Lysander in Indian Air force Service’ in the following manner “The squadron suffered its first casualty on the Lysander on 20^th December 1941, when Pilot Officer C Dhairyam, with Pilot Officer Paljor Namgyal as his passenger undershoot trying to land at Peshawar. The Air craft R1989 hit a bund and overturned - killing the pilot and seriously wounding the pilot. Palzor Namgyal was the Crown Prince of Sikkim and his death was a major blow to the people of the small Himalayan Kingdom”(P14).

As an Air Pilot Prince Paljor Pic: http://sikhim.blogspot.com

Most unfortunately, we have very little credentials about the pilot prince Paljor Namgyal. Few photographs that include his portrait in the Air force uniform are the only source to write something about him. During my fieldwork, I have been able to get a bit of unwritten information about the late Crown Prince of Sikkim. Few old Sikkimese, especially those who have seen him during their lifetime, have an immense respect and love for Paljor Namgyal. An old person Mr. Harka Bahadur Subba of Chota Singtam along with few old people has informed me that the Prince was a placid and a kind person. Once while hunting Prince Paljor reached to a house of an old Lepcha lady at Nandok in East Sikkim. She was unaware about his gigantic position and she offered Dhero (meal prepared from millet mostly consumed by the poor peasants during feudalistic Sikkim) to him for his dinner. He inquired about the poverty of the old lady and came to know about the forceful collection of Dhurikhajana and the prevalence of Kalobhari, Jharlangi and Theki bethi as forced labor. After spending a night at the home of the old lady the prince recoiled to his palace and informed his father Maharaja Tashi Namgyal about the utter poverty of their subjects and insisted him for the immediate removal of the forced labour and Dhurikhajana. Before the king could do anything in this regard, the Kazis and other feudal elements misguided the king to send his eldest son to join the Royal Air Force and was finally killed in an air crash.

Photo Frederick Williamson Prince Paljor Namgyal standing in front of C. E Dudley Pic: Digital Himalayas

“Maharajkumar jyudo hunuhunthyo bhaney ta Sikkim aarkai hunthyo had the Maharajkumar been alive Sikkim could have been different” was their remark on the untimed demise of the late crown prince Paljor Namgyal.

Feudal Judicial System of Sikkim- A Brief Review

Like any other feudalistic arrangements, the judicial system of Sikkim has a history of its own. The King though, enjoyed a highest position in the feudalistic set up, could not execute his judicial obligations properly as he was surrounded by the then “Elites”, the Kazis, who were the de-facto arbitrators of their Ellakas. They could tax, confiscate, mortgage and sometimes seized the lands of peasants into Home Farm, the Private land holdings of the Kazis.   In short, the Kazis were the fountainhead of justice in feudalistic Sikkim and it is because of such “Lawless Law” the ordinary peasants were compelled live a combatant’s life.

Sikkim’s contacts with the British Indian Government had even worsened the existing judicial system of Sikkim. Available testimonials highlight that in 1909, the Kazis, Thikadars and Lamas were invested with legal powers by a State Council Resolution. They could try Civil Suits up to the valuation of Rs. 500/-. The State Council Resolution of 1909 had thus given an overwhelming power to the state machinery (Kazis, Mandals, Mukhtiyars, Karbaris) to exploit the common people, especially the peasants in the name of legal action. It is to be mentioned here that the formation of “British Styled” State Council used to have the British Political Officer as its President. After the establishment of the said Council, the Sikkimese Kings were kept behind curtail and the British Political Officer began to take decisions, enact Laws and to rule the Kingdom with the assistance of pro-British Kazis like Phodang Lama, Khangsa Dewan and Shoe Dewan and so on. The Kings whosoever tried to oppose the new set up either were sent to prison (Maharaja Thotub Namgyal) or were given mysterious death (Maharaja Sridkyong Trulku). Before the establishment of High Court at Gangtok, administration of justice in Sikkim was being carried out by the Feudal Landlords (Adda Courts), Dzongpens (District Officers). Pipons (Headmen) and Mandals with the Chogyal at the top.  All the important judgments were given at the Adda Courts and at the Settlement Houses by the Feudal Officials and used to give inhuman punishments of Thinguro placed at the Kazi’s House. These Thinguros were made up of wooden planks, the culprit had to put his legs inside the hole of the Thinguro, after doing it, the mouth of the Thinguro was tighten by a rod or an iron, thus, leaving the culprit standing with utter pain. He could not sit as the wood was tightened on his knees, therefore he did not have other alternatives than to cry in the dark prison of the Kazi. Further, he was not given a single drop of water for three four days, after the Kazi got satisfied from the punishment, finally he was granted pardon.

In 1916, Appellate Courts by the designation of Chief Court was created with jurisdiction to try important original suits and also to hear appeals against the decisions of the Adda Courts. But, from the study it reveals that there were very few cases of appealing against the decision of the Adda Courts due to the threat of havoc from the Kazis and Mukhtiyars. This Court also exercised supervisory and appellate jurisdiction over the Adda Courts. The Chief Court was not the final Court. The appeal against the decision of the Chief Court would lie to the Supreme Court of His Highness, the Maharaja. The Court of the Maharaja was the final Court of appeal in the State. It has no original jurisdiction. A Board on the lines of the Judicial Committee of the Privy Council in England would hear the parties and scrutinize the evidence regarding merit of the case and then tender its opinion to the Maharaja. (From the compilation of Hon’ble Shree A.P Subba, Former Judge High Court of Sikkim)
 In 1949, the Adda Courts were abolished on the recommendation of the Judicial Proposal Committee. The State was divided into 4 (four) revenue Districts and Magistrates were appointed in District with original and appellate jurisdiction on the criminal and civil side. The Courts of the Assistant Magistrate and the Court of Tahsildars were created. In the lowest rung, a few Honorary Courts of Magistrates were created to dispose of petty criminal and civil cases. The Chief Magistrate had both original and appellate jurisdiction on civil and criminal sides. He had unlimited powers (From the compilation of Hon’ble Shree A.P Subba, Former Judge High Court of Sikkim). 

The independence of India breeds a new hope of liberty inside the minds of the peasants of Sikkim. They too began to organise themselves in a larger manner for their rights and liberties. Due to pressure made by Sikkim State Congress, all the forced labours were wiped out by the reformist Maharaja Sir Tashi Namgyal in 1948. Further, the overwhelming powers enjoyed by the Kazis and his Officials were also restrained, indicating a new aeon in the history of Judiciary of Sikkim. From the available records it appears that in 1953, a Judge of the High Court of Sikkim was appointed but in 1955, High Court of Judicature (Jurisdiction and Powers) Proclamation, 1955 was issued establishing a High Court in Sikkim. The High Court thus established was made the final Court in all judicial matters, civil or criminal, subject to the exercise of prerogative by the Maharaja to grant mercy, pardon, remission, commutation and reduction of sentence in case of conviction. The Maharaja had also retained his prerogative to set up a Special Tribunal for the review of any case, civil or criminal. 

After becoming the 22nd State of India under Clause (i) of Article 371F, the High Court functioning immediately prior to the date of merger became the High Court for the State of Sikkim under the Constitution like any other High Court in the country. Under Clause (i) of the same Article all Courts of Civil, Criminal and Revenue Jurisdiction, all Authorities and all Officers, Judicial, Executive and Ministerial throughout Sikkim were to continue to exercise their respective powers subject to the provisions of the Constitution and under Clause (k) all laws in force immediately before the appointed day in Sikkim were to continue to be in force until amended or repealed by a competent legislature or other competent authority.