Gorkhaland State: The present and the future

KalimNews, Kalimpong, 8 September 2013: The current chronicles of the processions, speeches, the dilemmas, the speculations and the internal wrestling of various entities for the future of Gorkhaland state is at the verge of result yielding episode, writes Paul Rai. 

We are getting varieties of news and anticipations in the newspapers and online portals, even plenty of general gossip-opinions are airing all over as a mere public discussion issue. Being far from Darjeeling it’s my heart's desire to be the part of the ongoing movement. However, due to many inevitable reasons I have not been able to witness it myself on the ground.

I just want to thank Darjeeling Times for providing us with the vivid news of our beautiful Darjeeling. Also the efforts put up by Kalimpong News and other medias deserve appreciations. A video titled “changing faces of Gorkhaland” based on the comparative survey of the separate statehood movement has also explained many unexplained facts. As I was watching the documentary, I was reminded of the 1980's violent agitation, even today when I sleep sometimes, I get the horrific cries of people in my dreams. 

There has been a good effort in putting up all the happenings of the past statehood agitations in a chronological order. The works and the purposes carried over by the political and social outfits were shown, while the crucial speeches by various personalities are really great. It was logical and the issue that has been covered up on the clip speaks volumes of the subjective side of the demand for the separate state. It is the ultimate, and everyone should watch it. With regard to this I would like to summarize the fundamental facts for the creation of the state out of Darjeeling and Dooars, I guess it would have been a better approach in understanding the whole documentary. 

Let us briefly look at the legal aspects of the movement as this is the only clue that will enlightened the every participants in the process of demanding Gorkhaland. The history of Darjeeling, Kurseong, Siliguri, Kalimpong and Dooars need not be told here as ample of materials are available today, the only need would be a guanine reader with some analytical approach. Many books, articles we find today with the title "Gorkhaland" and same material is hovering around in the inscriptions of every book as if the same writer is the publisher for all. Ironically, it is because different writers are writing the facts about Darjeeling and Dooars in their own style, so comparatively we should get same kind of information in various fashions. As in the case of the documentary, most of the political parties, social groups, intellectuals, individuals had the same view of expressing their aspiration in terms of demanding a new state in the Union of India. 

Furthermore, the book written and published by Mr. Karma T Pempa Hishey titled “Roadmap on the trail to Gorkhaland” speaks volumes about the core-logic facts of the constitutional history of Darjeeling District, which I think is the only book of its kind to reflect the valid constitutional chronicles of our Darjeeling in forming a new state. The author has given the ample documentary support in regard to the matter he has promulgated in order to cascade the constitutional provision – the Fifth Schedule as the guarantee for the formation of Gorkhaland within India. 

Therefore, understanding the legal aspects is very essential in order to be sure or be confident in knowing our right for the creation of new state within the purview of the Constitution which is the governing law of the Union - i.e. our country India. When Darjeeling was ceded by Sikkim (the then separate country) and Kalimpong and Dooars was ceded by Bhutan (another country) to British with the arrangement of some annual returns to Sikkim and Bhutan. Since the time immemorial Darjeeling was never a part of Bengal neither of the British India. So, it was kept aside for the special administrative arrangement along with many regions of the then India under the Excluded and Partially Excluded Area. So in due course of time the regional identity of Darjeeling changed to Partially Excluded Area, although sometimes it was called Backward Track, Schedule District etc. 

Partially Excluded Area meaning the regulation of Provincial and Legislature laws will not prevail in these areas, and should be treated as a small indigenous (separate) bodies with regard to the implication of the Provincial and Legislative laws. After independence the Darjeeling district was kept in different states for the administrative purposes, in order to maintain administration and to secure the status of the people of Partially Excluded Area of Darjeeling. 

After all the hassle of going from post to pillar, finally it was adjusted with Bengal for administrative purposes (i.e. to safeguard the regional status of the people of the Hills). As I have mentioned earlier that before independence the Excluded & Partially Excluded Areas (E & PEA) were treated as indigenous bodies (i.e. foreign lands, outside the purview of British India) which were under the direct control of His Majesty (the Crown). So, in 1947, the British India Provinces got independence, however, these areas (E & PEA) remained with the Crown. Now these remaining areas under such designation were transferred into the Constitution of India and provided safety under Article 244 (1)-Fifth Schedule and Arts. 244(2) & 275(1) –Sixth schedule, by way of transfer from the Viceroy of India to the President of India elected to the first Parliament. So, when the Constitution promulgated in 1950, the Fifth Schedule Part C Scheduled Areas were incorporated within the provision of the Fifth and Sixth Schedules, which is directly under the authority of the President of India. However, in 1954, by passing Absorbed Area Act the Darjeeling was absorbed in West Bengal. 

