AN INSIGHTFUL MORNING : Asking Right Questions : India- Nepal Border Dispute

By His Grace and Blessings I write…

Asking Right Questions; Indo- Nepal Border Dispute

Introduction;  The aim of this blog is to make aware the reader about the latest border dispute between India and Nepal. I will first try and take you through a brief history of this dispute. I will then try to highlight what has gone wrong and why it has gone wrong. It will be my endeavor to present the things as clearly and as honestly as possible.  Reader will be at discretion to draw his own conclusion in the matter. I will raise certain questions and will try to answer them to the best of my ability and as per my limited understanding. I am not an expert in foreign affairs and neither have I claimed to be so. I will just try and apply some common sense to this matter. I abide by the maxim…How the many sides to every story shape our reality…

Disputed Area;  Kalpani-Limpidhura-Lipulekh trijunction between India-Nepal-China

A brief History;

The genesis of this dispute lies in the Treaty of Sugauli entered in 1815 between the East India Company and the Monarchy of Nepal. As per this treaty the areas west of the river Kali were renounced by King of Nepal and they became part of British India. However, since no map was attached with this treaty, it became difficult to ascertain the areas without knowing the exact location of the river. Over a period of time in 1870, the Britishers tried to draw a new map of this border and didn’t take into confidence the Nepalese Monarchy. Since the rivers kept changing their course and maps were drawn without Nepalese consent, dispute arose between the two neighbors over the border.

However, historically Nepal never raised this dispute, not even during 1962 war between India and China.  Nepal and India had signed a “Treaty of Friendship” in 1950. The treaty virtually eliminated every barrier between the two countries. Goods moved freely, people traveled without documents, bought property, acquired citizenship and married across the border.

The Nepalese government raised this dispute for the first time in 1998. In the course of last 2 decades, the issue has come up several times, and despite repeated negotiations the 2 countries have failed to reach a consensus.

The Current Crisis and the questions;

This dispute though undoubtedly very old, but was never raised before 1998. The new maps of Nepal showing the disputed territories as parts of Nepal were unveiled during last week. The Indian government objected strongly (and rightly so) and MEA called it a “Unilateral act not based on historical facts and evidence”. The serving Army general appeared in media and indirectly blamed China for this fiasco. Moreover, Manisha Koirala , a bollywood heroine also jumped in to the fray and supported Nepal in this matter. These twin events of a serving Army General and a Bollywood actress of Nepali origin gave enough masala to the media and social media groups to divert the whole attention from the main question. The question which no media channel or print media raised is …

What prompted Nepalese government to unveil a new map which claimed parts of Indian territory as its own? Why did the things come to such a pass now?

The question assumes critical significance when one looks at India Nepal relationship since 1950 through the prism of Treaty of Friendship as mentioned above. India and Nepal are bound by an umbilical relationship. For many Indians, Nepal is another state of the country. So to break this umbilical and indestructible relationship an extraordinarily sustained effort was required. How this sustained effort was put into motion and how it succeeded in bringing an end to this indestructible relationship is the most relevant question that needs to be asked. The following discussion is an attempt to understand all that …

To understand this I will take you a little back to the year 2007 in which Nepal had adopted an interim constitution and a constituent assembly to draft a new constitution for Nepal. In 2012, this Constituent Assembly was dissolved which left the country in a legal vacuum. Elections were held in 2013 and a second Nepalese Constituent assembly was constituted for drafting new Constitution for Nepal within a year. On Sept 20, 2015 after much deliberation the new Constitution of Nepal came into effect. In the same year a deadly earthquake hit Nepal.

India”s reaction;

The Indian government reacted very strongly to the adoption of the constitution by Nepal in 2015. The background of this reaction was that the Indian government had earlier in 2014, dispatched its foreign secretary to Nepal, to delay promulgation of the new constitution. According to Ameet Dhakal, one of Nepal’s most distinguished journalist who was privy to the discussion of Indian foreign secretary with Nepalese Government, “The emissary didn’t have a message; he only had a threat’, and his ‘stiff body language and harsh tone matched the arrogance of British Viceroy Lord Curzon’.

