GORKHALAND DEMAND BY PRABHAT JHA IN RAJYA SABHA ON APRIL 21, 2010 AND FALSE, FICTITIOUS GORKHAS

GORKHALAND DEMAND BY PRABHAT JHA IN RAJYA SABHA ON APRIL 21, 2010 AND
FALSE, FICTITIOUS GORKHAS
- DIPAK DE [HUMAN RIGHTS ACTIVIST; M.PHIL IN HUMAN RIGHTS]

Prabhat Jha, member of Rajya Sabha does not know who is a Gorkha? In
spite of that he to move in Rajya Sabha the following Private Members’
Business (Resolution) on April 21, 2010 (please check the original at
your end) –

RAJYA SABHA
LIST OF BUSINESS
Wednesday, April 21, 2010 - 11 A.M.
(FROM 2.30 P.M. TO 5.00 P.M.)
PRIVATE MEMBERS’ BUSINESS (RESOLUTIONS)
3. SHRI PROBHAT JHA to move the following Resolution: -
“Having regard to that facts that –
(iii) The proposed Gorkhaland area in West Bengal i.e. Darjeeling
District and adjoining Dooars are which are under Jalpaiguri District
were parts of two kingdoms of Sikkim and Bhutan before the advent of
the British;
(iv) The Government of India Act, 1919 constituted a Legislative
Council for Bengal but Darjeeling had no representation, as it was
declared in Excluded Area and kept outside the purview of the
Legislative of the Bengal Presidency;
(v) Post Independence, Darjeeling and the Dooars became part of West
Bengal;
(vi) The State Re-organization Commission in 1956 recommended creation
of 14 states on linguistic lines;
(vii) The census of 1951 for Darjeeling District projected the Nepali-
speaking population as a miniscule minority by showing Nepali-speaking
population only 17 percent which as actually 66 percent and thereby
denied them separate state on linguistic lines;
(viii) The Indian Gorkhas having a distinct socio-cultural entity and
concentrated in contiguous districts of North Bengal are fighting for
the formation of a separate State within the Indian Union in order to
preserve, protect and promote their distinct identity;
(ix) The Gorkhas, Bhutias and the Lepchas have a social, cultural and
linguistic affinity with the tribals of Dooars region i.e. Santhals,
Uraons, Mundas, Totas, Rabhas, Meechey and Raj Bangshis and Nepali is
their lingua franca and is spoken throughout the region of Dooars;
(x) The demand, when fulfilled, will ensure the protection of the
Gorkhas’ distinct socio-cultural identity and will bring them into the
mainstream and inculcate a sense of belonging;
(xvii) there is merit in the demand for separate states of Telengana
and Gorkhaland as well as centrally administered Union Territory of
Ladak as it serves the cause of economic viability as well as
administrative convenience.
NEW
DELHI;
V.K. AGNIHOTRI
April 16,
2010
Secretary-General

Prabhat Jha, Member of Rajya Sabha does not know who is a Gorkha? It
is not possible for him to know who is a Gorkha as there is no
existence or there was no existence of Gorkha ethnic group, Gorkha
race, Gorkha caste, Gorkha community or separate identity as Gorkhas
like Nepalese, Assamese, Tamils etc in India, in Nepal and in the
world. In India, other name of Ethnic group is Tribal people.

No Gazette Notification, no Administrative order, no Agreement, no
Resolution in Parliament can create ethnic group or race. Through
natural process ethnic group or race is created. Ethnic group or race
should be real, should be natural AND should not be unreal and
unnatural. In India, other name of Ethnic group is tribal people.

Prabhat Jha, Member of Rajya Sabha does not know who is a Gorkha? It
is not possible for him to know who is Gorkha - in spite of that he
mentioned “the Indian Gorkhas having a distinct socio-cultural entity
and concentrated in contiguous districts of North Bengal are fighting
for the formation of a separate State within the Indian Union in order
to preserve, protect and promote their distinct identity.”

Prabhat Jha has committed offence against the International community
as he violated the International Covenant on Civil and Political
Rights (ICCPR) i.e. the International human rights instrument.
Government of India ratified the International Covenant on Civil and
Political Rights (ICCPR) and International Covenant on Economic,
Social and Cultural Rights (ICESCR). Article 27 of ICCPR reads: ‘In
those States in which ethnic, religious or linguistic minorities
exists, persons belonging to such minorities shall not be denied the
right, in community with the other members of their groups, to enjoy
their own culture, to profess and practice their own religion, or to
use their own language.’

