Tripartite Meeting 23 October 2013 ....ST status to all Gorkhas - demand of GNLF and GJM

Hillman the analyst, KalimNews, 19 October 2013: In the inception it maybe definitely understood by GJM and the public, that the occasion of considering the Tripartite meeting in reference to the demand of the State of Gorkhaland is statutory by implication of the fact, that the demand is constitutionally legal in considering Darjeeling District as well as the adjoining Dooars of Jalpaiguri District is covered by the establishment of a Tribes Advisory Council (TAC) in 1952 onwards till recent times 2011 when the GTA Act was passed. 

The fact TAC was established in West Bengal indicates that West Bengal is in the Fifth Schedule of the Constitution accounting for the welfare of the Scheduled Tribes therein. It is also to be kept in mind that the vital component of the Fifth Schedule which allows the right to demand a State, i.e. the concern of the area as Scheduled Area, is however deficit. It being so it does not allow, at least for the time being, to demand a state of Gorkhaland presently, till the two Districts of Darjeeling & Jalpaiguri are considered Scheduled Areas. 

The meaning of the term implies the areas are scheduled for certain future considerations and for the time being it is to be considered as an aspect of its future delivery. This is to say in simple terms that, when a area such as Darjeeling District or Jalpaiguri District is scheduled relays a very important message, and which conventionally understood, as a component of the Fifth Schedule, the two areas when identified as scheduled, obviously connotes that such referred areas are legally provided to demand their rights within the meaning of the Schedule. Infact Schedule means rightful within the contents of the law provided by the particular contract or understanding. This is to convey the idea that once the two Districts are considered consisting Scheduled Areas, it automatically behove them to direct their attention in demanding a state under Art.3 (whichever section applicable for the delivery).

The concern for Darjeeling District and the Dooars are already provided safeguard of the identity of the inhabitants by the establishment of TAC. It goes without saying that the two Districts are in the Fifth Schedule, and most certainly not in the Sixth Schedule which has been raised by certain hill political unit. In a general way it is reminded once again that it is totally unconstitutional to demand the Sixth Schedule for Darjeeling District and Jalpaiguri, or for that matter the District within North Bengal, which areas are confirmed to be noted within the TAC aspects.

Which is why till 1990, entry to the North Bengal Districts including Darjeeling & Jalpaiguri, was strictly restricted  since 1873 Bengal Eastern Frontier Regulation (BEFR), a line system commonly referred to as the Inner Line Permit (ILP).  All readers concerned in the demand for state are once again reminded here in this very page to enquire through their sources and connections wherever possible to raise the question why the ILP which was withdrawn and to whose behest. Did the people of the District demanded its withdrawal or was it withdrawn unilaterally by the State/Centre or conjointly, whatever maybe the actuality. Whatever the reasons comprehended at this moment of time, the withdrawal of the ILP however was disastrously impacting to the inhabitants of the Districts, infact the entire North Bengal, wherein the native inhabitant population, in reality, demographically marginalised in comparison to the inflow of populations from neighbouring and bordering countries. 

Besides this, it also requires to be accounted that there is a massive inflow and settlement of culturally advanced population from the plains particularly to Darjeeling District, thereby in sum total the original inhabitants of the District are now facing a majority impacted reversible cultural shock. The magnitude of the inflow of population is reflected in the mismanagement in plan ad and implementation particularly during the last left front rule and markedly impacted during the GNLF regime (1986 -2007) since which time the entire Darjeeling District in a state of extreme anarchy than the rule of law. 
The impact of the GNLF agitation under violent terms bred a new generation of youth without proper guidance and reforms in measurement with time. Presently the cultural history fop Darjeeling District is in doldrums and groups enameled in discovering an identity under Gorkhaland, whether rightly or wrongly, is another issue. But the demand is quality as well as quantifiably genuine as well as achievable, at some point of time in the very near future. It is taking this situation into account that the Tripartite meeting in Delhi on 23 October 2013 is important in asserting the roadmap for the state proactively to avail a response to the certainty of the event.

The answer to derive from both the Centre and the State in tandem is the very significantly impacting issue concerning the date by which time the other Gorkha communities as demanded by Bimal Gurung in his last letter of 18/02/2000 to then Home Minister, P.Chidambaram , item 1. “… Creation of a separate State of Gorkhaland under Article 3 of the Constitution out of the territories now within the State of West Bengal …  region”. Item 3 “… 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 draft letter has been signed by Bimal Gurung, President Jan Mukti Morcha, Singamari, Darjeeling -734101. 

It maybe reminded here that the above application was a “Draft proposal for interim Arrangement till 31.12.2011” and which part has already been delivered in the establishment of the GTA which is a body established by law and therefore require no constitution amendment, unlike the DGHC (1988) which part being outside the purview of the Fifth Schedule, and the District without a Scheduled Area, the Council was implanted into the District by a constitutional amendment. This legal aspect still remains to be clearly understood by the GNLF political unit which is still drumming placing Darjeeling District under the Sixth Schedule, without any documental evidence. 

In contrast there are enough recorded evidence that Darjeeling District is in the Fifth Schedule provided by TAC which is a statutory lawful body provided by the particular Article 244(1). Enough time has been wasted in debating where lies the constitutional legality of Darjeeling District and the Dooars in demanding a state. Therefore all concerned who are truly and genuinely interested in creating a separate State of Gorkhaland requires to clearly understand without implying the Constitution the demand is beyond reach. That however does not mean Gorkhaland is unachievable. On the contrary it is achievable and the demand being constitutionally guaranteed (the Fifth Schedule) in finally achieving statehood. The territories perceived within the new State, whatever name it might be properly designated at the time when the decision is taken, but the areas include all that GJM has mapped out in the demand. These being Darjeeling District (entirely with Siliguri subdivision) and the contiguous Dooars areas of Jalpaiguri District.

