Foreign hand in Darjeeling agitation- untrue allegation

KalimNews, Kalimpong 31 August 2013: Hillman the analyst writes an article in response to a story/news titled “Army intelligence sees foreign hand in Darjeeling agitation” by its correspondent Caesar Mandal published in http://timesofindia.indiatimes.com dated 20 August 2013. 
Whether his collection of inputs in structuring the composition is right or wrong is totally a different matter. however whatever references he quotes in assembling the punch line alleging Gorkhaland agitation with connection in Nepal (foreign hand) seems to be accounted for the fact citing Nikendra Gurung, Chairperson of Gorkhaland Committee Nepal protesting in front of the Indian Embassy in Kathmandu “we want a separate state of Gorkhaland in India. We want a distinct identity for Gorkhas (ethnic Nepalese) in India”. 

More than the context of the demand is entirely superfluous in context to the Indian Constitution as well as international understanding. This is accounted for the simple reason the Gorkhaland state demand does not infringe the Constitution as it is documentally cited in the memorandum placed by the political unit GJM to the Centre in 2008, wherein it is clearly mentioned the demand is placed under the legality of Article 3. 

This is translated in common language to mean Darjeeling District is already provided by a constitutional guarantee, the Fifth Schedule criteria’s, with the right to internal self determination, provided it is abled to fulfill the important criteria as a ‘Scheduled Area’. Only after which declaration and accord the context of the Scheduled Area applied to Darjeeling District allows the guarantee into legality in implementing a UT/State whichever constitutionally proper. The name Gorkhaland is only a magic wand to unite the constellation of the various hill tribes into a cohesion whole, maybe inconsiderably applied for political reasons, particularly for vote banks during elections. This is the historical implant of the implications of Gorkha/Gorkhaland and which tool has been used for self aggrandizement by political parties of all hues and colour. 

After all the general elections in the country, more often than naught is decided by the communal divide then other relevant and impacting issues. This is a reality which none can deny. 

The demonstration accounted for maligning the Gorkhaland issue in terms of foreign hand implications require to be analysed perspectively. First and more importantly, a question needs to be asked by all concerned, whether raising the issue in the Indian Embassy in Nepal at all suffices in considering the fact the demand originates in India within the legality of constitutional law (Article 3) which is relevant, alive and kicking and legally right as far as Darjeeling District is concerned. Therefore virtually speaking with this foresight in mind, raising the issue in Nepalese soil (Indian Embassy in Nepal) is perceptively construed as erroneous even under consideration of democratic expression. However it requires being detected the nationality of Nikendra Gurung. 
This is very significant in reference to the entire context to the allegation of the foreign hand in the Gorkhaland (UT/State of India) agitation. If the referred person is an Indian national and particularly if his residence is located in Darjeeling District (and not anywhere else in India or foreign lands), Nikendra is within his democratic and constitutional rights as an Indian from Darjeeling District to express his demand in any Embassy of India around the globe. This is reasoned by accounting the fact that Darjeeling District and its hill people are safeguarded within the ramparts of the Constitution in the provisions of the Fifth Schedule. 

This legality forms the basis of the Gorkhaland demand for the content of measuring internal self-rule, which is the eventual goal of areas within the Fifth Schedule. 

However as already aired earlier the District requires being elevated for consideration as a Scheduled Area, meaning compacted population of Scheduled Tribes (ST) within its territorial boundaries. This event is ascertained within the features of the Roy Burman Commission (CRESP) Report 2008 Sikkim which has already recommended a group of communities in Sikkim for listing as STs. It is more probable than improbable the same STs list will be forwarded in time to West Bengal list of ST. When this occurs, it is obvious the ST list in the District (including Siliguri subdivision) is approximated at a range of 70-80% at the higher side of Census 2011 population 18,42,034. Gleaning into this index the application of CRESP report will hold water in recognising Darjeeling District as a Scheduled Area, which is the event determining the legal right of the District to demand a UT/State whichever constitutionally viable. With this anticipatory perspective in mind of a Scheduled Area germinating will construct Darjeeling District within the Fifth Schedule with the right to legally place the demand for internal self-determination within the Union. It may not be right to assert the event immediately, and accordingly base the demand without the right in place. 

However in general understanding reference to the CRESP Report there is a 99% expectation in confirmation. 

