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

'There will be no Gorkhaland. Bengal will not be Divided” Mamata Banerjee

Mamata Banerjee has made it clear, “There will be no Gorkhaland.” Addressing party cadres and supporters at Kalchini in Jalpaiguri District yesterday, the Trinamul Congress President said, “Trinamul Congress will not allow any move to divide West Bengal. There will be no Gorkhaland.” Indicating that her party is in favour of an integrated development programme in the Hills, Banerjee said, “an integrated development programme in the hill areas is the key to reach a permanent and peaceful settlement.”

The Trinamul Congress President’s statement that there would be no Gorkhaland has put Gorkha Janmukti Morcha in an ‘awkward position’ as the party has offered its ‘unconditional support to the Trinamul Congress .

MAMATA BANERJEE AND THE FALSE, FICTITIOUS GORKHAS IN DARJEELING

“The new government will create a new bond between the hills and the plains by ushering in development,” Mamata Banerjee, the chief of
Trinomul Congress Party said on 11th February 2011 Friday, according to news.

DEVELOPMENT IS THE MATTER OF BRIBE:

At the Chowrastha on 25th October, 2009, Sunday while attending the closing ceremony of the month long cultural revolution which started on September 25, the GJM chief Bimal Gurung said – unscrupulous intentions of bribing Hill people by dangling the development carrot and announced that the panchayat department would not be allowed to function from November 7, 2009. “The Bengal government is trying to lure away Hill people from Gorkhaland by providing development through the panchayat. So we will close the panchayat department and offices in the Hills,” said Gurung.


COLLECTION OF TAX:

GJM chief Bimal Gurung on 25th October, 2009, Sunday threatened that GLP will collect tea, motor vehicle, boulder and other taxes.

IT IS MOST INTERESTING THAT PARTHA CHATTERJEE LEADER OF TRINOMUL CONGRESS PARTY extended support in a meeting in Darjeeling district to the Gorkha Janmukti Morcha’s (GJM) agitation for the creation GORKHALAND state by dividing the state of West Bengal , according to news.

Gorkha Janmukti Morcha is the organization of false and fictitious gorkhas 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, Tamils etc in India, in Nepal and in the world.

A section of Indian Nepalese and most of foreigner Nepalese are claiming that they are gorkhas, they are not Nepalese. These false and fictitious gorkhas i.e. the combination of a section of Indian Nepalese and most of the foreigner Nepalese are demanding for the creation of Gorkhaland state.

IT IS MOST IMPORTANT MATTER THAT MAMATA BANERJEE HAS HAD NEVER UTTERED
AGAINST THE POLITICAL ACTIVITIES OF THE FOREIGNER NEPALESE wherein a foreigner has no right to participate in political activities in a foreign country.

IT IS ALSO TO BE NOTED that, according to news, Gorkha Janmuki Morcha supported the candidate of Trinomul Congress Party’s candidate in Legislative Assembly Election 2009 in RAJGANG constituency of
Jalpaiguri district and on the other hand Trinomul Congress Party supported the candidate of Gorkha Janmukti Morcha candidate in Kalchini constituency of Legislative Assembly Election 2009.

Accusing the chief minister of West Bengal of neglecting the hill people, on 11th February 2011 Friday Mamata requested the people of the Darjeeling hills to have patience till the coming assembly election – according to news. BUT IT IS DATA THAT GOVERNMENT HAS NEVER NEGLECTED THE DARJEELING DISTRICT reflected in Human Development Index.


IT IS TO BE NOTED that Trinomul Congress Party was the ally of Bharatiya Janata Party (BJP) and BJP is supporting the Gorkha Janmukti Morcha of the demand of creation of GORKHALAND state which means
MERCENARIES LAND or CRIMINALS LAND, by dividing the state of West Bengal.

BJP candidate Jaswant Singh elected in 2009 in Parliament Election from Darjeeling constituency by foreigner Nepalese votes, unfair and unfree votes and the Gorkha Janmukti Morcha supported the Jaswant
Singh. So Human rights philosophy and jurisprudence cannot accept Jaswant Singh as Member of Parliament.

