LEGAL SERVICES RENDERED BY TLA FROM 1.4.2017 _-1.10. 2017
From 1st April 2017 to 1st October 2017, TLA has assisted 66 Tibetans on various legal matters such as drafting of petitions before the Tibet an Justice commission, giving opinion on passport matters, RC, birth certificate, marriage registration and divorce, RC case, drafting of affidavits, rental agreements, registration of shops etc.
- LITIGATION BEFORE THE TIBETAN JUSTICE COMMISISONS.
Ms. Namgyal Tsekey, having served almost 12 years at the Tibetan Supreme Justice Commission and local justice commission has been assigned to deal with any cases that is to be filed before the commission .
1.1) 13.3.2017 – Appeal before TSJC:
TLA lawyer assisted in drafting of an Appeal by defendant against the decision dated 17.12.2016 given by Tibetan Local Justice commission, Southern region, Bylakuppe between Lhundup Dorjee and his former wife Pema XXX with regard to the claim of divisions of 60% business profit out of investment of Rs Thirty Two Lakh. The suit was filed only to the extent of divisions of profit of the business venture undertaken at Ooty for a fixed period and return of precious stone DZi and Yu (Turquoise ) supposedly gifted by the girl’s side to the boy. The Husband, aggrieved by the judgment dated 17.12.2016 of the Tibetan Local Justice Commission, Bylakuppe, Southern Region, requested the TLA to assist him in making third attempted Appeal before the TSJC.
1.2) Land Encroachment case before the Tibetan Local Justice Commission, Northern Region, Dehradun In re: Jamyang Gyatso v Tibetan Settlement officer, Dehradun and others.
TLA lawyer Ms. Namgyal Tsekey assisted in Case against the settlement officer of Dehradun, who was holding the position of the head of the land enquiry commission . The Land enquiry commission ordered Mr. Jamyang Gyatso to demolish the encroachment of chajja structure of his building which encroached the public street road by above space extension of one feet chhajja structure over the window of the second floor building . The Settlement office along with the members of the Land enquiry commission has decided that the chajja is in encroachment and it is also not looking beautiful in alignment with that of his neighbor and therefore, it should be demolished. The aggrieved party pleaded that the building is exactly the same as before and the modification and further erection of second floor does not make the chajja encroachment as it was the same extension as before and therefore, it was not a new construction of chajja but modification of the shape of the excising Chajja. Before filing the case, the plaintiff pleaded for compromise by offering to reduce the half feet of the Chajja projection, but the land enquiry commissions rejected the compromise appeal The plaintiff decided to file a case, to which the Settlement officer passed STAY ORDER in the name of Settlement officer stating that the party having expressed his intention to file a case against the decision, the construction of the building is stayed till the final disposal and decision of the Justice commission.
The plaintiff aggrieved by the Order complained that it is the Justice commission who has the power to pass stay order of stay or injunction once the case is being initiated and stated that the second Order by TSO was a nothing but undue punishment for a Tibetan Citizen for exercising his fundamental right to file a case. The plaint further attacked the Order on the basis that any order relating to the land construction and encroachment related comes under the Tibetan land Rule Act of 2006 and the power to pass order related to land construction and encroachment must be made in the name of Chairman of the Land enquiry commission although the TSO is the chairman of the land enquiry commissions, yet the prima facie the letter /Order shows it is made in a capacity of a Tibetan settlement officer and therefore it is void ab initio . The plaintiff also asked for relief to withdraw the stay order and prayed for relief of compensation for the loss suffered as his construction has been lying delayed due to Stay Order passed by TSO.
Outside of this case, the settlement officer passed yet another STAY ORDER of all the ongoing construction of the whole Dikiling Tibetan Settlement till the final disposal of the case. The plaintiff was miserable by conscience that due to his act, the whole public has to suffer, and to avoid shutdown of his ongoing construction, the plaintiff with his own consent and own motion, withdrew the case on 23.8.2017. The case was officially withdrawn with the permission and approval order of the Local Justice Commission on 25.8.2017.