With this impacting constitutional implication of the Scheduled Area application of Darjeeling District demanding a State for Darjeeling District by Nikendra Gurung (subject to the fact he is an Indian from Darjeeling District), is not violative of any constitutional infringement or international implications. The District already qualifies as a Partially Excluded Area (Act of 1935) and the right transferred into the Fifth Schedule of the Constitution is already constitutionally qualified to express the demand at a certain point legally within the parameters of the Schedule, as and when it is confirmed as a Scheduled Area. 

Nikendra Gurung however require to be advised that at this moment of time conventionally referring to the Constitution only Darjeeling District legally qualifies to place the demand as a separate administrative unit in West Bengal in India which right is already constructed in the GTA established in 2011 which requires to be continued to its final end beckoned by the constitution of Darjeeling District, most probably as a UT then a State. It is not necessary this new entity require to be named as Gorkhaland but applying is also an option though felt incongruous to a particular tribe, the Lepchas who feel their identity is displaced by such a name and which properly originally belonged to Nepal. That besides there is enough indications in viewing that Darjeeling District is destined to become a separate unit of administration outside West Bengal. 

There is an element of flaw in Nikendra’s argument that a state of Gorkhaland is to be determined in consideration based on a separate identity for the Gorkhas, ethnic Nepalese Indians is grossly misleading as well as counter-productive with no valid reason to guarantee its end product. If at all he bases his statehood demand on the entire Nepali Indian population based on Statement I – Abstract of speakers strength of languages and mother tongues-2001, PART A, records 28,71,749 (Nepali including Gorkhali), there is no constitutional provision in considering any new state formation on basis of caste, creed, religion, race, language, culture etc. So to demand Gorkhaland within the Indian geography based on the ethnicity of Nepali/Gorkha Indians is outside the constitutional purview. The basis of all state formation in India is within the provisions of the Fifth Schedule (Scheduled Tribes and Scheduled Area) and Sixth Schedule (Tribal Areas). 

Besides these constitutional parameters no other factor is responsible for planking the statehood demand. The Constitution is entirely silent on whether any other Scheduled Tribes of India, other than those in the Fifth and Sixth Schedules, can raise their voice in this issue. The answer is not far to seek. None other than the Fifth and Sixth Schedules are guaranteed that right. 

On the other hand PART B languages not specified in the Eighth Schedule (Non Scheduled languages) includes 9.Bhotia (1.Bhotia, 2.Zanskari&others)81,012; 56. Lepcha 50,629; 58.Limbu & others 37,265; 80.Rai & others 14,378; 85.Sherpa 18,342; 88.Tamang 17,494; 92.Tibetan & others 85,278 totaling 3,04,398. Note: All the above populations are Scheduled Tribes with the exception of Rais is surely not coincidental, as truly speaking this community require to be listed as Scheduled Tribes. This probability is already ascertained in the CRESP report 2008 for implementation, accepting the Rai community in the Scheduled Tribes list. That is the time, when more hill communities are included in the new ST list in census 2011. This automatically ensures the District to demand a State as a Scheduled Area. 

The question of creating a state out of the northern parts of existing West Bengal including Darjeeling District, Dooars (Jalpaiguri District) is improbable at the moment for many more reasons than one. If at all in the future there are reasons to place numerous reasons why the other four North Bengal Districts including Jalpaiguri, Cooch Bihar, Dinajpur and Malda a predominantly tribal belt, be debarred from demanding further constitutional guarantee then ordinarily perceived ensured by the West Bengal Tribes Advisory Council (TAC) as a Fifth Schedule outcome. This situation can be considered a probability if the Koch, a predominant population of North Bengal of Tibeto-Burman language speaking ethnic Dravido/Austric/Mongoloids racial mixture, is a class of people ancient as the hills and diversified in settling in vast areas in the Northeast. Cooch Bihar is said to be their ancient kingdom. 

The above reasons are cited to clarify Nikendra’s attempt to create Gorkhaland in India without Indian constitutional parameters will be lacking the convincibility in form in even visualising Gorkhaland under the present circumstances. As related above any state formation in India is recognised to be planked on a constitutional bench and not without, without any exception. 

However if he and compatriots are demanding Gorkhaland for Darjeeling District and on account of which petitioning the claim in the Indian Embassy as citizens of India is legal and bonafide. This as already stated earlier is accounted by the fact Darjeeling District presently in the Fifth Schedule implication of TAC only but there is all the possibility it being declared as a Scheduled Area (account of CRESP implementation) which after this recognition allows Darjeeling District the legality to demand a State outside West Bengal.

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