Despite having lived in the Sadiya Tribal belts for several generations, the Ahom, Moran, Mattock, Chutia and Gorkha communities did not have land rights. Identifying them as ‘protected classes’ will now allow them to rightfully own the ancestral lands where generations of the families have lived.

Chapter 10 of the Assam Land and Revenue Regulation, 1886 protects the land rights of the protected tribal classes from immigrants in regions notified as Protected Tribal Belts and Blocks. As per the regulation of 1886, no land of the protected tribal classes can be bought by a non-tribal non-protected class of people. Only the protected tribal classes living inside the Protected Tribal Belts and Blocks or outside in other regions of Assam could buy land from the members of any protected tribal classes. 

Yesterday, Darjeeling MP Raju Bista had tweeted to thank the Chief Minister, Himanta Biswa Sharma, and the Government of Assam for recognizing Gorkhas as a protected class.

In his response to the tweet by the MP, the Chief Minister stated “You will be further happy to note that Assam cabinet took a decision today not to prosecute any Gorkha citizen under the Citizenship Amendment Act 1955 and also to withdraw all pending prosecutions relating to Gorkhas from foreigners tribunals.”

It may be recalled that the Gorkhas who did not get the NRC were required to approach the Foreigners’ Tribunals to contest their case.

The decision by the Government of Assam to exempt the Gorkhas from going to the Tribunals is much welcome news for the Gorkhas of Assam who have been long seeking recognition as one of the original inhabitants of Assam. The last yester, the Darjeeling MP has called upon former CM Sarbanda Sonowal regarding the issue and was given positive assurances by the Chief Minister.

The post Gorkhas in Assam not to be prosecuted under CAA, says Chief Minister Himanta Biswa Sharma appeared first on The Darjeeling Chronicle.

Hence, all eyes are now fixed on how the Union government moves forward with finding a permanent political solution to the long-pending demand for a separate state Gorkhaland – comprising of Darjeeling hills, Terai and Dooars. Many sceptics thought are concerned, will they make any move at all.

From what I have seen so far, NDA II government is in no mood to miss out on the opportunities provided by the historic mandate they received, and the responsibilities that come with it.

Civilisational and legacy issues

A year ago, no one would have believed if you told them the government was planning to do away with Article 370 and Article 35A. Article 370 underpinned Article 35A of the Indian Constitution, which empowered the Jammu and Kashmir state’s legislature to define “permanent residents” of the state and provide special rights and privileges to those permanent residents.

This law though seemingly protective of the people from Jammu & Kashmir was by very nature highly discriminatory and exploitative. This law permitted unequal rights for the citizens of the state – men had more rights over women, Kashmiris of Gorkha and Balmiki (SC) origin were discriminated against and treated as second-class citizens.

Taking the bull by its proverbial horn, the Union government did away with the Presidential declaration which had permitted Article 35A to become a law. The division of Jammu & Kashmir State into two separate administrative units – Union Territories of Ladakh and J&K, opens up a wide range of possibilities. Most important of all being the reunion of Pakistan Occupied Kashmir region of Gilgit-Baltistan with our nation.

Another important decision taken by the government was the passing of Muslim Women (Protection of Rights on Marriage) Bill 2019 which makes ‘triple talaq’ illegal. While the NDA government held that talaq-e-biddat or instantaneous talaq, as a practice discriminates against women, and thus needs to be criminalised, the Opposition argued that it impinged on the religious freedom of the Muslim community bestowed in Article 25 and 26 of the Indian Constitution. Despite the opposition, the government went ahead and the bill was passed by Parliament as a law on July 30, 2019, to make instant ‘triple talaq’ a criminal offence.

Focusing on financial reforms, the government announced the merger of 10 state-owned banks to form four large banks. The move was aimed at providing relief to banks from rising NPAs and better banking facilities to consumers.

Peaceful resolution of Bodoland demand and Bru refugee case, issues that had remained unaddressed for generations, shows the commitment of the government to resolve all civilisational and legacy issues that have plagued our nation.

Among those legacy issues this government has tackled are the updating of National Register of Citizens in Assam and the granting of citizenship rights to persecuted minority refugees from Pakistan, Bangladesh and Afghanistan.

NRC and CAA – blues and greys

When the Supreme Court of India instructed the Union government to update the National Register of Citizens for the state of Assam under its monitoring in 2013, not many knew what would be its consequences. The final updated NRC for Assam published on August 31, 2019, contains over 3.1 crore names out of its population of 33 million or 3.3 crores, leaving out 19 lakh applicants. It is alleged that the majority among them are Hindu refugees/immigrants from Bangladesh, and also substantial number Gorkhas.

The day NRC list in Assam was published, Bharatiya Gorkha Parisangh (BGP) – a quasi-political organisation – claimed: “over one lakh Gorkhas have been left out of NRC roll”. Despite no official substantiation of the figures, even by Bharatiya Gorkha Parisangh themselves till date, this number has caught popular fancy. “One lakh Gorkhas have been left out,” has been repeated so often by BGP, TMC, and Binay-Anit faction that by now everyone takes it to be gospel, though I have my doubts.

NRC process as implemented in Assam under the supervision of Supreme Court was imperfect, and there is no doubt that a large number of genuine Indian citizens have been left out of the NRC, but over the course of time, I am certain all kinks will be resolved.

CAA and the politics of fear

Following the passage of Citizenship (Amendment) Act (CAA), 2019, Assam was the first state where protests began. A majority of the Assamese citizens feared that 1.9 lakh whose names have been left out of the NRC will be settled in Assam itself. Gradually this fear spread across Northeast and the government had to clarify they won’t be settled in any parts of Northeast.

In Darjeeling region, this alleged figure of Gorkhas being left out from NRC in Assam has been used as the prime tool for fear-mongering among the Gorkha populace and used as a political agenda by all those who are opposed to BJP. On one hand, TMC-backed Development Board members are protesting against “racist CAA law which discriminates against Muslims”, on the other, TMC-backed Binay-Anit faction are protesting against the fear that “NRC rejects from Assam will be settled in Darjeeling hills, Terai and Dooars”.

