STRICT CENSUS IS REQUIRED TO FIND OUT THE FOREIGNER NEPALESE

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 Nepalese immigrants.

Migration of the Nepalese to Darjeeling from Nepal since the development of Darjeeling for economic reasons, eventually 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 since the year 1970s, Nepalese adopted the policies of expansion and political control of North Bengal.

In Census of 1971 Nepali population including foreigner Nepalese was 1, 28,765 in Jalpaiguri district. In the year 1981 Nepali population including foreigner Nepalese estimated was 1,58,380 growth rate 23% increased 29,615 In 1991 Nepali population estimated was 1,94,807 growth rate 23% increased 36,427 .

But in Census 1991 Nepali population including foreigner Nepalese was about 5,50,000 [from the article ‘Jalpaiguri Jelar Nepali Samaj o Sanskriti’ by kitapsingh Rai; Book - ‘JALPAIGURI DISTRICT ISSUE’, published by information and Cultural Department, Government of West Bengal, 2001]. I.e. about 355,193 (550,000 – 194,807) new foreigner Nepalese entered since 1971 to 1991.

According to estimate there was about 50,000 Nepalese in Jalpaiguri district in the year 1951. These Nepalese and their descendents are Indian Nepalese. Taking into account 10% growth rate in 10 years, the population of Indian Nepalese was about 139,000 in the year 2001 and is about 170,000 in the year 2010 in Jalpaiguri district. The population of Indian Nepalese and foreigner Nepalese, both, was 550,000 in the year 1991. Taking into account 10% growth rate in 10 years, population of Indian Nepalese and foreigner Nepalese, both, was about 676,000 in the year 2001 and is about 830,000 in the year 2010. SO THERE is about 6, 60,000 (830,000 – 170,000) foreigner Nepalese in the year 2010 in Jalpaiguri district.

According to 1951 census report the number of Nepali speakers in Darjeeling district was 88,958. Government of West Bengal has given information in writing that there were 58.4% Nepalese [Indian Nepalese and foreigner Nepalese jointly] out of total 781,777 population of Darjeeling district i.e. there were about 456,646 Indian Nepalese and foreigner Nepalese, jointly, in Darjeeling district in the year 1971. In the year 1971, there were about 134,000 Indian Nepalese in Darjeeling district. THAT MEANS there were about 322,000 foreigner Nepalese in Darjeeling district in the year 1971.

Based on information of Government of West Bengal [58.4% - percentage of Indian Nepalese and foreigner Nepalese] and taking into account 23 percent increase in ten years, it is the estimated that there is about 846,000 foreigner Nepalese in Darjeeling district in the year 2010. On the other hand, it is estimated that there is about 308,000 Indian Nepalese in Darjeeling district. THAT MEANS ABOUT THREE OUT OF FOUR NEPALESE IN DARJEELING DISTRICT ARE FOREIGNERS. So the question, GORKHALAND is for whom and who is a Gorkha?

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. STRICT CENSUS IS REQUIRED TO FIND OUT THE REAL PICTURE.

CAPTURE OF NORTH BENGAL AND FUTURE DREAM OF GREATER NEPAL

The Nepalese are entering continuously in UTTARBANGA from Nepal and thereafter most of them are claiming that they are not Nepalese, they are Gorkhas. A section of Indian Nepalese are also claiming that they are Gorkhas. 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.


ACTUALLY THE LEADERS OF THE GORKHA JANMUKTI MORCHA are entrusted with the work by the master planers, to expand the area of Nepalese to create GREATER NEPAL and capture North Bengal, so that they can disconnect the Darjeeling district, Jalpaiguri district, Coochbehar district, Sikkim state and North-East India from rest of India.

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 Nepalese immigrants.

Migration of the Nepalese to Darjeeling from Nepal since the development of Darjeeling for economic reasons, eventually 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 since the year 1970s, Nepalese adopted the policies of expansion and political control of North Bengal. In Census of 1971 Nepali population including foreigner Nepalese was 1, 28,765 in Jalpaiguri district. In the year 1981 Nepali population including foreigner Nepalese estimated was 1,58,380 growth rate 23% increased 29,615 In 1991 Nepali population estimated was 1,94,807 growth rate 23% increased 36,427 .

