Missive to Assam on Nepali people

VIVEK CHHETRI - 12 Oct 2018, Darjeeling: The Union home ministry has issued a clarification to the Assam government, saying Nepali speaking people in the state, irrespective of whether they are citizens of India or Nepal, should not be referred to Foreigners Tribunal.

The clarification, which was issued on September 24, virtually provides blanket immunity to the Nepali speaking population in Assam from being labelled as "immigrants".

A statement issued by the Union home ministry through the Press Information Bureau (PIB) on Wednesday says the clarification has been made following a representation made from the All Assam Gorkha Students' Union (AAGSU) to Rajnath Singh, Union home minister, recently.

Prem Tamang, the president of the AASGSU, speaking over the phone from Guwahati, said: "So far Gorkhas who are Indian citizens, too, were being referred to Foreigners Tribunal to prove their citizenship." The clarification, however, states: "...the members of the Gorkha community who were Indian citizens at the time of commencement of the Constitution, or those who are Indian citizens by birth, or those who have acquired Indian citizenship by registration or naturalization in accordance with the provisions of The Citizenship Act, 1955 are not "foreigners," ......, therefore, such cases will not be referred to the Foreigners Tribunals." However, the more important clarification is that even citizens of Nepal, will "not be treated as illegal migrant" if the person can prove his Nepal citizenship.

"It further emphasized that any member of Gorkha community holding Nepalese nationality and who has arrived in India by land or air over the Nepal border even without a passport or visa and staying in India for any length of time shall not be treated as an illegal migrant....," the home ministry statement states.

The Union government has said clarification is in tune with the India-Nepal (Friendship) Treatry, 1950, that allows for free movement of citizens and conduct of business, in each other's territory.

"The communication essentially also means that Nepalese citizens residing in India will not be deported and the citizenship issue of Gorkhas from India and Nepal will not be referred to the Foreigners Tribunal," said Munish Tamang, working president, Bharatiya Gorkha Parisangh (BGP), an apolitical outfit.

BGP was also part of the AAGSU delegation to Union home minister.

"The communication clarified that only those individuals, who have come from specified territories i.e. territories included in Bangladesh immediately before commencement of the Citizenship (Amendment) Act, 1985, to the State of Assam, and are not Indian citi- zens, can be referred to the Foreigners tribunals," the statement adds.

Munish said: "We would, however, want the Centre to issue a gazette notification on this and make it applicable throughout the country and not just in Assam." It may, however, be noted that political parties based in Darjeeling hills wants the free movement clause to be scrapped from the 1950 IndiaNepal treaty. This is essentially because the hill based parties believe that the presence of Nepalese citizens has blurred the identity of Nepali speaking Indian citizens.