Their fears are well-founded though, as West Bengal chief minister Mamata Banerjee has time and again said “anyone who is displaced due to NRC will be settled in Bengal,” and our region is the most likely place she may settle additional refugees in. As a remedy, they have demanded Inner Line Permit (ILP) to be implemented in our region.

Gorkha National Liberation Front (GNLF), one of the BJP allies, has demanded that our region be included under the Sixth Schedule of our Constitution so that “the region is protected from a fresh wave of immigrants”.

Amidst this, the government announced the signing of a new peace treaty with the Bodo-groups that were on the frontline of armed struggle for a separate state of Bodoland on January 27, 2020. Once the terms of the agreement became public, someone whose opinion I highly regard tweeted, “What a joke on Bodo people by BJP! The Bodos are seeking their own state and not an administrative arrangement within Assam. The govt is clearly & openly cheating the Bodos of Assam.” [sic]

GTA vs Bodoland Territorial Council

The GTA agreement signed in 2011 mentions the “setting up of an autonomous body empowered with administrative, financial and executive powers in regard to various subjects to be transferred to the said body for the development of the region and restoration of peace and normalcy there.” The Bodoland agreement reads, “The process of BTC to have more legislative, executive and administrative and financial powers in respect of additional subjects as enumerated at Annex – I within 90 days.” It includes issues relating to electrification and energy, the welfare of minority communities, trade and commerce, MSME, education, etc, in addition to the existing lists of legislative autonomy already granted to the BTAD under Sixth Schedule of our constitution.

My reading and understanding of the Bodo Agreement show that the Bodos are getting Gorkhaland Territorial Administration (GTA) like to set up, with legislative powers added in. This could be a game-changer, though.

As well-meaning as GTA agreement was, the West Bengal government under Mamata Banerjee absolutely refused to allow it to function to its full potential. There was no administrative or functional autonomy, and almost all the departments that were to be transferred to GTA were never transferred in spirit. Every dotting the I’s and crossing the t’s had to be approved by Nabanna, and while the elected representatives of GTA were left with lots of responsibilities and public expectations, the actual powers rested with the office of the district magistrate. Also, GTA never had any legislative power. So, it never went on to fulfil the aspirations of the people from our region.

Gorkhaland – the possibilities

Given how NDA 2.0 has been proactive in tackling issues of national importance one by one, it is a foregone conclusion that they will take up the issues concerning finding a permanent political solution to the long-pending demands of the people from Darjeeling hills, Terai and Dooars in the coming days. All indications hint at a possible settlement post-2021 Bengal elections.

However, the Union government shouldn’t seek to wrap up the Gorkhaland issue as they did with Bodoland issue. The Bodos do not suffer from an identity crisis, and their main bone of contention has been effective protection and recognition of Bodo people as a separate indigenous entity in Assam. Whereas the Gorkhas suffer from a grave crisis of identity, whereby we have always been viewed with suspicion by others. Whenever we have asked for our rights, the West Bengal government has blatantly labelled us as “foreigners, terrorists and outsiders”.

The people here expect NDA II government to take decisive action on Gorkhaland statehood issue. Instead of more power to semi-autonomous bodies like DGHC or GTA, the government should seek to either form Gorkhaland state or the Union Territory of Gorkhaland and nothing less.

Personally, given the sensitive border zone that our place is, I’d prefer a Union Territory for our region. Already enough blood has been shed over the Gorkhaland issue, and NDA II government is well poised to take a historic decision that will ensure long-term safety and security of the vulnerable ‘chicken’s neck’ region of our nation.

As a friend of mine was reminding me the other day: “A stitch in time, can save nine”.

This article was originally published here.

The post Post Bodo Pact, All Eyes on How Centre Deals with Gorkhaland Issue appeared first on The Darjeeling Chronicle.

Amidst the chaos surrounding the passage of the CAA by the Center and the decision taken by the Bengal Government to protest tooth and nail to stop the implementation of National Population Register ( NPR) and NCR in West Bengal, a question naturally arises in every curious mind viz; Can a state government do such a thing?

Is the state government constitutionally allowed to boycott a Central Act passed by the Union Parliament which represents the collective will of the people?

What are the legal consequences if the State government decides to go rogue and boycott such an Act?

Are there any legal provisions in our constitution for such a misadventure?

As always, leaving the politics aside I will try, to the best of my understanding, to decipher the constitutional provisions relating to such a direct act of dissent by the state government and its legal consequences. Please be advised that the views expressed are purely personal without prejudice to any political ideology or the likes. I stand to be corrected in case of any erroneous act of omission or commission on my behalf.

Let’s get our first question answered.

Can the state government directly boycott an Act passed by the Union Parliament? The answer to this question lies in Article 256.

Article 256 under the heading “Obligation of States and the Union” reads, – “The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose”

A simple read of the above article gives us the answer. The article is more or less self-explanatory. It says that the state has No Option but to extend compliance with the laws made by the Union Parliament. The Union Government, on the other hand, is, however, empowered by the same article to give such directions to the state as it deems fit to get those laws executed.

Therefore the State Government has to comply with the laws passed by the Central Legislature, it cannot say NO. If it decides not to do so then it will be deemed unconstitutional in accordance with the provisions of Article 256 which explicitly forbids such misadventures.

Now let’s take a look at the second Question.

What is the legal consequence of such a misadventure?

The constitutional sanction behind such a direct act of dissent by the state government is very harsh. For us to get a better understanding we need to again take a look into 2 important articles of our constitution, viz Article 365 and Article 356.

Article 365 under the heading “Effect of failure to comply with, or to give effect to, directions given by the Union” reads – ” Where any State has failed to comply with or to give effect to any directions given in the exercise of the executive power of the Union under any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution”

In means that the If the state government fails to comply with or give effect to, any of the directions given by the Union government than the President can lawfully hold that a situation has arisen wherein the State Government cannot be carried on in accordance with the provisions of the constitution.

The words ” State Government cannot be carried in accordance with the provisions of the constitution ” has dire consequences in our constitution. This is one of the grounds on which Presidents Rule can be imposed in a State as in accordance with the provisions of Article 356.