The then Darjeeling was a tribal region having the tribal population of 80% in the year 1931, which was craftily marginalized in 1941 census by some 60%. Bengal had de-tribe the major tribes of the region with high population. This paved the way for more struggle to become a state caused by marginalizing the major tribes of the region and bringing it close to 20%. This way Darjeeling lost the right to become Scheduled Area for which the general criteria would be close to 72% of the total tribal population. This would give a special strength under the Partially Excluded Area to become a state without much hassle. The then Bengal intellectuals knew of the fact and they deliberately marginalized the tribal strength of Darjeeling. In those days the ordinary people of Darjeeling were never of the opinion that the Bengal is axing their future by marginalizing the major chunk of tribes from the entire population. For this we had to suffer for more than 60 years, if we only count the suffering years since India's independence. 

As the aphorism echoed in the past for seeking Sikkim's co-operation or intervention as neighboring state in support of Gorkhaland. The then Sikkim Chief Minister Mr. Bhandari and the current CM Mr. Chamling have talked positive about Gorkhaland in various forums, that the demand for Gorkhaland is legitimate and constitutional. The statehood for Darjeeling is the right given by the Constitution of India, which is the largest ever written constitution of the world. If anyone says Darjeeling doesn’t qualify to be a state or "Gorkhaland is illegitimate" then they are nullifying the constitutional guarantee given by the constitutional fathers to secure the regional identity of the people of Darjeeling, and overall blaspheming the constitution. The constitutional provision is the only fundamental qualification in the creation of any new state and others follow it. 

During 1980's, Subash Ghising all of a sudden showed up from nowhere with Gorkhaland agitation, as in the case or earlier entities viz. Hillman’s association, Pranta Parishad and other outfits were going forward with different names for the Darjeeling statehood. Unfortunately, it was another blunder in the history of Darjeeling, when the massive agitation died young like a brave hero but without achieving its ultimate goal - "Gorkhaland" - a separate state. The mass killing and atrocities were the divergent in order to bifurcate the agitation and achieve another stupid goal (the DGHC) which was for Bengal's benefit. Again, Bengal won and we lost, as in the case of census of the year 1941. 

The out-broken GNLF leader Mr. Bimal Gurung founded Gorkha Janmukti Morcha (GJM) in 2007. Ironically, with the fame of Prashant Tamang (Idian Idol 2007), we see the birth of GJM. Everything went on in a sequence, Prashant Tamang became the Indian idol with more than 5 Cr. votes, the 6th Schedule fever was all around and it turned out to be the poison which Ghising was prompted to drink or he by poor choice drank it, thinking 6th schedule as 'Amrit' - people opposed 6th schedule religiously with huge support and participation. 

The people of Darjeeling revolted against the tyrant rule of GNLF and embraced the newly formed GJM for another wave of Gorkhaland movement, on the other hand Ghising kept quite even all the GNLF councilors in the whole district. Ghising stepped down, sent to the plains with full security along with all the ex-councilors in peaceful order. Still Ghising enjoys 'Z' category of security and facilities - I wonder what the utmost importance of this guy is? May be future holds the answer? 

Whatever, let’s look further the legal aspects of the 'Gorkhaland'. I go to different cities of India Delhi, Kolkata, Hyderabad, Bangalore, Chennai, Mysore etc. and I meet the people from various walks of life, the students, notaries, social workers, businessmen and especially in south India people have a question "where are you from?" I say 'I'm from Darjeeling'. 'Oh! Darjeeling, beautiful place, if I have to go to Darjeeling do I need Visa? I used to be surprised at their knowledge in geography but not anymore, I feel like talking to them and help them understand that Darjeeling is a part of India and Gorkhaland is a legitimate, constitutional and the only century old demand for a separate statehood within India. 

Last year, I happened to meet a person in Hyderabad and we had a long talk on the formation of new state, it seemed he was quite active in pro-Telengana movement. Somehow, he was quoting article 3 of the Constitution is the only base for any new state formation. But the irony of the fact is, the article 3 of the Indian constitution is not the only base for the creation of a new state in India. 

Of course Article 3 is the procedure in forming a new state; however, the land where Article 3 needs to be applied should have the basic qualification to come up as a state. The states ever formed in India were qualified and their guarantee was safe in the constitution. So, if the proposed area is qualified and there is a guarantee for the same in the Constitution to become a state, then Article 3 comes into picture, so Article 3 is the making procedure not the fundamental criteria for state making. 

The Parliamentarians are the guardians of the Indian Constitution, so the Parliament would further consider the constitutional process in order to comprehend the necessary procedures within the framework of the Constitution. Otherwise, every Tom, Dick and Harry would seek 'state' quoting Article 3 of the Constitution. 

