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Towards a Regulated Indo-Nepal Border

2008; Taylor & Francis; Volume: 32; Issue: 5 Linguagem: Inglês

10.1080/09700160802309233

1754-0054

Pushpita Das,

Sociopolitical Dynamics in Nepal

Abstract The Indo-Nepal border is an open border, which has facilitated close social, cultural, and economic exchanges and led to a special relationship between the two countries. However, in recent times, the increasing misuse of the borders by terrorists, political activists, anti-social elements, etc. has led to the demand for the closure of the border from the Indian side. The paper posits that a closed border is not beneficial for both the countries as the social and political costs involved in such a border are immense. Therefore, the paper suggests the ‘middle path’ of a regulated open border should be adopted as a policy. Acknowledgements I express my sincere thanks to Professor S.D. Muni for his suggestions while conceptualizing the paper. I also wish to thank the anonymous referees for their valuable comments and suggestions for improving the paper. Notes 1 The Indo-Nepal border stretches for 1,751 km covering the states of Uttaranchal, Uttar Pradesh, Bihar, West Bengal, and Sikkim. 2 Articles VI and VII of the ‘Treaty of Peace and Friendship between the Government of India and the Government of Nepal’, July 31, 1950, in India, Bilateral Treaties and Agreements, Vol . 1, 1947–1952, Ministry of External Affairs, Government of India, 1999, pp. 273–275. 3 Naya Muluk comprised the Tarai area from River Mahakali to River Teesta. The area was annexed by the British from Nepal after the Anglo-Nepalese war in 1815, but was returned to the Raja of Nepal in recognition of his contribution in quelling the Indian Revolt of 1857. See C.U. Aitchison, A Collection of Treaties, Engagements and Sanads relating to India and Neighbouring Countries, Vol. 14, Mittal Publications, Delhi, 1983, pp. 63, 72. 4 Buddhi Narayan Shrestha, Impact of Open Border between Nepal and India, December 15, 2006, at http://bordernepal.wordpress.com/tag/uncategorised/page/2/ (Accessed September 7, 2007). Buddhi Narayan Shrestha is a senior surveyor and former director general of Nepal's Department of Land Survey. 5 ‘Speech of the Indian Prime Minister Jawaharlal Nehru in Parliament on the International Situation and the Policy of the Government of India in relation thereto, New Delhi, December 6, 1950’, in Avtar Singh Bhasin (ed.), Nepal-India Relations, Documents 1947–June 2005, Vol. 1, Geetika Publishers, New Delhi, 2005, p. 150. 6 Vidya Bir Singh Kansakar, Nepal-India Open Border: Prospects, Problems and Challenges, at http://www.nepaldemocracy.org/documents/treaties_agreements/nep_India_open_border.htm (Accessed February 4, 2008). 7 Ram Prasad Rajbahak, Nepal-India Open Border: A Bond of Shared Aspiration, Lancer Publishers, New Delhi, 1992, p. 30. 8 Nepal's Troubled Tarai Region, Asia Report n. 136, International Crisis Group, July 9, 2007, p. 24. 9 ‘Memorandum of Agreement on Recruitment of Gorkha Troops, November 7, 1947’, in S.D. Muni, India and Nepal: A Changing Relationship, Konark Publishers, New Delhi, 1992, pp. 180–182. 10 David Seddon, Jagganath Adhikari, and Ganesh Gurung, ‘Foreign Labor Migration and Remittance Economy of Nepal’, Critical Asian Studies, 34(1), 2002, p. 35. Also see Kamal Raj Singh Rathaur, ‘British Gurkha Recruitment: A Historical Perspective’, Voice of History, 16(2), 2001, p. 24. 11 Vidya Bir Singh Kansakar, n. 6. 12 ‘International Trade and Balance of Payment’, Economic Survey 2006–2007, Ministry of Finance, Government of Nepal, pp. 62–64, at http://www.mof.gov.np/publication/budget/2007/pdf/chapter6.pdf (Accessed September 26, 2007). 13 ‘Protocol to Article VI of Treaty of Transit Between the Government of India and His Majesty's Government of Nepal’, December 6, 1991, in Avtar Singh Bhasin (ed.), Nepal-India Relations, Documents 1947–June 2005, Vol. 3, Geetika Publishers, New Delhi, 2005, p. 2276. 