The Nepalese were outraged that the ‘largest democracy in the world, and Nepal’s steadfast friend ‘  was demanding that Nepal ‘call off her momentous day’. The apparent reason for India’s interference was that Nepal under its new constitution didn’t give adequate representation to ethnic Indian minorities like Madhesis(largely of Bihari origin). However, these apparent reasons may be looked in to through a different prism as well. Bihar, the Indian state that shares a long border with Nepal , was about to hold an election and by squeezing Nepal ,someone on the Indian side was hoping to win the votes of Biharis (who had  relatives among the ethnic minorities across the border). So the reasons for intervention and harshness from the Indian side appear to be hazy as to whether it was genuine concern for minorities or it was with the objective to influence a few votes as the cost of an indestructible an enduring relationship. It is something that needs to be scrutinized before reaching any final conclusion.

Nepal ignored India and went ahead with voting for the constitution. The Indian government didn’t send even a dry note of congratulations. Nepal formerly a Hindu Kingdom formally adopted a secular republic. The Indian government when it failed to convince Nepal in delaying promulgation of Constitution,  demanded a series of amendments to this Constitution. When Kathmandu didn’t relent, there followed a lengthy blockade of Nepal. Oil containers and trucks carrying medicine piled up at the open border. Dozens of Nepalese citizens were killed in political unrest and, according to UNICEF, more than 3 million children were placed at risk o death and disease. Post earthquake (devastating Earthquake in Nepal occurred in 2015) reconstruction and aid efforts came to a halt.

Marooned by India and faced with drastic shortages of food, medicine and fuel, Nepal made desperate appeals to the world for emergency assistance and diplomatic intercession. A deep revulsion for India crystallized in Nepali minds and hearts. China immediately stepped in to help Nepal and fill the vacuum created by Indian apathy and arrogance and hubris of its leaders. China exploited the rage against India and the Indian soul-sibling was driven into the arms of Beijing. The whole goodwill and influence that was built over the decades of hard work was destroyed and reasons seemed to be more political than a genuine concern for the minorities. A man who considered himself a geostrategic genius lay to waste within 1 year an entire hard work  and goodwill of more than 50 years……. The umbilical relationship was broken and Nepal published its new maps in 2020.

Conclusion; There have been attempts to blame China for instigating Nepal. China has invested billions of dollars into Nepali Infrastructure and has strengthened its hold in the internal affairs of Nepal. There are reports that China through use of dollar power has influenced Nepal. Well it may be true and cannot be denied but is it the real reason or is it the outcome of  some other hidden events that were set into motion  during last few years .Moreover, one needs to understand that China was always economically powerful than India during the last 30 years. Had it been so easy, it could have done it earlier as well. Why it happened now is what demands answers. Discussion on Manisha Koirala is irrelevant and her opinion has no value anywhere. So concentrating on her is a waste of time and energy and will unnecessarily divert our attention form the core issue.

Nepal has adopted a Constitution and like all other Constitutions of the world, this too will mature and evolve. Amendments can always be made depending upon the internal political, social and economic situation of that country. No one has any right to force any other country to adopt a particular amendment or delay the promulgation and adoption of its Constitution. Every country should first concentrate on its own internal matters of dispute and improving lives of its citizenry before interfering and advising others about the rights of ethnic minorities. Moreoevr, one must not  adopt such drastic and harsh measures with such a close friendly nation which is so similar in so many respects to us. What is hidden behind the veil shall be pierced through an absolutely independent mind free of bias and prejudices. Remember in international affairs there are no permanent friends or enemies but interests that govern their relationships….

I am reminded of what William James said once, “ There is no worse lie than a truth misunderstood by those who hear it” and in words of Richard Burton, “ Truth is a shattered mirror strewn in myriad bits; while each believes his little bit the whole to own”. But remember that truth is stranger than fiction and partial truths are dangerous and never make you any wiser…

Disclaimer..The views expressed above are as per my limited understanding and they shall not be construed as views of an expert of international affairs. I am a novice in the field and don’t claim that my views are correct or right. The views are just common sense observations of an ordinary citizen. In a democracy every citizen has a right to ask questions and that is what I wish to do. To me the interest of my motherland is supreme and I will do whatever I can to protect and promote them.

BY His Grace and Blessing I write….

Dr. Seema Chaudhary