The 1941 Census is seen to have written off the All Tribes designation of approximately 2,35,068 (62.45%); Moktan TGP 2,39,700 (62.91%) of the total population thereby marginally reducing the tribal population to 37.54% from 100% All Tribes. The reason for this discriminatory de-listing of such a large share of the total population is unprecedented and alluded directly to the Census report being based on language/ script criteria. This is considered detrimental in application as most tribes having racial affinity to the Indo Mongoloid Himalayan tribes speaking the Tibeto-Burman language and dialects but influenced by Nepali/Gorkhali language for colloquial and general use as lingua franca. Whereas the mistake has occurred, in a sense, by naming Nepali/Gorkhali as the mother language instead of their tribal language/dialect.

It is pertinent to refer here Nepali/Gorkhali derived from Sanskrit language and using the Devanagari script as the Indian script registered in the United Nations. When the United Nations objected to the Nepal Govt. proposing the Devanagari as the then kingdom of Nepal’s script, it submitted the Newari script as Nepal’s script which was ultimately registered in 1955.
The constellation of Tibeto-Burman speakers, Newars and other tribes acknowledged the language of their conquerors Gorkhas and called it Gorkha/ Gorkhali bhasa. Sir G.A.Grierson in his famous treatise has flatly and repeatedly disclosed that ‘Europeans call it Nepali i.e. the language of Nepal’. This is a misnomer. ‘It is not the language of Nepal but only that of the Aryan rulers of the country’.

This queue has been fundamental in explaining the de-listing of All Tribes of Darjeeling District Census 1931 in the decadal 1941Census as the context is in similar sequence in application to that of Nepal as the demographic population of Nepal resembles that of Darjeeling District since time immemorial. This beside the entire trans Himalayas beginning from the Kashmir in the west to the Indian boundaries of Arunachal Pradesh bordering Burma composed of similar demographic population throughout the length and breath of the area composing of Indo-Mongoloid Tibeto-Burman speaking tribes. This is to practically prove that the de-listing of the All Tribes in 1941 Census was aberrational and not justified in content whatsoever. This mistake is to be addressed and redressed at the proper platform at the earliest possible time.

To further justify the above argument and claim herewith an excerpt from A-The Indian Census, I-The Record by M.W.M Yeats, Census Governor, Census of India 1941, recommending, ‘language and script questions be dropped’ from any future censuses until such time as the pop of India is able to respond properly to a factual enquiry on them. ‘The Census can collect and deal only with facts not with preconceptions’. It is probable he may have realized the de-listing of the Darjeeling hill tribes as a matter of great mistake, while processing the census report. He has acknowledged his mistake, thereby, having recommended the dropping of language and script, as discriminatory preconceptions, from future census till a proper time enabled to collect proper facts and avoid misconceptions leading to unfortunate misery on those impacted. In this case the Darjeeling District hill peoples who have been denied their basic fundamental rights by deprivation of the regional identity as a national minority thereby stressed by due process of obtaining a state, which seen at a glance was a birthright than simply a demand.

To further support the objection raised by M.W.M.Yeats that language and script does not endeavour to classify the ethnology of tribes herewith a further support in evidence raised by Sir. William Flower ‘physical characters are the best, in fact the only true tests of race, that is, of real affinity, language, customs, etc., may help or give indications, but they are often misleading’, extract p6 from The People of India by Sir Herbert Risley.

As a result of this miscommunication, but in fact, probably an intentional attempt by vested interest, the larger ethnic population of the state, affecting the de-listing for the purpose of marginalizing the All tribes population to a insignificant percentage to disallow the status of Darjeeling District from exclusion, as part of the reforms process intended in the provisions of the Govt. of India Act 1935 and Excluded and Partially Excluded Area Order 1936.

Despite the magnitudenal de-listing of the population of All Tribes to the general category, even then the Tribal population remained at 37.54% in order for Darjeeling District to be included in the Partially Excluded Area, a designation as a result of which many new states were created out of the areas so named. Darjeeling District is seemed to have been deprived of the larger extension of Exclusion (Excluded Areas), which it rightly deserved, but relegated to a lesser degree in form by the tribal status delimitation process. The result of which heavily impacted Darjeeling District towards its claim to state formation even at a early stage when states were formed elsewhere in the Excluded and Partially Excluded Areas particularly in North East India to which region the Darjeeling hills have common regional affinity reconfirmed by 1873 Bengal Eastern Frontier Regulation (Line system known as Inner Line Permit). This was a process by which entry of non tribals and foreigners were restricted by entry permits so as to preserve and protect the tribals from outside interference and impact.