But in Census 1991 Nepali population including foreigner Nepalese was about 5,50,000 [from the article ‘Jalpaiguri Gelar Nepali Samaj o Sanskriti’ by kitapsingh Rai; Book - ‘JALPAIGURI DISTRICT ISSUE’, published by information and Cultural Department, Government of West Bengal, 2001]. i.e. about 355,193 (550,000 – 194,807) new foreigner Nepalese entered since 1971 to 1991.

According to estimate there was about 50,000 Nepalese in Jalpaiguri district in the year 1951. These Nepalese and their descendents are Indian Nepalese. Taking into account 10% growth rate in 10 years, the population of Indian Nepalese was about 139,000 in the year 2001 and is about 170,000 in the year 2010 in Jalpaiguri district. The population of Indian Nepalese and foreigner Nepalese, both, was 550,000 in the year 1991. Taking into account 10% growth rate in 10 years, population of Indian Nepalese and foreigner Nepalese, both, was about 676,000 in the year 2001 and is about 830,000 in the year 2010. SO THERE is about 6, 60,000 (830,000 – 170,000) foreigner Nepalese in the year 2010 in Jalpaiguri district


The picture is quite different when it comes to Siliguri subdivision with a population of another 800000, an overwhelming 80% are Bengalis apart from Marwaris, Biharis, Adibasis and other small linguistic groups. Although no figure is at hand for the number of Gorkhas in the Siliguri subdivision, the interpolation does not give more than 10% for Gorkhas.

In light of the above it is our lenient view that before formation of 9 members committee for identification of Nepali inhabitant areas in dooars and terai location, Government must identify the numbers of Foreigner Nepalese those who came after 1950 and is residing in various locations of Dooars and Terai region and whose citizenship is under cloud in accordance with the Gazette Notification of 1988. It must be cleansed of the alien elements though the interest of the genuine Indian citizens among the Nepali speaking people should not be compromised in this process. The Foreign Nepalese those who came after 1950 are not Indian by any means. It is to noted that formation of 9 members committee is meaningless until and unless foreign Nepalese are being identified and expelled from this country. To start this process Government may appoint a high power committee headed by seating High Court Judge in this respect.

Gorkhaland movement organizers have issued a map of Gorkhaland, which includes, apart from three hills subdivisions (Darjeeling, Kurseong and Kalimpong),- the Siliguri subdivision (that means whole of Darjeeling district if Naxalbari zone is included) and the Dooars areas of Madarihat, Malbazar, Nagrakata, Kalchini, Birpara, Banarhat, Chalsa, Bhaktinagar, Jaigaon, Kumargram. It is not clear that when Gorkhaland is not an issue or a matter for discussion so why Government is considering the map of Gorkhaland/area of GL for further discussion?

Bhutan is watching with some concern the negotiations with the Gorkha Janmukti Morcha (GJM) on additional territories in the Dooars for inclusion in the proposed hill council. For, the hill council may now extend to the gateways to Bhutan. By the usual definition the Dooars comprises the foothills of the Himalayas, extending from teesta river in the west to Sankosh river in the east included in the Jalpaiguri district. The areas demanded by the Gorkha Janmukti Morcha in Dooars are understood to be spread over Kalchini, Madarihat, Birpara, Dhupguri, Banarhat, Nagrakata, Meteli and Mal blocks.

In this area, only the Mal and the Meteli blocks have Darjeeling district on the north. From Jiti river in Nagrakata block eastwards, the northern border of this belt merges with the hills of Bhutan. By contrast, the Terai area extending from Mechi river in the west to Teesta in the east, which is also demanded by GJM, is contiguous to the hills of Darjeeling.

Bhutan may claim kalimpong

Bhutan army has a presence in kalimpong. The residence of the queen mother in kalimpong is guarded by contingents of the Bhutanese army and the Indian army. There are huge lands in kalimpong that is owned by the Royal family of Bhutan. People of Kalimpong is still paying rent and that goes directly to the Bhutan government. Sometime when you seek to buy these ‘Bhutan’ owned lands in kalimpong you need to seek FERA clearance for those transactions.


