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Saturday, May 28, 2011

DEMAND OF ‘GORKHALAND’ IS NOT WITHIN THE CONSTITUTION OF INDIA



Demand of Gorkhaland by the false and fictitious Gorkhas is not within the Constitution of India as there is no existence or there was no existence of Gorkha ethnic group, Gorkha race, Gorkha caste, Gorkha community or separate identity as Gorkhas like Nepalese, Assamese, and Tamils etc in India, in Nepal and in the world. In India, other name of Ethnic group is Tribal people.

There is no provision in the CONSTITUTION OF INDIA that Government can hold meeting with the false and fictitious ethnic group, race, community especially on the matter of development, law and order
including on the matter of allowing administrative power such as handing over government departments and allowing legislative power, bureaucratic power, allowing fund, allotment of area to them.

It is the history and empirical evidence that Nepalese emerged from Nepal, migrated from Nepal to India and settled all over India, especially Darjeeling and Sikkim were submerged under the incoming flood of Nepali immigrants. The Nepalese, however, are not homogenous social group. They have been migrated from different regions of Nepal with the traditional difference.

A VIEW:
Migration of the Nepalese to Darjeeling from Nepal since the development of Darjeeling was mainly for economic reasons. Eventually the Nepali community outnumbered the different Indian communities in
Darjeeling and established their domination in different sectors of economy and cultural life of Darjeeling Hills. Rapid population growth of the Nepalese in Darjeeling district and adjoining areas particularly after the Indo-Nepal Agreement in 1950, Nepalese adopted the policies of expansion and political control of North Bengal and for which compelled the citizens of India of that area to resort resistance. Citizens of India being threatened by the rapid growth of Nepalese in Darjeeling district and Jalpaiguri district are compelled to mobilize themselves for protection under different banners such as Adivasi Bikash Parishad, Bangla O Bangla Bhasa Bachao Committee, Amara Bangali, Dooars and Terai Nagarik Mancha, Jan Jagaran Mancha, Jana
Chetna Mancha etc. According to Dialectical Materialism in near future bloody clash will occur (already started in a small scale) and it will continue for the fear of loss of life, livelihood and domination by Nepalese.
Among these Nepalese, Indian Nepalese are small number and most of them are foreigner Nepalese as according to census 1951 there were about 88,958 Nepalese in Darjeeling. Taking account the growth rate of Indian Nepalese as 23% per decade (in 10 years), the Indian Nepalese were 250,441persons in the year 2001 and in the year 2011 the Indian Nepalese would be 308,042 persons. Based on a MASTER PLAN, Nepalese are aggressive to implement their programme pushed a section of Nepalese to claim that they are not Nepalese , there are Gorkhas* . It is also the serious matter that a section of Indian Politicians and
Indian Bureaucrats are extended their helping hands to the false and fictitious Gorkhas. An article ‘Gorkhaland agitation, a story of political bungling’ appeared in Times of India dated 13th June, 2008 as -
[…….The genesis of the current unrest lies in the Centre’s attempt to turn the Darjeeling into a tribal region by putting the DGHC (Darjeeling Gorkha Hill Council) in the Sixth Schedule of the Constitution. In November 2007, New Delhi initiated the move in Parliament as a follow up to a tripartite agreement between it, Kolkata and Ghisingh. This upset non-tribal Nepalis, who form about 70% of the hill population. They accused the three of trying to divide them on ethnic and caste lines……….The hill people suspected foul play when the Centre last year recognized two Nepali ethnic groups – Tamangs (to which Ghisingh belongs) and Limboos- as scheduled tribes…] News appeared in Times of India dated 14th June 2008 as –
[Darjeeling: CPM’s tactic of covertly supporting controlled violence against Gorkha Janmukti Morcha followers in the plains and the Dooars has paid off, at least temporarily. Pushed on the back foot due to the
backlash against the Nepali community in Siliguri, GJM chief Bimal Gurung was forced to postpone his indefinite bandh till Monday. In the plains resentment grew against Gurung as innocent Nepalis got caught in the counter attack and in the Hills, members of his own community were pushed to the brink by the continued disruption of life…..] News appeared in ‘The Times of India’ dated 9th May, 2008 Friday as –
[On Thursday the urban development minister Ashok Bhattacharya called for the arrest of Gurung and his followers for the alleged inflammatory remarks they made during Wednesday’s maha-rally in Siliguri….... “They have been making inflammatory statements that are bound to create bad blood between Nepalis and Bengalis. They are playing politics with people’s sentiments and trying to divide them. They should be arrested,” Bhatacharya said at a press conference…….] Nepalese of Gorkha Janmukti Morcha (GJM) are claiming that they are not Nepalese, they are Gorkhas, they belong to Gorkha ethnic group, they belong to Gorkha race and they have separate identity as Gorkhas like Nepalese, Assamese etc. According to human rights philosophy, jurisprudence - the Nepalese of Gorkha Janmukti Morcha have no identity at present, they are false and fictitious Gorkhas and they are IDENTITY LESS persons in India; these identity less persons i.e. false and fictitious Gorkhas are agitating for the creation of separate state ‘GORKHALAND’ by dividing the state of West Bengal in India; presence of identity less persons in a country is not safe for the citizens of that country and also unsafe for the unity, integrity and sovereignty of that nation. “Despite their rightful claim to the land, the Gorkhas in India have always been referred to as Nepalese or immigrants. While it is true
that Gorkhas have shared a common lineage and stock with the Nepalese, it will be grossly inaccurate to think of Indian Gorkhas as an immigrant Nepalese population living in India………The Gorkha can thus be
described as an ethnic community living in Nepal, India and elsewhere either as Nepalese, Indian or any other national…………The Gorkhas are a distinct race…. ” – from website of Gorkha Janmukti Morcha.

