The Sikkim High Court has dismissed a writ petition filed by over 100 Sikkimese women married to non-Sikkimese men, challenging restrictions on property rights and the non-issuance of Certificate of Identification (COI) to their children.
The case, Puspa Mishra & Others vs State of Sikkim, was heard by a Single Bench of Justice Meenakshi Madan Rai, with the judgment pronounced on April 6, 2026.
The petitioners had contested a 2018 government notification and sought directions to grant COI to their children, ensure eligibility for government employment, and secure inheritance rights over immovable property. They argued that the denial of such rights was discriminatory and violated constitutional guarantees under Articles 14, 15, 16, 19, and 21.
However, the Court rejected these arguments, holding that Sikkim’s unique historical and constitutional framework—protected under Article 371-F—continues to govern such matters. It observed that laws in force prior to Sikkim’s merger with India in 1975 remain valid and protected.
Referring to the Sikkim Subject Regulation, 1961, the Court noted that a Sikkimese woman marrying a non-Sikkimese does not retain the same status as a Sikkim Subject, which impacts the rights of her children, including eligibility for COI.
On the issue of alleged gender discrimination, the Court held that while equality is a fundamental right, reasonable classification is permissible in law. It ruled that the distinction between Sikkim Subjects and non-Sikkimese is based on historical and legal considerations and does not violate constitutional provisions.
The Court also clarified that children of such marriages are not entitled to COI under existing rules, but may obtain Residential Certificates (RC), which provide access to various state benefits, including education and certain property rights.
Concluding that the matter falls within the domain of legislative policy, the Court dismissed the petition, stating that any changes must be made through appropriate legal or legislative measures.