Article 356 under heading “Provisions in case of failure of constitutional machinery in State” reads – “If the President, on receipt of the report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the “government of the State cannot be carried on in accordance with the provisions of this Constitution”, the President may be Proclamation…….”

The article clearly says that if the President receives a report from the Governor or otherwise, meaning that the President need not wait for the Govorners Report, saying that the State Government cannot be carried in accordance with the provisions of this constitution then he can, through a proclamation, under Article 356, declare, what is called a President’s Rule in the state, however, such is subject to the approval of both the houses of the parliament.

Article 256 read with Article 365 and 356, therefore, implies that the State Government is constitutionally bound to comply with or give effect to any directions given or any Acts passed by the Union Government. If the State Government decides not to comply then it will risk the danger of imposition of Presidents Rule in the State. When such a contingency arises the state government will come under Presidents Rule.

It must be noted that both National Population Register (NPR) and National Register of Citizens (NRC) have a statutory backing, they are created under the Citizenship Act of 1955 which is a Central Act in the Union list and that the executive power of the Union extends to giving such directions to the state as it deems fit to ensure due compliance with such laws.

Therefore if a State Government decides not to give effect to NPR or NRC then such an act amounts to a violation of Article 256. An incidental consequence of the violation of Article 256, Article 365 and 356 kicks in, as a result of which Bengal may come under Presidents Rule. In this way, the Center may take the Bull by the horn and impose Presidents Rule in a State.

The question now is, can the State Government afford such a misadventure. Can Didi afford a Presidents Rule in her state at this critical juncture especially at a time when the State Assembly elections are just around the corner?

Indeed, dissent is the quintessential part of democracy and allows people to have their opinions and to voice those without fear of intimidation. The philosophy of dissent and democracy has also inspired our freedom movement and defines India’s constitutional democracy, which is predicated on the people’s right to call state power to account, albeit within the constitutional framework but at what cost?

Writes: Phinjo Wangyal Gurung

The post The Price of Dissent- Is Bengal Headed Towards Another President’s Rule? appeared first on The Darjeeling Chronicle.

I don’t think the government has any right to ask me or for that matter anyone of us, for our citizenship, the fact that we are here is sufficient enough to prove that we are Indians.

After spending more than 16,000 Crore(official figure), with over 50,000 employees working day and night, over 6 years resulted in a junk list of only a few lakhs illegal immigrants out of 3 crore inhabitants in Assam. How wise it is to implant NRC pan India with a population of more than 130 crores spanning over 28 states and 9 UTs?

It has been roughly estimated that over 800 crores were spent by the people of Assam alone, running from pillar to post, filing appeals in the Foreigners Tribunals just to prove what was rightfully theirs in the first place. How many of us are ready to do that now??

Who is accountable for this wanton waste of public money which could have otherwise been used prudently?

Should the illegal immigrants be identified and thrown out from the country? Well, that’s the question our Governments is asking through NRC.

Looks like a fairly simple question and without any iota of doubt everyone will agree and say ” YES”. No one wants illegal immigrants in their country as that would primarily drain our resources to our disadvantage.

But the real question is ” Who are these illegal immigrants”?

Let me answer that question for you. We all know that

The Government of the day functions through Documents, therefore, any person without documents is an Illegal Immigrant according to NRC. Is it that simple?

My question to the government ” Should these people, simply because they don’t have these 40 to 50 years old documents, be declared infiltrators and thrown out of the country??? Definitely NO.

Now u know what they are trying to do through NRC. When they say illegal immigrants this is what they mean, a person without some Documents.

My next question, “Who are these persons without documents?”

The obvious answer, Poor, illiterate, landless labourers, tribals, refugees, homeless, people displaced, economic migrants etc.

How wise it is to identify illegal immigrants solely based on documents, some of which are more than 30 to 40 years old, in a country where the masses are illiterate homeless and systematically oppressed? Especially the landless labourers living in rural areas, having no land of their own. How are these people supposed to produce these documents when they don’t even have a roof above their head?

Not to forget the womenfolk, who most of the time switch over to their husbands home, with a new address and a new surname that don match with her previous records.

Whose responsibility was it to ensure that we all had our documents? It was the Government. The government’s inability to ensure that we had our documents cannot be the basis for taking away our citizenship. This is utter nonsense and non-acceptable.

NRC is therefore definitely Anti poor, Anti landless, Anti Homeless and with the coming of the Citizenship Amendment Bill ( CAB), it has become Anti Muslim too.

For the first time in the history of modern India Religion is being made the basis of Citizenship through the Citizenship Amendment Bill( CAB). According to which there are 2 categories of immigrants, if you are a Non-Muslim Immigrant( NMI) you are just a Refugee but if you are a Muslim Immigrant( MI) than you are an Infiltrator.

Take a simple example of a Non-Muslim Immigrant. First, that Non-Muslim Immigrant has to prove that he is a citizen through documents, failing which he will be converted first into a Refugee, now if he is not able to prove that he has come from either of the 3 neighbourhood countries
i.e. Pakistan, Bangladesh or Afganistan ( these 3 countries have been given immunity in the Citizen Amendment Bill) then he will be converted into an Infiltrator( illegal immigrant ). In this way, a simple Non-Muslim Immigrant gets converted first into a Refugee and than into an Infiltrator simply because of lack of documents. How weird is that?

The Muslims Immigrants by default are infiltrators according to CAB and will be sent to the detention camp.

NRC is not just a 5-year exercise as had happened in Assam i.e.a Damp Squib. Remember we are dealing with real people here and not objects. The Government might as well be able to start it but they will not be able to end it, the list will go on for years and at some point when they realize their mistake like they did when they implemented Demonetization and GST, it will be too late. Through NRC it seems that government has bitten off something more than it can chew.

Writes: Phinjo Wangyal Gurung

The post NRC – A Damp Squib appeared first on The Darjeeling Chronicle.

The reasons for the exclusion could be anything; from clerical mistakes, not able to furnish documents as per the cut-off year of 1971, or inability to establish relationship and family continuity. Meanwhile, the issue has provided enough fodder for the political leaders who see it as an opportunity to display their badge of political allegiance.