By way of speaking, legally even the territory of Bodoland and adjacent areas in 2003 i.e. the original 7 Assamese Dooars also could have been included had it not already been incorporated in the Sixth Schedule of Assam State. Probably it is this concept which allowed West Bengal/GNLF in tandem to consider placing Darjeeling hills only in the Sixth Schedule, which is highly objectionable in law as the demand for a separate state of Gorkhaland exceeds the territorial limits of the Darjeeling hills, to include the Terai (Siliguri subdivision) as well as the Dooars which is why the DGHC was entirely a constitutional aberration as a result of which it failed drastically to the point of excluding the entire political unit to a non entity it the present political scenario.

Now the important scenario at this moment of time for the GJM to consider is the moot issue of legally providing the required Scheduled Area for Darjeeling District and which attention has been fully deliberated upon earlier. It is however of urgent requirement to know from the Tripartite meeting on 23 Oct ’13, to pass a resolution determining the time limit when the application of GJM placed on 18/02/2000  for considering all the Gorkhas to be declared as Scheduled Tribes in purview of law. No doubt this event is a certainty which eventually will be fulfilled in time but the prevailing delay is causing anxiety in the minds of the applicants who have submitted their petition for listing as Scheduled Tribes. This is very important and should be placed as the first item in the meeting agenda. The import of this item will have a direct constitutional bearing on the statehood demand. This is already mentioned earlier, which is to say again, that without the identity of a Scheduled Area in respect of Darjeeling District and Dooars, the demand is without water, ultra virens. 

This writer is confident that a separate state of Gorkhaland is a constitutional certainty even at this moment of time and to formalise the question of determining Scheduled Area for the two districts is also an assurance in the findings of this writer. The Scheduled Area is directly related to census 1931 (based on ethnology) wherein the entire sum total populations of Sikkim and Darjeeling district are referred as the ‘Hill Tribes of the Himalayas’. But Census 1941 -2001 based on mother tongue (actually meaning the ethnology of the mother or jat/tribes/caste) seemed to have been misapplied by the applicants by replacing the franca lingua Nepali language as the mother tongue instead of the ethnic language of the mother. 
This defect was well documented by W.M.W Yeats the Census Commissioner in 1941 wherein he has placed in record in advising that the future censuses should not be based on the mother tongue till a point when the population were educated enough to understand the meaning of the application. Strangely enough this advice seems to have been overlooked, suspected probably at the instance of vested interests of the majority community of the state concerned and to satisfy the states interest vis-à-vis the implied population who were deprived of being listed as ST for over 60 years (1941-2001). However in effect the period concerned dates back to 1952 – 2011 (59 years) only since when the Constitution became effective.

This lacuna is supposed to be relieved by census 2011 which was conducted on basis of ethnology and therefore reversing its origin back to census 1931. In light of this view it is obvious expectation that the Hill Tribes of the Himalayas who lost their tribal ethnicity would once again be reverted back to ST list, expected to statusqua ante 1931. This is the legality which will account for Darjeeling District and the adjoining Dooars being converted with Scheduled Area identity.  Accordingly thereafter, the statehood demand becomes a legal guarantee within the Fifth Schedule and turn the demand of Gorkhaland into reality. This situation is expected to come about sooner than later and surely the tripartite meet on 23 Oct would be an indicator towards that event. Although many people seem to be disillusioned and disheartened by those opposing, particularly the GJM who has upheld the statehood demand alive till now, requires understanding that, even at this stage without the Scheduled Area, the demand goes unfulfilled. But all should be reassured by these writings that the demand is bound to be fulfilled very soon. It is expected the two issues of Telangana and Gorkhaland Constitution amendment bills will be passed in the winter session of Parliament, if not certainly before the general elections in 2014.  So best of luck for the Tripartite Meeting.

In conclusion, the GJM is once again being informed here that the Scheduled Tribes Bill seeking listing 6 hill tribes of the Himalayas as ST in the additional list of ST in Sikkim is presently pending before the Parliamentary Standing Committee on Social Justice and Empowerment (Indo Asian News Service 14 March 2013). However it is not certain whether the additional list of STs of Sikkim, besides the numbers already existing are included in the Constitution (Scheduled Tribes) Order (Second Amendment) Bill 2011. 

Had not the Rajya Sabha (RS) opposition MP Arun Jaitley not opposed the bill on some minute accounts, although he bill was placed in Parliament by the govt. as an ordinance following a Supreme Court order, itself considers the contents of empirical value and decided as such by the Supreme Court for considering it as an ordinance for immediate effect. However the process is now delayed by the objection. Considering the importance of the Bill it is an apprehension that the leader of the opposition in the RS action as more intentional, resulting in delay, than meets the eye.  In reading into this event it seems probable the BJP, despite the fact Darjeeling constituency is represented by a BJP MP, is perceived to be bent against the demand for Gorkhaland state. 

The Darjeeling MP requires answering his position on this matter. It is considered most strange that this important issue of new STs in Darjeeling District and Dooars is unknown to the MP. On the contrary it was the duty of the MP to liaison with his own party the BJP to expedite the bill into an act at the earliest opportunity. As this did not occur, surely it is only considered proper to allow thinking that some strange goings on seems to be a visible indication. Now that the stakeholders are aware of the existence of the ST bill pending, the MP is urged to deliberate further into the matter for the earliest passing of the bill into an act. This will enhance the creation of a new state of Gorkhaland thereafter.