In an estimation – in the year 2010 in the Darjeeling district there are about 410,000 Bengalese, 308,000 Indian Nepalese, 846,000 Foreigner Nepalese and 411,000 others [Lepchas, Bhutias, Adivasis etc] (total population about 19,75,000) . In the year 1971 Bengalese were 20.77% (162,349 persons) 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 FOUR out of FIVE 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. Taking into account 23% growth rate in 10 years, in the year 2001 the population of Indian Nepalese was about 250,000 and in the year 2010 the population of Indian Nepalese is about 308,000. There were 88, 958 Nepalese in Darjeeling district in the year 1951 and according to information this is the Census report of India in 1951. 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........”

FROM THE ABOVE MENTIONED STATEMENT of Mamata Banerjee it may be said that after the election if she will win, may divide the state of West Bengal and HAND OVER the Darjeeling district to Nepalese including foreigner Nepalese.

It is to be noted that the Trinomul Congress Party candidate won in Rajganj constituency of Jalpaiguri district by the vote of foreigner Nepalese as four out of five Nepalese in Jalpaiguri district are foreigner Nepalese, according to an estimate.

NEPALESE POPULATION IN JALPAIGURI DISTRICT:

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 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 23% 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 23%
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.



PARLIAMENT

Smt. Dil Kumari Bhandari, is a Nepali according to information, born in Darjeeling on 14th May, 1949 was the Lok Sabha Member from Sikkim state. She represented Sikkim state from May 1985 – 27 November 1989 and from 20th June, 1991 – 10th May 1996. In 1992, during the debate on the Constitution (Amendment) Bill of Amendment of Eighth Schedule for the inclusion of Nepali language, she said in Parliament that language has very important place in one’s life. This involves so much of emotional issue in fact the whole existence of a (perdon), it is not a correct thing to play cheap gimmicks. If I indulge in such
cheap gimmicks, posterity will never forgive. I, for that matter all the people who speak Nepali language, are not weak that we will change the name of our mother tongue merely by suggestions of some ignorant and fabricated arguments put forward by some vested interests. In this respect I would like to quote from one document released in 1973 by Shri Subhas Ghisingh, I do not know whether I am allowed to take his name or not. But I will read from his own document. I quote:

“Jhoota Jati Gorkhali prate Nilojhanda ka general secretary, Subash Ghising ka Ghor Birod”.

He again said:


“Hami Gorkhali Hoi No” – we are not Gorkhas.


“Hami Nepali” – we are Nepalis.


“We are Nepalis and can preserve our language and culture by remaining Nepali.”



I do not want anything more, I leave to it to the wisdom of this august House and the knowledgeable hon. Members of this august House.


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.


MAMATA BANERJEE is the cabinet minister and she with her cabinet ministers given direction to Union Home Department to held meeting with the false and fictitious gorkhas, and this case is nothing but the violation of Constitution of India and also the violation of principle of SECURILISM, violation of maintenance of heritage NAME principle of Government of India.





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

GORKHALAND MOVEMENT, STOP PARLEYS IMMEDIATELY

OPEN LETTER

The Prime Minister of India,New Delhi.
The Union Home Minister,New Delhi.
The Chief Minister of West Bengal & All the States.
Mr. Manohar Tirkey, M.P (RSP)
Governor of West Bengal

Re : Gorkhaland Movement (Stop Parleys) Immediately.

Respected Sir,

As a grass-root level journalist I am watching the "Gorkhaland"movement since 1986. I would like to draw your kind attention on the following points.

1. When it is clear that there is no community/ race/ ethnicity in thename of GORKHA in the existing world then how our Govt. is considering the demand of so called GORKHALAND AGITATORS and why the political parleys with GORKHA PARTIES.

2. GORKHA is a district of NEPAL and GORKHA TOWN" is the Head Quarter of the Gorkha District. How a "GORKHA" named the GORKHA District. Howa "GORKHA" named movement / Anarchy/ Chaos can be tolerated in India!

