LAST WEEK, the Home Ministry issued a communication citing a 1950
treaty between India and Nepal, and stating that Gorkhas living in India
cannot be referred to Foreigners Tribunals in Assam. A look at how the
treaty allows Nepali citizens to live in India, and how India’s Gorkha
citizens, including those in Assam, are distinct from them:
Who are Gorkhas?
Gorkhas (or Gurkhas) are Nepali-origin people who take their name
from the 8th-century Hindu warrior-saint Guru Gorakhnath and from the
Nepal hill town of Gorkha. In India, the word is sometimes used to make a
distinction between Indian Gorkhas, who are citizens of India, and
Nepali citizens who are living in India.
Who, then, are the Indian Gorkhas?
Most of them are descendants of Gorkhas settled in India during
British rule. The British Army had raised several Gorkha units in India.
After Independence and Partition, six regiments from the British Army’s
Brigade of Gurkhas were transferred to the Indian Army under a
Tripartite Agreement (1947) among the British, India and Nepal. In a
notification issued on August 23, 1988, the Home Ministry clarified that
Gorkhas domiciled in India at the the time of commencement of the
Constitution, and those born in India, or born to one or both parents
born in India, are citizens of India. West Bengal has the highest number
of Nepali-speaking citizens, and Sikkim the highest density.
And who are the Nepali citizens living in India?
These are migrants legally living in the country. According to the
External Affairs Ministry, nearly 6 million Nepali citizens live and
work in India. The Indo-Nepal Treaty of Peace and Friendship (1950)
permits, “on a reciprocal basis, 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”.
When did Gorkhas settle in Assam?
The first large flush of Nepali-speaking persons came in the form of
soldiers in the Gorkha Corps when the British annexed Assam in 1826. The
British raised the Assam Light Infantry which had two Gorkha companies.
The Assam Rifles, born as Cachar Levy in 1835, recruited several
Gorkhas. Others were brought as workers in sectors and occupations
including tea cultivation, laying of railway tracks, oil and coal
industries, and as porters, herdsmen or marginal farmers. The apex body
Assam Gorkha Sammelan estimates around 20-22 lakh Gorkhas are living in
the state.
The first president of the Assam Pradesh Congress Committee, Chobilal
Upadhyay, was an India-born member of the community. Leaders of the
community have also been elected to the Assam Assembly and Parliament,
including sitting MP from Tezpur R P Sharma.
What has prompted the Home Ministry to issue a clarification about Gorkhas in Assam now?
At a time when the National Register of Citizens (NRC)
is being updated, the All Assam Gorkha Students’ Union made a
representation to the ministry about members of the community being
referred to Foreigners Tribunals. The ministry cited the Foreigners Act
(1946) and the 1950 treaty to state that Gorkhas cannot be referred to
these tribunals. rffectively covering both Indian and Nepali citizens.
It stated that “any member of the Gorkha community holding Nepalese
nationality and who has arrived in India by land or air over the Nepal
border even without a passport or visa and staying in India for any
length of time” shall not be treated as an illegal migrant if he/she has
documents such as a Nepalese passport, Nepalese citizenship
certificate, Nepalese voter card and others.
Are the Gorkhas eligible for inclusion in the Assam NRC?
The Indian Gorkhas of Assam are eligible, by virtue of being Indian
citizens. The Nepali citizens are not eligible for inclusion, although
they are legal migrants and the 1950 treaty protects them from referral
to a Foreigners Tribunal.
How many have been excluded or referred?
Assam Gorkha Sammelan general secretary Kishore Upadhyay, also an
Assam BJP secretary, says around 1.5 lakh applicants of the community
have been excluded from the NRC, out of whom around 50,000 are doubtful
voters or ‘D’ voters (a category introduced in the electoral rolls of
Assam in 1997 for people served a notice by Foreigners Tribunals). A ‘D’
voter is automatically left out of the NRC until his/her name gets
cleared. Nepali citizens are not eligible for voting, and this was the
ground on which Election Commission had marked several Nepali-speaking
people as ‘D’ voters. Gorkha organisations, however, allege that the
process of marking ‘D’ voters was arbitrary.
A prominent example is retired defence personnel Bir Bahadur Thapa,
57, of Morigaon district, who told The Indian Express: “I had submitted
all documents, including my Army documents, yet my name has been
excluded from NRC final draft.” Thapa and seven other individuals of
various communities have moved the Supreme Court, which has issued
notice to the Centre, the state, the Registrar General and the NRC state
coordinator.
What is the Indian Gorkhas’ stand on Nepali citizens in India?
In the Darjeeling Hills, leaders of the Gorkhaland agitation for
statehood have been protesting against the 1950 Treaty, particularly
Clause 7 that allows citizens of the two countries to live without
hindrance in either country. Their stand was that Indian Nepalis too are
mistakenly identified as foreigners.
In Assam, All Assam Gorkha Students’ Union president Prem Tamang
said: “Because of the treaty, Gorkha people living in India from the
early 1900s are being compared with Nepal-origin people who came to
India recently. We believe that in Assam the cutoff should be 1971,
irrespective of the treaty,” he said. All Assam Students’ Union adviser
Samujjal Bhattacharya too opposed the treaty and stressed the
distinction between Assam’s Gorkhas and Nepali citizens. “The Gorkha
people settled in Assam for ages are part of Assamese society and
culture,” he said.
https://indianexpress.com
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