Moreover, when Article 3 of the Constitution was amended in 1955, it clearly provides the role of the President of India in the formation of new state. Following this, there was another amendment in 1956 provided for the formation of State Reorganisation Commission (SRC) to conduct the territories for inclusion into the new state/s to be created by the President under Article 3. These amendments are generally known as Fifth and Seventh Amendments. Overall, the Fifth and Sixth Schedules are the only Constitutional provisions to construct any state in India.One has to have the eligibility criteria. 

As in the case of a certified accountants in India, one has to be a member of Institute of Chartered Accountants which recognizes the competency and eligibility to qualify as a certified Financial Chartered Accountant. So, in order to be eligible to become a state one has to have the constitutional guarantee i.e. the qualification. In the case of Darjeeling, we are qualified and our regional identity is our qualification (i.e. Partially Excluded Area, which is in the Fifth Schedule of the Constitution) to become a state which is very much constitutional. Therefore, we have a constitutional promise to be fulfilled by becoming the next state in India. 

Politics in different situations, at level and its strategy sometimes confuses ordinary people, intellectuals and even the politician of sorts, sometimes we may not be able to evaluate the exact interpretation of how it has been engineered or may not fit as per our analysis. Here we need some time to think and analyze, it may not be clear at the first instance, however, if we focus and meditate on it, the latter prospective on the same arena would be clearer than the former. 

Although,Mr. Pawan Chamling the Chief Minister of Sikkim has already shown genuine support for the Gorkhaland issue. Now, there are some communities viz: Kirat Khambu Rai, Magar, Gurung, Sunuwar, Thami and Bhujel who are to be recognized as tribal based on the review of B.K.Roy Burman commission (CREPS ) report in Sikkim, which needs to be passed at the earliest in Sikkim Legislative Assembly. In this case, when these communities gets recognized as tribal, we get more strength. As and when it gets implemented in Sikkim, it will have the same effect in Darjeeling and Dooars as well. After this we'll have more than (78%) of tribal population in the land and this again adds up a feather in our cap which qualifies us to become a Scheduled Area. 

Also sometimes back in one of the memorandums submitted by the Gorkha Janmukti Morcha to the Centre had mentioned that all Gorkhas of Darjeeling and Dooars be recognized as Tribal. In any ways when the new list of Gorkhas become Schedule Tribe in Darjeeling and Dooars, thereafter these two areas will be declared as Scheduled Areas.  

The demand for the state of Gorkhaland is for the inhabitants and descendants of Darjeeling and Dooars only,and this needs to be carved out as a new state by bringing these two areas communities under the blanket term Gorkha (Schedule Tribe) to become a Scheduled Area which would be more appropriate and constitutional.The burning example of the above description is the state of Telengana, it has a different history however, Telengana is already a Schedule Area and under Partially Excluded Area provision under Fifth Schedule it is going to be the 29th State of India. 

Mr. Bima lGurung the founder and the President of the Gorkha Janmukti Morcha is the whole and sole person who came up with such a brilliant idea of differing from GNLF in search of our Mother 'Gorkhaland'. Following his vision; the vision of the people of entire Darjeeling district got another chance to voice for Gorkhaland in a new paradigm. Ever since, Ghising took the charge of the DGHC the common voice for 'Gorkhaland' was trampled to mingle in the dust and Darjeeling was looking for a leader who could lead the movement for a separate state when GNLF was leading us into the pit. 

Hats off to Bimal Gurung's guts and extraordinary initiative. We should strengthen his hand in every situation. People need to look up the vision and the work done in present. Sometimes when political scenario goes unclear or things doesn’t  turns out to be as we want, still we should not lose the hope. Because it is the only hope which took us so far and now it’s the time to believe. We believe that the Indian Government will respect the Constitutional guarantee and deliver us our right in the right time. Due to the complexity of the situation and different political reasons things may look confusing or may put us into bewilderment. We should overlook the difficulties and endure the hardship as the new dawn is about to set up. Nevertheless, we are Gorkhas and since the time immemorial we have faced hardships-difficulties but in all we have excelled and overcame as Victors. Let us fight this movement with wisdom, tolerance and non-violence and let the whole world watch this with new and amazing prospective, and I want to hear them say "extraordinary Gorkhas from 'The Gorkhaland'". History never have witnessed such a massive participation of all the parties, citizens coming together under one platform sidelining all the past differences for the genuine cause of Gorkhaland, it’s the best example of strategic unity (although the term 'strategic unity' may sound different but to make for one agenda strategy - oneness is all important). Let this movement not die young, like I said earlier - as a brave hero, but let everyone be focused to the goal and overlook all the difficulties and fend off the treacherous tactics of Bengal. 

Now 'Gorkhaland' is the matter of Centre i.e. Delhi, we should expect something extraordinary in coming days. The Bengal chapter is over - we never belonged there; our destiny is Gorkhaland who's key is in Delhi - not Kolkata or Ms. Banerjee. 

So, this time, let us win and Bengal lose.

The author, Paul Rai is presently at Mysore.