So human rights philosophy and jurisprudence want real, natural ethnic
groups, minorities. In this case, the claiming of Gorkha ethnic group,
Gorkha race, Gorkha caste, Gorkha community or separate identity as
Gorkhas like Nepalese, Assamese, Tamils etc is false and fictitious.

There is no existence of ‘Indian Gorkhas’. WHY THERE IS NO NEPAL’S
GORKHA? WHY THERE IS NO BHUTAN’S GORKHA? WHY THERE IS NO UNITED
KINGDOM’S GORKHA? WHY THERE IS NO UNITED STATES OF AMERCIA’S GORKHA?
WHY THRE IS NO CHINA’S GORKHA? WHY THERE IS NO JAPAN’S GORKHA?

It is seen that in India, there is a section of political leaders, a
section of bureaucrats are protecting, encouraging the false,
fictitious Gorkhas!!!!!. BUT FOR WHAT PURPOSE? Why they are violating
human rights?

Government of India enacted ‘The Protection of Human Rights Act,
1993’ (Act No.10 of 1994) (amended by The Protection of Human Rights
[Amendment] Act 2006, No.43 of 2006, and accordingly established
National Human Rights Commission in New Delhi and the States
established Human Rights Commission in their respective jurisdiction.

Article 2(1)(d) The Protection of Human Rights Act, 1993 reads: “human
rights” means the rights relating to life, liberty, equality and
dignity of the individual guaranteed by the Constitution or embodied
in the International Covenants and enforceable by courts of India.

Article 2(1)(f) reads: “International Covenant” means the
International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights adopted
by the General Assembly of the United Nations on the 16th December,
1966.

[I hope that citizens of India and International community are reading
my articles from all over the world]

Ethnic group and/or race and/or linguistic minority is/are the matter
of international subject and the subject of human rights at present
world. Human rights philosophy and jurisprudence support the unity,
integrity and sovereignty of a nation.

Human Rights today have become increasingly all-encompassing. Today as
never before, and especially in the developing countries of the world,
there is a crying need for respect of all human rights, whether civil,
political, social, economic or cultural, so as to ensure to all people
of the world the enjoyment of a decent life in safety, justice and
dignity. When human rights deprivations take place, we are all
involved; our security and our dignity are being threatened, whether
we try to ignore the aberrations that are being committed, or attempt
to put an end to them.

Human rights are not entirely a domestic affair of individual
countries. They also have an international dimension which has
strengthened the approach in countries whose governments pay lip
service to human rights matters. Most states are signatory to the
numerous international human rights conventions, covenants whose
provisions have become established principles of international law.
The United Nations and other international organizations have also
made human rights an integral part of their peace-making and conflict
resolution initiatives in countries bedeviled by internal wars and
other serious conflicts as well as in prompting the interests of
indigenous, minority and other vulnerable groups all over the world.

General Assembly of United Nations adopted the “Declaration on the
Rights of Persons Belonging to National or Ethnic, Religious and
Linguistic Minorities” in its resolution 47/135 of 18 December 1992 in
pursuance of Article 27 of International Covenant on Civil and
Political Rights (ICCPR).

Article 2(1) of the “Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic Minorities” reads:
‘Persons belonging to national or ethnic, religious and linguistic
minorities (hereinafter referred to as persons belonging to
minorities) have the right to enjoy their own culture, to profess and
practice their own religion, and to use their own language, in private
and in public, freely and without interference or any form of
discrimination.’

Article 2(4) reads: ‘Persons belonging to minorities have the right to
establish and maintain their own associations.’

Article 3(1) reads: ‘Persons belonging to minorities may exercise
their rights, including those set forth in the present Declaration,
individually as well as in community with other members of their
group, without any discrimination.’

Government of India, Government of West Bengal, Indian Coast Guard,
Gorkha Janmukti Morcha, Gokha National Liberation Front etc may submit
documents, papers if any, (including customs, culture, language,
anthropological report etc) in support of Gorkha ethnic group, Gorkha
race, Gorkha community, Gorkha caste, separate identity as Gorkhas
like Nepalese, Assamese, Tamils etc to the Appropriate International
Forum for recognition and approval. Human rights philosophy and
jurisprudence support the unity, integrity and sovereignty of a
nation.

