Gorkha community will not be prosecuted under the Citizenship Act in Assam, Himanta’s big decision

On Wednesday, the Assam cabinet took a landmark decision not to prosecute any Gorkha citizen under the Citizenship Amendment Act 1955 and to withdraw already registered cases relating to the Gorkhas from foreigners’ tribunals, no new cases will be registered against the same.

It also emphasized that any member of the Gorkha community holding Nepalese nationality and who has arrived in India by land or air over the Nepal border even without a passport or visa and staying in India for any length of time shall not be treated as an illegal migrant if he/she is in possession of certain identity documents specified by the Indian government.

Assam CM, Himanta Biswa Sarma tweeted, “You will be further happy to note that Assam cabinet took a decision today not prosecute any Gorkha citizen under the Citizenship Amendment Act 1955 and also to withdraw all pending prosecution relating to Gorkhas from foreigners tribunals.”

Raju Bista, MP from Darjeeling Parliamentary Constituency thanked Dr Himanta Biswa for recognizing Gorkhas as a protected class in Sadiya Tribal Belts and tweeted: “I thank Hon’ble Assam Chief Minister Shri @HimantaBiswa. Sarma ji and the Govt of Assam for recognising #Gorkhas as protected class in Sadiya Tribal Belts. I am most hopeful that, Gorkhas will be similarly protected all over Assam. #ThankYou”

There are around 25 lakh Gorkhas in Assam. Around 22,000 people from the community are tagged as doubtful voters. Around one lakh Gorkhas failed to make it to the final NRC. According to the Citizens Amendment Act, Doubtful voter’ is a category of voters in Assam who are disenfranchised for lack of citizenship credentials and barred from contesting elections and casting their votes.

Union home ministry’s September 24, 2018 notification clarifies that “Gorkha community who were Indian citizens at the time of commencement of the Constitution, or those who are Indian citizens by birth, or those who have acquired Indian citizenship by registration or naturalization in accordance with the provisions of The Citizenship Act, 1955 are not “foreigners” in terms of Section 2 (a) of The Foreigners Act,1946 as well as The Registration of Foreigners Act,1939, therefore, such cases will not be referred to the Foreigners Tribunals”. The cabinet further decided land patta provided to Indigenous landless people in the state will be ‘myadi pattas’ from the day of allotment and the possessors will not be able to transfer or sell the land for the next 15 years. “From now onwards, no permission will be required from DCs for registration of purchased flats”.

The Gorkha community is extremely happy and grateful regarding this decision of the CM, as they took to twitter to praise the remarkable judgment.

One twitter user tweeted: “Thank sir from bottom of heart , Gorkhas are intergal part of Assamese society,  affection, blessing would always upon u from Assamese gorkha.”

Another user tweeted: “That is why you are the best chief minister in the entire country. You are known for your commitment and your work sir, you have the guts to do things, make possible thank you sir. Further sir plz build assam as the most progressive state.”

The Gorkha Citizens in Assam have been living in Assam for decades and have always considered Assam as their homeland. They are patriots and an integral part of India; it was really wrong for an Indian citizen to suffer in a Foreigners Tribunal case. Assam CM Himanta Biswa had taken a major step by clearing this confusion and creating an inclusive Assam, there is no denying the fact that Sarma is the tallest leader in the North-East. Under Himanta’s leadership, great things seem to be in store for Assam.