Organisations and leaders aligned to the ruling parties are promising that Gorkhas need not worry, while those in opposition are claiming that Gorkhas are the target in the whole exercise. Whatever their political compulsions are, it is time that the community comes together to discuss and find a way forward for the future of the Indian Gorkhas as a whole. The bigger concern is not about supporting or opposing NRC, but ensuring that the authorities in power understand the deep-rooted history of the Gorkhas in India.

The NRC exercise, in essence, is for the benefit of our nation; to identify illegal infiltrators so that the country is secured. To dismiss the NRC exercise undertaken under the watch of the Supreme Court as a political agenda is naive, and to blindly support it because of any political compulsion is dangerous, especially for the Gorkha community.

The Gorkhas need to be wary of the exercise because we have always been seen as the ‘outsiders’ in the larger Indian context. For most people, it is easier to assume that the Gorkhas have come to India from Nepal, because we speak the same language, rather than try to understand the deep-rooted and complex history of the community. Although identified by their language and ethnicity, the Gorkhas living in different parts of India have their own unique history and its sense of identity with respect to the place they reside.

The Gorkhas of Darjeeling Hills, Terai, and Dooars

The history of Darjeeling hills, Terai and Dooars are complex, with multiple treaties between British India, Nepal, Sikkim, Bhutan, and Tibet defining its pre-Independence status. This region was governed under various administrative regimens such as – Non-Regulated Areas, Scheduled District, Backward Tract and Partially Excluded Area. The Gorkhas of North Bengal are indigenous to the region and became part of the Indian Union along with the land, people, customs, and traditions.

The Gorkhas of North India

The Gorkhas of North India, namely Himachal Pradesh, Uttarakhand, and parts of Uttar Pradesh are as indigenous to the land as any other community there. As history speaks, the erstwhile Gorkha Kingdom extended up to Kangra in Himachal Pradesh. It was only after the Treaty of Sigauli 1816 that the borders were drawn between British India and the Nepalese Kingdom. There was no repatriation and the Gorkhas living in the territories were automatically absorbed in the land, the same way people of Indian ethnicity were absorbed in the Terai regions of Nepal.

The Gorkhas of North East

In documented history, the Gorkhas entered the North East as the British began to expand and penetrate into the resource-rich Northeast frontiers. The discovery of oil in Digboi, the coal mines of Meghalaya, the Anglo-Burmese Wars brought waves of Gorkha soldiers, agriculture workers, and labourers into the area. During the Anglo-Burmese war (1824-1826) the Gorkha soldiers formed an integral part of the British forces fighting to push back the Burmese troops advancing from the Northeast. The history of Gorkha settlement in the Northeast is well beyond 200 years and have contributed immensely in the socio-economic sphere of the region.

Soldiers who settled in India

Across the country, there are pockets of Gorkha people, especially the soldiers who chose to settle in India after retiring from their services. There are sizeable chunks of Gorkha people settled in UP, Jharkhand, Kashmir, Punjab, and even in southern Indian states. For the children of ex-servicemen, India provides good schooling, healthcare and better opportunities for the future.

Nepalese citizens who come in search of work

By virtue of the free borders and movement agreement between India and Nepal, many Nepalese citizens who come to India for work have also settled down in various cities across India. While many still hold their Nepali citizenships, there are others who have adopted India and have lived here for over two generations. Under the Citizenship Amendment Bill 2016, they are today Indians like any other citizen.

The NRC process poses a huge challenge to the entire community as there is very little understanding of the socio-political history of the Gorkhas in the power corridors of Delhi. There is a story about a national leader who had visited Darjeeling some years ago and after seeing so many people with the trademark Dhaka Topi, speaking in Nepali, he supposedly remarked to his aide “Itney saarey Nepali kahaan se aa gaye yahaan” (where did so many Nepalese come from). Such is the tragedy of the Gorkhas and we must accept it as our collective failure that even after 72 years of independence, our fellow citizens and the country’s leaders do not know who we are.

It shows that we have not been able to tell our story to the people in power and the nation at large. The NRC process could be a chance to make sure that the Gorkhas are given their due as one of the original inhabitants of the nation. Given the history and contribution of the Gorkhas in the process of nation-building, it is pertinent to demand that the Gorkhas are not denied their right to belong and identity as proud citizens of India.

Together, we must approach the government to ensure that the Gorkha community, irrespective of where they live, are protected under the NRC process.

This article was originally published here.

The post NRC Issue: The Indian Gorkha Perspective appeared first on The Darjeeling Chronicle.

Absolutely clueless about the History of Darjeeling hills, Terai and Dooars on August 17, West Bengal tourism minister Gautam Deb addressed a press conference at Mirik in Darjeeling. Exuding his obvious concern for the Gorkhas and the National Register of Citizens (NRC) issue, he said, “If NRC is implemented in the Darjeeling hills, the hills will become empty, out of 15 Lakh people there will be no one to live there. Most Gorkha brothers and sisters and senior citizens they will be driven out from Darjeeling hills, both Darjeeling and Kalimpong, including Kurseong and this Mirik [sic].”

In doing so, he opened a can of political worms, which has haunted the Gorkhas ever since Independence. Indirectly, Deb claimed that if NRC is implemented then almost all Darjeeling Hill residents will be forced to leave the hills. The minister perhaps thinks or believes that the Gorkhas here are ‘outsiders.’ This notion of Gorkhas being ‘outsiders’ is also very prevalent among those who are clueless about the history of our region.

I am taking this as a perfect opportunity to educate Deb and those who are clueless about Gorkha history in Darjeeling hills, Terai and Dooars. History teaches us is that this region was never a part of West Bengal.

Here are the basic truths:

1642: A pivotal year

History of Darjeeling hills, Terai and Dooars shows that this region was never a part of the Indian mainland, but rather, it was a hotly contested geographical area between the three traditional kingdoms of Sikkim, Bhutan, Tibet and Nepal. There were local clans like the Limbus, Lepchas, Rajbanshis, Rai, Mangar and many others who lived here before the British came.