Dooars came to be known as such because the British had found 18 "doors" or entry points to Bhutan, from Nagrakata in the west to Udalguri in Assam in the east, along valleys of rivers flowing down from Bhutan, say Bhutan government sources. If the area becomes part of Gorkha hill council, the Bhutan government would have to deal with the council on many daily issues instead of the West Bengal government like at present.

Besides, the Nepali population in the belt is increasing day by day. This would increase the illegal immigration into Bhutan, the border being porous. Influence of Nepal Maoists in the Indo-Bhutan border area could also increase. Taking advantage of the population composition of the area, Maoists from Nepal could extend their presence to south Bhutan.

According to the sources, people from Nepal started arriving in Bhutan in 1950 in search of employment. They were engaged in felling trees and sawing timber. The Border Roads Organization, too, brought in labourers from Nepal to work in road projects in Bhutan. Many of them settled down in Bhutan. At one point, people of Nepalese origin comprised about 25 per cent of the population of Bhutan, the sources say, but in 1989-90, following a "struggle for establishment of democracy and human rights in Bhutan," many of them had to leave. After 1990, the share of Nepalese origin people in the total of Bhutan has come down to 15 per cent. Many nepalise (Bhutan based) who had to leave Bhutan settled down in the adjoining Dooars area of Jalpaiguri district, adding to the Nepali population in these areas.

This has led to anomalies like Kalchini block having a foreigner Nepali concentration though geographically it is quite far from the Darjeeling hills. Gorkha Janmukti Morcha candidate Wilson Chapramari(a bodo leader) and a candidate of GJMM won in the Kalchini assembly seat due to above concentration and also division of the adivasi votes among the political parties. Jaigaon, which is the main entry point to Thimpu via Phuentsholling, has a large foreigner Nepali concentration. In the other three assembly constituencies adjoining Bhutan border, however, Nagrakata, Madarihat and Kumargram, candi-dates of RSP and Congress won.

Bhutan has a large border with Assam also, from Sankosh river in the west to Udalguri in the east. This belt is Bodo-dominated and now is a part of the Bodoland Territorial Areas District. Wilson Chamramari(a bodo leader) and who is a staunch supporters of Gorkhaland having a good link with the Leaders of Bodoland Territorial Areas District.

India is always a soft state without any strategy. It does not react but always gives in to demands by neighbouring countries. In similar circumstances in the 1950s, when large numbers of Indians were settled in Burma and Sri Lanka for more than a hundred years, they got expelled and India accepted them back without protest. Both Pakistan and Bangladesh have expelled almost all non-Muslims. Tamils who are living in Sri Lanka for thousands of years wanted a separate state within Sri Lanka as a federal country with recognition of their human rights. In response, at least 80,000 of them were killed and their society was devastated by the Sri Lankan army. India is not doing anything to help. Now, when India faces a very violent country, Nepal, controlled by Maoists closely linked with China, the response is to offer more autonomy to these foreign citizens and allow them to come to India more and more to take over larger areas. The Nepalese demand today is not restricted to Darjeeling district any more; they are demanding practically the whole of north Bengal as part of their new Set UP and ultimatum goal of Gorkhaland. Nepalese immigrants have already taken over Sikkim where they constitute more than 70 per cent of the population.

Two questions should be asked. How long would it take these Nepalese through immigration to take over parts of Himachal Pradesh, Uttarachal, Uttar Pradesh and Bihar, which they had occupied during the early 19th century? What would be implications given the close relationship between the present Government of Nepal and China? The government of India does not care about this, but it is urging the West Bengal government to compromise although the creation of New Set Up/Gorkhaland as a Nepalese-controlled area threatens the link between India and the whole of the north-eastern India.

The government must know about the sui- generic status of the 'Gorkhas' so far as the citizenship is concerned (vide Indo Nepal Treaty 1950 and extra ordinary Gazette notification, dated 23rd August 1988; No.26011/6/88-IC.I). Till identification and registration of treaty beneficiary Nepali Nationals in the territory of India, no negotiations should be continued because those negotiations cannot be and will not be legally valid. A quick look at the census figures from 1951 to 2001 will be a glaring example of how India is invaded by foreigners, who are of late trying to disturb the peace, unity and sovereignty of our country.