3. Ancient time there was a kingdom named "GORKHA" in Nepal and the old palace is still there, just adjacent to GORKHA TOWN. The then King of GORKHA kingdom Prithwinarayan Shah is the founder of today's greater Nepal by conquering several small & medium sized kingdoms of that time. If Nepalese are interested to remember that lion hearted king, they can easily change the name of their country by putting'GORKHALAND" in place of Nepal. A part of nepali speaking people inIndia, those who are identifying themselves as "GORKHA", such section of people may easily go there as because the treaty of 1950(INDO-NEPAL RRIENDSHIP TREATY) allows both the Indians & Nepalese same right of emigration. You will find from the history that members of the GORKHA regiments fought against India in the several occasions. Even Rabindranath Tagore condemned such type of aggression by calling them butchers. You will find a piece of speech which is delivered by"GORKHA" leader, Mr. Damber Singh Gurung in the CONSTITUENT ASSEMBLY on 19th. December 1946. I am quoting a portion of that speech where Mr. Damber Singh Gurung telling : " Sir, the problem of the Gurkhas is quite different …… . Though we are made to do the dirtiest work in India for which we have been called Butchers by Indians, though hundreds of thousands of GORKHA lives were sacrificed to keep the British Rule in India and elsewhere, nothing has been done by the British Govt. so far the uplift of the GURKHAS"
From every corner it is established that regimented GURKHA / GORKHA means SLAVES. And till date a section of the Nepalese are doing the same slavery as soldier, security personnel, in the various part ofthe world. When 'GORKHA" is foreign place and it is implied that GURKHA/GORKHA means slaves, then how a Govt. can allow such movement a demand in the name of GORKHA.

4. While 'GORKHA' is not a Community/ Race / Ethnicity etc. and there is no anthropological history of Gorkha at all, then GORKHALAND movement is not an issue at all.

5. When "GORKHA" is a landmark identity of Nepal and having a district in the name, then how one can demand "GORKHALAND" in India!

6. It is fact that Britishers recruited youths from Nepal's Gorkha area in their army as slaves and hence the regiment of those slaves named 'GORKHA' (GURKHA). But it does not mean that the GORKHA is the community or the race or the ethnicity. It is clear that Britishers uses the "GORKHA/ GURKHA" term as the identity the nepali speaking Khukri fighters (soldiers).

7. While it is proved that 'GORKHA" is not a community/ race/ethnicity and "GORKHA" is a fictitious identity, then Govt. is duty bound to cancel the Gazette Notification, dated 23.08.1988 in regard to GORKHA citizenship. In this context I would like to mention that,the notification which was published by Indira Mishra, the then Joint Secretary to the Govt.of India was unconstitutional. No one of our country has that right to issue the birth certificate for a community through that procedure. The 'GORKHA" named community which was fathered by Mr. Subhas Ghisingh (President of GNLF) and pushed to itas Gazette Notification by Mr. Buta Singh, the then Union HomeMinister with the connivance of the then Darjeeling M.P Mr. Inderjit Khuller. Mr. Bhuta & and Mr. Inderjit, both the Punjabis have made this criminal offence by making the safe unconstitutional passage of fictitious "GORKHA" community. My humble submission is, it is the duty of our judiciary as well as all the peoples' representatives to check how the things like "Gorkha" citizenship notification can be made and why not the culprits will be booked for this anti-national offence.

8. While GORKHA is not a Community/ Caste / Ethnicity then how there will be political parties like GORKHA JANAMUKTI MORCHA, GORKHANATIONAL LIBERATION FRONT, ALL INDIA GORKHA LEAGUE ETC. While GORKHA is a fictitious identity, then how you, the Government making Political Parleys with the "GORKHA" named parties and negotiating theso called GORKHALAND demand. In this context I would like to apprise you that in the Darjeeling Hills you will find no national political parties, as because Darjeeling is a lawless land now, and creating terror is the routine work of GORKHA JANAMUKTI MORCHA led by itsPreesident Mr. Bimal Gurung. Those parties are still having their activities in the Darjeeling Hills, they may be different in their names, but political demands are same. All are in favour of a separate statehood which called "GORKHALAND".

9. You will be astonished to know that the GORKHALAND demand is a long dreamed conspiracy in the name of Nepali Speaking people's sentiment.Actually the so called "GORKHA" leaders want "GORKHALAND" as separate country by creating anarchy with the help of illegally settled foreigners. To achieve their target, the leaders as well as the conspirators are trying to make their roads for that ultimate destination. The target is ethnic cleansing of Bengali Community and the various Tribal Groups. Please go through these points and you will find the answer.

