India-Nepal Relation in Deep Maelstrom

Current Scenario 

The Lower House of Nepal’s Parliament passes amendment on a new map. Nepal’s Parliament on Saturday unanimously voted for the second Constitutional Amendment Bill, which guarantees legal status for new political map of the country that includes part of Indian territory in Uttarakhand. Their new map shows places such as Limipiyadhura, Kalapani and Lipulekh, including strategically important Lipulekh pass, which are in Uttarakhand’s Pithoragarh district as part of that country’s territory.

Historical Relation: Treaty of Sugauli

It is a treaty that established the relation about the boundary line of Nepal, was signed on 2 December 1815 and ratified by 4 March 1816 between the East India Company and Raj Guru Gajaraj Mishra with Chandra Shekhar Upadhaya for Nepal following the Anglo-Nepalese War of 1814-16. The treaty represented a Nepali surrender to the British and contained the concession of Nepal’s western territory to the British East India Company. The result of this treaty was that Nepal lost almost one-third of its territories on the east, south and west.

Why are Nepalese not accepting this treaty ?

Nepal is not accepting this treaty because they thought that aim of any treaty is to provide both the sides more or less equal o equitable benefits even of one side get a little more benefits and the other a little less. But Nepal suffered only losses because of the treaty while British India gained a huge territorial advantage. The British got the facilities of the corridor in the concession was made for Nepal.

They also claim that this treaty was not signed by both parties. The draft was prepared by the only East India Company with the signature of Lieutenant Colonel Paris Bradshaw on December 2, 1815. Nepali Majesty signed over the treaty because he threatened by the East India Company.

At present Nepal renounced “all claims to or connection (as in original text with the countries lying to the west of river Kali.” (Art. V.) The land east of the Kali thus remained with Nepal. This claim is reinforced by some old revenue records and gazette notifications.

India’s Stand Over this Issue 

India accepts this position, but its claims arise from the ambiguity in the treaty on the identification of the Kali river and its origin. According to India, the river originates from Lipu Lekh and then merges into other streams and tributaries to become the Mahakali. Nepal contends that Kali originates from Limpyadhura and the stream originating from Lipu Lekh is called Lipu Khola. India commented that we can solve this issue by bilateral talks but Nepal does not seem taking interest in this matter. There may be some doubt, opacity or obscurity but it can be solved through the bilateral discussion. Nepal should come over the table and discuss this issue. 

The British Government

British government ruled over India for almost 200 years. They took many decisions but all the decisions are in controversy in today’s scenario. Either we talk about the decision over Indo-Pak border or Indo-Nepal border. Everywhere, we will get unsatisfied decision or disputed matter where the British government was involved. The main aim of the British government was to rule over the countries for a long time. And they follow the “divide and rule” principle. First Pakistan raised concern over the Kashmir and now Nepal is behaving in the same way. 

Epilogue

The maps issued by the British between 1816 and 1860 may favour the Nepali position. But, the maps issued afterwards endorse India’s position. It is possible that the British administration changes this position through proper surveys or subsequently decided to manipulate this position, to serve its larger strategic and commercial interests in using the Lipu Lekh pass for access to Tibet. Independent India was handed over access to Kalapani and Lipu Lekh by the British.

Blaming India for any encroachment is baseless. It must be borne in mind that much before the British came, not the Gurkha kings annexed Kumanon and Garhwal regions-then surrender under the Sugauli Treaty-Indians were using this route for the pilgrimage to Kailash Mansarovar. The route has deep spiritual and civilisational significance for India. China accepted Lipu Lekh as one of the cultural and commercial transit points with India under its 1954 Peaceful Co-Existence Agreement. This was reiterated in 2015 in a joint statement during the Prime Minister Narendra Modi’s visit to China.