The only realistic solution is to cancel the Indo-Nepal Treaty of 1950, accept Nepal as a foreign country and Nepalese as foreign citizens with restricted permission to stay in India but without any political rights, as is the case with other foreign citizens.

The above analysis clearly shows that the demand of inclusion of Dooars and Siliguri in Gorkhaland is also quite unethical and nonsense. Why a majority population of Bengalis, Adibasis other communities shall agree to come under a minority population.

It is most important that majority communities/organizations including Akhil Bharatiya Adivasi Vikash Parishad, is not supporting their demand. The  Dooars Terai Nagarik Manch are also out-rightly rejecting the demand of inclusion of Dooars/Terai in Interim setup as raised by the Gorkha Jan Mukti Morcha.

GJMM PLAN TO CAPTURE THE AREA OF TERAI, DOOARS

 Gorkha Janmukti Morcha demanded Siliguri, Terai and Dooars in the interim authority on 19th November 2010 in Siliguri. A section of Nepalese covered their bodies by the name Gorkha. Gorkha Janmukti Morcha is the organization of these false and fictitious gorkhas.

Nepalese are cleverly using the Gazette Notification No. 26011/6/88-ICI, Government of India, Ministry of Home Affairs, New Delhi dated the 23rd August 1988 and a tripartite agreement on 22nd August, 1988 between Government of India, Government of West Bengal and Gorkha National Liberation Front (GNLF) was signed on DARJEELING GORKHA HILL COUNCIL (DGHC).

It is the strategy of the expansionist, colonialist Nepalese to use the above mentioned agreement and Gazette Notification craftily and pushed a section of Nepalese to declare that they are not Nepalese, they are Gorkhas. These Nepalese know very well that they are not Gorkhas. It is a cheat case and it is also the act against the interest of the citizens of India. 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. 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.

Another significant information is that, large number of foreigner Nepalese are able enter their names in Voter List and having Voter ID cards by using the name so called Gorkhas. Actually they are not Indians. It is not only the problem of India but also an International problem. So the neighbour countries especially Bhutan, Bangladesh, China, Pakistan etc should alert that the Nepalese who show Voter ID cards of India, they might not be Indian citizen, through process of mislead and absence of effective checking these false and fictitious gorkhas acquired these Voter ID cards.

The Nepalese are entering continuously in UTTARBANGA from Nepal and thereafter most of them are claiming that they are not Nepalese, they are Gorkhas. A section of Indian Nepalese are also claiming that they are Gorkhas. These false and fictitious gorkhas are agitating for the creation of a state GORKHALAND by dividing the state of West Bengal. If they would be able to capture the Terai and Dooars area including Siliguri, then they will start their political plan and create pressure to Indians to leave that area.

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, Tamils etc in India, in Nepal and in the world.

News appeared in The Times of India dated 12th May 2010 as :

[GJM leader Roshan Giri, however, told TOI that they were no mood to discuss the interim set-up unless the government accepted its territorial demands. “The government insisted on discussions over devolution of power instead of considering our demand for including all Gorkha-inhabited areas in the proposed set-up].

Here GJM leader Roshan Giri mention - Gorkha-inhabited area. News appeared in The Times of India dated 13th May 2010 as :

[Apart from the three Hill subdivisions of Darjeeling, Kurseong and Kalimpong. GJM has demanded inclusion of Nepali-dominated pockets of the Dooars and the Terai in the interim arrangement]. Here the reporter mentioned – Nepali dominated area.

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 Nepalese 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.

ACTUALLY THE LEADERS OF THE GORKHA JANMUKTI MORCHA are entrusted with the work by the master planers, to expand the area of Nepalese to create GREATER NEPAL and capture North Bengal, so that they can disconnect the Darjeeling district, Jalpaiguri district, Coochbehar district, Sikkim state and North-East India from rest of India.

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 Nepalese immigrants.

Migration of the Nepalese to Darjeeling from Nepal since the development of Darjeeling for economic reasons, eventually 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 since the year 1970s, Nepalese adopted the policies of expansion and political control of North Bengal.