Human Rights are more than a collection of formal norms; they are
dynamic, political, social, economic, juridical as well as moral,
cultural and philosophical conditions which defines the intrinsic
value of man and his inherent dignity.

It is the history and empirical evidence that Nepalese emerged from
Nepal, migrated from Nepal to India and settled all over India,
especially Darjeeling and Sikkim were submerged under the incoming
flood of Nepalese immigrants.

Migration of the Nepalese to Darjeeling from Nepal since the
development of Darjeeling for economic reasons, eventually established
their domination in different sectors of economy and cultural life of
Darjeeling Hills. Rapid population growth of the Nepalese in
Darjeeling district and adjoining areas particularly since the year
1970s, Nepalese adopted the policies of expansion and political
control of North Bengal and for which eventually compelled the
citizens of India of that area to resort resistance. Citizens of India
being threatened by the rapid growth of Nepalese in Darjeeling
district and Jalpaiguri district are now mobilizing themselves for
protection under different banners.

The Nepalese, however, are not homogenous social group. They have been
migrated from different regions of Nepal with the traditional
difference. The development of plural society in any country in the
third world often creates a number of social unrest in its entire
social structure. North Bengal is also experienced the same type of
problems.

According to an estimate and also allegation that about 4 lakhs
Nepalese of citizens of Nepal in Darjeeling district and about 5
lakhs Nepalese of citizens of Nepal in Jalpaiguri district (in the
year 2008) are residing and tens of thousands of these foreigners are
in agitation (1) for the creation of GORKHALAND state by dividing the
state of West Bengal in India and (2) for the expansion of area,
though foreigners have no political right. According to allegation
that a large number of these Nepali foreigners are able to insert
their names in voter list and obtained voter ID cards. Election
results mainly three-subdivision namely Dajeeling, Kalimpong, Kurseong
of Darjeeling district and some parts of Jalpaiguri district are not
acceptable according to human rights philosophy and jurisprudence as
foreigners have no political right and have no right to cast vote in
an Election of democratic process. Citizenship is the key issue for a
meaningful modern democratic state.

[In 1839 Dr. Campbell, a member of the Indian Medical Service, who was
British Resident in Nepal, was transferred to Darjeeling as
Superintendent…………….from the appointment of Dr. Campbell as
Superintendent dates the first immigration of Nepalese from the west
and of plainsmen from the south who flocked into exploit the land
under the even-handed justice administered by Campbell. Formerly,
beyond a few Lepchas and Limbus with the little clearings in the
forests, an occasional raid from Nepal, or a stray visitor from the
table-lands of Tibets, the Darjeeling Hills were practically
uninhabited] – from BENGAL DISTRICT GAZETTEERS, DARJEELING by
L.S.S.O’MALLEY, 1907; published by Government of West Bengal in 2001.

[When in 1869 a rough census was taken of the inhabitants in this
tract, it was found that they aggregated over 22,000 persons……………...The
first regular census of the district as now constituted was carried
out in the cold weather of 1871-72, and the result gave a total
population of 94,712 persons, the average density of the population
being 81 per square mile. When the next census was taken in 1881, the
population had increased to 155,179………………This phenomenal growth of the
population since 1872 is due to two main causes, the development of
the tea industry and the influx of settlers to exploit the waste lands
of the district…………….To this rapidly increasing demand the local
supply of labour was quite unequal; the result was an unexampled
immigration; and the census of 1891 it was found that no less than
88,000 persons residents in the district were born in Nepal] - from
BENGAL DISTRICT GAZETTEERS, DARJEELING by L.S.S.O’MALLEY, 1907;
published by Government of West Bengal in 2001.

[The third race that is principally met with in Darjeeling and the
dominant race, is the Nepalese. The Nepalese are less Mongolian in
appearance than the Bhutias and Lepchas and have an admixture of Aryan
blood. They are an alert and virile race, hard-working and
intelligent. Most of the work on hill tea-gardens is done by the
Nepalese. They dress simply, in loose cotton trousers, a tight jacket,
and a small cotton cap, without bright colours or indeed any at all,
and they cut their hair short. Into a cloth girdle about their they
thrust their curved knife, the kukri. Many of them enlist in the
famous Gurkha regiments…..] - from BENGAL DISTRICT GAZETTEERS,
DARJEELING by L.S.S.O’MALLEY, 1907; published by Government of West
Bengal in 2001

The following claim ‘protection of the Gorkhas’ distinct socio-
cultural identity’ made by Prabhat Jha is false and fictitious as
there is no existence or there was no existence of Gorkha ethnic
group, Gorkha race, Gorkha caste, Gorkha community or separate
identity as Gorkhas like Nepalese, Assamese, Tamils etc in India, in
Nepal and in the world.

