MALAYASIA, INDONESIA, BOLIVIA, SUDAN SHOULD ALERT: GTA BILL OF DARJEELING IN INDIA

[DIPAK DE]

Fw: UNCONSTITUTIONAL GORKHALAND TERRITORIAL ADMINISTRATION BILL


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Message flagged Friday, 2 March 2012 9:02 PM
TO
ALL HUMAN RIGHTS ORGANIZATIONS,
HUMAN RIGHTS ACTIVISTS/DEFENDENTS

FOR INFORMATION

Date: 02/03/2012 Dipak
De

[Human Rights activist]

----- Forwarded Message -----
From: Dipak De <dipa...@yahoo.com>
To: "chai...@nic.in" <chai...@nic.in>
Sent: Friday, 2 March 2012 8:41 PM
Subject: Fw: UNCONSTITUTIONAL GORKHALAND TERRITORIAL ADMINISTRATION
BILL


----- Forwarded Message -----
From: Dipak De <dipa...@yahoo.com>
To: "presiden...@rb.nic.in" <presiden...@rb.nic.in>
Cc: "h...@nic.in" <h...@nic.in>; "gover...@nic.in" <governor-
w...@nic.in>; "pm...@pmo.nic.in" <pm...@pmo.nic.in>
Sent: Friday, 2 March 2012 8:04 PM
Subject: UNCONSTITUTIONAL GORKHALAND TERRITORIAL ADMINISTRATION BILL

To
Hon’ble President of India,
Smt. Pratibha Devisingh Patil, (THIS IS A PETITION)
Rastrapati Bhavan,
New Delhi.
URGENT

Sub: Gorkhaland Territorial Administration (GTA) Bill –
unconstitutional bill; grossly violation of human rights; committing
crime of genocide; violation of secularism principle of India;
violation of principle to protect heritage name; violation of
established democratic norms; agreement with the organization of
false, fictitious (untrue, unnatural) so-called Gorkhas; ignoring the
International community; ignoring the United Nations.

Respected Madam,

There is no provision in the CONSTITUTION OF INDIA
that Government can hold meeting, make agreement with the false and
fictitious (untrue, unnatural) ethnic/tribal group, race, community
especially on the matter of development, law and order including on
the matter of allowing administrative power such as handing over
government departments and allowing legislative power, bureaucratic
power, allowing fund, allotment of area to them, form any committee
for transfer of power or identification of people etc.

There is no existence and/or there was no existence of
Gorkha ethnic/tribal group, Gorkha race, Gorkha caste, Gorkha
community, Gorkha lineage/stock in India, in Nepal and in the world
according to census reports history, records, empirical evidence etc.
of India and Nepal. There is existence of Nepalese, Tamils, Bengalese,
Assamese, Gujratese etc. community in the world.

In spite of that - violating basic democratic norms,
grossly violating human rights, violating SECULARISM principle of
India, violating to protect heritage name and place of historic
importance, committing crime of genocide (Crimes against Peace and
Security of Mankind 1996) a Tripartite Agreement made on 18th July
2011, Monday at Pintail (village) in Siliguri of Darjeeling district
of West Bengal state in India between Government of India, Government
of West Bengal and Gorkha Janmukti Morcha, the organisation of false,
fictitious (untrue, unnatural) so-called Gorkhas, for the formation of
“Gorkhaland Territorial Administration” (GTA) in three hill sub-
divisions of Darjeeling, Kalimpong, Kurseong and 13 mouzas of Siliguri
sub-divisions in West Bengal state of India.

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. After the Indo-Nepal Treaty
in 31st July 1950 Nepalese of Nepal are entering India incessantly
particularly in Darjeeling district, Jalpaiguri district, Sikkim, many
states of North-East India.

DISTINCT PROPERTIES
Nepali origin means by birth, he/she is a Nepali and
it is his/her father’s, grand-father’s, ancestor’s identity. Similarly
there is Bengali origin, Assamese origin, Tamil origin, Marathi origin
etc. The matter of ‘by birth’ is not shareable, transferrable and
changeable. Nepali community has distinct properties such as
traditional dress, customs, culture, language (Nepali Language), folk-
lore, behaviour etc like Bengalese, Tamils, Gujratis, Assamese etc.
and these properties cannot be shared. What are the distinct
properties of so-called Gorkhas?