[In 1839 Dr. Campbell, a member of the Indian Medical Service, who was British Resident in Nepal, was transferred to Darjeeling as Superintendent from the appointment of Dr. Campbell as Superintendent dates the first immigration of Nepalese from the west and of plainsmen from the south who flocked into exploit the land under the even-handed justice administered by Campbell. Formerly, beyond a few Lepchas and Limbus with the little clearings in the forests, an occasional raid from Nepal, or a stray visitor from the table-lands of Tibets, the Darjeeling Hills were practically uninhabited] – from BENGAL DISTRICT GAZETTEERS, DARJEELING by L.S.S.O’MALLEY, 1907; published by Government of West Bengal in 2001.

In an estimation – in the year 2010 in the Darjeeling district there are about 410,000 Bengalese, 308,000 Indian Nepalese and 846,000 Foreigner Nepalese. In the year 1971 Bengalese were 20.77% of total 781,777 population of Darjeeling district. Taking into account this 20.77% - in the year 2001 there were about 333,500 Bengalese out of total population 16,05,900 in Darjeeling district. Taking into account 23% growth rate in 10 years, in the year 2010 the Bengalese are about 410,000 persons.

It is the estimate that – about THREE out of FOUR Nepalese in Darjeeling district are foreigner Nepalese in the year 2010 AND about EIGHT out of TEN Nepalese in Jalpaiguri district are foreigner Nepalese in the year 2010. In the year 1951, the population of Nepalese was 88,958 in Darjeeling district. These Nepalese and their descendents are Indian Nepalese mainly in Darjeeling district. Taking into account 10% growth rate in 10 years, in the year 2010 the population of Indian Nepalese is about 308,000.

This number 88,958 [Nepalese population in Darjeeling in 1951] is confirmed by Gorkha Janmukti Morcha [GJM] of Darjeeling. In the booklet of GJM named “WHY GORKHALAND?” the GJM mentioned – “The census of Darjeeling ........The Nepali-speaking population was shown as only 17%....”

This number 88,958 [Nepalese population in Darjeeling in 1951] is confirmed by Bharatiya Janata Party (BJP) on Wednesday, April 21, 2010 in Rajya Sabha. Shri Prabhat Jha, Member of Rajya Sabha, of the BJP mentioned – “the census of 1951 for Darjeeling District projected the Nepali-speaking population as a miniscule minority by showing Nepali-speaking population only 17 per cent........”

There were about 134,000 Nepalese in Darjeeling district in the year 1901. According to population increase since 1911[6%, 6%, 12%, 17% respectively], population of Nepalese in 1941 was about 2,00,000 persons. But in the year 1951 this figure came down to 88,958 Nepalese population due to dangerous famine since 1942, quit India movement, economic depression, closer of many tea gardens, fear of revenge as Nepalese served the British as a dependent faithful servant against the freedom movement of India, Darjeeling was the headquarters

of Nepalese for the faithful assistance to British, deep distrust between Bengalese and Nepalese etc.

Government of West Bengal has given information in writing that there were 58.4% Nepalese [Indian Nepalese and foreigner Nepalese jointly] out of total 781,777 population of Darjeeling

district i.e. there were about 456,646 Indian Nepalese and foreigner Nepalese, jointly, in Darjeeling district in the year 1971. In the year 1971, there were about 134,000 Indian Nepalese in Darjeeling district. THAT MEANS there were about 322,000 foreigner Nepalese in Darjeeling district in the year 1971.

Based on information of Government of West Bengal [58.4% - percentage of Indian Nepalese and foreigner Nepalese] and taking into account 23 percent increase in ten years, it is the estimated that there is about 846,000 foreigner Nepalese in Darjeeling district in the year 2010. On the other hand, it is estimated that there is about 308,000 Indian Nepalese in Darjeeling district. THAT MEANS ABOUT THREE OUT OF FOUR NEPALESE IN DARJEELING DISTRICT ARE FOREIGNERS. So the question, GORKHALAND is for whom and who is a Gorkha? A STRICT CENSUS IS REQUIRED TO FIND OUT THE REAL PICTURE.

IN Census1971 Nepali population including foreigner Nepalese was 128,765 in Jalpaiguri district.

