1950 Indo-Nepal Treaty of Peace and Friendship

The Indo-Nepal Treaty of Peace and Friendship of 1950 is a bilateral treaty between Nepal and India establishing a close strategic relationship between the two South Asian neighbors. The treaty was signed on July 31, 1950 by the then-Prime Minister of Nepal Mohan Shamsher Jang Bahadur Rana and Indian ambassador to Nepal, Chadreshwar Narayan Singh. The treaty allows for the free movement of people and goods between the two nations and a close relationship and collaboration on matters of defence and foreign affairs. While India values the treaty as deflecting the influence of its regional competitor, the People's Republic of China, the treaty has been unpopular in many segments of Nepal, which often regards it as a breach of its sovereignty.

Background

The Himalayan federal republic of Nepal borders northern India in the south and east. During British rule in India, Nepal's ties were governed by the 1816 Treaty of Sugauli. After the independence of India in 1947, the two nations sought to forge close strategic, commercial and cultural relations. The rise of Communist China in 1949 and the subsequent invasion of Tibet heightened security concerns in both India and Nepal — while India had maintained good relations with Tibet and was faced with border issues with China, Nepal feared that China would support the Communist Party of Nepal and sponsor a communist revolution overthrowing the state. With heightening concerns over the security threat to India presented by Communist China, which was seen as seeking to projecting power and influence over Nepal, Sikkim and Bhutan and border disputes with India, the latter sought to strengthen its "Himalayan frontier" by forging an alliance on defence and foreign affairs with Nepal.

Provisions

The Indo-Nepal Treaty of Peace and Friendship was signed by the last Rana Prime Minister Mohan Shamsher Rana and the Indian Ambassador to Nepal Chandreshwor Narayan Singh. This treaty is called unequal by the Nepalese though the treaty in totality was never in practice. The border between the two nations are legally regulated but after late 1950s it has been forced open which is against the Nepalese law.

The immigration act of Nepal clearly stipulates that every foreigner needs a VISA to enter and stay inside Nepal. According to the law of Nepal, Indians cannot buy lands and properties like houses in Nepal and carry out businesses in their names. However, in the treaty there is a provision to buy lands and property in each others country. Nepal didn't implement it on the basis of its own laws which debars foreigners to buy land and properties. Products of both India and Nepal are subjected to custom duties and tax to enter into each others market. Nepal can buy arms with any country for its army and other security wings according to the treaty. Thus, India had to comply with Nepal's sovereign right in terms of arms purchase- as there is no agreement between Nepal and India on defense and foreign policy. Jawaharlal Nehru, the first Prime Minister of India has made it clear by declaring- “We have taken particular care not to interfere. We have given advice on some occasions. On two occasions the Prime Minister was here and the King was also here once or twice. We naturally discussed various matters and gave advice, and in two matters more particularly we are closely associated, in matters of foreign policy and defense, not by any formal agreement but simply because both matters are common to us.” (Hindustan Times, Feb 16, 1952)

The 1950 treaty as was signed by undemocratic rulers of Nepal and newly born India, it can be scrapped by a one year notification. This can make the treaty equal and timely. Nepal has been assured of support by both China and India in case of foreign intervention. When Nepal Imported arms from different countries via India, abiding the treaties India allowed it. Nepal's neighbors India and China have committed their support for Nepal. For Nepal's security, China had signed an agreement two centuries back. On September 30, 1792 Kaji Dev Datta Thapa Emissary of the Kingdom of Nepal and Fu K'ang-an Commander of Chinese Army signed an agreement in Betravadi which is in the bank of Trisuli river 25 Kilometers away from Kathmandu, the Nepalese capital. The fourth clause of this treaty says "China would come to Nepal's assistance in the event of an attack by a foreign power". India too has announced its commitment to protect Nepal in its own way. Assuming itself as the automatic heir of British Empire it aspired to keep Nepal under its sphere of influence. Thus, Nehru declared- “From time immemorial, the Himalayas have provided us with magnificent frontier. We cannot allow that barrier to be penetrated because it is also the principal barrier to India. Therefore, much as we appreciate the independence of Nepal, we cannot allow anything to go wrong in Nepal or permit that barrier to be crossed or weakened, because that would be a risk to our security.” (Jawaharlal Nehru’s Speeches (1949-53), op. cit., p. 252)

China too didn't shy away from claiming its responsibility towards Nepal and warned not to intervene in Nepal's internal affairs. On October 5, 1962 Chinese Foreign Minister, Ch'en-yi, told the audience at a banquet in Peking to celebrate the first anniversary of Nepali-Chinese boundary treaty that "in case any foreign army makes a foolhardy attempt to attack Nepal.. China will side with the Nepalese people." (Nepal, Strategy for survival, Leo E. Rose, page 248)

Deterioration of bilateral relations

Although initially supported enthusiastically by both sides, the treaty became the subject of increased resentment in Nepal, which saw it as an encroachment of its sovereignty and an unwelcome extension of Indian influence. After an abortive attempt in 1952 of the Communist Party of Nepal to seize power with Chinese backing, India and Nepal stepped up military and intelligence cooperation under treaty provisions, and India sent a military mission to Nepal, which was however regarded as an undue extension of Indian influence in Nepal. In the late 1950s and 1960s, Nepal and China forged better relations, while relations with India deteriorated as Nepal forced the Indian military mission to leave and both nations began ignoring the treaty provisions. While temporarily brought closer after the Sino-Indian War in 1962 and the occupation of Aksai Chin by Chinese forces, Nepal resented the growth of India's regional power in the 1970s. It also protested when Sikkim joined the Indian Union in 1975. The extensive Indian trade and economic influence was also resented in Nepal. Nepal began openly lobbying for renegotiation of the treaty and proposed itself as a "zone of peace" between India and China, effectively distancing itself from India.

Proposed scrapping

Upon forming a coalition government after the 2008 Nepalese Constituent Assembly election, the leader of the Communist Party of Nepal (Maoist) Prachanda said on April 24, 2008 that the 1950 treaty would be scrapped and a new pact would be negotiated with India, which also signalled its willingness to review the treaty.

External links

• Text of the 1950 Indo-Nepal Treaty of Peace and Friendship