No one can deny that everyday a large number of Nepalese (Citizen ofNepal) are coming to India through various open borders. As because there is no passport or Visa system and INDO-NEPAL border remains open, taking the undue advantage of INDO-NEPAL FRIENDSHIP TREATY,1950 the emigrated Nepalese are settling in India by managing the citizenship through Ration Card/ EPIC Card/ enlisting as voter and even enjoying the APL/ BPL status. You please go through Census Report and you will find that, in 1951 there were 88,958 Nepali speaking Indian populations in the Darjeeling District whereas in 1961 thepopulation of Nepali speaking people in the District jumped to3,69,130. The growth rate was 314.95%. Further in 1971, the population(i.e. Nepali speaker's population) jumped to 4,46,446. In 1981, it was5,40,444, in 1991 it was 6,37,874 and in 2001, it was 7,78,528. You will find more than 775% population growth of Nepali speakers took place within 50 years in Darjeeling Constituency only. And when you will get the 2011 Census figure that will show you the Nepali speaking population of the district to be more than 14.00 lacs. Out of 14.00 lacs there will be a minimum of 10 to 11 lacs of those who are from Nepal taking the advantage of 1950's friendship treaty. If you wish to add the figure of Nepalese entered in the DOOARS and other parts of West Bengal, then the number of Nepalese who settled as Indian will beabout 15.00 lacs. So, unless you are identifying these Non-IndianNepalese you can not sit with Nepali speaking leaders as because you do not know the person you are talking whether they are Nepali-speaking persons of Indian Citizen or are Citizen of Nepal. For your ready reference I would like to submit below the quotation from"GORKHALAND MOVEMENT A CLANDENSTINE INVASION" by Dr. D.P. Kar"By 1991 Nepali census, the number of emigrants from Nepal had been6,58,337 of which 89.2% i.e. 5,87,236 persons had gone to India.Within the period from 1991-2001 the number of emigrants from Nepalhad been 7,62,181 and nearly 68% of them i.e. 5,18,283 personsmigrated to India".
The emigrants of Nepal in many areas of North Bengal have already out-numbered the local population leading to ethnic tensions and sometimes violence. Take just the instance for verification, please goto TOTOPARA of Jalpaiguri District while the land of the TOTOPARA is exclusively enmarked for the primitive TOTO tribe. You will see there half of the land is occupied by the Nepali people and it's unfortunate to hear that TOTO tribes are speaking Nepali! Both central Govt. andState Govt. of West Bengal are aware of the fact that in December 2009 one NGO named "Janachetana" has filed Public Interest Litigation in the KOLKATA HIGH COURT, where the petition raised questions regarding the citizenship status of "Treaty Benficiery Napali Nationals in India and prayed for directions from the Hon'ble Court to the respondents so as to prevent flagrant violation of the Art. 326 of the Constitution,Representation of Peoples Act and Foreigners' Act etc. Except Election Commission, all the other respondents failed to submit their affidavit in opposition and remained conspicuously silent over the issue. It is also heard that "Janachetna" has already moved one more petition praying for an interim order restraining the respondents from holding the tripartite meetings with any of the outfits claiming to be the representatives of the Nepalese whose citizenship status are disputed,debatable and yet to be ascertained according to the Constitution of India., Citizenship Act, the Foreigners' Act, the relevant Treaties and the Central Govt.'s Gazette Notification dated 23rd. August 1988-till the final disposal of the pending Writ petition by the Hon'bleHigh Court. Sir, I am in constraint to say that this sort of disregard and defiance to the judicial process from the Govt. Administration will only make people loose their confidence on the system of judiciary in the country.

Sir, I am not going to mention here the activities of Mr. Buta Singh who acted as against Mr. Subhas Ghisingh in the earlier days. I would like to just intimate you that this is not the way to purchase peacein the Darjeeling Hill by giving them interim set up (autonomous) which straightly speaks SEPARATE STATE, will be the final one.

Sir, I know that I will not get any answer of this letter , but please keep it in mind that I will fight tooth & nail against all the odd she, who may be the political players. I am bound to do so as a true citizen of this country. Sir, while you are wrongly ready to give a council, please delete the 'GORKHA" word from DARJEELING HILL COUNCIL. And for your information, please note that late Rajiv Gandhi and late Jyoti Basu both were dead-against of inclusion of "GORKHA" word as because they never heard "GORKHA", the community which was fathered by"messiah" Subhas Ghisingh.

You see GORKHALAND movement is in no way similar to any other movementof separate State anywhere in India. In the context of GORKHALAND you can clearly identify that it is the dacoity, Luliganism, Gundaism of two sections of people of a simple linguistic Community. One sectionis beneficiaries of Indo-Nepal friendship treaty and the other sectionis a portion of true Indian Nepali Speaking citizen.