1.3 ) Tibetan Minor Boy XXX deportation case : FREE LEGAL AID
TLA lawyer Ms. Namgyal Tsekey made a total of Ten trips to Dehradun to represent a Juvenile Tibetan (student) charged for forgery of birth certificate and violation of section 14 of Foreigners Act for staying in India without RC. The final argument for the case was submitted by TLA lawyers at 45 minutes’ length on 17 July 2017 and the final judgment passed on 23.8.2017.
The Juvenile Justice Board, Dehradun in its judgment dated 23.8.2017 discharged the boy on the charge of commission of forgery under section 466 and 468 as it could not be proved beyond reasonable doubt as required by law. However, he was found guilty for dishonest delivery & using forged document before the FRO and also for section 14 of the Foreigners act for illegal enter without SEP and staying in India without RC. In para 82 it was ordered that the boy shall remain in safe place for further period of 45 days. During the time, the Ministry of Home affairs, Central Government or FRO Dehradun may be approached for the grant of stay permit in India and If he could not obtain RC for his further stay in India, then he would be deported to Nepal.
The JJ Board in its Judgment para 77 states as follows:
“That in compliance of principle of the International conventional International laws, the defense side principally stated that on the humanitarian ground, the child may be granted the status of a refugee and be given a permission to stay in India. The interpretation of convention international law and to issue direction to the central Government or any competent authority to grant stay permit to any foreigner is outside the jurisdiction of Juvenile Justice Board. It is a policy matter to grant stay permit to a Tibetan Refugee and issuance of Registration Certificate as a Tibetan refugee. The power to take such decisions lies with the Central Government of India or FRO Dehradun.”
On 29.8.2017 Ms. Namgyal Tsekey went to Delhi to submit the petition with the final judgment of the court (JJ Board) and make appeal before the Ministry of Home Affairs through the Bureau office of His Holiness the Dalai Lama.
The Bureau office of His Holiness the Dalia lama drafted an Urgent appeal to the MHA dated 30.8.2017 and also several times to MHA requesting for the grant a stay permit on humanitarian ground.
TLA lawyer visited MHA on 9.10.2017 and was very grieved to learn that actually the approval has already been sent on 14.6.2017 before the passing of the judgment on 23.8.2017. There was misunderstanding by FRO DEHRADUN regarding offline representation through bureau and online application request through FRO DEHRADUN which was closed . This misunderstanding had caused grave legal injury to the boy leading to his conviction under section 14 of the foreigners act although he was acquitted on charges of forgery of birth certificate but for the use of forged document. However It is a different matter that In an Appeal before the children’s special court, we got the opportunity to close the case on 16.9.2017 and get more two months time to make RC.
The TLA lawyer was given a copy of the letter of the final approval dated 5.10.2017 granting him stay permit. The letter gave clear instructions to FRO DEHRADUN to take immediate action to make RC for the boy. The said Letter states
“ It is again requested to take appropriate action immediately to grant of stay permit to Mr. Tenzin Norgay- Tibetan Refugee, under intimation to this Ministry”.
1.4) Dharamsala Tibetan Murder Case:
With the request by CTA Home department and the Tibetan Settlement office, Dharamsala, TLA lawyer Kunsang Topden is presently assisting the Advocate in the prosecution of the murder case of a Tibetan boy named Chokden on 31 .10. 2015. TLA is the representative of the sole witness Ms. Tsering youdon before the Additional session Court, Dharamsala, State of HP V kailash Kumar FIR No: 60/2015.
1.5) Criminal case of rioting and obstruction of police officer on duty: Case no. 142-11/2015 Appeal against the Judgment dated 31-12-2016 by JMI C-Class II Dharamsala.
Advocate Kunsang Topden is being assigned to assist the case with the Indian lawyer Mr. RS Rana, who is already on record as the Defense Lawyer. In this case, Tenzin Tharpa, Tenzin Khokmen, and Tashi Dhondup etc are convicted for the crimes of Tibetans who staged rioting and protested against the police officer who was on duty. The case is already at appeal stage, before the district Court. Therefore, Tashi Dhondup who claims to be innocent have approached the TLA. The Judgment of the session court of Dharamsala passed on 31.12.2016 convicted the Tashi Dhondup for the total of three years and three months for crimes he has not committed. The matter is at appellate stage before the District Court and appellate procedure has not yet started.