In the year 1981 Nepali population including foreigner Nepalese estimated was 158,380 growth rate 23% increased 29,615 In 1991 Nepali population estimated was 194,807 growth rate 23%

increased 36,427 .


BUT in Census 1991 Nepali population including foreigner Nepalese was about 5,50,000 [from the article ‘Jalpaiguri Gelar Nepali Samaj o Sanskriti’ by Kitapsingh Rai; Book - ‘JALPAIGURI

DISTRICT ISSUE’, published by Information and Cultural Department, Government of West Bengal, 2001]. i.e. about 355,193 (550,000 – 194,807) new foreigner Nepalese entered since 1971 to 1991.

According to estimate there was about 50,000 Nepalese in Jalpaiguri district in the year 1951. These Nepalese and their descendents are Indian Nepalese. Taking into account 10% growth rate in 10 years, the population of Indian Nepalese was about 139,000 in the year 2001 and is about 170,000 in the year 2010 in Jalpaiguri district. The population of Indian Nepalese and foreigner Nepalese, both, was 550,000 in the year 1991. Taking into account 10% growth rate in 10 years, population of Indian Nepalese and foreigner Nepalese, both, was about 676,000 in the year 2001 and is about 830,000 in the year 2010. SO THERE is about 660,000 (830,000 –

170,000) foreigner Nepalese in the year 2010 in Jalpaiguri district.

THAT MEANS ABOUT FOUR OUT OF FIVE NEPALESE IN JALPAIGURI DISTRICT ARE FOREIGNERS. A STRICT CENSUS IS REQUIRED TO FIND OUT THE REAL PICTURE.


-DIPAK DE [HUMAN RIGHTS ACTIVIST; M.PHIL IN HUMAN RIGHTS]

GORKHA SHOULD BE VERIFIED IN INTERNATIONAL FORUMS

GORKHA SHOULD BE VERIFIED IN INTERNATIONAL FORUMS


QUOTING FROM CONSTITUTION OF INDIA

PART II – CITIZENSHIP

Article 5. Citizenship at the commencement of the Constitution – At the commencement of this Constitution, every person who has his domicile in the territory of India and

• Who was born in the territory of India; or

• Either of whose parents was born in the territory of India; or

• Who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.

[**this Article i.e. Article 5 has not been amended so far till date but our point is UP TO 23RD AUGUST 1988 the date of Gazette Notification]

WE, THE PEOPLE OF INDIA IN OUR CONSTITUENT ASSEMBLY this twenty sixth day of November, 1949 do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION].

We adopted the Constitution of India on 26th. November 1949 and the Constitution commenced from 26th January 1950.

POINTS:

CRITERIA TO BE CITIZEN OF INDIA – Three options:

• Who was born in the territory of India on or before 26th January 1950, or

• Either of whose parents was born in the territory of India, or

• He or she should have the ordinarily resident in the territory of India for not less than 5 years on or before 26th. January 1950 i.e. he or she should reside from 26th. January 1945 or from earlier.

THE SAID GAZETTE NOTIFICATION OF GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI THE 23RD AUGUST 1988. Published in the Gazette of India Extraordinary Part – I,Section 1 dated the 23rd August 1988,No. 26011/6/88 ICI.

‘Whereas it has come to the notice of the Central Government that there have been some misconception about the citizenship at the commencement of the Constitution of India of certain classes of person commonly known as Gorkhas, who had settled in India at such commencement:

(1) As from the commencement of the Constitution, that is as from 26-1-1950, every Gorkha who had his domicile in the territory of India, that is, in the territories which on 26-1-1950 became part or constituted the territory of India in Article 1(2) of the Constitution of India and

• Who was born in the territory of India, or

• Either of whose parents was born in the territory of India,

• Who had been ordinarily resident in the territory of India for not less than five years before such commencement shall be citizen of India as provided in Article 5 of the Constitution of India,

(2) No such person as is referred to in paragraph (1) above shall be a citizen of India or be deemed to be a citizen of India if he has voluntarily acquired the Citizenship of any foreign State, as provided in Article 9 of the Constitution of India,

(3) Every person who is citizen of India at the commencement of the Constitution as aforesaid shall continue to be such a citizen subject to the provision of any law that may be made Parliament as provided in Article 10 of the Constitution of India,

(4) The Provision of the Citizenship Act 1955 and the Rules and orders made there under shall apply to the persons referred to in paragraph (1) after the commencement of Constitution.


