TRIPARTITE AGREEMENT WITH GJM SPEAKS ITSELF THAT I AM ILLEGAL –ISSUE DARJEELING

TRIPARTITE AGREEMENT WITH GJM SPEAKS ITSELF THAT I AM ILLEGAL –ISSUE
DARJEELING
- DIPAK DE [HUMAN RIGHTS ACTIVIST; M.PHIL IN HUMAN RIGHTS]

The ‘Khas’ people are existing in Nepal. They are ancient
people – believed to be a section of the Indo-Iranians who originally
belonged to Central Asia. Now they are mixed stock. In Nepal, ‘Khasas’
married also among Mongoloid stock who are ancient ethnic/tribal
people of Nepal and residing everywhere in Nepal. The origin of ‘Khas’
people is unclear in absence of recorded history. ‘Khas’ people are
also called ‘Parbatiya’. Parbatiya means man of hill or man of
mountain. ‘Khas’ is not an ethnic/tribal group, it is a mixed group
(community) and a part of large Nepali community. According to census
1991 of Nepal they were 38.7% of the total population of Nepal (John
Whelpton: 2010). A small section of the existing inhabitants of Kumaon
and Garhwal belong to the ancient Khasa people though speak Kumaoni
language and Garhwali language which are language of the Indo-Aryan
language group (Pahari). Pahari means mountains, hilly areas. Unlike
in Nepal of their counterpart, they are pure Aryan stock in Kumaon and
Garhwal.

Ancient Hindu writings show that a nation known as
‘Khas’ existed during the reign of Narendra Deva of Nepal in the
earliest portion of the twelfth century; again, other old traditions
refer to a country between Kashmir and the Nepal Valley as “the land
of the Khas.” We learn from Brian Hodgson that Khas had been spread
over the whole of the Chaubisia long before the age of Printhwi
Narayan (W. Brook Northey: 1928). *Chaubisia means 24 Kingdoms – on
the western side of Nepal valley (present name Kathmandu valley). The
Brahmans first found their way into Nepal amongst the multitudes of
Indians, fleeing before the Mohammedan invasion in the twelfth
century. There were the first to convert the local people to Hinduism,
and are to-day held in the greatest respect and veneration, being
consulted in all matters by high and low alike ((W. Brook Northey:
1928).

To the earliest and most distinguished of their
original converts they are said to have given the rank and honour of
the ‘Chetri’ order. This order they subsequently further bestowed on
the offspring of Brahmans and the local hill women. It is from this
mixture of the two classes that present powerful ‘Chetri’ class has
sprung. The offspring of the original Khas females and the Brahmans,
with the honours and rank of the second order of Hinduism, got the
patronymic titles of the first order i.e. Brahman. The Chetris are
found all over the country, with a slight preponderance in the extreme
western districts.

The other name of Nepalese is not Gorkha, is not
Gurkha, is not Lahure. ‘Gorkha’ means ‘Gorkha soldier’ of Gorkha
Regiment of Indian Army who is a Nepali mercenary and would not get
prisoners-of-war status and would be treated as criminal according to
human rights philosophy and jurisprudence. So GORKHALAND means land of
the Nepali mercenaries means land of the criminals who are
Nepalese.

This ‘Khas’ people accepted the Hindu caste system
(four-fold varna hierarchy) with Gotras few hundreds year ago
[discovered White Yajur-veda of 1105 A.D., in palm leaf; Part of a
hymn to Vishnu of 1107 A.D. one leaf; Puja-paddhati of 1316 A.D.;
Prayers and mantras of 1317 A.D.]. The Khas society (community)
divided in many parts and recognized by the introduction of “Mulki
Ain” in 1854 at the time of Prime Minister Jang Bahadur Rana – such
as ‘Bahun’ means Brahmans (Parbatiya/hill Brahmans) and
‘Chetri’ (Parbatiya/hill Khatriya), both wear sacred thread of Hindus
(they belong upper caste of Hindus – highest caste is Brahmin, next
caste is Khatriya); Renouncers such as Dashnami Sanyasis, Kanphata
Yogis; Impure (untouchables) such as Kamis (metal workers), Damais
(trailors), Sarkis (cobblers). Khatriya means worrier class. ‘Chetri’
is corrupt form of the Sanskrit word ‘Kshatriya’, and means literally
a fighting man, or fighting class.

The Nepalese hills differed from Kumaon and
Garhwal in the higher standing, enjoyed by hill/parbatiya Brahmans and
Chetris. Hindu monarchy itself could be regarded as another bond. In
the ‘Dibya Upadesh’, Prithvi Narayan had envisaged his kingdom as a
land for Hindus contrasting with Mughal dominated India and the
British successors (Mughals and British polluted India). In the
country Nepal, the King try to enforce certain Hindu values throughout
all of his possessions and promulgated the “Mulki Ain” in 1854. The
main significance of the Code was to commit the state to the
enforcement of a uniform caste-based moral order throughout the
country.

