Is Demand for G’land sidelined?

Hillman the a analyst, KalimNews, 31 October 2013 : It seems that time and again demand of Gorkhaland either fades away or is sidelined, but is it true? 

Hillman the analyst commenting on a news story titled “Demand for G’land not sidelined” published in the Statesman of 28th October 2013 with the dateline Kurseong 27 October 2013 states that the title and the subheading, Statehood demand will be raised again and again until formed’ is not only appropriately articulated but also well structured to indicate that the statehood demand will eventually be concluded as such. 

That is, a state/UT will come about, just like Telangana, however subject to fulfilling a very important criteria viz. Scheduled area component of the Fifth Schedule which at this point of time is not applicable to Darjeeling District and the Dooars. The readers is reminded that Telangana is also formed out of the legal right (Scheduled Area) applicable to the area composing Telangana in Andhra Pradesh. 

It is this understanding of the constitutional scheme which allows this writer to read into the mind of Bimal Gurung who is confident of obtaining state of Gorkhaland or its equivalent constitutional self determined administrative unit, as provided by law, which is indicative of a UT. Probably Bimal himself is not fully aware of the constitutional consequences related to Darjeeling as provided by law, i.e. the Fifth Schedule. 

This aspect according to this writer, evidently, as a matter of fact, not generally understood, practically most of the stakeholders raising the demand. This ignorance arises from the fact that even those holding the dignity of high post in the political units, whether GJM or the other political forces from the hills, not to mention similar units from the plains, are completely oblivious or covertly covering the legal right to statehood for Darjeeling and the Dooars, which is simply and completely guaranteed within the provisions of the Fifth Schedule. However, as already related in earlier compositions by this writer, related to this issue, are amply discussed and deliberated. 

However once again may require to be reiterated for the uninitiated to the Fifth Schedule perspective, that Scheduled Area, meaning a contiguous area of concentration of Scheduled Tribes, i.e. at least 80% of ST population in the area demanding statehood require to be fulfilled in order the Fifth Schedule provision is entirely completed. 

Whether Bimal Gurung and his cohort of advisors are aware of these constitutional implications or not is another question. But the general public need not be aware of this situation as it is felt that a greater hand (Central govt.) which is directly or indirectly involved in the issue as the guardian of the Constitution to deliver to the concerned people what is their right to the defined conclusion – once the provision of the Fifth Schedule is fully completed then only the demand for statehood becomes truly legal or constitutionally guaranteed so to say. 

Therefore it is highly suspect that the Centre is infact, also as a legal advisor guiding Bimal Gurung and Co. with or without the necessary legal information’s, but at the same time playing the pivotal role in the Tripartite talks which itself is an enactment deliberated on the provision of the Fifth Schedule. Unlike the Sixth Schedule, the application of the Fifth Schedule areas can initiate a program directly to demanding a state, provided the Schedule is articulated with its entire scheme intact. That is, Art. 244(1) –Fifth Schedule, should contain both its priorities concerned. This is in reference to the area inhabited by 1.Scheudled Tribes in any measure of units and 2. Scheduled Area, the more important and impacting quotient of the Schedule which allows the area to demand self determination or statehood within its framework. All these constitutional implications imply that the statehood demand within the Fifth Schedule becomes relevantly a guaranteed constitutional right, which by law requires to be implemented at the proper time, with all incidental criterias in evidence. 

Darjeeling District and the Doors qualifies to this evidential scheme (Fifth Schedule) which is a flow over of the special provisions of the Act of 1935 and Order 1936 concerning the rights of Excluded and Partially Excluded Areas. Darjeeling District as a Partially Excluded Area is potent enough to consider the statehood demand as an act of law. Which is why Gorkhaland or a state of Darjeeling & Dooars is a certainty – as a constitutional event and therefore evidently to come about – as a direct sequence to the agitation spearheaded by the hill political unit GJM which members also concerned the elected representatives of the entire District displaying that the demand is made under a democratic right. 

The demand of separation from West Bengal is not a communal divide and therefore this sense of mindset requires to be completely removed from the mind. As already related earlier, the demand for the state of Gorkhaland including Darjeeling and the adjoining Dooars, is a matter of concern related to the Constitution of India, and not otherwise separately at all. This understanding alone will explain the demand as a matter of situational democratic right, which, although the state has taken otherwise, is a totally misconceived affair. Surely the state is aware of the above constitutional procedures and despite which understanding is opposing the demand, in one way or another with all its resources available, needless to mention the implied details, has and is, since time immemorial been opposing the separation at all cost. 

One can fully realise the reason why which details need not be addressed here but evidently surmisable. No doubt the separation of Darjeeling District and the Dooars from West Bengal will deprive the state of all its glamour created by the presence of the geographical hilly regions of Darjeeling District besides revenue losses from tea, teak and tourism will debt its balance sheet to an immeasurable amount. However this will eventually account all the credit components for the many years of lagging development without perceivable account, rather discount, considering the state of affairs the entire district and adjoining areas particularly in the Dooars. No doubt Siliguri subdivision, earlier referred to the Terai, only has developed on account of the concentration of these areas only, totally in contrast to the hilly regions of the District which are out of gear as far as development, law and order, and implied socio-economic aspects area concerned. It is felt all these setbacks will only be resolved when a self rule becomes the order of the day. Without statehood the implied areas will further decay from bad to worse, which is already the case presently, and hence this malaise require to be immediately addressed both symptomatically initially and in time curatively for the health to convalescence to its former glory. 