[As expressions ‘historical propositions’ are communicative, conveyed through some or other medium and, …….., open to public scrutiny or criticism. The world of history, inter-subjectively sharable as it is, can be said to be a world on its own right, despite of its modification by the historian’s experience and imaginations.
Admittedly it is reconstructive but this reconstruction pre-supposes the objectivity of the elements out of which history is reconstructed. Broadly speaking, the truth-claim of the historical statements may be viewed both generically and specifically, negatively and positively. Because of its expressive character, expressive (primarily but not necessarily) in and through language, the historian’s language is required to be appropriate to what, i.e. the content, he wants to express.] – from ‘The Ways of Understanding the Human Past,’ by D.P. Chattopadhyaya, published by PHISPC, Centre for Studies in Civilization, 2003. News appeared in Times of India dated 14th June, 2008 as –

[Kolkata: It began with erstwhile urban development minister Asok Bhattacharya’s warning to tourists not to venture into Darjeeling this summer. Incited by the comment, Gorkha Janmukti Morcha and its leader Bimal
Gurung fell into the trap and bashed up tourists – giving legitimacy to the anti-Nepali backlash in Siliguri.
……………the vengeance was hailed by the Bengali settlers in Siliguri. They are scared of GJM’s bid to take control of this crucial corridor to the North-East and are relieved to see the administration getting a grip on the disturbed area. “They were going too far. They treated us like foreigners in the Hills and misbehaved with us though we belong to the same state……..” said Kanai Mullick, a food corporation employees in Siliguri.

FALSE AND FICTITIOUS ‘GORKHAS’ HAVE NO POLITICAL RIGHT, THEY ARE IDENTITY LESS PERSONS. Presence of IDENTITY LESS persons in a country is not safe for the citizens of that country and also unsafe for the unity, integrity and sovereignty of that nation. ACCORDINGLY POLITICAL ACTIVITIES OF THE FALSE AND FICTITIOUS GORKHAS OF ‘GORKHA JANMUKTI MORCHA’ (GJM) etc is anti-national and citizens of India should resist them, it is the view of the human rights philosophy and jurisprudence and this view is applicable in all countries of the world.

RECRUITMENT OF FALSE AND FICTITIOUS ‘GORKHAS’ IN ARMY, IN PARA- MILILARY FORCE, IN ARMED FORCE, IN RAILWAY PROTECTION FORCE, IN POLICE AND IN ADMINISTRATION IS ANTI-NATIONAL, ACCORDING TO HUMAN RIGHTS PHILOSOPHY AND JURISPRUDENCE AS FALSE AND FICTITIOUS GORKHAS ARE IDENTITY LESS PERSONS IN THE WORLD. THIS VIEW IS APPLICABLE IN ALL COUNTRIES OF THE WORLD.

