Assam delay piles Gorkha NRC ache

VIVEK CHHETRI , TT, 4 September 2019, Darjeeling: The Assam government's delay in implementing a notification of the Union home ministry has created a dichotomy for Nepali-speaking people in Assam whose names have not figured in (the National Register of Citizens (NRC). 

According to Munish Tamang, working president of the Bharatiya Gorkha Parisangh (BGP), the home ministry had issued a notification on October 10, 2018, saying Nepali-origin people cannot be tried in foreigners' tribunals. 

The Parisangh has claimed that over 1 lakh Gorkhas from Assam have been left out of the NRC. 

Those not listed have to approach the 300 foreigners' tribunals set up across Assam to get their names cleared, after which they can also exhaust all other legal options. 

The notification was issued in October 2018 but the Assam government has not yet acted on it. 

"The Assam government did not file a writ petition before the proper division bench of the high court seeking withdrawal of cases from foreigners' tribunals," said Tamang. 

Explaining the matter further, Tamang said: "L.S. Changsen, the then commissioner & secretary home & political, Assam government, had filed an IA (interlocutory application) before the FT Monitoring Bench. The Bench disposed the case and advised the Assam government to file a fresh case. Assam government is yet to file a fresh case," said Tamang. 

The Union home ministry had issued the directive as Indo-Nepal Friendship Treaty, 1950, allows for free movement of citizens in each other's territory. This essentially means even a citizen of Nepal, who is a foreigner, cannot be termed as "illegal immigrant" in India and vice-versa. 

At this juncture, this issue has created a dichotomy for those Nepali speaking people whose names have not been included in NRC list. 

On one hand the Union home ministry notification essentially means that no Nepali speaking people, even if he is a foreigner can be termed "illegal immigrant". 

However, if the order is implemented, it is still not clear, how a Nepali speaking person would need to address his grievances by-passing the Foreigners Tribunal. 

"The issue of NRC is complex, there are layers of complexity in every case and I guess this is one layer of complexity," said Tamang. 

The BGP recently met officials of the Union home ministry in Delhi and raised this issue. 

Nanda Kirati Dewan, national secretary, (youth affairs), BGP said:"Instead of taking such cases to Foreigner Tribunal- the quasi judicial system, the ministry of home affairs could set up could set up a high-powered committee to address such issues (for Nepali speaking)." 

Tamang is of the opinion that the " major chunk " Nepali speaking people whose name has not figured in the NRC are those whose names were listed as Doubtful (D) voters. "

Anyone whose name is listed as D-voter was automatically excluded from NRC. The first task is to remove their names front D-voter list so that they can file for inclusion in NRC," said Tamang. "Removing names from D voters would help solve a major problem."