LDC controversy- Between the devil and the deep blue sea

KalimNews: It is not the importance of the Lepcha event, whatever, on September 3 in Kalimpong, the West Bengal CM is programmed visiting to accept from the Lepchas bestowing on her the title of Kingtsoom Dartim or Bhagya Vidhata (bestower of good fortune). This may have been a felicitatous occasion under normal times, but normal times have not been existing since the year 1986 – 2013, as the separate state demand outside West Bengal has been the seconds/minutes/hours/days/years of standing ….still without rest. 

Quite confident that deliverance will come in time now that the legal rights to the land has been properly placed at the highest authority, the Centre. The hill political unit GJM President Bimal Gurung has already placed the demand publicly expressing so from Deolo Hill in Kalimpong, wherein the main agenda of the draft proposal was for an interim arrangement till 31.12.2011 after repealing the Darjeeling Gorkha Hill Council Act 1988. Herein the actual contents of the quote “This interim arrangement is without prejudice, affect, alter or diminish in any manner whatsoever to the legitimate demand of the people of the region for the creation of a separate state of Gorkhaland under Article 3 of the Indian Constitution”. Thus was the foreword to the draft proposal for an ‘interim arrangement’ (now GTA-2011) for the time being pending the fulfillment of the demand for a state. 

Citing a few paragraphs of the DRAFT ONLY (pg.1) -Interim arrangement after repeal of the Darjeeling Gorkha Hill Council Act-1988 – Principles: under definitions, quote “Constitution shall mean the Constitution of India”; “region” shall mean the region of Darjeeling District and Dooars as enunciated in the demand for Gorkhaland and delineated in the map submitted by the Gorkha Jan Mukti Morcha; “interim authority” shall mean the interim system of self-governance to be put in place in the interim period valid upto 31.12.2011.

In sequence of the fact also mentioned in the draft proposal is - 1. Declaration: 2. Name: The name of the interim authority shall be The Gorkhaland Regional Authority or Darjeeling & Duars Regional Authority. (Note: This program i.e. GTA is already functional and requires to be kept alive till the time the inevitable statehood demand is a reality). 3. Before the formation of the interim authority ALL THE GORKHAS must be declared SCHEDULED TRIBES to preserve the unique cultural heritage, tradition and ethnicity of the GORKHA community as a whole. 

The above items are specific from the point of view in considering the demand is apt and fitting and abled for effective implementation under the specific Articles of the Constitution which provide the articulation of the same i.e. Art 244(1) applicable to Darjeeling District and the Dooars of Jalpaiguri District and which Article is enshrined in the provisions of the Fifth Schedule (Scheduled Area & Scheduled Tribes) programmed in such a manner that direct statehood is implied provided the Article fulfills both the criteria of its roots which deliver the fruit of statehood. 

Though the District has the right to demand a State (Art.3) the legal right is still to be implemented as the same (Scheduled Area) is not available at the moment. Therefore till this legality is participatory in time, which seems very soon now, is surely to come about after Census 2011 is published. That is, the quest for ‘Scheduled Area’ recognition alone provides the legality in demanding, the right to self-determination (for all the hill peoples of Darjeeling District as the hill tribes of the Himalayas Census 1931, wherein the list contained 26 nos of communities). Infact it is this identity which will eventually garner the claim with the District as a ‘Scheduled Area’ which seems an inevitable event ensuring the statehood demand will automatically be placed genuinely, rightly and above all legally within the guarantee of the Constitution itself. The state of Gorkhaland is therefore a certainty and not an illusionary demand or a dream if you will. 

Presently it is seen that the monsoon session of Parliament may confirm this at any moment. That is, listing many of the ‘hill tribes of the Himalayas’ Census 1931, (presumed delisted in census 1941 -2001) would once again be listed in Census 2011. There is no question of doubt that Census 2011 would include many left out constellation of hill tribes initially in Sikkim thereafter followed by Darjeeling District and (possibly in the Dooars) of Jalpaiguri District. In completion of this 2011 Census and its impact there are two distinct possibilities resulting in application and effective implementation (i) UT/State of Darjeeling District, and the other possibility (ii) UT/State for Darjeeling District & the Duars (outside of Jalpaiguri District). Both the formalities are based on legal understanding and not without. There is a distinct possibility, when the legal rights are in place, in completion of either I & ii would necessitate Parliamentary sanction in the form of considering a State Reorganisation Commission (SRC). This is for the simple reason in the former case (a). Siliguri subdivision requires to be placed squarely into GTA in completing Darjeeling District administration into a unit. The other season for SRC is above (b) to place Siliguri subdivision along with the Dooars (11 nos) into the demand in the map of UT/State Darjeeling & Duars. These are constitutional probabilities which are designed within the framework of the Constitution and not without. Only the implementation aspect is now to be considered. 