But according to Union Home Minister P. Chidambaram,
Chief Minister of Government of West Bengal Mamata Banerjee and
Gorkha Janmukti Morcha (the organisation of false, fictitious [untrue,
unnatural] so-called Gorkhas], the matter of ‘by birth’ is shareable,
transferrable and changeable and that can be done in day and night,
place to place etc. Example – a section of Nepalese introducing in
Darjeeling that they are not Nepalese, they are Gorkhas; the same
Nepali/or his brother, sister, person of direct blood relation
introducing in Nepal, Sikkim, Kolkata, Guwahati, New Delhi, Mumbai,
Bangalore, London, Paris, Japan, France, Australia, U.S.A. that he/she
is Nepali.
HON'BLE P.
CHIDAMBARAM
Union Home Minister P. Chidambaram is a Tamil, it
is the fact. He is a Tamil by birth i.e. his father’s identity is a
Tamil. The same P. Chidambaram, by his act, is saying that his son
could be Gujrati, Sinhali, Bengali etc. and his son can change his
father’s identity and accordingly P. Chidambaram directed to sign the
Tripartite Agreement on 18th July 2011 to form GTA in Darjeeling i.e.
a Nepali can change, transfer his/her father’s identity day and night,
place to place etc.

HON'BLE MAMATA BANERJEE
Chief Minister of West Bengal Mamata Banerjee is a
Bengali by birth i.e. her father’s identity is a Bengali. Now she, by
her act, is saying that her brother could claim that he is a Kangali
or Badami or Khejuri or Tamil as he likes i.e. her brother can change
her father’s identity, and accordingly Mamata Banerjee directed to
sign the Tripartite Agreement on 18th July 2011 to form GTA in
Darjeeling i.e. a Nepali can change, transfer his/her father’s
identity day and night, place to place etc.

INTERNATIONAL AGREEMENT
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.’

Human rights philosophy and jurisprudence want real,
natural ethnic/tribal group, race and community and oppose the unreal,
unnatural ethnic/tribal group, race, community and inform the citizens
of that country and International community on this matter.

No Gazette Notification, no Administrative order, no
Agreement, no Resolution in Parliament/Assembly can create ethnic/
tribal group or race or community. Through natural process ethnic/
tribal group or race is created. Ethnic/tribal group or race or
community should be real, should be natural AND should not be unreal
and unnatural.

According to Union Home Minister P. Chidambaram, Chief
Minister of Government of West Bengal Mamata Banerjee and Gorkha
Janmukti Morcha (the organisation of false, fictitious [untrue,
unnatural] so-called Gorkhas] – there are (1) Indian Nepalese, (2)
Foreigner Nepalese and (3) so-called Gorkhas are existing in India. To
identify the so-called Gorkhas in Darjeeling, Terai and Dooars i.e.
false, fictitious [untrue, unnatural] so-called Gorkhas, the
‘Territorial Panel’ is formed on 29th July 2011 under former justice
Shyamal Sen. BUT according to citizens of India, International
community, there are (1) Indian Nepalese and (2) foreigner Nepalese
are existing in India.

Nepalese of Gorkha Janmukti Morcha (GJM) are claiming
that they are not Nepalese, they are Gorkhas, they belong to Gorkha
ethnic/tribal group, they belong to Gorkha race, they belong to Gorkha
community and they have separate identity as Gorkhas like Nepalese,
Assamese, Bengalese, Tamils etc. According to human rights’
philosophy, jurisprudence - the Nepalese of Gorkha Janmukti Morcha
have no identity at present, they are false and fictitious (untrue,
unnatural) so-called Gorkhas and they are IDENTITY LESS persons in
India; these identity less persons i.e. false and fictitious (untrue,
unnatural) so-called 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.

GOVERNMENT OF WEST BENGAL
[Until the recent happenings, the four major
communities in the hills and plains of Darjeeling district – the
Nepalis, the Tribals, the Bengalis, and the original inhabitants
(Mech, Rajbanshi, Lepcha, Bhutia etc) – lived peacefully and amicably]
- (from the white paper ‘GORKHALAND AGITATION, THE ISSUES, An
Information Document’, published by Government of West Bengal, 1986).

GOVERNMENT OF INDIA
CENTRAL GOVERNMENT (from the white paper ‘GORKHALAND AGITATION, THE
ISSUES, An Information Document’, published by Government of West
Bengal, 1986)
[Specific questions were asked in Lok Sabha on 13th August, 1986,
requesting for unequivocal statement on – (a) whether the Indo-Nepal
Treaty in any way affects the citizenship rights of the Nepali-
speaking Indians, and (b) whether the central government considers
this agitation on Gorkhaland as ‘anti-national’ and ‘secessionist’ in
character and scope. The reply given by P. Chidambaram, Minister of
State, Ministry of Home Affairs to the first question was categorical
that the Treaty does not adversely affect the Indian citizens who
speak Nepali:
“We have made it very clear that the Nepali-speaking Indian citizens
are as much as the other Indian citizens are. The people of Nepali
origin, who have got citizenship rights are citizens of India and they
are entitled for all the rights and privileges of Indian citizens. As
Prime Minister has just said, this Treaty in no way affects Indian
citizens of Nepali origin. Article 6 and 7 of the Treaty provide
reciprocal rights to Indians in Nepal and Nepalis in India. Nepalis
who have come to India and who have remained here for a long number of
years, but are not yet citizens would be greatly affected if the
treaty is abrogated.” ]

Crime against Peace and Security of Mankind (Crime of Genocide):
Article 17 of Draft Code of Crimes against the Peace and
Security of Mankind 1996 reads – Crime of genocide – A crime of
genocide means any of the following acts committed with intent to
destroy, in whole or in part, a national, ethnic, racial or religious
group as such –…………Article 17(e) reads – “Forcibly transferring
children of the group to another group.”

