Unlawful exercise of political rights by the treaty beneficiary Nepali Nationals in India

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Shri P.Chidambaran
Hon'ble Minister of Home Affairs
Government of India
New Delhi

Dear Sir,

We desire to draw your attention to unlawful exercise of political rights by the treaty beneficiary Nepali Nationals in India (vide Indo Nepal friendship Treaty 1950 '6th and '7th articles). As your goodself is very much aware about the continued flouting of the provisions of Indo Nepal friendship treaty 1950, by the treaty beneficiary migrated Nationals of Nepal in India? May we draw your attention to the following points? 1) According to India Nepal friendship treaty's 6th and 7th articles, the migrated Nepali Nationals are entitled to certain specified categories of civic rights only. The said treaty does not confer to them political rights of a citizen or citizenship of India. 2) The extra ordinary Gazette notification of Government of India Part-I, Section-I, 23rd August 1988, No.26011/6/88-IC.I, expressly clarifies that every Gorkha either born or resident of India for 5 years before 26.01.1950 i.e. commencement of constitution shall be a citizen of India. 3) In contrary to the meaning and spirit of the Article 326 of part XV of the constitution of India the electoral rolls are prepared without keeping any special provisions to prevent inclusion of the names of non citizen treaty beneficiary Nationals of Nepal in the electoral rolls of India. 4) We, the bonafide citizens of India, residing in West Bengal, observed with great pain and anxiety that our central and state governments are entering into negotiations and even accords on certain political demands like curving out of separate state or regional autonomy for a class of people known as 'Gorkhas'. We take the privilege to apprise the government about the sui- generic status of the 'Gorkhas' so far as the citizenship is concerned (vide Indo Nepal Treaty 1950 and extra ordinary Gazette notification, dated 23rd August 1988; No.26011/6/88-IC.I). Till identification and registration of treaty beneficiary Nepali Nationals in the territory of India, no negotiations should be continued because those negotiations cannot be and will not be legally valid. A quick look at the census figures from 1951 to 2001 will be a glaring example of how India is invaded by foreigners, who are of late trying to disturb the peace, unity and sovereignty of our country. This being the situation and the truth behind the present turmoil in the name of so-called movement for 'Gorkhaland'. We take the privilege to apprise you about our demands and prayer for their participation. 

The demands are: · Identify and register the treaty beneficiary Nepali Nationals. · Exclude names of those foreigner guests from all electoral rolls and prevent such entries. · Not to entertain political demands from a class of people whose citizenship status is not ascertained till today.



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