In news:

• Nepal has raised the Kalapani boundary dispute with India during the Joint Commission meeting of the Foreign Ministers.

 

Kalapani Boundary Issue

• Mapped within Uttarakhand is a 372-sq km area called Kalapani, bordering far-west Nepal and Tibet.
• A treaty signed between Nepal and British India in 1816 determined the Makhali river, that runs through Kalapani, as the boundary between the two neighbours.
• The Treaty of Sugauli concluded between British India and the Kingdom of Nepal in the year 1816, maps the Makhali River as the western boundary with India.
• But different British maps showed the source of the tributary at different places which were mainly due to underdeveloped and less-defined surveying techniques used at that time.
• However, the river has many tributaries that meet at Kalapani. For this reason, India claims that the river begins at Kalapani but Nepal says that it begins from Lipu Lekh pass, which is the source of most of its tributaries.
• While the Nepal government and political parties have protested, India has said the new map does not revise the existing boundary with Nepal.
• India claims that the river begins at Kalapani but Nepal says that it begins from Lipu Lekh pass, which is the source of most of its tributaries.

 

Legal Dimension of Issue

• According to International Laws, the principles of avulsion and accretion are applicable in determining the borders when a boundary river changes course.
• Avulsion: It is the pushing back of the shoreline by sudden, violent action of the elements, perceptible while in progress. Also, it can be defined as the sudden and perceptible change in the land brought about by water, which may result in the addition or removal of land from a bank or shoreline.
• Accretion: It is the process of growth or enlargement by a gradual buildup. It is the natural, slow and gradual deposit of soil by the water.
• If the change of the river course is rapid – by avulsion – the boundary does not change. But if the river changes course gradually – that is, by accretion – the boundary changes accordingly.
• Since, the Gandak change, of course, has been gradual, India claimed Susta as part of their territory as per international laws
• On several occasions, India has tried to resolve the issue through friendly and peaceful negotiations, but the Nepali leadership has always shown hesitation in resolving the issue.
• In Nepal, the issue has become a tool for arousing strong public sentiment against India. Therefore, resolving the issue may not be in the best interest of Nepal’s domestic politics.

 

 

The Treaty of Sugauli

• Treaty of Sagauli, (March 4, 1816), an agreement between the Gurkha chiefs of Nepal and the British Indian government that ended the Anglo-Nepalese (Gurkha) War (1814–16).
• By the treaty, Nepal renounced all claim to the disputed Tarai, or lowland country, and ceded its conquests west of the Kali River and extending to the Sutlej River.
• Nepal remained independent, but it received a British resident with the status of an ambassador to an independent country rather than of the controlling agent of the supreme government in an Indian state.

 

Why is Lipulekh important for India?

• For India, the Lipulekh pass has security implications. After its disastrous 1962 border war with China, it was concerned about a possible Chinese intrusion through the pass and has been keen to hold on to the strategic Himalayan route to guard against any future incursions.
• The link road via Lipulekh Himalayan Pass is also considered one of the shortest and most feasible trade routes between India and China.
• The Nepalese reaction would probably have triggered in response to Chinese assertion.

 

India-Nepal ties

1. Cultural ties

• While enjoying their own peculiarities, both India and Nepal share a common culture and ways of life.
• Religion is perhaps the most important factor and plays a predominant role in shaping the cultural relations between these two countries, marked by a cross country pilgrimage on Char Dham Yatra, Pashupatinath Temple and some Buddhist sites.
• A considerable section of Nepalese comprises of Madhesi population which has familial & ethnic ties with states of Bihar, UP.

2. Strategic ties

• Nepal is a buffer state between India and China.
• Several Nepali Citizens are also deployed in Indian defence forces as well.

3. Political ties

• Constitutional turmoil is not new in Nepal. India has played a vital role in the democratic transition in Nepal against the monarch King Gyanendra.
• Nepali Congress (NC) is one of the country’s oldest parties which supports relations with India, but the communist parties show a tilt towards China.

4. Economic ties

• Nepal is an important export market for India.
• Himalayan rivers flowing through Nepal can be used for Hydroelectric power projects which will benefit border states of UP, Bihar and other adjacent areas.
• There are three major water deals between Nepal and India, namely the Kosi Agreement, the Gandak Treaty and the Mahakali Treaty. India also exports Power to Nepal.
• Also, Nepal is the largest borrower of Indian Currency in South Asia.

 

India’s importance to Nepal

• India is the nearest foreign employer to Nepali Citizens, which provides various avenues of work and ease in assimilation into a foreign culture.
• Nepal’s reluctance to Mandarin has overturned several Nepali students into Indian universities.
• India is the only potential neighbour who could harness Nepal’s hydropower.
• Moreover, Indian tourists are the major movers of Nepal’s tourism sector.

 

Constraints in bilateral ties

1) Nepali nationalism and Anti-India sentiments

• Anti-India Sentiment in Nepal is largely politically motivated as it is wrongly perceived as India’s backing to Monarchy.
• The widening gap in understanding each other’s concerns has helped feed Nepali nationalism and create a dense cloud of distrust and suspicion between the two countries.
• The gap widened after India chose to impose an economic blockade in response to Nepal’s sovereign decision to promulgate a democratic constitution.

 

2) China factor

• Increasing Chinese presence in Nepal is one of the major concern for India. China’s move to extend the rail link to its border with Nepal can reduce its dependence on India.
• Fundamentally these Chinese agencies are building up anti-India sentiments in Nepal.
• Nepal’s assent for “One Belt One Region” (OBOR) initiative of China is viewed by India with suspicion.
• Nepal has been slowly fallen prey to China’s inroad debt trap policy.

 

3) India has ignored the changing political narrative for long

• The reality is that India has ignored the changing political narrative in Nepal for far too long.
• For too long India has invoked a “special relationship”, based on shared culture, language and religion, to anchor its ties with Nepal.
• The 1950 Treaty of Peace and Friendship which was sought by the Nepali authorities in 1949 is viewed as a sign of an unequal relationship, and an Indian imposition.

 

4) Open borders

• The issue of open borders has also been a point of debate in Nepal in recent years- Nepalese people argue that India is benefiting more from it than Nepal.
• It has an open border with India which leads to problems such as illegal migrants, counterfeit currency entry, drug and human trafficking.

 

5) Madhesis Issue

• Madhesis share extensive cross-border ethnic and linguistic links with India. India’s involvement in Nepali politics and the upsurge in Madhesi have deep roots in history and unless resolved.
• Madhesis protest and India’s blockade soured the relations for the worst.

 

Way Forward

• The onus is on India to rethink on a long-term basis how to recalibrate its relationship with Nepal provided Nepal should not ignore its relations with India.
• Broader engagement from both sides is essential towards finding a solution that satisfies both sides.
• There are many possible modalities. Maybe it could include joint military deployment, special access rights for Nepali citizens or even a free-trade zone with China.
• The India-Nepal border issues appear more easily solvable, so long as there is political goodwill and statecraft exercised on both sides.