The Untold Story of Darjeeling & Article 1(3)(c)

Posted by Girija Sankar
October 4, 2017

Self-Published

Who are Gurkhas?


If you seriously don’t know who are Gurkhas then, I won’t waste my time and just say, Gurkhas are considered as the Strongest and Bravest Men on Earth and there is not even a slightest of doubt about it. This is their identity to the world.

Once Hitler Said, “if I had Gurkhas, no armies in the world will defeat me”,

Osama Bin Laden Once Said, “If I had Gurkhas I will eat America Alive”

“In the world, there is only one place is secured that’s when you are between the Gurkhas.” – Prince Charles.

One Pakistani General said ” If I had Gurkhas on my side, I will have my dinner in New Delhi”

“If a Man says he is not afraid of death, he is either lying or is a Gurkha”
-Field Marshal Sam Manekshaw, Former Chief of Indian Army

Every Country wants Gurkhas to be in their armies because they are the most feared soldiers on this planet and Currently they are recruited in British Army (3,640 Gurkhas, 200 Recruits every year),

Indian Army (39 Battalions in 7 Regiments,25,000 Gurkha Soldiers),

Contingent Singapore (Replacing Sikhs,2000 Gurkhas,

320 recruits every year),

Gurkha Reserve Unit Brunei (2000 Gurkhas Approx.),

UN Peace Keeping Force, at War Zones all around the world.

If we go on describing who are Gurkhas and what is the History of their Bravery, Honours and Achievements then it will turn into a book. But if you are still concerned about how Gurkhas actually treated then I think we are going to have a very interesting conversation

Gurkhas are Originally related with Nepal and their language is also Nepali, best known for their Bravery, Loyalty and Power as True Soldiers but why we are just being soldiers and soldiers? !! are all Gurkhas soldiers? NO . a Big NO !!

All Gurkhas are not soldiers they too have families, wives, sons & daughters who are not fighting for any country and not fighting against any country. They too want to live a normal life like us, like everyone. We have to stop recognizing them only as Killing Machines and start treating them as one of us.

In British Army, The Recruitment of Gurkha’s is considered as world’s Toughest Military Selection Test, in which 28,000 Gurkhas compete for only 200 available posts. In order to pass the test, the candidates have to carry 25 kg of rocks on their back and run for 5 km of hilly terrain in less than an hour!!!

But how Britain treats its Gurkha’s? They don’t give Permanent Citizenships, lowest Pensions in compare to every other soldier! But luckily after 2007, Britain started giving Gurkhas equal pension.

But today we will only talk about Indian Gurkhas and how they are being treated in this country. And a few days ago the Gurkhas were all over the media and Hot Topic in all Prime Time debates. But now their voices seems to be faded away…..

But for what? For “Gorkhaland”

What is this Gorkhaland and Why it is a hot topic? And Why Gurkhas need “Gorkhaland”?

Well, The Gorkhaland Movement is not New in India, it rises and every time Government Buries it by killing innocent Gurkhas calling them as Violent Protesters, who were actually only giving Slogans.

Let’s Discuss the whole history of Gorkhaland and Darjeeling which is the heart of Gorkhaland Movement.

This started from 1907 but it caught everyone’s attention in The 80s because of Subash Gishingh’s Gorkhaland Movement.

In 1986, Subash Gishing wrote a letter to The King of Nepal, Birendra Bir Bikram Shah Dev, pleading that Darjeeling belongs to Nepal and that they were his subjects. But The King of Nepal did not respond.

Then in 1992, Gishing also sent a letter to the Indian Prime Minister, PV Narasimha Rao, to clarify the legitimate status of Darjeeling. But again he got no response.

And in 1992 Gishing also wrote a letter to Prime Minister of Nepal, Girija Prasad Koirala. But again no reply.

Therefore understanding that this letter writing thing is not going to work,  Subash Gishing finally knocked the door of The Supreme Court of India and Filed a Writ Petition in 1994.

Writ Petition (c)No.704/1994

In The Matter of : Article 32 of The Indian Constitution

In The Matter of : Article 1 (3) (c), 2, and 4(1) of The Indian Constitution, read with and fourth schedule of Constitution of India.

But the court averted this petition, Saying

“THIS IS A POLITICAL ISSUE.”

So this implies that this issue can only be resolved by a political process between the countries and court can’t-do anything.

As we saw, leaders of both countries did not show any Interest regarding this issue. So we have to understand what is it all about.

Now, what is Article 1 (3) (c )?

Article 1 (3) (c) states that,

The states acquired shall also come within the territory of India. The states doesn’t have a separate entity. The Territories within the state shall also come within the Union of India”

For example of the states acquired, we can take for instance Goa, Dadra, Nagar Haveli, Pondicherry, Daman and Diu.