According to Census 1991 of Nepal,
‘Bahuns’ ((Parbatiya/hill Brahmans) were 12.9% and Chetris (Parbatiya/
hill Khatriya) were 16.1% and Impure (untouchable) Kamis were 5.2%,
Damais were 2% and Sarkis were 1.5% of the total population of Nepal.
According to Census 2001 of Nepal, Bahuns were 12.74% and Chetris were
15.8% of the total population of Nepal.

The key position of the Bahuns and Chetris was
strengthened because offspring of Bahun (Brahman) father and Chetri
mother became Bahun, and offspring of a Chetri father and a mother
from one of the Tibeto-Burman speaking hill tribes/local hill women or
the children of Brahman (Bahun) father and local hill women themselves
became Chetris. The eastward drift of the Khas people, whether high
caste or low caste, continued. The Khas raids in the thirteenth and
fourteenth centuries had not led any extensive settlement in the
Kathmandu valley (previous name Nepal valley). From the sixteenth
century onwards, there appears to have been growing Khas presence in
the Valley. There was no real danger by the Newar people, because the
Khasas seemed just one more group to fit into the elaborate set of
divisions already established in the Valley.

A part of this ‘Khas’ people migrated to Darjeeling
district, Jalpaiguri district from Nepal. There were about 5,454
Sarkis in Darjeeling district and 5,257 Sarkis in Jalpaiguri district;
about 31,195 Kamis in Darjeeling district and about 17,560 Kamis in
Jalpaiguri district; about 10,082 Damais in Darjeeling district and
6,543 Damais in Jalpaiguri district, according to Censu 2001 of
India (Rana & Rana: 2009).

“The dominant race in Darjeeling is the Nepalese,
which, with a strength of 134,000* accounts for more than half the
population……The population of Darjeeling is exceedingly heterogeneous.
The majority of the people in the hills are of Mongolian origin,
belonging chiefly to various Nepalese castes, but also including a
large number of Lepchas, Bhotias and Tibetans. Together with these
hillmen are found the denizens of the plains, who have been attracted
to the hills by the prospect of easily acquired wealth, the Madhesias
held in great contempt by the stalwart Nepalese…………” from Bengal
District Gazetteers, Darjeeling by L.S.S.O’MALLEY, 1907. *The report
of Census 1901 of Darjeeling. In this book – mentioned 11,600 Chetris,
5,000 Nepali Brahmans, 9,800 Kamis, 4,600 Damais, 1,800 Sarkis in 1901
were settled in Darjeeling. There is no Gorkha race, Gorkha ethnic/
tribal group, no Gorkha community, no Gorkha caste mentioned in this
book. Actually there is no Gorkha word in this book.

It is the fact, from the above mentioned references,
that the Khas people/community is not belonging to Ethnic/Tribal group
– i.e. Nepali Brahman (Bahun), Chetri (Khatriya), Kamis, Damais and
Sarkis (all are untouchable or lowest caste) are not Ethnic/Tribal.

In paragraph 3 of The Constitution (Scheduled
Castes) Order 1950 (G.O. 19) states: “Nonwithstanding anything
contained in Paragraph 2, no person who professes a religion different
from the Hindu [the Sikh or the Buddhist] religion shall be deemed to
be a member of a Scheduled Caste. In Part – XIX – West Bengal name of
Damai, Kami and Sarki appeared in serial number 14, 26 and 56
respectively – and the names as appeared:
serial no.13 Dabgar, serial no.14 Damai (Nepali), serial no.15 Dhoba,
Dhobi…….. serial no.25 Kadar, serial no.26 Kami (Nepali), serial no.27
Kandra………. serial no.55 Rajwar, serial no.56 Sarki (Nepali), serial no.
57 Sunri (Excluding Saha).

It appears, Government of India and Government of West
Bengal recognized that Khas people are Hindus and Khas untouchable or
lower caste (impure) people Damai, Kami and Sarki are Nepalese. Khas
people are Hindus such as Damai (Nepali), Kami (Nepali) and Sarki
(Nepali), so Bahun (hill Brahman) and Chetri (hill Khatriya) are also
Hindus.

Government of India and Government of West Bengal
recognized that Khas people such as Bahun, Chetri, Damai, Kami and
Sarki, are not ethnic/tribal group and they are Nepalese.

Government of India recognized that Nepalese and so-
called Gorkhas i.e. false, fictitious (untrue, unnatural) so-called
Gorkhas have different identity and they are separate. The following
advertisement is the evidence that in the eye of the Government of
India Nepalese and false, fictitious (untrue, unnatural) so-called
Gorkhas are separate:

INDIAN COAST GUARD
The advertisement in the newspaper BARTAMAN (Bengali daily) in
Calcutta on 2nd July 2011, Saturday to Join as Enrolled Personnel in
Navik (GD/DB) Batch-01-2012 (Training Commencing Feb-2012). In this
advertisement you have mentioned –

Applications are invited from male Indian nationals possessing
educational qualifications and age, as prescribed below, for
recruitment to the post of Navik (General Duty) and Navik (Domestic
Branch) in the Indian Coast Guard, an Armed Force of the Union………………….
……
…….Medical Standards: Minimum height 157 cms. (May be reduced by 5 cms
in the case of Gorkhas, Nepalese, Assamese including those from
Nagaland, Mizoram, Maghalaya, Arunachal Pradesh, Manipur, Tripura,
Garhwal, Sikkim, local tribals of Andaman & Nicobar and …….last date
of receipt of Application 25 July 2011.