Nepal is a multi-ethnic, multi-lingual country. There are about 103 ethnic groups and castes in Nepal according to census 2001 of Nepal. There are no Gorkha ethnic group, Gorkha race, Gorkha caste, Gorkha community, separate identity as Gorkhas like Nepalese in Nepal. Naturally in India, the existence of Gorkha ethnic group, Gorkha race, Gorkha caste, Gorkha community, separate identity as Gorkhas like Nepalese does not arise at all. In India other name of Ethnic group is Tribal people.

Sunuwars, Jirels, Chepangs, Kusundas, Panchagaule, Tharus, Thakalis, Gurungs, Magars, Tamangs, Newars, Rai, Limbu, Sherpa, Sonar, Lohar, Tatma, Lodha, Thami, Darai etc are some of the ethnic groups in Nepal. Nepal is a country of more than 10 million Indigenous Peoples with 56 different groups, but some of them still fighting for enlistment in indigenous people, Aathpahariya is one of them [July 2010 – information from ‘Indigenous Peoples Issues and Resources’ – p...@indigenouspeoplesissues.com]

An article ‘Gorkhaland agitation, a story of political bungling’ appeared in Times of India dated 13th June, 2008 as - […….The genesis of the current unrest lies in the Centre’s attempt to turn the Darjeeling into a tribal region by putting the DGHC (Darjeeling Gorkha Hill Council) in the Sixth Schedule of the Constitution. In November 2007, New Delhi initiated the move in Parliament as a follow up to a tripartite agreement between it, Kolkata and Ghisingh. This upset non-tribal Nepalis, who form about 70% of the hill population. They accused the three of trying to divide them on ethnic and caste lines……….The hill people suspected foul play when the Centre last year recognized two Nepali ethnic groups – Tamangs (to which Ghisingh belongs) and Limboos- as scheduled tribes…]

Subash Ghisingh, the chief of Gorkha National Liberation Front, is a Nepali and he belongs to ‘Tamang’ ethnic group of Nepalese. Subash Ghisingh belongs to ‘Nepali origin’. Now he is demanding that he is a
‘Gorkha’ i.e. he belongs to ‘Gorkha origin’. He is also demanding that he belongs to ‘Tamang’ ethnic group means ‘Tamang’ tribal group and he demanded the implementation of sixth schedule of Constitution of India
in Darjeeling. HOW THE POLITICIANS ARE SUPPORTING HIM? How a person can belong to two origins?

No Gazette Notification, no Administrative order, no Agreement, no Resolution in Parliament can create ethnic group or race or community. Through natural process ethnic group or race is created. Ethnic group
or race or community should be real, should be natural AND should not be unreal and unnatural. In India, other name of Ethnic group is tribal people. Human rights philosophy and jurisprudence support the real, natural ethnic group, race, community and oppose the unreal, unnatural ethnic group, race, community and inform the citizens on this matter.

Human rights defender/activist will support the minority for the protection of minority’s ethnic, religious and linguistic identity. Human rights defender/ activist will promote and encourage respect for human rights and for fundamental freedoms of the minority. As Nepalese is the minority community in India, so human rights defender/ activist will work for the promotion and protection of the ethnic, religious, customs, tradition, culture, language of the minority Nepalese in India. At the same time oppose the false and fictitious Gorkhas and inform the citizens of India and International community in this matter.

