1950 Indo-Nepal Treaty of Peace and Friendship
Encyclopedia
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 Asia
n 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
.
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.
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)
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.
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.
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
between Nepal
Nepal
Nepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...
and India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
establishing a close strategic relationship between the two South Asia
South Asia
South Asia, also known as Southern Asia, is the southern region of the Asian continent, which comprises the sub-Himalayan countries and, for some authorities , also includes the adjoining countries to the west and the east...
n neighbors. The treaty was signed on July 31, 1950 by the then-Prime Minister of Nepal Mohan Shamsher Jang Bahadur Rana
Mohan Shamsher Jang Bahadur Rana
Field-Marshal Mohan Shamsher Jang Bahadur Rana, GCB, GCIE, GBE was the prime minister and foreign minister of Nepal from 30 April 1948 until 12 November 1951....
and Indian ambassador
Ambassador
An ambassador is the highest ranking diplomat who represents a nation and is usually accredited to a foreign sovereign or government, or to an international organization....
to Nepal
Nepal
Nepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...
, 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
Foreign Affairs
Foreign Affairs is an American magazine and website on international relations and U.S. foreign policy published since 1922 by the Council on Foreign Relations six times annually...
. While India values the treaty as deflecting the influence of its regional competitor, the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
, the treaty has been unpopular in many segments of Nepal, which often regards it as a breach of its sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
.
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 ChinaPeople's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
in 1949 and the subsequent invasion of Tibet
Battle of Chamdo
The Battle of Chamdo, also referred to as the invasion of Tibet, was a military campaign by the People's Republic of China against a de facto independent Tibet in Qamdo after months of failed negotiations...
heightened security concerns in both India and Nepal — while India had maintained good relations with Tibet and was faced with border issues
Aksai Chin
Aksai Chin is one of the two main disputed border areas between China and India, and the other is South Tibet, which comprises most of India's Arunachal Pradesh. It is administered by China as part of Hotan County in the Hotan Prefecture of Xinjiang Autonomous Region, but is also claimed by India...
with China, Nepal feared that China would support the Communist Party of Nepal
Communist Party of Nepal
The Communist Party of Nepal was founded in Calcutta, India, on April 29, 1949. CPN was formed to struggle against the autocratic Rana regime, feudalism and imperialism. The founding general secretary was Pushpa Lal Shrestha....
and sponsor a communist revolution
Communist revolution
A communist revolution is a proletarian revolution inspired by the ideas of Marxism that aims to replace capitalism with communism, typically with socialism as an intermediate stage...
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 NepalCommunist Party of Nepal
The Communist Party of Nepal was founded in Calcutta, India, on April 29, 1949. CPN was formed to struggle against the autocratic Rana regime, feudalism and imperialism. The founding general secretary was Pushpa Lal Shrestha....
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
Sino-Indian War
The Sino-Indian War , also known as the Sino-Indian Border Conflict , was a war between China and India that occurred in 1962. A disputed Himalayan border was the main pretext for war, but other issues played a role. There had been a series of violent border incidents after the 1959 Tibetan...
in 1962 and the occupation of Aksai Chin
Aksai Chin
Aksai Chin is one of the two main disputed border areas between China and India, and the other is South Tibet, which comprises most of India's Arunachal Pradesh. It is administered by China as part of Hotan County in the Hotan Prefecture of Xinjiang Autonomous Region, but is also claimed by India...
by Chinese forces, Nepal resented the growth of India's regional power in the 1970s. It also protested when Sikkim
Sikkim
Sikkim is a landlocked Indian state nestled in the Himalayan mountains...
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) PrachandaPrachanda
Puspa Kamal Dahal ; born Chhabilal Dahal on 11 December 1954, also known as Prachanda ]]. Prachanda led CPN as it launched an insurgency on 13 February 1996. In 2008 the ensuing civil war culminated in the overthrow of the Shah dynasty in favor of a communist...
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.