The promise of the CM to convert Darjeeling District to mimic Switzerland is only an apple before the cart and the entire statement is an act of chastisement to wriggle out of the present imbroglio, and therefore should just be skipped as a passing comment than a sincere overture. It is better this subject is left undiscussed than talked about it at all as it is only a peripheral garnishing and not the cream of the matter. 

There is a deliberated account, though by misunderstanding and grouse at times, that the statehood demand stakeholders are being waylaid by the opponents of the statehood demand by concerned people and units across the board. It is felt such deluded groups require to look afresh at the statehood demand as per the deliberations above, and if possible remain silent, which adage prescribed as a golden rule, before entering into controversial conflicts with the existing political unit, GJM who is spearheading the demand. In the perception of this writer, it would be a matter now of only days and not even a month, probably by which time an indication by the Centre is certainly possible very soon. This is inferred from the fact that the additional list of STs in Sikkim is at the moment on t he table of the parliamentary committee on social justice and empowerment, and it is only a matter of time, since it is an Ordinance, based on the Order of the Supreme Court of India, will become an Act of parliament very soon. 

Once this ST Bill becomes law is the time when the demand for Gorkhaland becomes constitutionally legal as a Scheduled Area, and the State /UT becoming reality is only a matter of time. Therefore all seekers of Gorkhaland need not wait now not even for a month to realise their dream would eventually become true. 

These writings are not clairvoyant forecast or predictions but matter of historical legal concerns entirely related to the Constitution of India, as the historical continuation of ceded territories of the Kingdoms of Sikkim and Bhutan which necessitates under present considerations for integration into the Union of India as per national as well as international understanding. It is therefore very pertinent that the demand of GJM to the Centre for including all Grokhas as STs is a defining criteria without which obtainment the demand for a state is constitutionally out of the question. In other words, Gorkhaland without Gorkhas unrecognized as STs , is not possible at all no matter under what definition of democratic norms. State formation is reserved in the Constitution only as a democratic appeal by the STs of the area, with another underlying democratic factor, the ST population should hold a majority of the total population. 

This is the constitutional implications of statehood demand as per the Fifth Schedule. In the Sixth Schedule (the erstwhile Province of Assam now composing the other states of the Northeast, Meghalaya, Arunachal Pradesh, Nagaland, Manipur, Mizoram and Tripura) where the concern is based on the units inhabited by majority ST. 

While in the Fifth Schedule the ST consisted of minority population, whereas in historical context, the ST population was infact in the majority, lost as a result of various censuses since 1941 -2001 having been conducted on basis of the mother tongue spoken by the individual census. A blunder mistake seemed to have occurred as a result of the application of mother tongue , wherein the applicants, being uneducated, therefore ignorantly inserted the spoken language of the day (lingua franca) of the region as common language, and not their ethnological mother tongue which invariably was other than the spoken language. 

To cite an example to display this conundrum, every tribe was supposed to write their language/dialect according to their ethnic component, such as, although Nepali/Gorkhali maybe the spoken language, each tribe if it considers as such, required to mention their language according to their varna/caste. The constellations of hill tribes of the Himalayas need to mention their mother tongue to the caste they belonged such as Lepcha, Bhutia, Tamang, Limbu. Gurung, Rai, etc., who no doubt speak the Nepali/Gorkhali language as a matter of communication, but their ethnic language would be according to their ethnological classification. 

The Census 2011 is based on ethnology i.e. varna/caste/race and not on the mother tongue as applied since 1941-2001. With the application of ethnology in the last census (2011) automatically all the hill tribes categorized in the non tribal population since census 1931 would infact would be reinstated to their original ST list in Census 2011. Therefore the listing of the additional list of STs in census 2011 is only to realise that some sort of misunderstanding had taken place during the intervening period 1941-2001, and it is this aspect which is being addressed in Census 2011 and redressed by including the STs (who had been placed as non STs) once again back to their original list as STs. 

It therefore requires to be understood that this consideration is not a case of creating new tribes by any means, but only a matter of reinstating existing STs who were addressed as non ST. It was a simple matter of adjustment wherein the non STs (who infact were STs) are once again being placed accordingly. Coincidently all this suggests that throughout history at least since Census 1931 till 2011 as per the related understandings the ST population of the District and adjoining Dooars are still composed of over 80%, and which is why the grant of Scheduled Area is infact the ground reality of the population situation. Whereas the recorded history of ST population as a minority in these areas was infact a mistake in accounting and a blunderers one indeed. 

This however is being resolved finally in Census 2011 after seventy long years of mistaken identity. Though the mistake was genuine in concept but the fact of the matter is that, the truth was shelved under the carpet for unknown reasons of the individual. A pertinent question remains to be answered, as to who should be blamed for this flagrant discrimination of law as a result of which, although as tribes many were marginalised as non tribes, thereby losing their benefits under law for over seventy years? Who is finally to be blamed for this dastardly act of misdemeanor? Should not the majority advanced communities under which these hill tribes were being administered not raise the alarm bell to indicate the mistake? 

These are questions to be raised later when finally the state of Gorkhaland becomes a reality. Infact in recalling these lapses the state should be more comprising and compassionate and silently show its greatness by delivering the people its due, and which the state has been holding in abeyance since independence in 1947 or more precisely after the commencement of the Constitution in 1952. 

In the last visit of the CM, Ms. Mamta Banerjee to the Darjeeling hills definitely suggests reconciliatory and consideration in her speeches which were totally absent of her earlier aggressive statements stating there would be no division of the state. It was most surprising in realising the stance was completely changed, and which it is hoped is all for the better understanding of the situation finally leading to Gorkhaland.