Gorkha woman born in Assam declared infiltrator from B’desh

Tanka Maya Newar
Guwahati: Since November 14 last, Tanka Maya Newar, a 51-year-old Gorkha woman from Assam’s Udalguri district, is trying hard to figure out how she could be declared as a foreigner who entered the state from Bangladesh after March 25, 1971 — the cutoff date for detecting and deporting illegal migrants — despite being a ‘bonafide’ citizen.
Born in Nunaikhuti village of Udalguri near Bhutan in 1968, Tanka Maya lost her husband, Tika Ram Newar, nine years ago. Since then, she had been doing odd jobs as a daily wager to run her family. The November 14 order of the Udalguri foreigners’ tribunal, which stated that she entered Assam from Bangladesh after March 25, 1971 and ‘should be pushed back to the country of her origin in due process of law’, has not only compounded her miseries but also also put her identity at stake.

“My father Dal Bahadur’s native village is Nunaikhuti and his name figured on the National Register of Citizens (NRC)’s legacy data of 1971. What disturbs me the most is that I was declared a foreigner despite being born in the state and belonging to the Gorkha community,” said Tanka Maya, a resident of No. 2 Samrang village in Udalguri. She is, however, fortunate that till now she has not been pushed back into Bangladesh or put in a detention camp.

She added, “I am somehow managing my family’s expenses by doing odd jobs in tea gardens. In such a situation, the judgment of the tribunal came as a big blow to me,” said the mother of two daughters, one of whom is married to an Assamese from a nearby village.

Dipak Nirola, secretary of Gorkha Sammelan that represents the 25-lakh strong community in the state, said, “Gorkhas, who are the backbone of the Indian armed forces and engaged in the country’s security, cannot be declared as foreigners as along as the Indo-Nepal peace and friendship treaty of 1950 is in force.” Article 7 of the treaty states, “The Governments of India and Nepal agree to grant, on reciprocal basis, to the nationals of one country in the territories of the other the same privileges in the matter of residence, ownership of property, participation in trade and commerce, movement and other privileges of a similar nature”.

Nirola alleged that members of the Gorkha community, despite living in the state for generations, were being arbitrarily tagged as doubtful ‘D’ voters. It is estimated that over 2,000 Gorkhas, including those whom served in the Army and central paramilitary forces, have been declared as ‘D’ voters. Again, many others have given up their legal battle to prove their nationality after spending money for years without any result.

The Assam Accord of 1985, signed after a six-year-long anti-foreigners’ movement, has set March 24, 1971 as the cutoff date for detection and deportation of foreigners. The Citizenship Act, 1955, has special provisions for Assam that treats anyone who entered the state from Bangladesh after January 1, 1966, but before March 25, 1971, as an Indian citizen.

In October last, the Union home ministry, in a notification, had said that 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’ and therefore, such cases will not be referred to foreigners tribunals.

Last month, Mostimaya Limbu, a Gorkha woman from Golaghat district, was released from a detention camp in Jorhat after the Union home ministry’s notification.

The presence of the Gorkhas in the northeast dates back to the early 19th century. After the Sugauli Treaty of 1815, Gorkhas were recruited by the Bristish in the Assam Light Infantry and brought to the state and other parts of the northeast. In the early 20th century, many Gorkhas settled in various parts of Assam as grazers.(TOI)

November 14 last, Tanka Maya Newar, a 51-year-old Gorkha woman from Assam’s Udalguri district, is trying hard to figure out how she could be declared as a foreigner who entered the state from Bangladesh after March 25, 1971 — the cutoff date for detecting and deporting illegal migrants — despite being a ‘bonafide’ citizen.

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