Untruth tailored to suit truth – Sixth to disguise Fifth Schedule.

Hillman The Analyst, KalimNews, Kalimpong, 12 September 2015: Apropos Statesman Darjeeling 6 Sept 2015- It is whimsical and purely politically motivated, to suit the GNLF dispensation that the Sixth Schedule (Gorkha Hill Council Darjeeling) is being exhumed and its spectre projected as if live and kicking – is abstruse and purely riddling to project the bogey simply to gain political mileage in the forthcoming 2016 Assembly elections. 

It is a deliberate attempt on part of the GNLF apparatus to mechanise the Sixth Schedule zombie into a robot to deliver the political dispensation in self interest is a gambit of last resort to the politicians projecting it. 

Focusing it may bear some amount of fruit forbid it maybe. The fruit is forbidden as the Fifth Schedule already exists in the State of West Bengal since 6 March 2012 (Internet). That besides only just recently the Tribes Advisory Council (TAC) under Rule 4 of the Fifth Schedule [Art.244(1)] meeting was held in the very premises of the GTA Chief office held by the Chief Minister of West Bengal (ex-officio Chairman) Ms. Mamta Banerjee. 

This is a loud besides being a shrilling (shriveling) noise transmitted all over the neurological channels of politicians of all hues regardless of colour, creed, caste, language, race and ethnicity. The tribal quotient arises from the fact not from the given reasons but from the political concept that in constitutional juxtaposition the term tribe/Scheduled Tribe (Art. 342) simply metaphorises the difference between two set of people in political pronoun differentiating, we and they wherein we is the adjective of invaders and they the indigenous people. 

This is the perspection derived from UNO and Human Rights resources in indicating, ensuring and arriving at a world scenario where human rights are impinged by the very nation states formed out of ridding piggy back on the legal status of the aborigines (Adhivasis) in India. These are international aspects and implications which the GNLF think tank like Maurice Kalikotey needs to be informed before right away diving into the sea of Sixth Scheduled which requires a vast study in understanding than simply citing references totally out of context. Both the references elucidated by Maurice and Enos Das Pradhan (President Bharatiya Gorkha  Parisangh)  in which the period of the year/s is unmentioned itself holds the enigma of the untruth being coloured as truth. This is no secret now considering the empirical fact that West Bengal is presently under the provision of the Fifth Schedule which was conspicuously displayed by the TAC meeting held in Darjeeling cited above. 

Both Maurice and Enos Das Pradhan should publicly announce that the Fifth Schedule does not exist would solve the problem for any further debate which is unnecessary at this moment of time. It is on account of the imposition of the Fifth Schedule again in West Bengal 2012 after asleep of 56 years and yawning up only now simply goes to show how the innocent (infact ignorant) all hill peoples – tribes, caste and general category, have been taken for a overdrive by the State (both the Centre and State govts. and machinery at its disposal). 

True West Bengal Province was created by the Radcliffe commission (1947) on the basis of the 1935 Act wherein Darjeeling District (acceded area of Sikkim) displayed the indigenous people (Census 1931) as the following constellation of tribes. 

On basis of the named inhabitants of the acceded area of Sikkim  (Darjeeling District) , implied the application of Partially Excluded Area, a political legal reference indicating the people of the area were ‘they’ whereas the British were ‘us’.  It is this difference in ethnicity which paved the legal grounds for constructing the Province of West Bengal and named as such as a reference only for the simple reason East Bengal Province was also founded on the similar basis wherein the Chakma tribes of the Chittagong Hill Tract were ‘they’ and the British ‘us” which accounted for differentiating the two nation states.

Maurice is intelligent enough to perceive the above reality and maybe well informed enough to accept the above narrative but out of sheer political compulsions maybe putting front the Sixth Schedule perspective as a political over spin. But it is doubtful what endgame Enos Das Pradhan is attempting. The immediate indication to allege his projection is the concept of creating a state of Gorkhaland probably based on language (Eighth Schedule) applied to the entire Gorkha population of India, a diabolically vested interest and purely a selfish program and therefore unconstitutionally impossible. 

Gorkhaland may be provided for Darjeeling District and the Dooars if at all the latter is also taken as a contiguous area of the indigenous people of Bhutan (acceded territory) and now constitutionally instituted as Scheduled Tribes.  Therefore a State/UT of Darjeeling & Dooars is a probability while at the same time Darjeeling District as a UT (Art.239) under provisions of the Fifth Schedule (as a Scheduled Area) is the constitutional targeted end of the Absorbed Area Act of 1954 which presently under consideration to be repealed under Justice Shah Commission appointed by the Ministry of Law and Justice. Simply the constitutional interpretation of the Fifth Schedule targets such designated Scheduled Areas destined for integration potentially as States /UT in the Union of India. It is expected Darjeeling District (GTA areas) to be declared Scheduled Area by the President [(Arts. 244(1) Part C & 339] in order to trace the footprint for the people of the District to reach its destination – a UT [Arts. 239 & 371(G)]. 

A Bill seeking to provide this legal provision is pending before both Houses of Parliament since 14 February2013. This Bill seeks to provide the delimitation under Arts. 82,170, 330,332 of ‘The Readjustment of Representation of Scheduled Castes and Scheduled Tribes in Parliamentary and Assembly Constituencies’. 

Simply explained the Bill provides reservation for the additional listed STs (Limbu & Tamang) in the year 2002/03 in the states of Sikkim and West Bengal. In short it is this writer’s belief in understanding the laws regarding new state formations, is the quantum percentage increase of the new list of ST population which legalizes the provisions of determining Scheduled Areas. In brief Scheduled Areas are described as compactly ST populated areas and contiguous areas inhabited by the said STs. It is this provision in the Constitution which qualifies the ST populated Scheduled Areas populated within the largely populated non STs falls within the provisions of the Fifth Schedule.  

Considering the above determent provided by law pertaining to Darjeeling District and the contiguous area the end is in sight for the people for the constitutional provision of a UT. Unfortunately almost all the political parties those demanding Gorkhaland and those in opposition are colour blind to the constitutional perspectives underlined above, regrettably. Gorkhaland is obviously in sight but the target is being overcast by various conflicting interest of political and social organizations demanding Gorkhaland but at the same time discarding it is a paradox the dilemma of which require to be untangled by those truly seeking the State of Gorkhaland and which is being protected infact by the law giver – the Supreme Court of India  which has already addressed the issue by directing the Ministry of Law and Justice to pass the aforesaid Bill into an Act providing the long standing relief -  State /UT of Gorkhaland or what you will.   

Karma T.Pempahishey, popularly known as Hillman The Analyst is a freelance columnist and writer of scores of articles and matters related to the subject as above and others.