Convention on the Prevention and Punishment of the
Crime of Genocide, and Text of the Convention was adopted on 9
December 1948 having considered the declaration made by the General
Assembly of the United Nations in its resolution 96(1) dated 11
December 1946 stated that genocide is a crime under International law,
contrary to the spirit and aims of the United Nations and condemned by
the civilized world. Article II (e) reads – “Forcibly transferring
children of the group to another group.”

Committing of Genocides can be done by of way of non-
violence also. Forcibly transferring does not necessarily require
physical force but means transferring of children from one group
(community) to another group (community) without consent – it is to be
noted that children has no ability to give consent and the birth right
of a child should be kept undisturbed/unaltered). The real meaning of
crime of genocide is that one cannot destroy, in whole or in part, a
national, ethnic, racial or religious group in this world. In this
case, the birth right of the children of Nepali community (group)
should be kept undisturbed/unaltered and should not be transferred to
artificially created false, fictitious (unreal, unnatural) so-called
“Gorkha” community (group).

HERITAGE NAME DARJEELING
The name of Darjeeling has reach heritage. There
are rules and regulations to change the heritage name or delete the
name. Government of India and Government of West Bengal have never
followed the above instructions. In 1953, Government of India has
issued instruction on place name as –
“....there should be a uniform procedure for changing the
names of places and ..... names of villages having historical
connection should not be changed as far as possible; further a change
should not be made merely on grounds of local patriotism or for
linguistic reasons....... while recommending any change the state
government should furnish detailed reasons for proposing a change in
the name and for selecting a new name.......... it was eminently
desirable that where an ancient place had fallen into decay and with
it the old name has also fallen into disuse, the ancient name should
be restored.”

SECULARISM PRINCIPLE
According to legend, there was a monastery named
“Dorje-ling”, built in circa 1765 A.D. in Darjeeling when this place
was within the territory of Sikkim Kingdom and Lamaist Buddhism was
the State religion of Sikkim; this monastery was demolished by Nepali
soldiers in circa 1815 A.D. who were Hindus; the name of Darjeeling
emerged from this ‘Dorje-ling’ monastery. The ‘Dorje’ (bazra) i.e.
thunderbolt in Buddhism is not the ‘Dorje’ (bazra/thunderbolt) of
Indra, the God of Hindu pantheon. ‘Dorje’ of Indra and ‘Dorje’ of
Amitabha Buddha is not the same.

According to available history, the indigenous
Lepchas (ethnic/tribal group) of Darjeeling had built this ‘Dorje-
ling’ monastery in Darjeeling in circa 1765 and indigenous Lepchas
were the only inhabitants of Darjeeling at that time. [The name
Darjeeling is a corruption of dorje, the precious stone or
ecelesiastical sceptre, which is emblematic of the thunderbolt of
Sakhara (Indra) and of ling, a place. It means therefore, the place of
the dorje, the mystic thunderbolt of the Lamaist religion, this being
the name of by which the Buddhist monastery which once stood on
Observatory Hill was formerly known.] – From the book “Bengal District
Gazetteers, Darjeeling” by L.S.S. O’MALLEY, 1907.

The sacrosanct name Darjeeling, emerged from the
monastery ‘Dorje-ling’, is like the sacrosanct name Kalighat, emerged
from the temple Goddess Kali. ‘Darjeeling’ name like ‘Kalighat’ name
cannot be changed or delete or attached to any name or super-imposed
by any name etc. and these names should be kept as it is condition.
The name of Darjeeling is like Puri, Brindaban, Mathura, Kalighat,
Kedanrnath, Badrinath, Somenatha, Tarakeshwar etc. These names are
sacrosanct.

Hence, I would like to pray to you kindly look
into the matter and place your findings in writing in front of the
citizens of India, in front of the International community including
United Nations before signing the Gorkhaland Territorial
Administration (GTA) Bill.

With due respect,

Yours faithfully,
Date: 02/03/2012.
Address: 18/20A, Dover Lane,
Dipak De
Kolkata – 700 029.
[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 activist].

Copy of this PETITION to –
(1) Hon’ble Prime Minister of India, New Delhi for information and
necessary action, if any,
(2) Hon’ble Union Home Minister, Ministry of Home Affairs, New
Delhi, for information and necessary action, if any,
(3) Hon’ble Chairman, National Human Rights Commission, New Delhi
for information and necessary action, if any,
(4) Hon’ble Governor, Government of West Bengal, Kolkata for
information and necessary action, if any,
Date:
02/03/2012
Dipak De

[Human Rights activist]