Gorkha Organization Demands Safeguard of Gorkhas and Implementation of Clause 6 of Assam Accord

New Delhi, September 2, 2019:

The Bharatiya Gorkha Parisangha (BGP), led by its National Working President Dr. Munish Tamang, sought constitutional safeguard of Gorkhas and implementation of Clause 6 of Assam Accord.

In a meeting with Joint Secretary (NE) Mr Satyendra Garg, Tamang also requested for a speedy implementation of MHA Notification on ‘D’ Voters of Gorkhas, with necessary corrections and early resolution of ‘D’ Voters issues.

The discussion centred on issues of rejection from NRC of those who were arbitrarily marked ‘D’ in the Electoral Rolls. National Vice President Yam Prasad Ghimire, North East Zone Secretary Lakpa Lama and National Secretary (Youth Affairs) Nanda Kirati Dewan were also present in the meeting.

It is to be noted that the Ministry of Home Affairs had issued a notification on October 10, 2018, that Gorkhas and people of Nepali origin could not be tried in Foreigners’ Tribunals (FTs) but the state government of Assam did not file writ petition, seeking withdrawal of Gorkha cases from FTs.

L S Changsen the then Commissioner, Secretary Home and Political, Assam, had filed an Interlocutory Application (IA) before the FT Monitoring Bench. The Bench disposed the case and advised Assam Government to file a fresh case. However, the government is yet to file a fresh case.

On questioning about how BGP would deal with NRC rejections, Dr Tamang replied, “The Gorkha Legal fraternity and trained Paralegal Community will help the ‘rejected’ individuals and families in Foreigners’ Tribunals to close cases across Assam.”

He added that it was decided in a joint meeting of BGP, Gorkha Civil Society Organisation, Assam-Nepali Sahitya Sabha and All Assam Gorkha Students' Union (AAGSU) in the month of August.

Bharatiya Gorkha Parisangha and NE Zone Secretary Lakpa Lama raised the issue of safeguarding the constitutional rights of Gorkhas of the 6th Schedule in the Hill Districts of Assam and sought intervention for Protection of Gorkhas of North East in their respective states.

The delegation also sought assistance in ensuring inclusion of Gorkhas with ‘proven legacy’ and proper linkage documents marked ‘D’ without references either in FTs or Border Police.

National Secretary (Youth Affairs) Nanda Kirati Dewan further asserted, "Instead of taking such cases to Foreigners’ Tribunals, the Ministry of Home Affairs could set up a high-powered committee to address such issues, an empowered special screening committee comprising of competent authorities of the Border Police, Election Commission of India (ECI), Ministry of Home Affairs (MHA), State Home Department, Registrar General of India and NRC authority should thoroughly screen existing D-Voter cases."

This mechanism was asserted by Bharatiya Gorkha Parisangha to the NRC Authority , Hone Department, Government of Assam and Election Commission of India.

The suggestion was once found satisfactory, the screening committee should issue a DV Clearance Certificate (so that his/her name can be included in final NRC).

The same DVCC should be validated by Hon'ble Members of Foreigner Tribunal so that in event of case opened in a later date , the DVCC by the special screening committee is accepted to close the case and accept the rejection in NRC in the present context.

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