FOR RECOGNITION AND APPROVAL

Government of India, Government of West Bengal, Indian Coast Guard, Border Security Force, Indian Army, Ministry of Railway, Territorial Army, Jammu Frontier Border Security Force, Assam Rifles, Gorkha
Janmukti Morcha, Gokha National Liberation Front, All India Gorkha League, former-Governor of West Bengal Gopal Krishna Gandhi etc may submit documents, papers if any, (including customs, culture, language, anthropological report, ethnological report etc) in support of Gorkha ethnic group, Gorkha race, Gorkha community, Gorkha caste, separate identity as Gorkhas like Nepalese, Assamese, Tamils etc to
the Appropriate International Forum for recognition and approval. Human rights philosophy and jurisprudence support the unity, integrity and sovereignty of a nation. Actually a strict census is to be made in Nepali concentrated areas in North Bengal on the basis of 1951’s census and to find out who are foreigner Nepalese, who are Indian Nepalese and which foreigner Nepalese are involved in political agitation in India. A foreigner has no political right, it is an offence to participate in political activities in a foreign country. Foreigner Nepalese would not be counted to determine Nepali majority area or Nepali minority area.
To determine the majority or minority Nepalese concentrated area – foreigner Nepalese should not be counted, false and fictitious Gorkhas should not be counted, Bhutanese Nepalese should not be counted, only the Indian Nepalese should be counted. Suppose in area – there is 5,000 Nepal’s Nepalese; 300 Bhutanese Nepalese; 3,000 false and fictitious Gorkhas; 1,000 Indian Nepalese; 4,000 Adivasis; 2,000
Bengalese - then this area is to be considered as Adivasi majority area according to human rights philosophy and jurisprudence.

Throughout history Nepal has surplus manpower which she channelized into three directions, First, the export of skilled artisans to build temples, stupas and icons in Tibet, Bhutan and Mongolia as well as China; Secondly, the sons of her soil were made available in the Trans- Himalaya trade to serve as merchants (Newars, Thakalis) and porters from the ancient and medieval period to the turn to century, Thirdly, to works as seasonal labourers or semi-permanent and permanent labourers in Sikkim, Bhutan or North-East India; or as soldiers in the British Indian Army. Nepali experience in the refugee problem can be divided into two categories: Nepalis migrating into north-eastern India, Sikkim and Bhutan and even Myanmar; and Nepali speaking people comming from north-eastern India, Bhutan and Burma. The Nepali migrants (Rais, Limbus, Gurungs, and Newars) in North-Eastern India, Sikkim and Bhutan were encouraged by two factors. First, the decline in Trans-Himalayan trade by the turn of the century compelled the Nepalis, who had earned their living by this trade, to seek their livelihood elsewhere. Second, the Nepali migration in north-eastern India and the neighboring countries was also encouraged by the British, who were establishing tea-plantation
in Darjeeling, which required a labour force that was capable of working on steep slopes. In addition, the British encouraged the Nepali migration in Sikkim for they were convinced that a non-Buddhist community in Sikkim could serve as a counter to what the British perceived to be pro-Tibetan British policy in that state, designed to open up Tibet. The Nepalese fitted both these criteria admirably well; and became a crucial factor in the rapid expansion of the Nepali community both in Darjeeling and the South-Eastern sector of Sikkim in the late nineteenth century………………..Waves of the Nepali migrants also entered into the Southern part of the Brahmaputra valley (Assam). The British encouraged the Nepali migrants to settle in this area but not into the North-eastern section (present Arunachal). This area was prohibited to both Nepalis and the Christian missionaries because of its supposed strategic importance] – from text book no. 4F.4, Refugee Problem and South Asia; Post Graduate Diploma in Human Rights under United Nations World Programme for Human Rights Education, Indian Institute of Human Rights New Delhi. General Assembly of United Nations adopted the “Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities” in its resolution 47/135 of 18 December 1992 in pursuance of Article 27 of International Covenant on Civil and Political Rights (ICCPR). Government of India ratified the
International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR). Article 27 of ICCPR reads: ‘In those States in which ethnic, religious
or linguistic minorities exists, persons belonging to such minorities shall not be denied the right, in community with the other members of their groups, to enjoy their own culture, to profess and practice their own religion, or to use their own language.’ Human rights philosophy and jurisprudence want real, natural ethnic group, race and community and oppose the unreal, unnatural ethnic group, race, community and inform the citizens of that country and International community on this matter.



By Dipak De ,Human Rights Activist; M.Phil in Human Rights; Member of Amnesty International; United Nations on line volunteer on Human Rights, in touch with: Asian Human Rights Commission, Hong Kong