GTA delaying Tactic -ST bill 2013

Hillman the analyst, KalimNews, Kalimpong, 13 November 2013: Something strong smells in the state of Denmark. The above rhetoric is in reference to the present imbroglio faced by the GJM vis-à-vis the state which seems to be compounding any sort of blame factor to destabalise the statehood demand, and which is perceived to be hotly pursued by the Centre in having introduced the ST Bill 2013 as an Ordinance in the Rajya Sabha.
Unfortunately the Bill was diverted to the Parliamentary Standing Committee for further discussion, inspite of the fact that the Ordinance originated as an Order from the Supreme Court of India. This consideration speaks volumes of the importance of the bill as legally impounding on the Rajya Sabha to consider it as a legal right, than any other Bill of general public interest. Then too the ST Ordinance was directed to the standing committee raises the suspicion, without any semblance of doubt, that the Ordinance was hijacked by the opposition as a delaying tactics to keep the statehood demand in abeyance – till after the forthcoming general elections.
In general observation it is attributable to consider that the state political parties in tandem has nudged the leader of the opposition BJP MP Arun Jaitley to rabble rouse the Ordinance as a connivance by the ruling dispensation with ulterior motives directed towards gaining political leverage in the elections to come. This charge seems to have garnered enough weightage against the Ordinance effectively sending it to the parliamentary standing committee for discussion or more precisely delaying the bill to block the statehood demand which would have been the immediate consequence of the ST Bill. In simple language for general public consumption, it might be related here that the statehood demand depends totally on Darjeeling District and the adjoining Dooars being determined as a Scheduled Area which is absent in the Fifth Schedule aspect in which Darjeeling District and the Dooars are provided legal safeguards within the Constitution. Infact it might be necessary to recall that the entire North Bengal Districts are covered by the Fifth Schedule. Nay infact the entire Scheduled tribes of West Bengal are covered by the same Schedule which aspect is determined by the fact the Tribes Advisory Council (TAC) exists in West Bengal as a statutory recognition implied by it.
Therefore the immediate attention of the GJM and its elected representatives both at the State and the Centre, is to instantly consider appeal to all the national political parties at the Centre represented in the Rajya Sabha to take note of the pending ST Ordinance as well as having it cleared as an act so that the Gorkhaland demand is meted out before the coming general elections. While this should have been the general course of event the GJM stalwarts should have followed, the immediate reaction followed seems to be totally against this current. It is therefore considered impinging on Bimal Gurung to take immediate note of the BJP backlash on the Gorkhaland demand, therefore requiring a statement from the BJP MP Jaswant Singh representing Darjeeling District to enquire into the quagmire in which the ST Ordinance is now about to meet its unwarranted demise. Therefore in the coming winter session of Parliament the MP is urged to raise the issue with his party and accordingly place it in the table of the House conveniently.
The above urgency being the main issue at this moment of time, it therefore does not behooves on considering other matters even if it is related to the GTA which is only an interim body before finally Gorkhaland becomes a reality. Had the ST Ordinance been passed and the purported Scheduled Area been declared, statehood would have been the next and final destination. Now that the issue has been diverted but not totally drowned, it requires to be raised again by GJM at all levels of meetings whether in the state or at the Centre.
span style="font-family: Arial, Helvetica, sans-serif;"> In the national news columns there is a reference only to the GTA act being discussed, initially bipartitely and thereafter in a tripartite meet in Kolkata definitely does not sound all is well with the GJM aim towards the ultimate goal of the statehood demand. This is implied by the fact that while the main issue the ST Ordinance which would have finally triggered the statehood demand is kept in abeyance insignificantly, whereas all attention should have been directed towards seeing the bill through, attending to peculiarities of GTA act definitely does not sound a convincing view. As already related GTA is a an interim body and therefore purporting to extend its lifespan by making this as a sole issue, whereas the Gorkhaland issue was the sole motive is lagging behind in the Rajya Sabha as a result of the ST Ordinance being referred to the standing committee, itself is considered a diversionary attempt to sideline the legality (Scheduled Area) on basis of which alone the Gorkhaland demand can stand constitutionally guaranteed (Fifth Schedule). 
This is amply proven by the fact that Darjeeling District & the Dooars is ensured in Census 2011 to be listed with additional Scheduled Tribes besides those already listed. This consideration is not a new description of the area but infact has been as old as the hills and that basically these areas were inhabited by majority population of STs (census 1931) and the same is only now being registered as such in census 2011. Between the intervening period of census 1941 to 2001, majority of the tribes of the Himalayas were identified under the general population list on account of mistaken use of the mother tongue for identification of the individuals in the census. This lacuna is now being redressed again in Census 2011 by reverting all the tribes of the Himalayas who were considered with the general population list are now being relisted properly as STs again. This factor is most impacting in the demand for statehood i.e. to obtain the Scheduled Area aspects of the Fifth Schedule, and thereby guaranteeing the conclusion of the demand to its final legal end – state of Gorkhaland / Darjeeling & Dooars whichever legally implying.

In conclusion the GJM require to be reminded that issues relating to GTA is a symbolic gesture but the more important consideration is to raise the question of the ST Ordinance now lying with the parliamentary standing committee for its immediate implementation. Bimal Gurung is urged herewith to take up the issue of the ST Ordinance seriously with the state govt. or more properly with the ruling power (TMC) and expose all concerned to this issue and observe their reactions accordingly. Therefore the main issue for GTA members is to consider raising in the bipartite meeting the ST Ordinance 2013 as item one of the agenda and relegate the other GTA issues as secondary. It imposes great responsibility on the GTA members and MLAs to raise the ST Ordinance 2013 both at the tripartite meeting as well as in the State Assembly for a proper and constitutional delivery regarding the legal status of the statehood demand. (Hillman – the analyst alias Karma T. Pempahishey )