A message received from the Govt. of India No.15011/6/89-F.I. Dt: 25.7.90 under D.M. Darjeeling No. 548C Dt: 8.8.90 reproduce below information …. quote ‘from now all the 5 (five) Districts of West Bengal viz. Darjeeling /Cooch Bihar/Jalpaiguri/Malda and West Dinajpur have been excluded from the purview of Foreigners (Restricted Areas) Order 1963, consequent foreign nationals can visit and stay in this Districts without obtaining Restricted Area Permit (R.A.P).

As it is the inflow of illegal migrants to the entire North East has become a magnitudenal problem to a point of irreversible situation, greatly marginalizing the indigenous and ethnic Indian population, and most seriously jeopardizing the entire demography of the respective states bordering the foreign countries specially Bangladesh in the south and Nepal in the northwest is a serious situation requiring immediate action in containing the immigration problem to stabilize internal as well as external related security problems.

Most of the North East states have retained the Inner Line Permit system, including Sikkim. Why the Govt. of India have excluded North Bengal Districts (including Darjeeling) have withdrawn the R.A.P. is a question to be raised by the enlightened gentry of all the concerned areas before further damage is inflicted by the relaxation of the Order. It has immense potential impact, already affected, adverse to the Darjeeling hill peoples in general as foreign illegal immigrants demographically out way the indigenous and ethnic Indian population in depriving its natural citizens public and civil rights. The RAP if at all to be relaxed from the point of view of promoting and developing tourism a system is required to be created wherein all foreigners irrespective of nationalities require to be registered at one point of entry in order to identify if any attempt to overstay in order to obtain future voting rights and therefore citizenship in due time by obtaining ration cards, the passport to Indian citizenship. This is an issue the Central Govt. is required to investigate in depth and proceed towards resolving the issue to its conclusive end.

Now that Mr. R.K.Narayan is to take over the Governorship of West Bengal is the best person to realize this issue and take proper measures to implement the loopholes. He is already aware of the problem and as a former head of intelligence as well as being the National Security Advisor to the PM, will be able to place the issue in proper perspection for a direct intervention by the Centre to redress the outstanding and impending problems arising out of illegal foreign immigration.

Mr.Ronen Sen (IFS Retd.) former Indian Ambassador to the USA is tipped off as the probable National Security Advisor, particularly for his expertise in handling external affairs policy adeptly, particularly the neighbouring border countries affecting directly to mutual border and policy issues and national security aspects. While addressing these, it is critical that illegal immigration issues require to be redressed once and for all, as this matter has been swept under the carpet far too long by successive govts irrespective of political affiliations. Now that the UPA govt. has mandate majority to effect legislations in implementing measures to restrict illegal immigration as a forward step to contain issues related to internal security and perceptions of external threats. This maybe resolved by introducing and implementing the following Bills in Parliament.
(i). Bill No. LXXI of 2006 The Illegal Immigrants and Overstaying Foreign Nationals (Identification and Deportation) Bill, 2006 introduced in Rajya Sabha on 11 Aug 2006, that is. ‘the Bill to provide for the compulsory identification of illegal immigrants to the country from neighbouring countries….their deportation …setting up a National Commission for that purpose ….and incidental thereto’.
(ii). Bill No LXIX of 2006 The Illegal Immigrants (Identification and Deportation) Bill, 2006 introduced in the Rajya Sabha on 24 November 2006, that is, ‘to set up a National Commission to identity and deport illegal immigrants in the country …and incidental thereto’.

The Centre is advised to take up the two Bills simultaneously to contain the problem immediately as the matter is leading to an irreversible situation from which the problems will double fold endlessly to the detriment of the entire nation particularly the bordering Indian states adjacent to the infiltrating countries in question.

The illegal immigration problem is directly affecting the bordering districts of the states to such a adverse impact the Indian population is being marginalized all round being deprived of all development activities, loss of civil, legal and political rights in a very large extent, loss of land connected to indigenous inhabitants and citizens, as well as deprived of employment otherwise meant for the ethnic Indians.

Darjeeling District (which forms the four subdivisions of Darjeeling, Kurseong, Kalimpong, Siliguri) the last being in the Terai plains is inhabited by scheduled tribes (estimate 2003 = 3,67,345)that is, 22.83% approx at population Census 2001 - 16,09,172.
Note: If the language/script description is not applied as per suggestion of M.W.M.Yeats it is certain the existing tribal population will proportionately inversely increase to the decrease in language/script speakers.