1.6 Assistance to CTA and its branches:
Most of the offices of the CTA are either registered under the Societies registration Act or charitable trust etc. However, the formalities of the Registration and filing of the documents are delayed for many years and thus the very existence is questionable in the eyes of law. The Sherig parkhang at Delhi approached TLA for evaluation of their registration status and necessary assistance to make it in consonant with the Act. The process and documentation was initiated however, it was withdrawn after the necessary documentation work due to their internal problem in compliance with Goods and service Tax (GST).
1.7.Registration of Tibetan customary marriages before marriage registrar under Special Marriage Act, 1954.
With the establishment of TLA, now even the older generations of Tibetan living in Dharamsala have started making registration of their marriage. TLA has assisted as many as 20 couples to register their marriage under Special Marriage Act and Hindu Marriage Act respectively, apart from explaining the formalities and advising on the matrimonial matters. Tibetans usually lives in a traditional fashion without registering their marriage. The Supreme Court of India made the registration of marriage a compulsory in India. Certificate of Marriage is not only a document that proves the status of relationship but also considered essential criteria to combat gender issues, custody and protection of Children born out of their union.
1.8 Divorce matters.
TLA lawyer has assisted in number of matrimonial cases before the Tibetan Justice Commission as well as before the Indian Courts. TLA is presently assisting in a Divorce case by one Tibetan against a Tibetan women residing in Australia.
1.9 Assistance in RC procurement and Exit and return permit.
Tibetans going abroad need to get exit permit, however, without RC, it is not possible to get an Exit permit. TLA assisted few Tibetans who faced complication in the process of exit permit due to either a wrong name in birth certificate and school certificates of the accompanying child or due to lack of RC.
1.10 Birth Certificates:
The making of birth certificate from the office of Tehsildar or Executive Magistrate is common work and TLA has assisted as many as three cases so far.
1.11. Opinions:
TLA has also given a number of written opinion/research report on questions relating to Tibetan applying Indian passports, RC matters , Asylum matters in Canada, Asylum in France and other countries in Europe, and also on one case of compromise between Indian and Tibetan sweater business at Haryana in a criminal case.
1.12 Charges for the services
TLA services has been free till July of 2017 and TLA enacted a policy to charge some minimum fee for the services for the sustenance of the TLA. However, many Tibetans who approach TLA are faced with some incapacity. Therefore, service for the children, and recent arrival from Tibet and women in distress are not charged . Likewise, the fee for respective case/ legal services is fixed to half of the prevailing rate in Indian legal society.
- LEGAL AWARENESS PROGRAMMES IN SOUTH INDIA.
(A) i) The President Mr. Lobsang Dakpa, Secretary cum Counsel Mr. Kunsang Topden, Senior Counsel cum Treasurer Ms. Namgyal Tsekey, and Accountant Ms Sonam Bhuti made official trip to South India from 31.7.2017- 20.8.2017.
- ii) Legal awareness program was organized at five major Tibetan settlements in South India, starting from Mundgod, Kollegal, Mysore Hunsur, Bylaluppe and at the schools and monasteries and educated more than 1500 public , 1500 monks and nuns, 1500 students from TCV School & CST Schools at Mundgod and
iii) Every year there is an increasing number of legal cases in Tibetan exile community. The number of legal issues faced by Tibetan in exile related to Registration Certificate and other official documents, land, marriage, divorce, applying for India citizenship, applying for India voting card, immigration etc. Lack of legal awareness on relevant laws and basic understanding of democracy is also one of the major issues facing Tibetans in Tibet as well.
- iv) TLA lawyers spoke on the respective topic assigned as following subject to the time and public.
- v) TLA President Mr. Lobsang Dakpa introduced the evolution of TLA and the purpose of the legal awareness program. He shared some real case story to support the importance of keeping the personal documents update as per law and illustrative case to explain the concept of FIR, Marriage & divorce, Cyber crime and IT Act. Lobsang Dakpa also spoke on recent hot issues relating to Passport and the recent policy adopted by the government of India and the four conditions and ill-effect and the repercussions associated with the choosing of passport over the Tibetan refugee etc. Further, Mr. Lobsang Dakpa explained the procedure and law as it stands with regard to the Indian citizenship.
