Are Gorkhas immigrant? -Response from Hillman "The Analyst " (Share this article to show who we are) In an article titled ‘Enter the Scythe’ Mamta picks a risky question of nationality by Dola Mitra in the Outlook Magazine (September 2013). Hillman the analyst responds to it. Dola Mitra has picked up the wrong subject for an article particularly when citing the word Scythe which meaning, it is doubtful, whether the writer is able to etymologically explain, in fact decipher. As this writer understands the word is historically entwined in the socio-cultural and political understanding of Northwest, North and to a certain extent Northeast India. In the middle ages the Kushan King Kanishka 2nd Century AD happened to be a Saka King whence the Saka era (the origin of which is reckoned from March 3, 78 AD) began. Kanishka was from the Uche tribe in the Tarim basin (presently the Sinkiang Province of China). His tribe was continuously displaced to the southern regions by their more powerful neighbours from the Northeast as a result of which the ancestors of Kanishka finally came down and settled in the Punjab with the capital at Sialkot. In time he ruled over entire North India and extending to the Northwest regions beyond the Indus. He also held the fourth Buddhist Council under Ashvaghosa however this Council was not recognised by the southern Theraveda Buddhists. The word Saka corresponds to Scythian in a western historical concept, where too a branch of the Sakas migrated and occupied northern west Asia. It is also given to understand that the Sakas are identified as the Sakyas to which clan Buddha’s father belonged, whereas his mother was from the Koliyan tribe. Considering these backgrounds of the racial history of the Scythes (Sythians) to suggest that these people are immigrants in present day political history of India is certainly not the reality. Infact these people contributed towards making Jambudipa what India is today. Dola Mitra should find her own roots in the name Mitra (Mitraism) who were probably Indo-Persians migrated to India with the immigrant hordes of Hellenistic chariot riders. Therefore to even subtly suggest the Scythe background of immigrants from Nepal is politically inadequate considering since immemorial the country of Nepal or at least the Katmandu valley (Nipolo to the Chinese) has contributed immensely in the development of the cultural history of Bharat, where infact was the region the Mahabharata wars were fought. Kathmandu valley was visited by Ashoka the Great whose archeological remnants are still extant. Legend exists that his daughter married a local prince and settled in the valley. With this past history to even consider Nepali migrants into India as aliens would be totally out of context and accordingly the entire borders between the two countries remain as if none exist. The Indo-Nepal Treaty of Friendship 1950 no doubt speaks this language. This is not to state the fact that probably the largest percentage of Nepalese population are ethnic Indian mostly from the southern plains, and who now form the ruling class as well as the upper echelon creamy layer of the Nepalese hierarchy. This has caused an immediate problem in conducting the draft of the constitution which requires to be based primarily on the legal rights of the national minorities (the indigenous tribes of Nepal). The high caste Indian ethnic Nepalese by being immigrant in nature are not able to elk out a living space despite the demographic advantage as the majority in population. Although the Gorkha kings who ruled the country since 1769 till the beginning of the century when the last Shah King was dethroned and the rule of the dynasty came to an abrupt end. However the country is still unable to draft a constitution as a republic is a sign that the majority immigrants population is the stumbling block in not allowing the indigenous people to set up a democratic republic is now glaring and under cloak and dagger in appearance. That aside, to consider the Nepali/Gorkhali/the tribes of Nepal are alien to Darjeeling District is a figment of imagination totally guided by opposing forces to disallow the people of the District to demand their right within the Indian Constitution to an internal self determination or a separate administrative body outside West Bengal. The demand has no relations to the allegation that it is planked by immigrants from Nepal when its history is tied up with that of India with the umbilical cord. This can only be cut when proper provisions are available otherwise the safety of the child is at risk. That beside, what requires to be acknowledged by the concerned readers is a fact that Darjeeling District on its own strength, since of the very inception of its creation as an administrative body (as ceded areas of Sikkim & Bhutan) have been preserved with its identity fully safeguarded, down the line till present times, guaranteed by the Constitution itself. In other words, the right to demand a State, with or without Gorkhaland, is significantly a legal demand and therefore genuine in all aspects of considerations. Therefore anybody alleging that the demand is reasoned on the basis of Nepali/Gorkhali migrants is unsustainable, and therefore only a ploy to derail the constitutional event which is bound to come at some point in time, after full constitutional formalities are observed. This is to remind one, of the fact, that, as of the moment the legal right of Darjeeling District to demand internal self rule is visibly absent (but not impossible to obtain) that is, the consideration of the District being determined as a ‘Scheduled Area’ the more important criteria of the Fifth Schedule (Scheduled Area & Scheduled Tribes). This requires to be introduced after completing the formality of including the additional list of Scheduled Tribes as per the list of STs in the States