The year 1642 holds an important place in the history of the region, as it was the year when the first Chogyal (ruler/king) of Sikkim, Phuntshog Namgyal, was enthroned and the Kingdom of Sikkim as we knew it till 1975 was established.

But the establishment of a Bhutia kingdom towards the east did not sit well with the ethnic Mangars and Limbus of the present day, leading to multiple wars that broke with the newly established kingdom.

The king — Phuntshog Namgyal — realising that it would be difficult for a newly formed kingdom to sustain a prolonged war, sought for, and won truce with the ethnic tribes of the region, which led to the signing of a pact called Lho-Mon-Tsong-sum (lho-Bhutias, Men-Lepchas, Tsong-Limbus, and sum-three), thus laying the foundation for the Bhutia-Lepcha-Limbu trinity in Sikkim.

What’s most significant to note here is that the Limbus, Lepchas and the Mangars, who now constitute a large part of the “Gorkhali” population living in the region even before the formation of the Kingdom of Sikkim.

1777: Gorkhas take control of the region

The next important year in the history of the region was 1707. By then Bhutan had already conquered and retreated from most of the kingdom of Sikkim, other than the lands to the east of river Teesta – what we today know as Kalimpong.

By the year 1750, the Gorkhalis in the west had become emboldened and they had started to attack the kingdom of Sikkim with impunity and in 1777 they had appropriated the Kingdom of Sikkim, which forced the then Chogyal Tenzing Namgyal to flee from his capital Rabdentse to Lhasa where he eventually died in 1780.

The Chogyal’s son tried to regain his kingdom with the help from his Tibetan supporters but was defeated, subsequent wars led to the ruining of the capital of ancient Sikkim – Rabdentse and the ruins of which can still be seen near Pelling in Sikkim.

This is an important juncture in the history of the region, as it clearly shows that the Gorkhalis had in fact conquered the present-day Darjeeling region and just like any conquering forces, the Gorkhali population began to grow in the region with the passing of time. The Gorkhali presence as being ethnic to the region has already been proven in the form of Lepchas, Mangars and the Limbus and to say that the rest of the Gorkhalis are/were immigrants in the region would be akin to calling the then transitive population of India to be immigrants.

The British takeover of Darjeeling

The year 1816 is yet another important date in its history. It was the year in which following a long series of battles, the Gorkhalis lost Kumaon, Garhwal and Sikkim (which included Darjeeling) and most of the Terai region to the British through the Treaty of Sagauli.

The British in turn handed the reins of Sikkim once again to the Chogyal but with some conditions, which in particular included a clause, which would give the British the right to interfere in the affairs of the Kingdom of Sikkim, thus a treaty to that effect was signed by both the parties and that treaty is today known as the Treaty of Titaliya – 1817.

One of the significant outcomes of this treaty for Darjeeling is that the Chogyal of Sikkim allowed the British to use the area known as Darjeeling as a sanatorium in the year 1835.

Even though the Chogyal had only allowed the British to use the areas in and around what is today Darjeeling town, the British took the lands to the west of Teesta and the east of Mechi – the present-day Darjeeling region for their use in return for a nominal tribute (Rs 3,000 per annum) to be paid by the British.

By the year 1866, the British had annexed the present day of Kalimpong and Dooars from Bhutan following the defeat of Bhutan in the Anglo-Bhutan war of 1865. They then added this newly annexed area to the existing Darjeeling region and formed a formal district.

Non-regulation area

Given the fact that this new area was unlike any other, the British designated the area as a “non-regulation area”, which meant that any act or regulation passed in the rest of India, would not come into force in the Darjeeling region unless they were specially extended to it. In 1919, the Government of India Act formed the Legislative Council. Darjeeling was not required to send any member to it. The district was excluded and declared a backward tract and the administration was under the governor-in-council.

The only connection, Darjeeling region had to Bengal in those days was that the governor of Bengal presidency also acted as the governor for the Darjeeling region. It is evident from the fact that any Act passed by the Bengal government, which automatically extended to the whole of Bengal, would not apply to Darjeeling indicating that the Darjeeling region was never a part of Bengal.

Exactly 100 years after taking control of the Darjeeling region, the British government passed an Act in 1935 requiring the three hill subdivisions to send a representative to Bengal’s Legislative Assembly for administrative ease and Dambarsingh Gurung (a Gorkhali) became Darjeeling’s first MLA to Bengal and that is how Darjeeling was now pushed into Bengal; merely for administrative ease by the British.

The deprivation

The people of Darjeeling, Dooars and Terai region are predominantly ethnic Gorkhalis, who do not share any linguistic, cultural or traditional affinity to the rest of Bengal. This has resulted in a large-scale deprivation of ethnic local communities such as the Gorkhalis, Rajbanshis, Toto, Meche.

CPI (M) after coming to power in 1979 institutionalised the practice of importing ‘vote bank’ from Bangladesh, which in turn allowed them to rule over Bengal for over 34 years. TMC has also continued with this practice, today leading to people like Gautam Deb, who by his own admission, comes from a ‘refugee family’, to claim the hills will be empty if NRC is implemented.

Exposed malice?

Following the comment by Deb, there was widespread outrage in the hills, but could there be a grain of truth hidden in his statement?

After the NRC fiasco exploded in Assam, people from all walks of life have rushed to check their documents and get their papers in order. But those who went to the district magistrate’s office in Darjeeling to get a copy of the electoral roll were told that the DM office doesn’t have any electoral records prior to 1999. Apparently, people will now have to travel to West Bengal State Archives in Kolkata to get a hold of the older copies of voters roll.

It is a hassle as well as harassment.

Will, the Gorkhas, overcome this malice? Of course, we will. History of Darjeeling shows, we always have.

This article was originally posted here.

The post History of Darjeeling Shows We were Never Part of Bengal appeared first on The Darjeeling Chronicle.

We are well aware that the election in Bengal is nearing and your party is concerned with its present position. If the recently concluded Parliamentary elections are any indicator to the patterns of voting in Bengal your party is in a very slippery ground which is making you lose your sanity and thereby make such irresponsible and condemnable statement. It is your good luck that Bimal Gurung is absent from the political scenario of the hills. Had he been there today have you dared to make such a statement?

