India-Nepal Peace and Friendship Treaty 1950 - DDUDF press release

Darjeeling Dooars United Development Foundation (DDUDF) has issued a press release on the issue of the review of India-Nepal Peace and Friendship Treaty 1950. This Treaty was highlighted during the visit of the Prime Minister of India to Nepal a fortnight ago.
Darjeeling Dooars United Development Foundation (DDUDF)
Darjeeling Dooars United Development Foundation (DDUDF)
Release has stated that several crucial issues between India and Nepal were discussed during the just concluded successful visit of the Prime Minster of India to Nepal. In many significant issues some concrete decisions were taken as a way forward. Among these issues, the issues related to India-Nepal Peace and Friendship Treaty signed in 1950 were also discussed. This Treaty has always wrongly touched the sentiments of the Indian Gorkhas and has also adversely affected them in many ways. From the Nepalese side there has been plethora of demands either to review or to revise or even to abrogate this Treaty since last two to three decades. In the 1990s also various media reports did mention that the Nepal Government had some concrete proposals to place before the Indian Government on the replacement of this 1950 Treaty.

It states that Nepal as a sovereign nation looks at and treats this Treaty from a perspective that is different from the specific national security perspective of India. On the other hand, the Indian Gorkhas look at this Treaty from the view point of a bilateral arrangement which has adversely affected their political identity and Indian nationality. This is because Article 7 and 8 of the Treaty permit unrestricted movement of each other’s citizens into each other territory on a reciprocal basis. Not only this, many of the rights and privileges which are actually only meant for its own citizens have also been extended to these floating population on both sides of the border.

Release adds that this arrangement that promotes free flow of people from Nepal through the entire stretch of 1751 km open border and their settlements in different parts of India have rather adversely affected the Indian Gorkhas as their Indian identity and nationality get diluted because of the presence of the people with similar culture and language but of Nepalese nationalities. This dilution has been further confounded and the experience of discrimination has been much bitter as the Indian Gorkhas unlike other major ethnic groups in the country do not have their own State in India. Though the Indian Gorkhas have raised these issues in several national forums there has been no durable and permanent solution to this highly emotive issue.
Though at the heart of the Gorkhaland Movement of 1980s in Darjeeling was this issue of confusion and dilution of political identities of the Indian Gorkhas, the tripartite agreement leading to the setting up of Darjeeling Gorkha Hill Council in 1988 did not provide any durable and permanent solution to this critical issue that engulf and persecute the Indian Gorkhas. The recognition of Nepali language in the Eighth Schedule of the Constitution of India in 1992 after four decade long protracted struggle by the Indian Gorkhas also could not satisfy the Indian Gorkhas in terms of establishing their Indian identity. Therefore, today also one of the foremost demands of the Indian Gorkhas is a durable and permanent solution to the question of their national identity which is constantly under threat and vulnerable because of the provisions and arrangements in the 1950 Treaty.

Further it adds that when Indian Prime Minster agreed to the idea of reviewing and revising this Treaty, the challenge is to have a broad based discussion and make the provisions of the Treaty that would go along the needs of the 21st century. Both India and Nepal would tread the path of reviewing / revising / abrogating the 1950 Treaty on the basis of each nation’s larger national interest. On the other hand , for the Indian Gorkhas it is high time to ensure that this Treaty either has a complete safeguard for the fostering of political and constitutional identity of the Indian Gorkhas or has an exclusive arrangement for durable solution to their protracted demand of keeping them separate from the floating population that crosses border under the provisions of the 1950 Treaty. This is the time for addressing the question of how the Indian Gorkhas ensure their deserving and exclusive Indian identity and how the Indian Gorkhas get recognition and commendations for their contributions to the building of modern India. Do the Indian Gorkhas aspire for resolutions of these issues within the Treaty or outside the Treaty ? If it is within, then what kinds of provisions are to be added to the existing Treaty. And if they want solutions outside the framework of the Treaty what kind of arrangement is needed. All these require a comprehensive and wider national discussions and deliberations.
The release has asked that how long does it take for effecting such changes in the 1950 Treaty ? How does the Indian Gorkhas get representation and their voices in the impending constitution of high level committee/commission to examine and review this Treaty ? What do the Indian Gorkhas discuss in this Commission ? What kind of durable solution would be suggested by the Indian Gorkhas before this Committee/Commission ? All these need to deliberated upon threadbare and meaningfully at various forums of Indian Gorkhas all across India and outside also. This is a great opportunity and appropriate moment for the Indian Gorkhas to push their case.

In a similar move the historic Treaty between India and Bhutan signed in 1949 was also comprehensively revised nearly after 58 years in 2007.

Darjeeling Dooars United Development Foundation (DDUDF) has appealed to all the Indian Gorkhas that this is the ultimate attempt by the Indian Gorkhas to really give a final shape to their quest for national identity. It further states that how do the Indian Gorkhas come to a common and united national platform to deliberate on the finer nuances of the issues concerned ? The formidable challenge is for the organisations that have national character like Bharatiya Gorkha Parisangh to galvanise and mobilise the opinion form all across the country and put them effectively and resolutely before any of the emerging national Committee/ Commission.

In this regard, it is very essential for the political parties; civil society institutions; social-cultural and other professional organisations; media persons-teachers-industrialists and farmers; sports persons-students-intellectuals and businessmen and the members of parliament and legislative assemblies to come together and deliberate on this very critical issue in a single forum. Besides, they all have to decide on the strategy and further course of action so that a conclusive and durable solution comes out of the entire process, release adds.

In conclusion it has stated that there is no time for the Indian Gorkhas to falter, dither and vacillate on these issues now. Unlike in the past, that is not the moment for them to look at this national issue from a very narrow political party and self-centric individual perspective. DDUDF would like to participate fully and wholeheartedly in this entire process of deliberations and consensus building. In fact, DDUDF unilaterally offers to bring out a comprehensive BASE PAPER in order to take the entire deliberations forward. To provide sound arguments and detail politico-legal information and statistics and firm basis for substantive discussion, this BASE PAPER will deal with history, socio-political dynamics, geographical and demographic dimensions, facets of international relations, the conduct and management of borders, trials-tribulations and harassments and atrocities faced by the Indian Gorkhas and finally the need to have constitutional provisions and a separate state as a durable and permanent solution.

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