- B) Secretary of TLA cum Counsel Mr. Kunsang Topden spoke on the reality of Tibet as per legal history citing various treaties with neighboring countries and on the laws relating to RC, Exit permit and Return visa, Affidavit and FIR.
C)Senior Counsel, Ms. Namgyal Tsekey spoke on the concept of Laws and importance of law, equality before law, and fundamental rights under the Charter, its enforcement, legality and formalities of the marriage and divorce , Women rights, Rape & its punishment under IPC. The Tibetan custom of marriage with two husband being rejected in immigration before the USA embassy as against the Sapinda relationship prohibited under Hindu marriage Act and customs against the public policy of USA is explained with special emphasis so as to make the younger generation of Tibetans to let go to customs that is not in consonance with the law of the land. Ms. Sonam Bhuti, Accountant of TLA spoke on banking law, cheque fraud with ATM and the related areas.
- Legal Awareness to the General Tibetan public in South India
TLA conducted legal awareness to more than 400 people at Mundgod on 8.8.2017, 150 people gathered from different villages of Kollegal on 10.8.2017 and about 250 people at Hunsur on 14.8.2017 and more than 400 public gathered 16.08.2017 at TDL Bylakuppee from both the Tibetan Dickey Lhasoe and Lugsum settlement together at the TDL hall .
- Legal Awareness to the Tibetan Schools at South India
- i) About twenty five Teachers of the Sambhota School at Mundgod were given legal awareness talk on 4.8.2017.
- ii) The legal awareness program at CST Mundgod on 5.8.2017 was attended by more than 350 students from class VIII to XII at CST Mundgod, including few teachers. TLA lawyer Kunsang Topden spoke on the History of Tibetan’s legal status in India, RC, IC and Exit permit, and affidavits and FIR, supplemented by President Lobsang Dakpa with case illustrations . Mr. Lobsang Dakpa also spoke on lawyer as career and importance of becoming a lawyer for the cause of Tibet. Namgyal Tsekey spoke on Sexual harassment at workplace 2013 and sexual harassment of the students with case laws citations and the recommendations.
iii) On 16.8.2017, TLA conducted a legal awareness to more than 400 students from class 8 and above from TCV School, CST school and CVP school gathered together at SOS hall along with the teachers. Mr. Lobsang and Kunsang spoke on their respective topic for the students at Bylakuppe.
Legal Awareness to Monasteries.
08.2017 ( Jamchuk Choeling Nunnery) (5- 7 pm)
To more than 25 nuns at Jangchuk Choeling Nunnery, TLA lawyer Kunsang Topden spoke on RC, IC and Exit permit, and affidavits and FIR, supplemented by President Lobsang Dakpa with case illustrations to support the explanations on FIR, ATM and women’s law . Ms. Namgyal Tsekey spoke on Women’s Rights under Indian law and sexual harassment and related laws under IPC. Ms. Sonam Bhuti spoke on the banking law, Cheque, ATM and related areas.
- ii) TLA conducted legal awareness to the 25 executive members of the Drepung Monastery Mundgod on 8.8.2017 and 600 monks from the Gadhen Lhachi Monastery at Mundgod for two hours each.
iii) TLA lawyers gave legal talk to about 700 monks of Sera Monastery, Bylakuppe on 16.8.2017.
TABLE DEPICTING TIME SCHEDULE OF TLA LEGAL AWARENESS PROGRAMMES IN FIVE TIBETAN SETTLEMENTS IN SOUTH INDIA
| SNo. | Date | place | No of Attendees |
| 1 | 04.8.2017 | Sambhota School Teachers
(4-6pm) |
25 |
| 2 | 05.8.2017 | Central Tibetan School Mundgod (2-3:15pm) | 350 |
| 3 | 07.8.2017 | Jangchup Choeling Monastery (5-7pm) | 25 |
| 4 5 |
8.8.2017
8.8.2017 |
Mundgod Doeguling Public
(10-12pm) Drepung Loseling Monastery (3-4 pm) |
400
25 |
| 6 7 8 |
08.8.2017
11.8.2017
14.8.2017
|
Gaden Lachi Monastery
(6-7:20pm) Kollegal dhondenling public (10-12pm) Hunsur Rabgyaling public (10-12pm) |
600
150
250
|
| 9 | 16.8.2017 | TDL Bylakuppee and Luksum Public
(10- 12 PM) |
400 |
| 10 11 |
16.8.2017
16.8.2017 |
CST School, SOS and CVP
(2-3PM) Sera Mey Monastery (6 PM- 7:30 PM)
TOTAL |
400
700
3325 |
- Problems and opinions elicited during the Legal Awareness Program in the South.
