India Has Encroached Border at 71 Places: Scholars

India has encroached border at 71 places: Scholars

CHITWAN, APR 05 - India has encroached upon the border at 71 places in Nepal, prominent scholars have said.

Speaking in a programme to discuss about national sovereignty and defence of the national border s with the local communities, the scholars alleged that India still continues to trespass the border with Nepal further putting the border at risk.

Buddhi Narayan Shrestha, a renowned surveyor and expert on border , said that India has encroached upon 37 thousand hectares of Nepali territory in the Kalapani area, the largest area encroached upon.

The smallest area on the border encroached upon by India was in Ilam which is half a ropani plot at Pashupatinagar, he added.

Shrestha also shared that 14 hectares of Nepali territory has been encroached upon by India at the border in Susta in Nawalparasi district.

He said the border was encroached at 53 places 10 years back and it has reached 71 places till date. "This shows that India has not stopped transgressing the border with Nepal," he commented. Shrestha said his conclusions are based on a study research he carried out which are published in a book.

Scholar Shrestha came down heavily on the successive governments in Nepal for doing nothing to check this transgression of its border by its southern neighbour.

He also shared that the total border area encroached by India was 60 thousand 600 hectares.

Similarly, another scholar Phanindra Nepal alleged government´s negligence in securing its border . He called upon the citizens to be aware of this rampant encroachment on the national frontier and to jointly take action for securing it.

Nepal also exhorted people to join in his campaign of building a greater Nepal. He stressed the need of revising the unequal treaties signed in the past with the then British East India Company, the colonial rulers.

Another scholar, Dr. Gopal Shivakoti Chintan said that even the UCPN (Maoist) that waged a People´s War in the past did nothing as regards protecting the country´s border s. RSS

Posted on: 2013-04-05 11:24 http://www.ekantipur.com/2013/04/05/top-story/india-has-encroached-border-at-71-places- scholars/369536.html Nepal-India agree to find missing border pillars, enhance security

After concluding the annual talks between Nepal and India over security and the open border, the Indian delegation returns to Delhi on Monday, concluding the two-day visit to Kathmandu. Substantive negotiations took place on Saturday, when the delegation, led by India’s Home Secretary R.K.Singh, held a wide-ranging meeting with their Nepali counterparts led by Nepal’s Home Secretary Navin Ghimire.

A press statement issued by Nepal at the end of the proceedings said that the two countries agreed to “repair border pillars”, as well as to increase the capacity of Nepal’s Armed Police Force and expand India’s Borders Security Forces to control criminal activities along the open border. The two sides also agreed to form a technical team to investigate the missing pillars on both sides of the no man’s land. In addition, India offered technical and material assistance to strengthen the immigration setup along the border should Nepal request such assistance. Similar offer was made to upgrade Nepal’s only international airport in Kathmandu to strengthen its security, and an offer to set up a Police Academy is waiting for the signing of a Memorandum of Understanding.

According to sources, India, as in previous meetings, requested Nepal to sign the Mutual Legal Assistance Treaty and a revised Extradition Treaty, which the Nepali side is keen to defer because of the ongoing political flux.

Border concerns

A joint team from both countries has already surveyed has found three areas where the two countries disagreed on the border – Pashupatinagar in the east, Susta in the south and Kalapani in the west of Nepal. But the maps demarcating the border have not been signed by both parties, partly because India wants to settle on each issue separately. Nepal has been insisting that the three disputed areas be settled together.

An Indian participant on Saturday’s meeting said that more than 90 % of the border has been agreed upon, and India wants concurrence on the agreed-upon sectors, but the Nepali side is unwilling to sign the maps because of the lack of political consensus on the issue.

‘Border encroachment’ is a sensitive issue in Nepal, especially since hundreds of the border pillars have either been washed away by floods or are otherwise missing. In November last year, the state news agency, RSS, claimed that up to 14,000 hectares of land in Susta in Nawalparasi was “encroached” by India, and Nepal’s parties, especially the radical communists, occasionally send their student groups along the border to ‘protect Nepal’s sovereignty’ and whip-up nationalist sentiments.