Sir, please remember the Sikkim, the State which having its first language being Nepali has made a strict barrier to the entry of Nepalese Beneficiaries , while Behar, West Bengal and U.P. are stillgiving the open border and free entry.

Sir, while you have accommodated Nepali language in the Eighth Schedule, how you can recognize "GORKHA"? Who are they?

With regards.


TUSHAR PRADHAN
C/O Uttar Bangla Sambad
18A/1A, Manoharpukur Road
Kolkata- 700 026.,
Mobile : 9830408119
e-mail : charjeeling@gmail.com, charjeeling@yahoo.co.in
Blog : http://banglasambad.blogspot/

CANCELLATION OF INDIAN CITIZENSHIP GRANTED TO FOREIGN NEPALIS WHO ARE ORIGINALLY CITIZENS OF NEPAL AFTER 1950

Taking up a petition on granting of Indian citizenship to people of Nepal residing in India post January 26, 1950, the Calcutta High Court today directed the Centre to state its position on the matter through an affidavit.
A Division Bench comprising Chief Justice M S Shah and Justice Bhaskar Bhattcharya directed the Centre, Election Commission of India, secretary to the Ministry of External Affairs, the West Bengal government and others to file affidavits within four weeks, after which the case would be taken up for hearing.
The direction was passed in response to a PIL filed by Siliguri-based organisation ‘Janachetana’ demanding cancellation of Indian citizenship granted to Gorkhas, who are originally citizens of Nepal, after January 26, 1950.
Petitioner’s counsel Sakya Sen told court that there were two treaties — Britain India Nepal Tripartite Agreement of 1947 and Indo-Nepal Treaty of Peace and Friendship of 1950 — which stated that Nepalese citizens would enjoy many rights in India if they reside here but would remain citizens of that country in a reciprocal arrangement.
He also said a gazette notification of August 23, 1988, by the Centre had sought to clarify misconceptions regarding citizenship of Gorkhas stating that those who came to India before January 26, 1950, could claim citizenship of the country. Those who came after that date would remain citizens of Nepal. The petitioner claimed that there has been a large influx of Nepali citizens into India, mainly in Darjeeling and Jalpaiguri districts of West Bengal and that they had been “unlawfully” granted electoral rights here.
Sen submitted that there has been a sudden surge in the electoral rolls in these areas and alleged that the Election Commission of India and the State Election Commission had not properly verified the applications for inclusion in the electoral rolls. Admitting the petition, the Division Bench directed that the matter would be heard again on April 9.

Unlawful exercise of political rights by the treaty beneficiary Nepali Nationals in India

Unlawful exercise of political rights by the treaty beneficiary Nepali Nationals in India

The district administration is playing a passive role vis-à-vis the GJMM obstructionist programme

JALPAIGURI, 1 JAN: The Dooars Drivers Association, an apolitical platform formed yesterday by the Malbazar-based bus and taxi drivers along with the common people convened a 72- hour transport strike all over Dooars and one day trade shutdown at Malbazaar. The platform came into being yesterday after the Gorkha Jan Mukti Morcha supporters ransacked a Malbazar-based ambulance at Sevok Coronation Bridge.
The Jan Jagran Mancha and the Dooars Terai Nagarik Manch leaders supported the bandh.

The strike evoked a good response at Malbazaar, Chalsa, Damdim and Odlabari area where all the shops remained closed and no private or government buses plied.

According to the secretary of the platform, Mr Subal Dey, they would continue with the strike till the GJMM lifts the road blockade agitation.

“The district administration is playing a passive role vis-à-vis the GJMM obstructionist programme. We, the common people, are at the receiving end of the GJMM attempt to unleash anarchy,” Mr Dey stated, adding that the trading would become normal tomorrow after today's token srike.

Meanwhile, the Dooars Terai Nagarik Manch activists served a memorandum to the state chief secretary, Mr Ashok Mohan Chakraborty today, demanding immediate intervention of the state government to normalize the situation in the hills, Terai and Dooars within next 72 hours.

The Jalpaiguri District Ambulance Workers’ Union (CITU affiliated) also submitted a memorandum to the SP, Jalpaiguri, Mr Anand Kumar, asking him to bring to book those GJMM activists involved in ransacking an ambulance on the Sevoke Coronation Bridge yesterday. According to district secretary of the organization, Mr Narayn Das, they have also observed a suspension of work for two hours in Jalpaiguri, protesting against the incident.

(Source : STATESMAN NEWS SERVICE)