Sikkim High Court Upholds Restrictions on COI for Children of Sikkimese Women

The Sikkim High Court has rejected a petition challenging restrictions on property rights and COI issuance for children of Sikkimese women married to non-Sikkimese men. The court upheld the state's special constitutional status, stating changes must come through legislation, not the judiciary.

The Sikkim High Court has dismissed a petition challenging state-imposed restrictions on property rights and the issuance of the Certificate of Identification (COI) to children of Sikkimese women married to non-Sikkimese men. This petition, led by Pushpa Mishra and over 100 other women, contested a 2018 government notification.

The court ruled against the petitioners, citing Sikkim's special constitutional status under Article 371F, which protects pre-merger laws. While the petitioners argued such restrictions violated constitutional rights of equality, Justice Meenakshi Madan Rai stated that historical and legal distinctions did not constitute a breach of constitutional provisions.

The judgment maintained that affected children could not obtain COI but were eligible for Residential Certificates, granting access to certain educational and property-related benefits. The court emphasized that policy changes should emerge legislatively, not through the judiciary.

(With inputs from agencies.)