To Understand it better and clearly let’s know how Goa was annexed in India.

GOA INVASION / ANNEXATION OF GOA


In 1961 Goa became a part of “Republic of India”.

But where was Goa before 1961? And how it annexed with the “Republic of India”? Well after 1947, British Government left Indian, but still Portuguese owned Goa, Daman & Diu, Dadra & Nagar Haveli  and collectively called it  Estado da Índia

On 27 February 1950, The Government of India asked the Portuguese Government to open negotiations about its Colonies present in the Territory of The Republic of India. But Portugal in response stated that its territory on Indian Subcontinent was not colonies but part of cosmopolitan Portugal, So, its transfer was “non-negotiable’; and that India had no rights to this territory because the Republic of India did not exist at the time when Goa came under Portuguese rule.When the Portuguese Government refused to respond to subsequent aide-mémoires in this regard, the Indian government, on 11 June 1953, withdrew its diplomatic mission from Lisbon.

On 1954, The Government of India started visa restrictions on traveling from Goa to India. This decision paralyzed all mode of transportation between Goa and other exclaves like Daman, Diu, Dadra, and Nagar Haveli. And Made Goa, and other Portuguese colonies alienated from the Indian Subcontinent. Meanwhile, the Indian Union of Dockers had, in 1954, instituted a boycott on shipping to Portuguese India. Between 22 July and 2 August 1954, armed activists attacked and forced the surrender of Portuguese forces stationed in Dadra and Nagar Haveli.

On 15 August 1955, 3000–5000 unarmed Indian activists attempted to enter Goa at six locations and were violently repulsed by Portuguese police officers, resulting in the deaths of between 21 and 30 people. The news of the massacre built public opinion in India against the presence of the Portuguese in Goa.On 1 September 1955, India shut its consul office in Goa

Eventually, on 10 December, nine days prior to the invasion, Nehru stated to the press that “Continuance of Goa under Portuguese rule is an impossibility”. The American response was to warn India that if and when India’s armed action in Goa was brought to the UN security council, it could expect no support from the US delegation.

On 24 November 1961, Sabarmati, a passenger boat passing between the Portuguese-held island of Anjidiv and the Indian port of Kochi, was fired upon by Portuguese ground troops, resulting in the death of a passenger, as well as injuries to the chief engineer of the boat. The action was precipitated by Portuguese fears that the boat carried a military landing party intent on storming the island. The incidents lent themselves to foster widespread public support in India for military action in Goa.

India attacked Goa with Armed Forces, Navy & Air Strikes.

Goa only had,

  • 3,995 army personnel
  •  200 naval personnel
  •  1 frigate
  •  3 patrol boats

While India Had,

  •  45,000 infantry
  •  1 light aircraft carrier
  •  2 cruisers
  •  1 destroyer
  •  8 frigates
  •  4 minesweepers
  •  20 Canberra multi-role aircraft
  •  6 Vampire fighters
  •  6 Toofani fighter-bombers
  •  6 Hunter multi-role aircraft
  •  4 Mystère fighter-bombers

 

India Invaded and Annexed Goa by force and made 4,668 people, Prisoners of War.(PoW)

This is how India acquired Goa, Daman & Diu, Dadra & Nagar Haveli and Annexed in the Union of India Under Article 1 (3) (c)

India can only Acquire lands like this by Treaty or War with foreign countries. Since Portuguese denied treaty so it faced War.

But did India Acquired Darjeeling by War? Or Treaty with any Foreign Country?

How Darjeeling became a part of the Republic of India?

Let’s discuss the most Legally correct history of Darjeeling.

Anglo-Nepal War

In 1816 The East India Company had a war with Nepal,  British Army attacked Nepal to invade and add it in the British Empire just like they did with Other Princely states of India. But Britain failed to invade the Hilly(Pahadi) Areas of Nepal but it occupied the Plain Areas

During The Anglo-Nepal war , Kingdom of Nepal faced internal Political Crisis so The Rana king was forced to make a Treaty with the British Government.

The Treaty of Sugauli

Under the treaty, about one-third of Nepalese controlled territory was lost including all the territories that the King of Nepal had won in wars in the last 25 years or so such as Sikkim in the east, Kumaon Kingdom and Garhwal Kingdom (also known as Gadhwal) in the west. Some of the Terai lands were restored to Nepal in 1816 and more were restored in 1860 to thank for helping the British to suppress the Indian rebellion of 1857.