The above facts and schemes of the Constitution are cited to elaborate the present agitation now in the hands of the students and children for whom the bell tolls, i.e. the demand for a State, is quite in synchronization with the agitation considered as placed by the stakeholders themselves – students and children of all the hill peoples of Darjeeling District. Whether the agitation is effective in the Dooars or not is not the question for the moment as the territorial program of the new UT/State is deliberated above, will be decided by the SRC, provided initially by formalizing the District as Scheduled Area (as well as the Dooars also formalised as a Scheduled Area within Jalpaiguri District). 

The above deliberations are based on firm legal aspects in relation to the Constitution of India and also in sync with the GJM demand addressed to the Centre dated 18/02/2010. The agitation at the moment is therefore non political and considered as the demand of the am Janta for the simple reason that state formation is above law (not to mention exclusive of political units) and to be formally demanded by the affected all the hill peoples themselves including as already mentioned the students and children themselves who are the eventual stakeholders and whose future is at stake if the demand is incomplete. To cite an analogy is the example of Telangana which demand is more or less assured, wherein the agitation was chiefly spearheaded by the student community followed by the other concerned members of the society. 

However there too, it requires to be noted that Telangana demand is based on the constitutional aspects of the Scheduled Area (of Telangana) of the Fifth Schedule which is primarily the legality which ensured its ultimate implementation.

In consideration of the above precedential features as the face of the statehood demand and the ongoing agitation and now by the students and children crying out on the streets is surely a distinct sign, whether justified or not, that all concerned relevant to the issue require to observe this matter in a wider light, particularly gleaning into the constitutional legality as stated above and not turn it into a political drama which the visit of the CM to Kalimpong to accept the honour bestowed on her by the Lepcha community, seems inopportune and therefore, rightly or wrongly, delivered to the stakeholders as inflicting another message then the perspective right. It is therefore more appropriate (provided this suggestion is not taken otherwise) with an eye gleaning at the wisdom at the moment, to decide an alternative option of her visit for the proper time and occasion. This is in full consideration of the fact that she will realise this suggestion is more for the preservation of her well being and dignity, than otherwise. 

The present situation if looked at it from the above construction is tinged with passion and emotion which require to be cooled down by fanning in cool breeze than any other means whatever which maybe inappropriate at this juncture. Above all, political tinkering will surely not open the lock as the key is already with the people now. The situation now is cited in context to: between the devil and the deep blue sea, hence the occasion demands another path than the main route considered for the travel - to a peaceful solution at the end of the day. 

Miss Banerjee is an important leader not only in West Bengal but well respected in rest of India. With this frame in mind she requires to place the picture in a wider frame than only within Kalimpong subdivision would belittle her state/national image. This realisation is incomplete in consideration of the fact, the statehood demand is already provided with a constitutional guarantee (Fifth Schedule) which the State cannot deny at all. If this statement is considered otherwise surely another statement from the State Govt. (Minister in Charge of Backward Classes Welfare Department, Writers’ Building, Kolkata-700001, Govt. of West Bengal) the proper authority may come out clean in providing the true details which may initiate a proper action on part of the govt. than that believed to be confrontational. The intelligentsia of the State within the govt. are urged to leave aside party ideology and consider the present agitation in the hills is for internal self-determination as per the constitutional norms and not otherwise to befriend the State and the majority population who too are believed to be unaware of the ground realities and therefore require to be sensitised with the true facts an figures in line with the constitutional undertakings. This is suggested as the middle path and for the well being of all concerned as Indians without any divide within the State. After all needless to reconfirm, the Constitution writ is above all law and reason should prevail with this hindsight in mind for the moment as well as for the future – generations to come.

[The author is Hillman-The Analyst alias Karma T. Pempahishey, author of “Roadmap on the Trail to Gorkhaland (Partially Excluded Area -The Constitutional Guarantee)]”