Bilateral Now Nepal, India caught in boundary dispute By Gaurab Shumsher Thapa

The dispute concerning Kalapani and Lipulekh is not new. Different Nepali governments have, over decades, raised the issue with the Indian government, but in vain. The areas, situated at an altitude of over 5000 meters, have a significant strategic value,

A diplomatic row erupted between Nepal and India after the latter published a new political map after the reorganization of Jammu and Kashmir and Ladakh. While Pakistan immediately condemned the map, it was Nepal’s reaction that caught India by surprise. After a series of demonstrations across the country, Nepal’s foreign ministry issued a statement claiming that Kalapani was Nepal’s sovereign territory.

Nepali Prime Minister K. P. Sharma Oli convened a meeting of leaders of political parties and experts to deliberate on the issue. They reiterated Nepal’s territorial claim over areas covering Kalapani, Lipulekh and Limpiyadhura. The meeting also advised the government to initiate diplomatic efforts with the Indian government to resolve the issue.

The Indian Ministry of External Affairs (MEA) spokesperson clarified that no changes had been made to India’s border with Nepal compared with the maps published earlier and said India was willing to solve any such issues through dialogue.

There are border disputes at several places between Nepal and India, of which those related to Kalapani and Susta are preeminent. In the Kalapani border dispute, the major bone of contention has been the origin of the River Kali (the Mahakali in Nepal) that separates Nepal’s western border with India.

Nepal and Britain entered into the treaty of Sugauli after the Anglo-Nepalese War of 1814-1816. The Treaty between Nepal and the British East India Company determined the River Kali as Nepal’s western border, which implies that territories to its east should belong to Nepal.

Based on historical evidence and documents, Nepal claims that Limpiyadhura, Kalapani and Lipulekh fall inside Nepal’s sovereign territory. While Nepal asserts that the River Kali originates in Limpiyadhura, India claims that the River Kali originates further east, in Kalapani. Nepal’s claim is substantiated by various maps published by the British East India Company between 1827 and 1856, indicating that Limpiyadhura is the source of River Kali.

The dispute concerning Kalapani and Lipulekh is not new. Different Nepali governments have, over decades, raised the issue with the Indian government, but in vain. The areas, situated at an altitude of over 5000 meters, have a significant strategic value, being at the tri-junction of NepalIndia-China. The Lipulekh Pass was an ancient route for traders and pilgrims transiting between Nepal and Tibet. Nepal had seriously objected to the Sino-Indian agreement in 2015 to boost border trade and pilgrimage activities through the Lipulekh Pass, claiming that it infringed upon its sovereignty.

When Nepal conducted a census in these territories in 1961, there were no Indian citizens or security personnel. After the 1962 Sino-Indian War, Indian forces occupied these territories and established their posts, thereby diluting Nepal’s sovereign claim.

Nepal and India seemed to have mended their ties since the 2015 economic blockade and this dispute has resurfaced at a very odd time. Oli has urged India to withdraw troops from the Kalapani area and hoped the issue would be resolved bilaterally, through diplomatic negotiations. The Nepalese government, however, is yet to take up the issue formally with the Indian government.

The governments of Nepal and India constituted a Foreign Secretary level committee in 2014 to look into border disputes and recommend suitable measures. However, it is increasingly clear that the mechanism will not make headway as not even a single meeting has taken place.

The issue should now be appraised at the highest levels, as it requires political will to solve the issue. Oli should convince Indian Prime Minister Narendra Modi that this is a genuine matter close to the hearts of the Nepali people and, if it can be resolved amicably, it will go down in history as the turning point in Indo-Nepalese relations.

Territorial disputes are difficult to resolve because there are a lot of painstaking processes and it requires patience. Every political party in Nepal has shown extraordinary unity in urging the government to take up the matter with India diplomatically.

When it comes to sovereignty, nationalist sentiments come to the fore. India should not treat spontaneous nationalist sentiments expressed by Nepalese as fuelled by those with vested interests.

Nepal and India share deep geographical, historical, cultural and people-to-people links. Due to the open border, their ties have

been further strengthened but, at the same time, invited vulnerabilities in the form of cross-border terrorism, organized crime, smuggling, and human trafficking among other problems.

After decades of armed conflict and political transition, Nepal has a strong government in Kathmandu. India is Nepal’s biggest development partner. When it comes to sovereignty, no country is big or small. Nepal and India have boundary disputes at 71 different places. Since Kalapani-Lipulekh is among the most crucial, both Oli and Modi have the opportunity to make history.