Government of India and Government of West Bengal signed
the Tripartite Agreement with the Gorkha Janmukti Morcha on 18th July
2011 for the formation of GTA (Gorkhaland Territorial Administration)
in Darjeeling recognizing the Damai (Nepali), Kami (Nepali) and Sarki
(Nepali) as so-called Gorkhas. THIS TRIPARTITE AGREEMENT ITSELF
SPEAKING – “I AM ILLEGAL.”

Where is the Authority of the Government of India and
Government of West Bengal to NULLIFY the Constitution (Schedule
Castes) Order 1950 without due procedure of law?

In the paragraph 8 (eight) of the said Tripartite
Agreement dated 18th July 2011 mentioned as (received through
Internet, so check with the original) -
“Regarding the Tribal status to Gorkhas except the
Scheduled Castes, the GJM or any organization representing the Gorkhas
will make an application to the Backward Classes Welfare Department of
the State Government, which is the authority to process such claims………
The Government of India will consider for granting ST status to all
the Gorkhas excepting SC.”

Where is the AUTHORITY of the Government of India and
Government of West Bengal to declare the HINDU upper caste of the
Nepalese Khas people (hill people) (such as Hindu Brahman ‘Bahun’,
Hindu Khatriya ‘Chetri’ WHO ARE NOT EHTNIC/TRIBAL GROUP, WHO EMBRACED
THE HINDU CASTE SYSTEM WITH GOTRAS few hundred years ago) as false,
fictitious (untrue, unnatural) so-called Gorkhas and declare them as
Ethnic/Tribal group?

Gorkha Janmukti Morcha (GJM) stated that all false,
fictitious (untrue, unnatural) so-called Gorkhas are an Ethnic/Tribal
group!!!

To establish their demand GJM published in Internet
the following story which can believe only a raving lunatic -
Gorkhas Janmukti Morcha (GJM) stated in writing (in the
website) that only the Hill tribals are so-called Gorkhas. In the
website GJM mentioned - “it was not only the Lepchas, who were the
original inhabitants of Sikkim, it was also the Bhutias, Limboos and
the Mangars too……As Darjeeling district was a part of Sikkim, there no
reason to believe that apart from the Lepchas, the other three tribes
mentioned above were not present in Darjeeling……… Now, over the years,
all these four tribes including other hill tribes have assimilated
into one large ‘Gorkha’ community…”

GJM stated that the false, fictitious (untrue,
unnatural) so-called Gorkhas generated in Darjeeling hills!! When the
so-called Gorkhas generated or got birth in Darjeeling hills? - It is
not mentioned!! GJM stated that the other hill ethnic/tribal groups in
contact with the hill ethnic/tribals groups such as Lepachas, Mangars
(Magars), Bhutias and Limboos in Darjeeling hills, jointly formed the
false, fictitious (untrue, unnatural) so-called Gorkhas!!!!

It is the fact that ethnic/tribal group Lepchas are
demonstrating in Kolkata for the last two years (since 2010) to raise
their demands including protection of their Identity and they never
claimed that they are false, fictitious (untrue, unnatural) so-called
Gorkhas.

It is to be noted that GJM used the word “assimilated”
and not the word “formed”. ‘Assimilated’ means all ethnic/tribal
groups lost the identities and made one ethnic/tribal group and this
ethnic/tribal group is the ‘community’ – here the ‘Gorkha’ ethnic/
tribal group and it is the ‘Gorkha community’. ‘Formed’ means keeping
intact the identities of ethnic/tribal groups and made a community.
Gorkha Janmukti Morcha (GJM) further mentioned in the website – “The
Gorkha can thus be described as an ethnic community living in Nepal,
India and elsewhere either as Nepalese, Indian or any other
national…………The Gorkhas are a distinct race….”.

Language, culture, customs, traditional dress,
literature etc. cannot be shared with other community or is not
transferrable to other community. Such as language, culture, customs,
traditional dress, literature etc. of Bengalese, Tamils, Gujratis,
Assamiyas, Nepalese etc. cannot be shared with other community or is
not transferrable to other community. So, WHAT ARE the distinct
language, culture, customs, traditional dress, literature etc. of the
false, fictitious (untrue, unnatural) so-called Gorkhas?

[Please read the original documents/papers at your end]
Date: 14/08/2011. Dipak De
[Human Rights Activist; M.Phil in Human Rights; Member of
Amnesty International; United Nations on line volunteer on Human
Rights; National Human Rights Commission, New Delhi in a letter
addressed me as a Human Rights Acitivist]














.