Nepal is a multi-ethnic, multi-lingual country.
There are about 103 ethnic groups and castes in Nepal according to
census 2001 of Nepal. There are no Gorkha ethnic group, Gorkha race,
Gorkha caste, Gorkha community, separate identity as Gorkhas like
Nepalese in Nepal. Naturally in India, the existence of Gorkha ethnic
group, Gorkha race, Gorkha caste, Gorkha community, separate identity
as Gorkhas like Nepalese does not arise at all. In India other name of
Ethnic group is Tribal people.

Sunuwars, Jirels, Chepangs, Kusundas, Panchagaule, Tharus, Thakalis,
Gurungs, Magars, Tamangs, Newars, Rai, Limbu, Sherpa, Sonar, Lohar,
Tatma, Lodha, Thami, Darai etc are some of the ethnic groups in
Nepal.

Nepalese of Gorkha Janmukti Morcha (GJM) are claiming that they are
not Nepalese, they are Gorkhas, they belong to Gorkha ethnic group,
they belong to Gorkha race and they have separate identity as Gorkhas
like Nepalese, Assamese etc. According to human rights philosophy,
jurisprudence - the Nepalese of Gorkha Janmukti Morcha have no
identity at present, they are false and fictitious Gorkhas and they
are identity less persons in India; these identity less Nepalese i.e.
false and fictitious Gorkhas are agitating for the creation of
separate state ‘GORKHALAND’ by dividing the state of West Bengal in
India; presence of identity less persons in a country is not safe for
the citizens of that country and also unsafe for the unity, integrity
and sovereignty of that nation.
There is no word “GORKHA” in BENGAL DISTRICT GAZETTEERS, DARJEELING by
L.S.S.O’MALLEY, 1907; published by Government of West Bengal in 2001.
But the word “GURKHA” was mention several times and GURKHA means a
soldier i.e. a Nepali soldier, (Note: since 1815 Nepalese men, the
stock that supplies the Gurkha soldier to the British).

There is no word “GORKHA ethnic group, Gorkha race, Gorkha caste,
Gorkha community in JALPAIGURI DISTRICT ISSUE, 2001, published by
Government of West Bengal, Information Department, in Bengali
language, a Magazine of 380 pages. In this valuable Magazine eminent
writers like Ananda Gopal Ghosh, Sunil Chakraborty, Bimalendu
Mazumder, Arun Bhusan Mazumder, Paritosh Datta, Manik Sanyal, Mukulesh
Sanyal, Subhas Chowdhury, Arnab Sen, Girija Sankar Roy, Sushil Kumar
Rava, Kajiman Gole, Dwarendra Iswarari, Dhaniram Toto, Kitap Singh
Rai, Sunil Paul etc contributed their Articles. It can be said – if we
consider them in a bracket, then we can say that - they are the
authority to say the people who settled in Jalpaiguri District and
when, what are their cultures, customs etc.

Human rights defender/activist will support the minority for the
protection of minority’s ethnic, religious and linguistic identity.
Human rights defender/ activist will promote and encourage respect for
human rights and for fundamental freedoms of the minority. As Nepalese
is the minority community in India, so human rights defender/ activist
will work for the promotion and protection of the ethnic, religious,
customs, tradition, culture, language of the minority Nepalese. At the
same time oppose the false and fictitious Gorkhas and inform the
citizens of India and International community in this matter.

According to census 1991 there was about 20.76 lakhs Nepalese
including citizens of Nepal in India. According to census 2001 there
was about 28.76 lakhs Nepalese including citizens of Nepal in India.
These Nepalese are enjoying their identity, their language, their
culture, their custom without any hindrance in India and there is no
complain raised by Nepalese in this respect from any corner of India.
Government of India and many state governments provided facilities
including use of Nepali language in school and colleges to the
Nepalese in India. Nepali language included in the Eighth Schedule.

