Why Gorkhaland ? - 1950's Indo-Nepal Treaty

Claim of heavy influx from Nepal into Darjeeling adjoining Indian land using Indo-Nepal Peace and Friendship Treaty as immunity has come under limelight once again when Gorkha Janamukti Morcha( GJM), an organization representing mainly Nepali speaking people have set Darjeeling under deep political turmoil with its demand of separate statehood.   "Separate Gorkhaland movement is a demand of self governance of Indian Nepali speaking community. But how many members of the movement activists and supporting mob are Indian citizens? Why Government is reluctant in ascertaining that and hit the problem at its root cause?" asked Dr. D P Kar, President of a major social activists group Janachetana. The organization has taken the matter to Kolkata High court under lights of Indo-Nepal treaty 1950.

According to Dr. Kar, under article VI and VII of Indo-Nepal treaty 1950, Gorkhas from Nepal get certain civic rights in India but, not Citizenship. The Extra Ordinary Gazette notification of GOI Part 1, Section-1, Date 23rd August 1988, No. 26011/6/88-IC.I clarifies that Gorkhas, either born or resident of India for 5 years before 26.01.1950 (Commencement of Indian Constitution) only, shall be a citizens of India. Interestingly, as per census, "Darjeeling district had nearly 775% population growth between 1951 to 2001 against 184.19% national average for the period. This proves influx of huge number of non-Indian treaty beneficiaries. But almost everyone of them was put into Indian voter list giving an unnatural growth of over 9.5 lakh voters in Darjeeling parliamentary constituency area during 1955-99," said Dr. Kar. As a matter of fact, at no entry point at open Indo-Nepal border, official identity of anyone coming into India is neither checked nor kept into record.

"Naturally, lion's share of the populace asking for separate state or self reliance are not at all legally Indian citizens," he added.   Following Janachetna's petition, Kolkata High court took the matter into cognizance and directed authorities including state, center and election commission to respond. But, "Even before end of the entire proceeding, Government preferred signing Gorkhaland Territorial Administration Act, conducting GTA election or forming the GTA body. But as we apprehended, these could not at all solve the problem," said Dr. Kar.   "Hence, along with strict measure to maintain law and order, a comprehensive program has to be taken up to solve the identity crisis of Nepali speaking people who are truly Indian Citizens," demanded Dr. Kar.   However, while leaders in TMC camp remained silent on the issue, left front constituents accepted the logic of Janachetna.