All the opportunists and betrayers, who you think will lend you support and strength and have probably clapped to make you happy when you uttered such a lie are only a symbol of your desperation. As you very well know that these people are incapable of winning even in their municipality ward against the candidate supported by Bimal Gurung.

As for the NRC, we do not fear it and have no reason to fear it. We are legitimate citizens of India.

Only the illegitimate citizens who have crossed the border illegitimately in the cover of the dark, and are plenty in the rank and file of your party have reasons to fear the NRC.

For once tell me honestly are you opposing the NRC, because the Gorkhas will be deported to Nepal and you feel for them? Or are you opposing NRC because you fear that half of your party cadres and supporters will be found to have crossed the Indian border illegally which will ensure the annihilation of your party in one strike? But I have to concede that you are very clever Mr Gautam Deb. To save your skin from the impact of NRC, you are using us as the bait and unfortunately, the dumb politicians of hills believe your narrative that Gorkhas are in grave danger and also make rounds of Assam. Or maybe I am too naive to understand their motives, motives which have already betrayed the aspiration of the people for the sake of a few dollars.

Mr Gautam Deb, this table given below is to educate you and to illustrate my earlier point that we do not have any reasons to fear NRC. The table shows that the hill population which was predominantly made up by the Gorkha people had always been greater than that of the plains. But by the 1971 census, you see that the plains population starts to grow and for your kind information this is the time that North Bengal and Darjeeling District witnessed the influx of illegal Bangladeshi immigrants, who are most central and significant for the growth of your party. If NRC is implemented in Bengal they are the one who will be most vulnerable to eviction by the Indian state and therefore your effort to stop the implementation of NRC. You do not have goodwill for us, if you had any then your party and the state ruled by you would not have committed so much of atrocities against the innocent Gorkha population in 2017.

Mr Gautam Deb, you may argue against me saying many among us have come from Nepal. Yes, there may be but you should remember that they are as legal as any Indian citizens. They are entitled to enjoy all the benefits of the Indian citizens except the voting rights as granted by the Indo Nepal Friendship Treaty of 1950. Further, let me tell you that our politics is based on the value of Indianess. We are demanding the separate state of Gorkhaland based on the cultural and linguistic differences with you and your people and to legitimately establish this difference, we during the agitation in the 1980s demanded the abrogation the 1950 Treaty. If we were illegal do you think that we would be demanding such a thing?

Finally, for a moment Mr Gautam Deb lets imagine what you are saying is true. We are not scared of being deported. Therefore, you should relax and facilitate the smooth implementation of the NRC. But we know that your intentions are different. You only want to save your colonial cousins who have crossed the borders without papers. You want actors from Bangladesh to come and campaign for your party. You do not want our welfare and betterment. If you are so concerned for us kindly withdraw all the false cases that have been charged against the very people for whom you are shedding crocodile tears. If you are concerned for us then kindly negotiate and work towards fulfilling our century-old demand. If Gorkhaland is created you will never have to trouble yourself of coming to the cold climates of the hills to tell us what danger is lurking on us. We are capable of handling all the dangers that confront us. We know our politics and your politics. We are not going to fall prey to your evil designs The General Secretary of GJM in a recently circulated video says “we have not crossed the border illegally but the border have crossed us.”

Therefore whatever effort you make to create obstacles for the implementation of NRC we are going to make sure that it is implemented in Bengal and all the illegal migrants, the strength of your party is evicted from our land.

Regards,
Dr Binu Sundas*

[* Dr Binu Sundas is an Asst. Professor of Sociology at Miranda House, Delhi University]

The post Open Letter to TMC Leader Gautam Deb appeared first on The Darjeeling Chronicle.

Here is the full press release…

Yesterday, I met with Hon’ble Chief Minister of Assam, Shri Sarbanda Sonowal ji to discuss the ongoing issues surrounding the exclusion of Gorkhas from the published NRC list on the 31^st August. I was accompanied by Darjeeling MLA Shri Neeraj Zimba ji for the meeting.

The NRC issue is very complex and complicated, only those who are facing an uncertain future due to their names being left out of the NRC Roll know the real extent of their sufferings. I met with those families whose names have been left out, and participated in the ‘Jaatiya Chintan Sabha’ with the representatives of All Assam Gorkha Students Union (AAGSU), Assam Gorkha Sammelan, Assam Nepali Sahitya Sammelan and Bharatiya Gorkha Parisangh (Assam) and various other intellectuals and prominent social activists from Assam to extend my solidarity and support.

One of the best aspects of this NRC related issue is that all the Gorkha Organizations and prominent individuals are together, willing to help our people. I congratulate them, and thank them for this much needed solidarity in these difficult times.

I listened to the issues and problems facing people from across Assam.

In the milieu, we often tend to overlook the basic fact that Gorkhas have a very rich history in Assam, and they have contributed immensely towards Assamese socio-culture, economics and politics.

When the first census was conducted in 1872, there were 1635 Gorkhas in Assam, from 1919-1920 grazing tax was the highest in Assam, an amount of 2.77 Lakh tax collection from grazing in 1919-20 is a massive amount. Most of the grazers were Gorkhas. In 1921 ChabilalUpadhay ji was the founder Chairman of Congress in Assam Pradesh Congress Committee.

Assamese Gorkhas are born in this great land and have made huge contributions during the freedom struggle of India, including the greats Ananthalal Sarma, Chabilal Upadhaya, Bhakta Bahadur Pradhan, Dalbir Singh Lohar among others.

In 1947 when the Tribal Belt and Block was formed, the Gorkha cultivators were included under the Protected Class.

In 1945-46 T.B Pradhan ji had donated Rs 20,000 towards the establishment of Guwahati University. He had also donated Rs 25,000 donation towards the establishment of Dibrigarh University in 1965.

Even during the Assam Agitation, Baijayanti Devi from Chandmari, Sonitpur – a Gorkha lady had become the first female martyr of the agitation in 1979.

