Some facts about the District of Darjeeling (Part One)

By Barun Roy

1. The land of Darjeeling district including Kalimpong and Dooars areas, was ceded to the East India Company and to British India by the Kingdom of Nepal and the ingdom of Bhutan as per the Treaty of Sugaulee of December 2, 1815, and the Treaty of Sinchula of November 11, 1865, respectively. History thereafter took many twists and turns in regard to the status of these ceded areas. At one time, these ceded areas were a part of Sikkim and then of Bhagalpur in Bihar. Next, these were made a part of Rajshahi Division, presently in Bangladesh. Now the areas are a part of West Bengal. The British even considered maing Darjeeling a part of Assam in response to a strong demand from the people of the area. Again, these ceded territories were once officially regard as “Excluded Areas” within Bengal and thereafter as “Partially Exclused Areas”. Importantly, however, the question of the legal status of the said areas remained hazy and undecided when the British decided to quit and India became independent on August 15, 1947.
2. Indeed, several questions arose prior to the independence of India in regard to the fate and future of the Gorkha people and the land of the District of Darjeeling. At one state, the British were stated to be interested in returning the ceded land back to the Kingdom of Nepal. This proposal was favoured by a majority of the Ranas in the ruling circles in Kathmandu. However, the proposal was eventually not accepted by the Ranas on the ground that it would bring into the Kingdom Gorkha people of Darjeeling who were highly politicized because of their involvement in India’s freedom movement. They feared that this would only add to the troubles of the Rana sarkar which was already under threat and tottering.
3. The British Government then toyed with the idea of making Darjeeling a “Chief Commissioner’s Province” under direct British rule as in the case of Hong Kong. This proposal is said to have been inspired by the British tea planters of Darjeeling district. Most of the local elite, intellectuals and lawyers whole heartedly welcomed this development. A campaign was even launched by them to educate the masses of Darjeeling and moblize their support of the proposal. But some local political leaders vehemently opposed the move. The proposal thereupon fell through, much to the anger of the British planters.
4. Meanwhile, the then leaders of the Muslim League came forward with their own plan for Darjeeling and its merger with East Pakistan. A Muslim league team visited Darjeeling around the same time, held talks with the leaders of the local political party and participated in a convention on the merger issue. Some understanding appears to have been reached between them. This was reflected in the bizarre developments in Darjeeling between August 14 and 18, 1947. This Pakistani flag fluttered on the Darjeeling Town hall for full five days in place of the Union jack. Darjeeling was popularly stated to have become a part of Pakistan in preference to India and Nepal. In fact, even sweets were disturbed and fireworks let off in joyous celebration of Pakistan’s independence.
5. Confusion and speculation in regard to Darjeeling’s fate and status ended on August 19, 1947 when India’s tricolour, the national flag, replaced the Pakistani flag on the Darjeeling Town hall. A fresh controversy, however, arose after a year when the local unit of the Communist Party of India adopted a resolution advocating the creation of Greater Nepal comprising Nepal, Bhutan, Sikkim, Darjeeling and Dooars. Importantly, the vast majority of the Gorkha people did not understand the concept of Greater Nepal or support the demand. Only certain vested interests then backed he demand which came to be aired from time to time, though feebly.
6. A great encouragement has been received by the Greater Nepal activists from what I consider to be a blunder in the Indo-Nepal Peace Treaty of July 31, 1950. This was in sharp contrast to the wisdom shown in the Treaty of Peace and Friendship signed earlier between the Governments of India and Bhutan on August 8, 1949. This Indo- Bhutan Treaty appropriately confirmed and ratified the past Treaties, including the Treaty of Sinchula of 1865 under which Kalimpong and Dooars were ceded to British India. But the Indo-Nepal Treaty signed a year later did not do the same. Instead of confirming and ratifying the past Traties, it “cancelled” all the previous Treaties, agreements and engagements between the British Government and the Government of Nepal.
7. The implications of this “cancellation” are obvious. In the absence of confirmation and ratification, the cancellation of the earlier treaties etc., including the Treaty of Sugaulee amounted to a restoration of the statues quo ante – and virtually revived the original ownership of Nepal over the areas ceded to the British prior to the Indo-Nepal Treaty of 1950. We also need to note in this context one other fact. The East India Company and the British Raj paid to the rulers of Kathmandu vide the Treaty of Sugaulee Rs. 2 lakhs annually as “compensation” for the alienation of the land ceded by Nepal. (See Article 4 of the Treaty of Sugaulee). This is being interpreted by the Greater Nepal activists as giving the ceded lands under the Treaty of Sugaulee the character of transfer of lands on lease.