in the decadal population Census 2011. On account of which increment of ST population in Darjeeling District is thereby expected to be considered as a Scheduled Area. After this is effected then only the legal right to demand UT/State is ensured, without any doubt. This is related to the fact that Darjeeling District has already been provided as a member of the statutory Tribes Advisory Council (TAC) by the President of India under Para 1 Rule 4 of the Fifth Schedule, thus guaranteeing the inhabitants of the District, to be administered ‘as if’ it is outside the State. Infact not only Darjeeling District but the entire North Bengal Districts are under the purview of the Schedule. The North Bengal Districts were completely out of bounds for foreigners till as recently as 1990 under the inner Line Permit regime which was first introduced as Bengal Eastern Frontier Regulation (line system known as Inner Line) in 1873. The title of the Regulation itself suggests that these areas mentioned therein were outside the territorial boundary of the State. It is the sum total of these aspects which speaks volumes that the right of Darjeeling District (as well as the Dooars of Jalpaiguri District) are in themselves imbued with an inalienable right to safeguard the identity within the Indian domain. Therefore to assert the right to demand a State within the parameters of the Constitution as enunciated in the provisions of the Fifth Schedule is the legal right which the State nor the Centre can deny. Infact one is reminded to note specifically that the State has no legal right whatsoever, under the Govt. of India Act Absorbed Area (Laws) Act 1954 which clearly defines that Darjeeling District within the Fifth Schedule is directly under the President of India and neither under the State nor the Centre. Thus for the State to suggest not allowing the people of the District to their legal demand tantamounts to confrontation without the arms to wield the sword. On the contrary the State should come out magnanimously and deliver to the people of the District their constitutional rights, which years on end has been digressed by the majority people of the State. To allege the State demand is connected to outside forces or foreign countries is another ruse implied by the concerned parties to derail the legal demand which by itself being so, is least inflicted by any charges suggesting misdemeanors accounted by the present peoples agitation. Simply the might of the legal right is sufficient to place the demand and implement it too, does not require any outside assistance in whatever form or kind it maybe. The fact that the District is already provided by the Constitution itself by placing the statehood guarantee within the Fifth Schedule in the case of Darjeeling District, is alone sufficient to sail the tide with the breeze without resorting to paddled with oars. Therefore the claims by various sources alleging foreign hand in the Gorkhaland movement cannot be true and unacceptable on all counts. If any such allegations are proved to be true surely the Govt. of the day would have acted on it. In the same page of the internet, one Tarun Ganguly analyses the Indo-Nepal Treaty 1950 to determine as per his words “an Indian citizen of Nepali origin” is a stupid question to ask. For the simple reason that any citizen of India to declare so require to prove the identity by voters card is the litmus test and no further questions to be asked after that. However the perception exists that solely for the fact the voters name is in the electoral role does not exclude the fact that many migrants from neighbouring countries have registered the names in the electoral role by simply providing a ration card, which in India is the gateway to acquiring citizenship is no doubt the rule than an exception. Only when new measurable yardsticks are applied other than holding a ration card to obtain Indian citizenship, then illegal migrants will go on having an easy access to becoming an Indian citizen. Besides which it also requires to be noticed here that there is an Indian Citizenship Act prevailing at this moment of time. But needless to say this cumbersome process is hardly in use as quite unnecessary when citizenship is easily availed via media of the ration card which anybody can obtain with few hundred rupees, or at the most, few thousand rupees. Besides which provisions there are other accesses also available to the immigrants to acquire semblance of birthdates which are available adlib (of course after due payment) through school certificates, village Panchayat recommendations to the administrative officers, Municipality Commissioners, MLAs and MPs willing to attest various applications for vote bank politics. After all what is not available in India if the price is right. Ganguly further goes to cite Census 1931 for whatever reasons ensures out of this reference is anybody’s guess. Surely Census 1931 reference to Census 2013 after a lapse of 82 years is no indication to suggest any relation to citizenship. Is he completely sane in his mind is a question requiring an answer. If not let it remain rhetorical. The answer is already there for all to read. In this connection certain attributes of Citizenship Act of 1955 is produced briefly, (a) on or after the 26th day of January, 1950, but before the 1st day of July 1987 (b) on or after the 1st day of July 1987, but before the commencement of the Citizenship (Amendment) Act, 2003 and either of whose parents is a citizen of India at the time of his birth; (c) on or after the commencement of the Citizenship (Amendment) Act, 2003, where (i) both of his parents ate citizens of India or (ii) one of whose parents is a citizen of India and the other is not an illegal migrant at the time of his birth.
Posted on: Fri, 13 Sep 2013 01:31:32 +0000
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