And under this treaty, in the Clause 3, it was Stated

The king of Nepal will cede to the East India company “in perpetuity” all the under mentioned territories:

i) The whole of low lands between the rivers Kali and Rapti.

ii)         The whole of low lands between Rapti and Gandaki, except Butwal.

iii) The whole of low lands between Gandaki and Koshi in which the authority of the East India Company has been established.

iv) The whole of low lands between the rivers Mechi and Burma.

v) The whole of territories within the hills eastward of the Mechi River. The aforesaid territory shall be evacuated by the Gorkha troops within forty days from this date.

“In Perpetuity” literally means Forever. Forever the Property of British Government, Not Indian Government! But the term. “In Perpetuity”  in British Law Means 100 years of period. And after 100 years, The Treaty has no Validity and the lands acquired by the British Government will automatically become Nepal’s Subject. And it’s been 200 years of Sugauli Treaty.

Here We can take example of Another Treaty made by British Empire With King of China which is Known as  “Treaty of Nanking

Which is also Popularly known as,

The Treaty of Hong Kong


The Treaty of Hong Kong /Nanking /Nanjing was signed in 1842 which gave the UK the control of Hong Kong Island, Kowloon (area south of Boundary Street), and the New Territories (area north of Boundary Street and south of the Sham Chun River, and outlying islands), respectively.

Although Hong Kong Island and Kowloon had been ceded to the United Kingdom “in perpetuity”, the control on the New Territories was a 99-year lease. The finite nature of the 99-year lease did not hinder Hong Kong’s development as the New Territories were combined as a part of Hong Kong.

But do you know when Hong Kong was returned to China?

UK Government handed back Hong Kong to China on 1 July 1997, After 155 years of the Treaty !!!! Just 20 years ago !!!

Goa was returned by India’s claims and forceful action, Hong Kong was returned even after being ceded in Perpetuity But Darjeeling………..

Well the story doesn’t stop here, there’s more;

In 1947 British Government left India and offered freedom to The Dominion of India by passing an Act in the British Parliament “The Indian Independence Act” but Darjeeling was not a part of Indian Union it was a separate British Colony acquired from Nepal just like India was a British Colony.During the rule of British, Darjeeling was not the part of India. The British had temporarily taken the administration of Darjeeling in their hand with a view to preventing Nepal from taking control of eastern sides of Darjeeling. The efforts of 1907, 1917, 1929, 1934, 1941 and 1943 to make Darjeeling a separate administrative sector can be taken as its example. On the basis of this fact, the 1947’s Darjeeling Committee of the then Unified Indian Communist Party (ICP) had provided the Indian Constitutional Assembly with the decision of constituting independent

Thus The British Government is directly responsible for the Treaty of Sugauli, Not India. But The British Government flew away without resolving this matter.

But they returned, not to solve the Territory issue, but to again fulfil their own selfish needs, For Gurkha Soldiers!

Yes in 1947 Nov 9, Britain-Nepal-India had a Tri-Party Treaty to recruit Gurkha Soldiers in their armies. And I quote the 1st paragraph of that treaty;

At meeting held at Kathmandu on 1st May 1947 between representatives of His Majesty’s Government in the United Kingdom; The Government of India & Government of Nepal, His Highness the the Prince Minister and Supreme Commander-in-Chief of Nepal, Stated that he would welcome the Proposals to maintain The Gurkha connection with the armies of United Kingdom and India on the following basis “if the terms and conditions at the final stage do not prove detrimental to the interest or dignity  of Nepalese 

My Government will be happy to maintain connections with both armies provided men of the Gurkha Regiments are willing so to serve(if they will not be looked upon as distinctly mercenary)

This is how Britain and India approached Nepal just for Gurkha Soldiers as if those people are like some sort of commodities. And they only need Gurkhas just to die for their Armies, not their own men but The Gurkhas.

And the Government of Nepal also being satisfied in regard to the terms and conditions of employment of Gurkha troops.

And Since Britain got the Men of Gurkhas in their army now they have no interest in the land of Nepal’s lost territories. And India is not willing to give it back to Nepal. So the lands of Nepal’s lost territories remained with us.

But again the story doesn’t stop here yet.

In 1950 Oct 30, Britain and Nepal signed another treaty “The Britain-Nepal Peace and Friendship Treaty”

And the Article 8 of the Britain-Nepal treaty broke all past treaties!! Including the Treaty of Sugauli !!! It was mentioned that all The Treaty signed hitherto would be ‘Annulled”

Which means Britain has officially Annulled “The Sugauli Treaty” with Nepal !!!

Now just imagine, If Nepal can lose its land by a treaty, it can also regain it by another treaty.

And there is not just this, on 14 Dec,1960, UN had passed a Decolonization Resolution

Titled,

“Human  Rights A Compilation of International Instruments”

This Resolution has a clause “The Self-Determination”, Section7 “Declaration on Granting of Independence to Colonial Countries and People General Assembly Resolution 1514(XV)”

And it says that the Territory of a country kept as a colony by another country Must be FREED!!!