It has only recently realized by the representatives of the constellation of the proto-Mongoloid hill communities (i).ST: Limbu and Tamang and others (designated All Tribes Census 1931) being the Rais, Gurungs Magar, Sunwar, Thami, Newar, Bhujel, that imposition of their community language and script if any, inclusion in the Census participation is critical to assert their inherent tribal status claim. Which somehow, unfortunately was consumed by stating without intent but however impacting adversely, Nepali/Gorkhali language/script linked as the mother tongue. Whereas in actual fact the latter was only acceptance of the language as a lingua franca in Nepal under diktat by the Gorkha Shah kings to the indigenous tribes. This acceptance extended to the indigenous population counterparts in the Indian bordering states extending to the North East of India including the kingdom of Bhutan. In Bhutan too the ethnic Nepali/Gorkha is mistakenly represented in the same manner as that of Darjeeling hills in the sense, the proto-Mongoloid communities are being referred to as Nepali/Gorkha. Their proper designation determines their identity as tribe which is undressed and the former description attached, whereas the former is required to be addressed as Gorkha Nepali, that is, a Gorkha of Nepal.

The above explanation was essential in order to picturise the scenario in the context to Darjeeling District being pounded by the Gorkhaland demand, rightly or wrongly, since 1986 spearheaded by Subhas Ghissing and his political wing the Gorkha National Liberation Front (GNLF). The same event is now reiterated by Bimal Gurung and his political extension Gorkha Jan Mukti Morcha (GJMM) since August 2007 and which agitation is finding its continuity to be discussed in the Fifth Tripartite Meet projected by the Union Home Secretary G.K.Pillai to consider the Constitutional provisions of state formations to be delivered at the political level meeting.

Considering this unfolding to a larger aspect of a separate administrative unit outside the state it is the concern of all Darjeeling people to take into account their aspects of existence in the new order of things to come. This is of utmost importance specially taking into account that Darjeeling District accounts for a sizeable tribal population the percentage of which was already detailed earlier. Besides which had the 1931 Census been carried forward with the description of the Tribes without the perceived intended de-listing in the 1941 Census, then the majority of the Darjeeling hills population would have exceeded over 80% tribal people. This being unquestionably denied till date, in the Govt. of India Act 1935 and Excluded & Partially Excluded Areas Order 1936 the District still managed to contain the regional identity at 37.54% of the total population at 3,76,369 despite the fact a large section of the tribes numbering less than 2,35,068 lost their tribal designation despite being virtually tribes.

This issue is being debated by Subhas Ghissing President GNLF to reassert the status of many de-listed communities back to the 1931 Census tribal status. Only in 2003 that two communities Limbus and Tamangs were accepted by the Registrar General of India (RGI) for Scheduled Tribe notification in West Bengal, only after due recognition of these two communities originating from Sikkim were accepted by the RGI and accordingly implied to West Bengal thereafter.

Much before the State of Sikkim was amalgamated as a state of India in 1975 there are many other probable communities in Darjeeling District seeking reenlistment to tribal status post Census 1941 when these tribal communities were de-listed to general category of the population.

In support of the claim of these de-listed tribal populations it maybe interesting to refer here the findings of the B.K. Roy Burman, The Commission for Review of Social Environment Sector Policies, Plans and Programs (CRESP), constituted by the Govt. of Sikkim on 1 Dec 2005 and Executive Report submitted on 1 April 2008. This report and its extract are considered an important reference as to the identification, commonality and similarity of issues prevailing within the peoples of the two regions. This is more than understandable considering the history of Darjeeling District as a whole as well as the contiguous plains Terai of the Dooars were territorial extracts of the erstwhile kingdoms of Sikkim and Bhutan. It is presumed the Roy Burman Commission has taken this as a primary consideration, that is, ‘the historical, ecological, political and economic context, in order to consider recommendations, review policies, plan and programs in respect of different categories of population in national, regional and global political economic milieu and ecological setting and make recommendation for improvement of the quality of life of all sections of population of Sikkim’.

The verdict of the Registrar General of India (RGI) in the above Report will have profound impact in relation to the population of the bordering Districts of West Bengal, Darjeeling and Jalpaiguri. Earlier too incidentally in consequence to the RGI recognizing the two hill communities Limbus and Tamangs as Scheduled Tribes of Sikkim directly effected the consideration of the same two communities in Darjeeling District (West Bengal) due recognition of these communities as tribes in 2003 was historically appropriate. This was in sequence to the consideration in regard to the implication related to the early history of Darjeeling District being part of two foreign kingdoms of Sikkim (Deed of Darjeeling Grant 1835 and Treaty of Tumloong 1861)) and Bhutan (Treaty of Sinchula 1865), acceding the aforesaid territories to the English East India Company administered by the British Govt. of India.

It is only historically implicit and in tune to the implications of the Roy Burman Executive Report that the future administrative reforms process if ever conducted in relation to the ongoing agitation for separation from West Bengal in order to form a new state of the Union, naming it Gorkhaland is significant for various reasons except the right one. It is specific for this reason that this article has been deliberated on the subject in a sense as a white paper on the entire aspect in considering Darjeeling District as a whole along with the appendage area of the Dooars terai of Jalpaiguri District.

