Gorkha Rights Restored Post-Article 370 Nullification

The nullification of Article 370 on August 5, 2019, brought immense joy to the Gorkha community living in Jammu. They believed this change would finally grant them permanent resident certificates and the rights that had long been denied to them due to the discriminatory policies of Article 370.

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Who are the Gorkhas living in Jammu & Kashmir?

The Gorkhas are a martial community from Nepal who migrated to Jammu and Kashmir in mid-19th century. They came at the invitation of the Dogra dynasty, which had friendly relations with the king of Nepal. The Gorkhas joined the Dogra Army and fought alongside them in various conflicts, including the Battle of Hunza, World War I/II and the Pakistani invasion of 1947. During the Pakistani invasion of Mirpur district in October and November 1947, the Gorkhas as part of the Dogra Army, demonstrated exceptional bravery. They fought with determination to defend the city and protect the 25,000 Hindus and Sikhs living there at the time, fighting to the "last man and last round."
The Gorkhas continued their military service in the Indian Army, participating in the wars of 1947, 1965 and 1971 against Pakistan, as well as the 1962 war against China. Today, the Gorkha community in Jammu and Kashmir comprises about 100,000 individuals, with many war veterans among them. The Gorkhas primarily speak Nepali and aspire to have their language officially recognized by being included in the Eighth Schedule of the Indian Constitution. Although some may label them as “Nepali” due to their ancestry, they hold Indian citizenship with pride. Their ancestors moved to India over 200 years ago, and the Gorkhas have since been integral residents of the region.

How Did the Gorkhas Feel Discriminated?

Before the partition of India, the Gorkha families enjoyed a life of dignity. Maharaja Hari Singh had established a colony in Srinagar for them, named after their two clans—Magar and Mal Bagh. However, the situation for the Gorkha community deteriorated significantly in the 1990s as terrorism swept through Kashmir. Under the provisions of Article 370 and 35A, the Jammu and Kashmir state government controlled the issuance of Permanent Residency Certificates (PRCs). Despite living in the region for over 200 years, the Gorkhas were largely denied these certificates. They were often told their Nepali origin made them ineligible for PRCs, despite their long-standing presence and contributions. The situation worsened when the Jammu and Kashmir government instructed the armed forces to consider only those with a Permanent Residency Certificate. This policy was particularly painful for the Gorkha community, which had served the region with distinction. Lacking PRCs, Gorkhas were unable to apply for government jobs or seats in professional colleges, leading to significant setbacks for their youth and pushing the community into backwardness. They felt dismayed that their long-standing sacrifices for the state seemed to have been in vain. Additionally, approximately five hundred Gorkha families were allotted land in various parts of Jammu and Kashmir. However, these families did not receive legal ownership rights over the land. They could only occupy the plots allocated to them and were unable to own land outside these designated areas. As one Gorkha member explained, "It was enough for one family initially, but as our families grew, we couldn't buy more land and had to manage on the small plots we were given." Thus, having denied Permanent Residency Certificates under Articles 370 and 35A, the Gorkha community faced setbacks in employment and education, while limited land rights further hindered their growth.

Testimonial Accounts Post-Article 370 Status Change

The Gorkha community feels that justice has been served with the nullification of Article 370, which has finally granted them the full rights they deserve as Indian citizens. They were among the first to eagerly apply for their domicile certificates in Jammu & Kashmir and many within the community have now received permanent domicile permits paving the way for a more secure and prosperous future. 68-year-old Prem Bahadur said, “My father, Harak Singh, had served in the army of the then ruler Maharaja Hari Singh. My brother Om Prakash and I went on to join the Gorkha Rifles. I retired as a Hawaldar, and he as a lieutenant. Every year since we left the Army, we would apply for Permanent Resident Certificates (PRCs, required for jobs, admissions, and property ownership). But it was of no use. Now, my MBA son can apply for a government job, and I can die in peace knowing I served India.” Chaman Lal, a 62-year-old retired officer, said, “My father served in 3 JAK Rifles, I served in 2 JAK Rifles, and my son Shiva is in 7 JAK Rifles. We have always been proud Indians and knew that justice would prevail.”

Conclusion

The Gorkha community have resolved to celebrate August 5th as a festival each year, marking their newfound recognition and rights. They see this as a significant step towards preserving their heritage and ensuring a better future for their younger generations. This annual celebration will not only honour their past sacrifices but also symbolize their hope and pride as equal citizens of India.