And I quote one paragraph

Mindful of the Determination proclaimed by the people of the world in the charter of the United Nations to reaffirm faith in fundamental human rights in the dignity abide worth of the human person in the equal rights of men and women and of nations large and small and to promote social progress and better standards of life in larger freedom …..

Believing that the process of liberation is irresistible and irreversible and that, in order to avoid serious crisis, AN END MUST BE PUT TO COLONIALISM

And not only Darjeeling but also Dehradun,

I will quote Pandit Jawahar Lal Nehru, he wrote in his book “Glimpses Of World History” {which was actually a collection of 196 letters on world history which he wrote for his daughter, Ex-PM Indira Gandhi}

He wrote, in The of Chapter “Wars & Revolts in India” Page:411,

The Britain had a war with Nepal from 1814 to 1816. They had great difficulties in the mountains, but they won in the end, and this District of DehraDun where I sit in Prison writing this letter,and Kumaun & Nainital came under British Rule

Even in the Treaty of Titaliya (Treaty of Sikkim), it is mentioned that  Darjeeling was a part of Nepal

And Now after discussing all these Information, The Big Question is

Should India Hand Darjeeling back to Nepal?

And if you ask me as an Indian, I will answer a Big

NOOOOOOOO

Why? Because we have our own reasons.

1st Because we are nationalists, and we can not see anything beyond our Nationalism, we are blindly Nationalists, we love our country and we will not let anything happen which will harm the reputation of our country, and Darjeeling is a beautiful place and it should be in India, not Nepal because only India deserves all beautiful places.

The 2nd reason is Nepal has and Nepal never will demand Darjeeling from us because The Mountains which were once the Protector of their land is now the biggest barrier for them and made Nepal a Geographically trapped  Nation so they will not mess with India because We provide them with all necessary things like Oil. We are a powerful country and we will not give even a small land to Nepal. Because after all its matter of our reputation, no?

Yes, we love our Land so Much !!! Blind Nationalists we are, we are so blind that we can’t even see humanity! but does Nationalism means hating our own people too? Do we love our People? Do we love Our Gurkhas like we love the land?

We must feel proud of our Indian Gurkhas, They Consider India as their Motherland, they Sacrifice their lives in our army!!! Their sons and daughters study with our children and they too want to be highly educated and contribute their efforts for this country’s honour!!!

But how we are treating them? Asking them their Nationality? Did any Gurkha asked himself before sacrificing his life for this country ? if he is Indian or not? If he should fight for this country or not?

Sir if you are asking any Gurkha about his love for this nation then you are a traitor yourself and should leave this country. We don’t need hypocrites like you, We need our Gurkhas more than you Sir.

The Guy who is writing this is not a Gurkha by birth but I would have felt much pride if I was born as a Gurkha.

All they want is to Protect their Language and Culture. If you think Nepali is a foreign language then please educate yourself. The Nepali language is included in the List of 23 Indian National Official language. A Gurkha can give UPSC exam in his language and become an IAS/ IPS/ IFS but the same Gurkha can not give WBPSC exam in West Bengal and can not even get a government job in his own state? What Kind of Treatment we are giving to our Gurkhas of whom we feel so much pride when winning any war. And treat them as Aliens?

We are such hypocrites.

Gurkhas are not demanding any special privilege like Article 370. All they are asking is to get their identities as Ethnic Indians and no one should ask them about their Nationality. And the only way it is possible, which is by Forming “Gorkhaland”

Gurkhas have all right to get their own State “Gorkhaland” Under Article 1 (3) (c), 2, 3 and 4 of Indian Constitution!!!

And if any Gurkha reading this … Please change your way of protest because rest of the Indians do not know why you are doing so.

Please Mention Article 1 (3) (c) of Indian Constitution so a legal Debate can be Possible.

Please just don’t only shout “We want Gorkhland!”

Scream Article 1 (3) (c)  of Indian Constitution and Government will kneel before you.

Now the new Slogan will be.

Bas ek Sawal !!! Article 1 (3) (c) !!! 

Hum hai ? Ya Hum Nahi?

Hum hai toh Hum kaha hai?

Hum nahi Toh hum Kaha Jaaye?

And I will end this by quoting few lines from Lata Mangeshkar’ “Aye Mere Watan Ke Logon”

Koi Sikh, Koi Jath, Koi Marathi,

Koi Gorkha, Koi Madrasi

Sharhad par Ladhne wala har Veer tha Bharat Basi

Kya log the wo Diwane

Kya Khoob thi unki Jawani

Jo Shaheed hue the unki 

Jara Yaad karo Kurbani

Thank You!

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