Sd/-

(INDRA MISRA)

Joint Secretary to the Government of India.



POINT:

THE ABOVE MENTIONED ‘GORKHAS’ should be the resident of India from 26th January 1945 or from earlier up to the date of 26th January 1950 (not less than five years) would be treated as citizen of India as Nepali, OR who settled in India between February 1949 to 26th January 1950 and either of whose parents was born in the territory of India, would be treated as citizen of India as Nepali BECAUSE the term or the word ‘GORKHAS’ means Gorkha soldiers of Gorkha regiment AND they were Nepalese, recruited mainly from Magar, Gurung, Rai ethnic groups of Nepal AND their mother tongue was Nepali or lingua franca was Nepali, and their customs, traditions, culture were Nepalese.

Previous name of Nepali language was Gurkhali Language and before the Gurkhali Language it was named as Kaskura language.

There is no Gorkha ethnic group or Gorkha race in Nepal. According to Census 2001 of Nepal there are about 103 ethnic groups and castes in Nepal. Jirels, Kusundas, Sunuwars, Chepangs, Panchagaule, Thakalis, Tharus, Gurung, Magars, Tamangs, Newars, Rai, Limbu, Sherpa, Sonar, Lohar, Tatma, Lodha, Thami, Darai, Koche etc. some of the ethnic groups of Nepal. Nepalese migrated from Nepal and settled in almost all over India particularly in hilly areas. Large scale emigration of the Nepalese to India for economic opportunities started after the Anglo-Nepal war (1814-1816). Accordingly, the existence of Gorkha ethnic group or Gorkha race in India does not arise at all.

There is no separate existence or identity of ‘Gorkhas’ as like Nepalese, Assamese, Gujratis etc – as ‘Gorkhas’ i.e. ‘Gorkha soldiers’ are Nepalese. Nepalese were recruited in Gorkha regiments.

[On 8th August 1947, it was revealed that the 2nd, 6th, 7th, and 10th Gurkha regiments had been selected for continued service with the British, while the remaining six regiments should serve the Indian government (James and Sheil-Small, 1965: 254)] – by Vidya Bir Singh Kanskar, Ph.D., Professor and Head Central Department of Geography, Tribhuvan University, Kathmandu.

2nd King Edward VII’s Own Gurkha Rifles, 6th Gurkha Rifles, 7th Gurkha Rifles and 10th Gurkha Rifles became part of British Army.
It is to be noted that 1st King George V’s Own Gurkha Rifles (The Malaun Regiment),3rd Queen Alexandra’s Own Gurkha Rifles, 4th Prince of Wales’s Own Gurkha Rifles, 5th Royal Gurkha Rifles (Frontier Force), 8th Gurkha Rifles, and 9th Gurkha Rifle became part of Indian Army.


INDIAN ARMY CHANGED THE NAME “GURKHA REGIMENT” TO GORKHA REGIMENT” in February, 1949 while changing the designation of King Commissioned Officer and Viceroy Commissioned Officer to Indian Commissioned Officer and Junior Commissioned Officer, respectively.

THAT IS – the term or the word GORKHA was in use or coined since February 1949 in India. IT IS VIVIDLY CLEAR that Gorkha means Gorkha soldier, they were Nepalese.

[AFTER THE CHANGE OF NAME OF ‘GURKHA REGIMENT], The ‘GORKHA REGIMENT’ took birth on FEBRUARY 1949 i.e. the period between February 1949 to 26th January 1950 was about one year AND IT

IS LESS THAN FIVE YEARS So the criteria of five years of the above mentioned Gazette Notification dated 23rd August, 1988 is not applicable.

So THE ABOVE MENTIONED ‘GORKHAS’ i.e. Nepali soldiers should be settled in India between February 1949 to 26th January 1950 and either of whose parents was born in the territory of India, would be treated as citizen of India as Nepali BECAUSE the term or the word GORKHAS means Gorkha soldiers of Gorkha regiment AND they were Nepalese, recruited mainly from Magar, Gurung, Rai ethnic groups of Nepal.