Others including Padma Bahadur Chetry, Kul Bahadur, Rudra Mohan Rai, TulshiSarma, Harendra Sarma, and Dhan Bahadur Chetry made the supreme sacrifice along with hundreds of others from across Assam while protesting against ‘illegal immigration’ in the state. Among the names that have been left out are prominent figures like Manju Devi, the granddaughter of the great Gorkha freedom fighter, Chabilal Upadhyay. Even family members of Baijayanti Devi have been left out of the NRC roll.

I met Hon’ble CM of Assam Sarbanada Sonowal ji to discuss all these issues.I also requested him to include Gorkhas as Original Inhabitants of Assam so that they won’t have to face any problem in the future. I also requested him to issue a No Objection Certificate from the Government of Assam for the inclusion of 11 left out Gorkha community as Scheduled Tribes.

Hon’ble CM assured me that the Gorkha community have no need to worry, even if some names have been left out. He specifically emphasized that the government considers Gorkhas as Assamese people, and told MP Bista there is no need to keep referring them to as Gorkhas. He said that the Gorkhas are an integral and inalienable part of the Assamese community.

He also informed me that NRC process is being conducted under the monitoring of Hon’ble Supreme Court of India, and that the State as well as Central Government have no involvement in the process. Chief Minister Sonowal shared his confidence that by the end of the NRC process, all genuine Assamese people will find their names in the list. He said that once the NRC Process is completed, the Assam Government will take the decisions that are in favor of the people of Assam.

He reiterated that the Government of Assam won’t let any Gorkha be harmed.

From my perspective it was a very fruitful visit and meeting.

I once again reiterate my solidarity and support with Gorkhas in Assam, and assure them that they are not alone. All the Gorkhas across India stand in solidarity with them.

The post Assam NRC – CM Sonowal Assures Darjeeling MP Led Delegation on Gorkhas appeared first on The Darjeeling Chronicle.

An atmosphere of dubiety seems to have taken over the hills ever since the announcement that once BJP forms government at the center it will Implement National Register of Citizens (NRC) throughout India. People are muddled about how NRC will affect the Indian Gorkhas in real time. Contrary to the popular belief, NRC will have a definite impact on the Indian Gorkhas unless certain conditions and safeguards are met. Here in this small write up I will try and dissect NRC from a political neutral viewpoint bringing out only those facts that are related to NRC along with its implications on the Indian Gorkhas once implemented.

What is NRC?

The National Register of Citizens is a register containing the names of all the genuine Indian citizens, it was first prepared in 1951 for Assam. NRC draws its power from the Citizenship Act of 1955 and the Rules framed therein. The main objective of preparing the register is to identify illegal immigrants as foreigners and deport them back to their countries.

Issues Related with NRC

(1) The Question of Immunity

After the publication of the first draft of NRC in Assam last year about 40 lakh people were identified as illegal migrants and were excluded from NRC for various reasons, including some 1,50,000 Gorkhas, despite the fact that BJP had promised that Gorkhas living in Assam would not be excluded. Amit Shah recently made a similar promise from Kalimpong that the Gorkhas living in Darjeeling Hills will not be excluded from NRC. With BJPs protracted and strained history of breaking the Gorkhas trust and faith, only time will tell if he is really going to walk the talk this time.

Once excluded from NRC, the person ceases to be a citizen of India. He will no longer be entitled to the rights guaranteed to an Indian Citizen under the constitution and law including the right to vote. The implementation of NRC should not be taken daintily, it is an issue of profound importance with far-reaching consequence as the fate and citizenship rights of lakh of India Gorkhas is at stake here. Immunity, therefore, becomes a matter of paramount concern for all the Indian Gorkhas.

The question now arises as to why about 1,50,000 Indian Gorkhas were excluded from the register in Assam (similar exclusion can happen in Darjeeling) despite the fact that NDA government had assured them that Gorkhas living in Assam will not be touched by NRC. The answer to this question lies in the Citizenship Act of 1955.

It should be noted that NRC draws its power and authority from the Citizenship Act of 1955, therefore, any question of Immunity can only be granted through an act of Parliament by amending the Citizenship Act . Verbal assurances given at the time of the election in the election manifesto, which itself has no legal support is inutile.

The NDA Government had brought a Bill i.e. Citizenship Amendment Bill 2016 which had granted immunity from being declared an illegal immigrant to persons belonging to Hindus, Buddhist, Jains, and Sikhs coming from Bangladesh and Pakistan, however, the said Bill did not mention Indian Gorkhas.  To add insult to injury the Bill did not see the light of the day and died its natural death in the Rajya Sabha. For an Ordinary Bill to be passed into a law it has to be passed by both the houses of the parliament with a simple majority. BJP led NDA still does not have the required numbers in the Rajya Sabha. Although it commands an absolute majority in the Lok Sabha it is still a minority in the Rajya Sabha. Rajya Sabha is BJPs Achilles Heel. This is the reason why the names of thousands of Indian Gorkhas living in Assam were struck of the National  Register on some flimsy grounds. Despite lofty promises being made the promises were not backed by law. As the commitment lacked legal support it could not be implemented therefore the fate and citizenship rights of thousands of Indian Gorkhas living in Assam still hangs in limbo.

A similar situation is brewing up in Darjeeling, only verbal assurances have been given by the party president. The Bill as it stands today, still does not specifically mention ” Indian Gorkhas”. Even if somehow the party manages to include Indian Gorkhas in the Citizenship Amendment Bill, there is no guarantee that the Bill will pass as BJP is a minority in Rajya Sabha and does not command enough support to pass an Ordinary  Bill in one go. Therefore implementing NRC in Darjeeling without specific legal immunity to the INDIAN GORKHAS is suicidal.

(2) Documentation and related matters

It has been found that the names of many persons in Assam were dropped from the draft NRC only because of minor differences in the spellings of Bengali names into English in different documents.  Several instances were encountered where a single letter variation, for example, “Omar” and “Onar”, was enough to rule that a person was a foreigner. I now ask how many of us in Darjeeling are not facing similar problems? How many of us have all their and the names of their family members correctly spelled in all their documents? To be honest I don’t. If that be the case my name along with the names of my family members will be struck off the NRC if implemented.

