In-Depth Citizenship Issues plague Nepali speaking Indians!

The MNIC has led to bonafide Indian citizens being clubbed with other illegal migrants’ writes Jyoti Thapa Mani

KIRTI SINGH BIST, DEVENDRA GUSAIN AND KULDIP Singh Rana are among 48 residents of Chamoli district in Uttarakhand who, despite holding identity cards issued by the Election Commissioner of India, have been categorized as foreigners and have had their ration cards cancelled by the district supply officer.

Why?

Because they speak the Nepali language.

In neighboring Pithoragarh district, in village Darim-Khola, Karam Chandra Baral, a fifth-generation Indian domicile resident (whose ancestors came from Nepal), owns a portion of land duly registered and mutated in his name. However, he cannot build his house on it, because the revenue authorities and Pithoragarh Police identified him as a Nepalese citizen. Baral is also threatened with dispossession of his lawfully purchased land.

In Nagpur, Maharashtra, Sitaram Thapa, a permanent employee at Kishen Gurunanak School since 1995, worked as a night guard on a gross monthly salary of Rs 6,000. He was told his salary was to be reduced to Rs 2,500 as a casual labourer because the Maharashtra Education Department had no provisions for employment of guards.When the matter was taken up in the Nagpur Lower Court, the school in its affidavit claimed that Thapa was a Nepalese citizen. Subsequently, in January 2008, the Court asked Thapa to prove his Indian citizenship.

All three acts happen to be unconstitutional.

The Eighth Schedule of the Indian Constitution lists Nepali among 22 recognized Indian languages. And the 1950 India-Nepal Friendship Treaty allows citizens of both countries full access to all privileges on both sides of the border.

Article 7 of the Treaty states: “The Governments of India and Nepal agree to grant, on reciprocal basis, to the nationals of one country in the territories of the other the same privileges in the matter of residence, ownership of property, participation in trade and commerce, movement and other privileges of a similar nature:’ Says D.S. Garbiyal, district magistrate of Chamoli, “The ration card cancellation is under enquiry at the sub-divisional magistrate’s court:’ Meanwhile, the 48 Nepali-speaking people in Chamoli continue to starve.

Nepalese and Indians have common ethnic roots from time immemorial. In fact, Uttarakhand, parts of Himachal Pradesh and Nepal formed one country, duly recognized as such by the British- India rule. In 1815, by virtue of the Treaty of Sagauli signed between Nepal and British-India, Nepal had to cede Kumaon, Garhwal, today’s Himachal Pradesh, the Terai region and Sikkim- Darjeeling to British India.

The Treaty of 1860 returned the Terai lowlands to Nepal. And then came the 1950 Treaty. Today, Nepal performs the role of service provider to India, especially to Indian defence, while Indians are largely business investors in Nepal. Top Indian industrial houses, such as Dabur and lTC, have substantial business presence in Nepal. The Nepali-speaking population in India comprises mainly of Indian Gorkhas (descendants of the Indian Gorkha regiment from the 19th century), India-domiciled Nepalese migrants, Nepali-speaking Indians of non-Nepalese descent and Nepalese citizens serving in India. The fourth is the only foreign category, but is still protected by Article 7 of the 1950 Treaty.

The free flow of people between the two countries has created another problem. There are millions of people of Nepalese origin living in India for decades and vice versa, who do not posses either Indian or Nepali citizenship papers. They face dissolution of their property, non-grant of ration cards or even pensions, alongside the trauma of suddenly being categorised as illegal migrants.

The introduction of the Muti-purpose National Identity Card (MNIC) by the UPA government in 2006 has made matters worse. The objective of this card is to increase national security, manage citizen identity and facilitate e-governance.

In simple words, flush out infiltrators. This pilot project has been launched in 20 select infiltration-prone sub-districts of 13 states and Union Territories. The MNIC has led to bonafide Indian citizens being clubbed with other illegal migrants, especially because when MNIC was introduced, no details of the 1950 Treaty were provided to the various states.

It seems like the 1950 Treaty, though still existent on paper, has ceased to be functional on I the ground, leading to harassment of vulnerable people by exploiters, land-grabbers, and politicians playing ethnic games.

Submitted by Bishal Rai