Gorkha means Gorkha soldier when a Nepali was in service as soldier. After retirement from Gorkha regiment, he was a general citizen i.e. he was a general Nepali. It is matter of notification, verification and records that (1) how many Nepalese of that particular six (6) Gorkha regiments were settled in India and who were alive till the Gazette Notification dated 23rd August 1988 and were able to submit records that either their parents was born in India,

OR (2) who settled in India and after their death their family members were able to submit that their ancestor was Gorkha soldiers and that Gorkha soldiers were settled between February 1949 to 26th January 1950 and either of their (Gorkha soldiers) parents was born in India.

The above mentioned verification, Notification, recording etc had not done so far before the Gazette Notification. Government of India has violated human rights by publishing this Gazette Notification.

[The Gorkha can thus be described as an ethnic community living in Nepal, India** ….] claimed by the Gorkha Janmukti Morcha is baseless, false and fictitious. [** from website of Gorkha Janmukti Morcha (GJM)] as there is no existence of Gorkha ethnic group in Nepal, in India and in the world (again read the above mentioned submission).

While it is true that Gorkhas have shared a common lineage and stock with the Nepalese] claimed by Gorkha Janmukti Morcha is baseless, false and fictitious as Gorkha means Gorkha soldiers of Gorkha regiment; they were recruited from Nepalese; they were Nepalese and Gorkha soldiers have had no separate identity as Nepalese, Assamese, Gujratese etc. AND to be read with that THE NAME ‘GORKHA’ is in use in India or coined in India on and from FEBRUARY 1949.

ETHNIC GROUP OR RACE CANNOT BE CREATED ARTIFICIALLY, SHOULD BE REAL. Creation of Ethnic Group or Race is the natural process. No Gazette Notification or administrative Order can create Ethnic group or Race.

Nepalese migrated from Nepal mainly for economic reason and settled in Darjeeling and other parts of India. Now in Darjeeling hills, namely Darjeeling, Kalimpong and Kurseong, they are more or less about 85 percent of the total population. The aboriginal inhabitants of Darjeeling were Lephchas, the indigenous tribes.

[The waves of Nepalese immigration into Sikkim became perceptible from early as the last century*, but caused little anxiety as long as land was plentiful and the spars indigenous population did not feel deprived or threatened. The flow came mainly from the Darjeeling district of India to the south of Sikkim and from the eastern regions of Nepal contiguous to Sikkim’s western frontier. Darjeeling originally part of Sikkim, had been ceded to the British in 1835 for the establishing of a sanatorium, since when it had become a refuge for Nepal’s surplus population] – from Sikkim, A Himalayan Tragedy by Nari Rustomji, published by Allied Publishers Private Limited, Calcutta, 1987.

AT PRESENT, Ethnic group and/or Race and/or Linguistic minority is/are the matter of International subject and the subject of human rights. baseless, false and fictitious claim on Ethnic group or Race is the violation of human rights.

Human Rights are no longer within a state’s domestic jurisdiction. That which is governed by international law or agreement is ipso facto and by definition a matter of international concern, not a matter any state’s domestic jurisdiction.

Government of India ratified the International Covenant on Civil and Political Rights (ICCPR). Inspired by the provisions of Article 27 of the ICCPR concerning the rights of persons belonging to ethnic, religious or linguistic minorities, General Assembly adopted “Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities” in 1992.

In this case the ‘Gorkha ethnic group’ is baseless, false and fictitious and the demand for GORKHALAND state based on ‘Gorkha ethnic group’ is the glaring violation of human rights.

AS IT IS THE MATTER OF INTERNATIOAL SUBJECT now (baseless, false, fictitious claim on Ethnic group or race), so Government of India, Government of West Bengal, Indian Coast Guard and Gorkha Janmukti Morcha may submit documents, papers if any in support of ‘Gorkha ethnic group’, ‘Gorkha race’, and separate entity of ‘Gorkha’ like Nepalese, Assamese, Gujratese etc to the appropriate International Forum for recognition and approval BEFORE FURTHER MEETING FROM ANY LEVEL IN INDIA WITH GORKHA JANMUKTI MORCHA.




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, Hongkong].