If at all this anticipation is in order and such a program is implemented the govts of the State as well as the Centre is legally and Constitutionally required to preserve and protect the interest of the existing national minorities of the District per see. It is with an eye in this regard the above context are compiled in order to pave a genuine roadmap to proceed on while finding means and ways to protect the constellation of tribes within the territorial area considered for the new administrative set up.

The history of Darjeeling District is replete with incidental representation of the hill peoples at various points of time have appealed for separation of the District and the Dooars appealing for exclusion of administration outside the state within the reforms process. It is this dedicated effort by the hill leaders of yore, in particular and worthwhile to mention the dignified name of late Sardar Bahadur S.W.Ladenla for having understood the issue in content in order to appeal with the demand. Unfortunately his sudden death in 1935 seemed to be the eminent cause for chasing the shadow for the wall.

Thenceforth the shadow of Gorkha seemed to have appeared on the wall, the same has been forwarded till the present times including the earlier agitation by the GNLF in 1986 followed by the present ongoing one by the GJMM, still a shadow in content. Whereas, the substance is elsewhere preserved in the Constitution of India, which is unseen to have been overlooked.

Therein lies the dilemma of the dichotomy of chasing the shadow Gorkhaland whereas the substance Darjeeling District is already contained in the provisions of the Constitution implied and raised out of the Govt. of India Act 1935 and Excluded and Partially Excluded Area Order 1936. Therein Darjeeling District is already identified as a Partially Excluded Area for partial exclusion from the administrative reforms process, being excluded from the application of the legislatures of the State as well as the Centre provided by a notification by the Governor in Council in the ruling of the 1936 Order was implied and discussed by the Constituent Assembly of India 1946 by commissioning the Advisory Committee and the respective three Sub Committees. The last Sub Committee Excluded and Partially Excluded Area (other than Assam) have discussed and deliberated on the future status of Darjeeling District subsequent to (i). The independence of India in 1947 and (ii). The promulgation of the Constitution of India in 1950.

Subsequent to the Constitution come into force the provisions of even Partial Exclusion is a prerequisite determent to new state formations in India after independence 1947 as per the provisions of the Constitution of India 1950. To wit one of the many states originating out of Partially Excluded Area is Meghalaya in1972 out of Assam (Sixth Schedule) areas (i) Khasi Hill District (ii) Jaintia Hill District and (iii) Garo Hill District.

On the basis of which it is to be seen when the remaining three areas, singly or jointly formed state/states in the future. The areas of Assam being in Sixth Schedule (i). The North Cachar Hills District 1995 (ii). The Karbi Anglong District 1995 and (iii). Bodoland Territorial Council 2003.

It is evidential only in 2000 three new states were created from UP- Uttarkhand from Excluded and Partially Excluded Areas; Madhya Pradesh -Chattisgarh from Partially Excluded Areas; and Bihar-Jharkhand from Partially Excluded Area. Needless to mention Himachal Pradesh in 1971 originated out of Punjab (Excluded Areas) and UP (Partially Excluded Areas).

These besides most new states were formed after independence as well as after 1950 under areas covered by the terminology Excluded and Partially Excluded Areas presently these designated areas inhabited by autochthones or indigenous native tribes considered to be the national minorities holding the inalienable fundamental rights to self determination in the context to Indian state nation building as provided by the Constitution of India, endowed to form their own states in the Union.
The above deliberations are conclusive evident of state formations applying primarily the yardstick of fundamental rights of national minorities which precondition has been further supported by other communities inhabiting the regions, maybe with affinity to the common use of language and script at times but as a secondary measure of appeal although not provided in the Constitution itself. Considering these aspects it is only probable that Darjeeling District is expected to become a state, possibly with the Dooars Terai area of Jalpaiguri District for many reasons such as (i). contiguous geographical area to Kalimpong subdivision (ii). contiguous commonality of ethnology (iii). fulfilling the regional identity to the North East as provided by the definition of Backward Tracts contained in the Govt. of India, Scheduled Districts Act 1874 by virtue of which, de facto, Darjeeling and Jalpaiguri Districts had different administrative set up exclusive to the Centre and the Province.

The same system was forwarded to the Govt. of India Act 1935 as far as Darjeeling District was concerned. Whereas such was not the case for Jalpaiguri District having lost its regional identity with insufficient population of tribes to hold the fort. But in fact, just like many tribes of Darjeeling District Census 1931 were de-listed, similarly the majority tribes Koch ethnically Dravido-Mongoloid community were de-listed and listed as caste in the Hindu fold for having opted to be accepted as high caste. This was a fatal mistake, though in correct in application and justification to become cast out of tribes is a total aberration in any line of argument. It is not late to challenge this mistake and assert the rightness of the contents that Koches are basically tribals in every respect till the present times.

Hillman – the analyst