Saturday, May 23, 2020

SUMMARY OF INDIA NEPAL BORDER DISPUTE

INTRO



The relationship between NEPAL and INDIA dated backs to the times of Gautam Buddha and Sakya clan. On 31st July 1950, both countries signed the Treaty of friendship and peace. The treaty enables the citizens of one country to go and live in another country without needing any document. Basically they extended the National treatment to each other's citizens. As per Article10 of the Treaty, any party can demand changes in the treaty anytime in the future.



TABLE OF CONTENT

  • Treaty of Sagauli
  • Recent developments
  • Kalapani issue
  • Lipulekh pass
  • Nepal constitution and Madhesi problem
  • Steps taken by India
  • Way forward


TREATY OF SAGAULI

 

The expansionist policy of Britishers led to conflict with Nepal king who was in possession of whole of Nepal, Garhwal an Kumaon region of Uttarakhand and parts of Sikkim state. This turned into ANglo-Nepal wars in 1814, which ended with The TREATY OF SAGAULI. Britishers drafted this treaty and asked Nepal's king to surrender Garhwal and Kumaon regions and southern plains to them in lieu of protection from further attacks of Britishers. King refused to sign this treaty, and after almost three months of standoff, a courtier signed the treaty from Nepal's behalf. So the fact that the treaty is not signed by the king makes things complicated later on. Also the treaty marks river Mahakali as the western border of Nepal.



                                           (source: Wikimedia Commons)



RECENT DEVELOPMENTS

 

Due to open borders, there are border pillars that mark the actual boundary between two countries. These pillars sometimes get washed away during floods making borders vague. So in 1981, both countries set up a Joint technical level boundary committee to survey boundary again. The committee in 2007 submitted its report with around 182 strip maps to be ratified by both countries. This ratification is still pending. Later, in 2014 both countries form the Boundary working group to resolve the KALAPANI and SUSTA issue.

Here the main problem is that borders are marked by rivers, which often change its courses making it difficult for both the country to manage borders. BORDER WORKING GROUP will use modern technologies to identify the borders. Both countries decided to resolve these issues at the level of foreign secretaries.





KALAPANI ISSUE

The origin of the Kalapani issue goes back to the Treaty of Sagauli. According to the treaty, the Kali river is the boundary between the two countries. There are two streams that combine to form River Kali. In between these two streams, lies the area known as Kalapani. The problem is that Nepal claims that western stream to be the main River Kali and thus claiming the whole of the region of Kalapani. While India says that river Kali is formed, just when those two streams combine so , the border starts from the point of meeting. Thus parts behind that point Kalapani is to be part of India. Indian claims are backed by historical maps published by Britishers and India. Nepal never showed it in its mas. Though Nepal protested Indian claims at various point of time.








LIPULEKH PASS

 

Nepal claims the southern side of the LIPULEKH pass, called Kalapani territory.NEPAL also protested in 2015 joint statement of INDIA-CHINA, in which both countries agreed to use the Lipulekh pass road as the trade route. Lipulekh is at the trijunction of Nepal, India, and China.

Nepal constitution and Madhesi problem

  

There are mainly two types of people in Nepal
First are PAHADI  who lives in mountainous region and are in majority in Kathmandu. Also they are politically dominant people in NEPAL.Second, are MADHESI people who live in Terai region. They constitute 50% of the population of NEPAL.


In 2015 new constitution came into existence that replaces the interim constitution of 2007. In this new constitution Madheshi people are not given representation in parliament according to their population. i.e. out of 165 seats, they are only given 65 seats, despite the fact that they constitute 50% of the population. This new constitution also made a new rule that if a Nepali married Indian bride than she will be considered foreigner for 5 years. which was not the case earlier. Previously any person marrying could easily get the citizenship of the nation. This violated the BETI-ROTI relationship between India and Nepal. 
Both these issues are raised by India diplomatically. India urged Nepali leadership to make constitution more inclusive and representative. Meanwhile Madeshi people starting blocking roads within Nepal. This blocked the supplies to NEPAL from India. NEPAL considered it as the blockade of India in order to force it to amend its constitution. This made Nepalese people really angry towards India. From that point of time Nepali Politicians used this anti-India Rhetoric to garner support in local politics.


Steps taken by India 

India constantly supports Nepal in its developmental activities. Billions of dollars of line of credit ( a type of loan) were given to Nepal. After the 2015 Earthquake India was the first country to respond and helped with full generosity. India never encroached any territory of Nepal. The recent border dispute is historical and the status quo of any border is never disturbed by India. India was in possession of the Kalapani region when it gains independence. since then both countries tried to solve border issues but the actual control of the region was with India. Also in the 1962 war, India used it for its advantage. India also considers Lipulekh pass as a strategic area. 



Way forward


Both countries could and should resolve this issue diplomatically. There is no recent change that could be said as an aggressive stand by India. since Kalapani is in possession of India and India used it historically so it's better that both countries try to gain the confidence of the other side.
In my opinion since the status quo is jot changed, so there is no need for Nepalese to be aggressive. This dispute could be used by China to gain inroads into Nepal. 
Both countries share family relationships. Bith have historical ties. Both countries share common belief systems. so It's better for both countries to play diplomatically and tactically.




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