14 Joint Venture and Foreign Direct Investment, Embassy of India, Kathmandu, at http://www.south-asia.com/Embassy-India/indneprel.htm#4 (Accessed September 26, 2007). Also see ‘Nepalese Leaders Urges Indian Cos. to Play a Major Role in Infrastructure and Hydropower’, CII Online News, June 7, 2007, at http://www.ciionline.org/news_new/newsMain07-06-2007_6.asp (Accessed September 26, 2007). 15 Thalweg means the deepest continuous line along a valley or a watercourse. The Thalweg principle is the principle of defining a border between two states separated by a watercourse as lying along the thalweg. 16 Buddhi Narayan Shrestha, n. 4. 17 ‘Maoists Redefining Border Stretches’, The Hindustan Times, New Delhi, February 17, 2008. 18 ULFA and KLO Making Base in Indo-Nepal Border, November 29, 2004, at http://news.indiainfo.com/2004/11/29/2911ulfa.html (Accessed September 20, 2007). 19 ‘Bihar Village Up in Arms against Nepal Maoists’, CNN-IBN, New Delhi, January 23, 2008. 20 Ministry of Home Affairs, Annual Report 1999–2000, Government of India, at http://mha.nic.in/contents.htm (Accessed September 19, 2007). 21 ‘The Kathmandu Nexus’, India Today, June 12, 2000, New Delhi, at http://www.india-today.com/itoday/20000612/nation2.html (Accessed September 20, 2007). 22 Nepal's Troubled Tarai Region, n. 8. 23 1900 Madrasas are Mushrooming along Indo-Nepal Border: SSB Chief, at http://www.india-defence.com/reports-1600 (Accessed September 24, 2007). 24 ‘The Kathmandu Nexus’, n. 21. 25 ISI Activities on Indo-Nepal Border, Press Release, Ministry of Home Affairs, February 18, 2003, at http://pib/nic.in/archives/lreleng/lyr2003/rfeb2003/18022003/rl802200314.html. Also see ‘ISI Activities from Nepal and Bangladesh’, Lok Sabha Debates, at http://mea.gov.in/parliament/is/2000/03/questn963.htm (Accessed September 9, 2007). 26 ‘ISI Stamp on Fake Money Exposed’, The Indian Express, New Delhi, July 3, 1999. Also see Harinder Bajwa, ‘The Kathmandu Nexus’, India Today, June 12, 2000; ‘ISI Activities on Rise on Indo-Nepal Border’, The Tribune, Chandigarh, July 15, 2006; ‘Border Management’, Report of the Group of Ministers on National Security, Ministry of Home Affairs, Government of India, New Delhi, 2001, pp. 60–61. 27 ‘South Asia Overview’, Patterns of Global Terrorism 2003, p. 14, at http://www.state.gov/s/ct/rls/crt/2003/c12153.htm (Accessed February 26, 2008). 28 ‘Border Management’, n. 26, p. 60. 29 Nepal's Troubled Tarai Region, n. 8, p. 23. 30 Refugee Voices: Nepalese in India, at http://www.refugeesinternational.org/content/article/detail/6306 (Accessed September 19, 2007). 31 ‘Ghishing Goes Global’, The Indian Express, New Delhi, February 2, 1998. 32 Nepal's Troubled Tarai Region, n. 8, pp. 3–12. Also see N.N. Jha, ‘Minorities Immigrate and Refugee Issues in the Context of India-Nepal Relations’, in Kalim Bahadur and Mahendra P. Lama (eds.), New Perspectives on India-Nepal Relations, Har Anand Publications, New Delhi, 1995, pp. 21–23. 33 Directorate of Revenue Intelligence, Ministry of Finance, Annual Report 2005–2006, Government of India, pp. 30–31, at http://www.dri.nic.in/DRI/ANNUAL_REPORT_2005-06.pdf (Accessed September 22, 2007). 34 See Ministry of Home Affairs Annual Reports of 2002, 2003, 2004, 2005, 2006. 35 ‘Uranium Seized along Indo-Nepal Border, Six Arrested’, Indo-Asian News Service, Patna, February 19, 2008. 36 ‘Trafficking of Girls Go Unabated’, The Times of India, Patna, October 19, 2002. Also see Gauri Pradhan, ‘Innocent Victims: Trafficking of Women and Girls across Indo-Nepal Border’, at http://www.cwin.org.np/resources/issues/trafficking.htm (Accessed September 22, 2007). 37 ‘Eyes Wide Open for Flesh Trade’, The Hindustan Times, New Delhi, February 20, 2008. 38 ‘Agreement of Cooperation Between Government of India and His Majesty's Government of Nepal to Control Unauthorised Trade’, New Delhi, December 6, 1991. Also series meetings of India-Nepal Inter-Governmental Committee on Trade, Transit and Cooperation to control unauthorized trade are organized to widen and deepen legitimate trade relations and also to prevent illegal trade between the two countries. 