- i) The general public has expressed their problem in online renewal of RC from a present residence due to the non transfer of files from original RC office.
- ii) The General public posed questions and doubts regarding the Tibetan holding both the Residential certificate and the Indian passports.
iii) Problems about the delay in administration for processing RC renewal, exit permit and police clearance and asked how to counter the Indian official who extracts money in the process.
- iv) Public Expressed difficulties due to overt inspection by the Intelligence bureau regarding the Protected Area Permit during the visit of sponsor to the monasteries.
- v) Public expressed difficulties about the new policy of tax called Good and Services Tax and tax deduction at Source.
- vi) The general public asked questions about RCT i.e. land record in the name of the individual Tibetans instead of CTA.
vii) public expressed their inability to understand the remedies and procedure about the Tibetan rehabilitation Policy.
viii) Questions about the rights of maintenance of the divorced/separated wife and procedure for claim were asked.
- ix) Question about the Motor vehicle accidents were asked.
- x) Public expressed difficulty due to the policy of CTA in One time change in name correction and particulars of parents name in the Tibetan green book.
- 13.8.2017 (Annual General Meeting of TLA and legal discussion to Tibetan law students from mysore and Bangalore)
The AGM was held at Mysore on 13.8.2017 from 9. 30. Am to 2 pm. TLA president Lobsang Dakpa and Secretary and Counsel Mr. Kunsang Topden, Counsel Namgyal Tsekey and Accountant Ms Sonam Bhuti are present. 18 student members from Bangalore Law Colleges and 20 from Mysore JSS Law College participated in the AGM and discussion on the legal matters affecting the Tibetan society.
- Activities of Regional Chapter, Mysore.
TLA has established regional Chapter at Mysore and Bangalore respectively on 31.7.2016. The Regional Chapter, Mysore has so far conducted legal awareness program at nearby TCV School at Bylakuppe on 30.10.2016 and at Central School for Tibetans Bylakuppe on 17.11.2016 and conducted a discussion on the Tibetan Charter at Mysore on 6.11.2016 respectively.
4.1. Discussion on the Tibetan Charter by Regional Chapter, Mysore
The Regional Chapter, Mysore has conducted legal discourse and debate on the Tibetan Charter at Mysore non 6.11.2016.
4.2 Legal Awareness of Regional Chapter, Mysore (RTLA) at Mundgod (17.2.2017) on 17th Feb 2017, three executive members of Regional Chapter, Mr. Tenzin Yonten, Mr. Lharong, Miss. Kalsang & other member of TLA, Miss. Tenzin Nangkyi, travelled from Mysore to Mundgod to promote legal awareness, particularly on the important documents like RC and IC and about law colleges. More than one hundred students of C.S.T School, Mundgod (11th and 12th classes) had benefited from the program.
4.3. Visit to the law Colleges.
The regional Chapter of TLA at Mysore and Bangalore has visited the respective law colleges in Mysore and Bangalore such as J.SS law College at Mysore, Ramaya Law College at Bangalore, CMR Law College at Bangalore to conduct awareness program about Tibet during the college international days and gave a idea of Tibetan history, nationality and the status in exile.
- Tibetan Legal Association’s outreach.
5.1 Actual Outcome Tibetan Legal Association could reach 66 clients for providing legal opinion, documentation, settling legal cases both in criminal and civil nature, family issues, providing immigration service. Moreover, the legal awareness programs are one of the most appreciated programs in Tibetan community.
5.2 Anticipated Outcome
- To make Tibetan public aware of their rights under the Tibetan Charter and Indian Constitution and how to enforce them.
- To provide justice in case of any forms of discrimination/harassment in administration, employment and school.
- To make women aware of their rights under family law & sexual assault.
- Improving the legal literacy amongst the Tibetans in Tibetan community and making aware of the legal institutes in order to gain access to justice.