Smt. Dil Kumari Bhandari is a Nepali born in Darjeeling on 14th May,
1949 was the Lok Sabha Member of Sikkim state. She represented Sikkim
state from May 1985 – 27 November 1989 and from 20th June, 1991 – 10th
May 1996. In 1992, in the Parliament during the debate on the
Constitution (Amendment) Bill of Amendment of Eighth Schedule for the
inclusion of Nepali language, she said in Parliament –
[….Language has very important place in one’s life. This involves so
much of emotional issue in fact the whole existence of a (perdon), it
is not a correct thing to play cheap gimmicks. If I indulge in such
cheap gimmicks, posterity will never forgive. I, for that matter all
the people who speak Nepali language, are not weak that we will change
the name of our mother tongue merely by suggestions of some ignorant
and fabricated arguments put forward by some vested interests.
In this respect I would like to quote from one document released in
1973 by Shri Subhas Ghisingh, I do not know whether I am allowed to
take his name or not. But I will read from his own document. I quote:
“Jhoota Jati Gorkhali prate Nilojhanda ka general secretary, Subash
Ghising ka Ghor Birod”.
He again said:
“Hami Gorkhali Hoi No” – we are not Gorkhas.
“Hami Nepali” – we are Nepalis.
“We are Nepalis and can preserve our language and culture by remaining
Nepali.”
I do not want anything more, I leave to it to the wisdom of this
august House and the knowledgeable hon. Members of this august
House].
Shri Inderjit was the Member of Parliament from Darjeeling
Parliamentary Constituency and the representative of Gorkha National
Liberation Front (GNLF) under leadership of Shri Subash Ghisingh.
During the debate on the Constitution (Amendment) Bill of Amendment of
Eighth Schedule for the inclusion of Nepali language in 1992, Shri
Inderjit said in Parliament –
[......I get the feeling that adequate thought has not given to the
proposal to include Nepali language in the Eighth Schedule……………Sir,
this Bill needs to be viewed in the first place in the light of the
agitation launched by the Gorkha National Liberation Front and its
leader Mr. Subash Ghisingh, for the establishment of Gorkhland early
in 1986 and its culmination in the historic Darjeeling Gorkha Hill
Council Accord on August 22, 1988. This agitation was not just for a
separate State of Gorkhaland and within India’s borders. Sir, it was a
battle for Identity by the Gorkhas of the Darjeeling Hill areas who
had come to India with the ceded land as also a battle by the Gorkha
National Liberation Front for forging a common national political
platform for the “settled Gorkhas” all over India. Mr. Ghisingh and
his supporters were not prepared to be lebelled as Nepalis……………they,
therefore, asserted that they were Indians and not Nepalis and
demanded that they be formerly recognized as Indians. In other words,
they draw a sharp and clear distinction between those who were
“settled Gorkhas” of India and Indians and those who were Nepali
nationals residing in India in accordance with Article VII of the Indo
Nepal Treaty and described as “reciprocal Nepalis”. The Government of
India issued on August 23, 1988 a Gazette Notification declaring all
the “settled Gorkhas” to be Indians…………
………….In fact, we discovered during the last general election that many
“reciprocal nepalis” had managed to get their names included in the
electoral rolls and had voted. This issue was subsequently taken up by
Mr. Ghisingh with the Chief Election Commissioner in my presence in a
letter personally delivered to Mr. Sesan on July 18, 1991…].

According to Human Rights philosophy and jurisprudence, the four
tripartite meetings which were held on 8th September 2008, 29th
December 2008, 11th August 2009 and 21st December 2009 AND one
political meeting on 18th March 2010 (wherein two Central Government
ministers and two West Bengal State Government ministers and Home
Secretary of West Bengal State present) between Government of India,
Government of West Bengal and Gorkha Janmukti Morcha are void abinitio
as there is no existence/there was no existence of Gorkha race, Gorkha
ethnic group, Gorkha caste, Gorkha community or separate identity as
Gorkhas like Nepalese, Assamese, Tamils etc in India, in Nepal and in
the World.

Gokha Janmukti Morcha (GJM) formed on 7th October, 2007 under
leadership of Bimal Gurung as President. GJM is the break-away faction
of Gorkha National Liberation Front (GNLF). GNLF was formed on 30th
July, 1980 under leadership of Subash Ghisingh as President.

Reader of this Article please read the originals at your end.
Date: 02/05/2010. Dipak De
[Human Rights Activist; M.Phil in Human Rights; Member of
Amnesty International; United Nations on line volunteer on Human
Rights; in touch with: Asian Human Rights Commission, Hongkong]


















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