Likewise the rural unlettered are typically vague about their date of birth. A person could be excluded from the register if he/she told the NRC tribunal 40 when the documents recorded to be 42.

Rural uneducated women are especially in danger of exclusion from the citizenship register.  Most of them have no birth certificates, are not sent to schools and are married before they become adults, therefore, by the time their names first appear in the voters list these are in a different village where they live after marriage, which is different from those of their parents. They are told by the NRC tribunal that they have no documents to prove that they are indeed the children of the people they claim are their parents. There were cases in ASSAM of being excluded from the citizenship register on this ground alone.

(3) Opaque Process

NRC empowers the Assam police to identify anyone it suspects as foreigners and illegal migrants. How many of us can repose 100% faith and vouch that the police force works with impeccable integrity? If the police are granted such wide powers don’t you think that such power can be abused? Anyone can be picked up by the police on flimsy ground and be declared a foreigner anytime.

The police have also been empowered to refer the cases to a Foreigners Tribunal(FT). It has been alleged that the Tribunals are not presided by judges but by lawyers and in some cases by persons with no legal knowledge, who were appointed by the party.

Moreover, it has also been alleged that the police and the presiding officers in FTs( foreigners tribunal ) work just to fulfill the targets that are set by the party and not to dispense justice.

Not to mention the enormous amount of money one needs to spend fighting these legal cases in the Tribunals proving ones citizenship once declared a foreigner or an illegal migrant under NRC.

(4) The Question of Double Jeopardy

Article 20(2) of the constitution guarantees to every citizen the right not to be prosecuted and punished for the same offense more than once as a fundamental Right. But this principle has been waived off for Foreigners Tribunals(FT). It has been found that even after an FT had confirmed a citizen of India another FT and at times the same FT can again send notice to the same person to prove his citizenship once again. This is a direct violation of Article 20(2) as guaranteed by the constitution of India.

With the entire burden of proving citizenship on one’s shoulders and the arbitrary and opaque multiple forums to which one will be summoned, people deprived of education and resource will be caught in a maze of bureaucratic red tape from which they will find it hard to emerge. There are indeed few parallels in the world where the state itself produces statelessness on the scale and manner that it is doing in Assam and soon in the Hill areas of Darjeeling. Political parties advocating NRC in Darjeeling should exercise caution and do so only after an in-depth analysis of ground realities, after taking into confidence all the stakeholder without which the future and Citizenship Rights of thousands of Indian Gorkhas living in the area could be jeopardized once and for all.

Writes: Phinjo Wangyal Gurung

The post Understanding NRC: A Politically Neutral Perspective appeared first on The Darjeeling Chronicle.

Modi, the matador of the 2019 Citizen Bill

Taking a strong stand against illegal infiltrators, PM Modi literally caught the bull by its horns by bringing up the controversial Citizenship Amendment Bill. Same was done by BJP President Amit Shah in Kalimpong.

Every issue has a history. In 1947, the Partition was executed with a one-point agenda-creating a separate Islamic Republic for Muslims. The entire Punjab region in the northwest was divided between India and Pakistan–leading to polarisation of non-Muslims and Muslims. The same exercise divided Bengal into West Bengal and East Pakistan. While the northern border turned into a turbulent LOC, the Eastern side went on to a war in 1971 with East Pakistan emerging as Bangladesh – an independent Muslim nation. Contrary to the Indian northwest border infiltrated by mostly terrorists, the eastern border has been crossed by millions of Bangladeshi refugees.

According to Modi, after Pakistan was formed in the name of Islam, non-Muslims were persecuted to leave their homes and take shelter in India.

He is right on that front, as countless people had to leave their homes, not only from the country-side, but even from cities like Rawalpindi, Peshawar and Lahore, and move penniless to India undergoing a harrowing journey through looters and rioters.

Modi further assured that the sentiments of the Assamese people would be taken care of before introducing the Bill so that no one is hurt.

Just a reminder to readers, the Citizen Bill 2019 applies to citizens from Bangladesh, Pakistan and Afghanistan (all Islamic nations) who had to leave because of religious persecution post 1971. They include Hindus, Sikhs, Jains, Parsis and Christians who entered India before December 31, 2014.

Modi’s thrust on the NRC and now the Citizenship Amendment Bill has been opposed vehemently by Didi B, with a quote as reported “Who are they (BJP) to decide…they excluded Gorkhas, Muslims, Bengalis, Hindus, Biharis…” Earlier when the bill was published in July last year, she had raised a hue and cry accusing BJP of being “anti-Bengali”. Wish her statements made more sense than mere fits of rebellion, sometimes off-track.

Double Moon in Asansol

Tollywood actress and TMC MP, Mun-Mun Sen (Sorry Moon Moon) has been shifted from Bankura to Asansol to pitch her might against BJP’s Babul Supriyo. The lady believes that she can repeat her performance of the 2014 elections when she grandly defeated the nine-time Left MP Basudev Acharjee. But sadly after the confidence showed by Bankura voters, Moon Moon’s performance there has been as poor as her film career. She did little work for the district and rarely visited too.

Her plans for Asansol include planting a lot of trees to curb the pollution. She will need to get more scientific than that to tackle the seriousness of industrial pollution. Besides, Moon Moon, your trees would need fifteen years or more to grow big enough to purify the air.  

Fruits for monkeys in Mathura

BJP candidate Bollywood actress Hema Malini has an idea to curb the monkey menace in Mathura-Brindavan. Anyone who has visited the birthplace and childhood home of Lord Krishna would be familiar with the abundance of simians. I had my spectacles whisked off my face by one, who then sat atop a tall building chewing the handle of my second eyes. Thereafter, a man came by and offered some fruits to it. The creature swung down a la Tarzan-style, dropped my specs, picked up the fruit and went back to his perch. Of course, the man who saved my eyes was handsomely rewarded.

I had a sneaky feeling that the man had trained the creature and the two had an act going. 

Now hear this, Hemaji’s solution to the problem is to offer fruits to the monkeys not Frootis and samosas! Arrey Hemaji, even if we offer fruits, the monkeys will still continue to stalk and snatch.

Radhey, Radhey!

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