39 Directorate of Revenue Intelligence, n. 33. 40 Lopita Nath, ‘Migration, Insecurity and Identity: The Nepali Dairymen in India's Northeast’, Asian Ethnicity, 7(2), 2006, p. 144. Also see Chiranjit Halder, ‘In the Line of Fire’, The Telegraph, Kolkata, September 13, 2007. 41 ‘Closing of Indo-Nepal Border’, Lok Sabha Debates, at http://meaindia.nic.in/parliament/ls/2000/03/questn2083.htm (Accessed September 7, 2007). 42 Kalim Bahadur and Mahendra P. Lama, n. 32, p. 7. 43 In 1957, an order was passed by the government of Nepal making possession of a citizenship certificate mandatory for those working as teachers in Nepal. Those not possessing the certificates were required to acquire them from the Ministry of Education. Many Indian teachers did not possess the citizenship certificate and were affected by the order. In 1958, restrictions were imposed on foreigners, including Indians, on buying immovable property. In 1987, a system of work permits on Indians wishing to work in Nepal was introduced, but was not implemented by the Nepalese government. See S.D. Muni, n. 9, p. 49. 44 National Population Commission, Internal and International Migration In Nepal: Summary and Recommendations, Kathmandu, August 1983, as quoted in S.D. Muni, n. 9, and Kalim Bahadur and Mahendra P. Lama, n. 32. 45 ‘Regulate Nepal-India Border: Dr. Bhattarai’, ekantipur.com, May 11, 2008, at http://www.kantipuronline.com/kolnews.php?nid=146524 (Accessed June 2, 2008). 46 ‘Bihar Village Up in Arms’, n. 19. 47 ‘Extradition Treaty with Nepal’, Lok Sabha Debates, March 3, 2005, at http://mea.gov.in/parliament/ls/2005/03/02ls03.htm (Accessed September 23, 2007). 48 ‘Closing of Indo-Nepal Border’, n. 41. 49 Vidya Bir Singh Kansakar, n. 6. 50 Joint Press Statement, at http://mea.gov.in/parliament/rs/2000/08/august17-q2695.htm (Accessed September 10, 2007). 51 ‘Dispute over Kalapani, Susta: Border Row to be Resolved on Proof’, The Himalayan Times, Kathmandu, June 13, 2007. 52 Interview with senior SSB official on October 24, 2007, at SSB HQ, New Delhi. 53 123rd Report on Sahastra Seema Bal Bill 2006, at http://rajyasabha.nic.in/book2/reports/home_aff/123rdreport.htm#a4 (Accessed September 19, 2007). 54 Ministry of Home Affairs, Annual Report 2006–2007, Government of India, 2007, p. 27. 55 Buddhi Narayan Shrestha, Guarding Indo-Nepal Border, October 28, 2006, at http://bordernepal.wordpress.com/tag/uncategorised/page/2/ (Accessed September 7, 2007). 56 123rd Report on Sahastra Seema Bal Bill 2006, n. 53. 57 Ministry of Home Affairs, Annual Report 2002–2003, Government of India, 2003. 58 ‘SSB Creating Law and Order Problem: IG’, The Times of India, September 9, 2002, at http://timesofindia.indiatimes.com/articleshow/21605207.cms (Accessed September 19, 2007). 59 C. Raja Mohan, ‘No Entry on an Open Border’, The Hindu, New Delhi, December 24, 2003. 60 Agreed records between Director General Indian Revenue Intelligence and Director General Customs of Nepal on Custom's Cooperation, New Delhi, December 18, 2002, in Avtar Singh Bhasin, n. 13, p. 2553. 61 Centre Grants Rs. 700 cr to Curb Maoist Menace, at http://www.dna.india.com/dnaPrint.asp?NewsID=1108501 (Accessed September 7, 2007). 62 First Meeting of Project Steering Committee for the Development of Integrated Check Posts at Indo-Nepal Border, Press Release, Government of India, July 23, 2007, at http://www.south-asia.com/Embassy-india/press_release_2007/259-press-release.htm (Accessed September 11, 2007). 63 Development of Integrated Check Posts at the International Borders, at http://www.mha.nic.in/pdfs/BM_IntCheck(E).pdf (Accessed September 21, 2007). 64 ‘New Rail Line between India-Nepal and Bhutan’, Lok Sabha Debates, March 7 2007, at http://meaindia.nic.in/parliament/ls/2007/03/07ls19.htm (Accessed September 23, 2007). 65 Shyam Saran, ‘Connectivity as India's Neighbourhood Policy’, speech delivered at Indian Council of World Affairs, September 6, 2006. 66 ‘Involvement of People in Border Management is Must: SSB Chief’, The Times of India, New Delhi, March 30, 2003.