But the relationship between the two Home ministries is much smoother than the relationship between Nepal’s politicians and the South Block, which houses India’s Ministry of External Affairs, according to one expert. “There is a great deal of cooperation and intelligence sharing,” said Nepal former Home Secretary Umesh Mainali, “which is absolutely essential to secure our open border.”

Keeping with the tradition of alternating the venues, the next meeting of home secretaries will take place in India next year. http://www.thehindu.com/news/international/south-asia/nepalindia-agree-to-find-missing-border- pillars-enhance-security/article4778679.ece Long and unsolved Indo-Nepal border dispute

Prem Kumari Pant

There is an increased pressure on Nepal to toe the Indian line against her own national interest then it could have a very profound or perhaps even a destabilizing impact on Nepal. The fact that Nepal is now in the throes of the constitution drafting and peace process with the people clearly divided and confused only adds a further element of uncertainty. As Nepal is now beset with multiple national problems, we must be united to find an amicable solution to these problems. The whole matter is related with foreign policy conduct. We must be determined to clear out differences within ourselves and bring to an end the long-lingering and turbulent issue in the larger interest of the country by reaching to national consensus. Political parties must restore the people's trust in them and prove that the parties are aware of their obligations and liabilities towards the nation. The consensus would thus uphold the dignity of the nation and its people as a whole, and would especially help in regarding border disputes, water resources, foreign policy and development issues.

The issue of the blatant encroachment of Nepali land by India is to be dealt with. Indeed, the country is shrinking physically because of this and the responsible political parties are shying away to raise any voices against it. The concept of political boundary and citizenship as two basis of national identity has now become hollow in Nepal

Of the 26 districts of Nepal sharing border with India 21 districts are currently facing the problem of violation of their territory by India. The total area under encroachment is estimated at around 59,970 hectares of which Kalapani, Limpiyadhura alone covers 37,849 hectares, Susta area covers 14,860 hectares and other various districts cover around 7,270 hectares.

Its boundary with the British India , when india was under the colonial rule was demarcated back in 1816 when the Sugauli Treaty was signed between Nepal and Britain after a two -year long war between the two countries. In the Sugauli Treaty, Nepal signed with the British, Nepal lost over one third of its territory including Sikkim and Darjeeling in the East and Dehradun, Nainital, Ranikhet, Kumaon and Kangra in the West. Nevertheless, Nepal's boundary was demarcated in the south, east and west with the British using over one thousand boundary pillars. Even numbered pillars were maintained by Nepal and odd numbered ones were maintained by the British. Both countries did so every year. Boundary maintenance was abandoned by both countries after the British left India and the autocratic Rana Rulers were overthrown in Nepal.

Nepal's border with India is over 1,808 kilometers and disputes exist in at least 61 different places. Boundary markers at numerous of points have disappeared. In addition, the 10-yard wide strip of no man's land between the two countries is getting occupied by the Indians .

As stated above, India has encroached Nepalese territory in numerous areas. However, the encroachment by India in the Kalapani-Limpiyadhura area with 37,849 hectares is the largest chunk of Nepalese territory. The encroachment was initiated immediately after the China-India border war of November 1962. After India lost to China in the 1962 border war, Indian soldiers gradually receded from the frontline. They learnt a crucial lesson from this war and found the Kalapani area in Nepal as a strategically appropriate and sensitive area because of its potential of acting as a buffer zone between India and China. So, Indian military decided to stay there. Indian soldiers have still been occupying that area, but no voice has been raised against it from any quarters. In Kalapani and Tinkar India encroached about 37 thousand hectares of land in 1962. According to knowledgeable sources, in this regard a full-fledged and well-equipped security troops are stationed there. This point is located very close to Chinese territories under the Autonomous Tibetan Region of China. It is not understandable as to why our government did not realize the need for holding a detailed debate over the boundary issue with India .

Nepal shares its 1808-kilometer long contiguous and unregulated open border with India. For keeping the country's security system intact there must be efficient management of the country's border, failing which will affect the country's social, political and economic conditions in the long run. Unregulated open border system between Nepal and India causes many problems for Nepal. It is the fundamental right of all the citizens of a sovereign country to live in peace and security.

The Sugauli treaty states without ambiguity that the River Mahakali is the borderline of Nepal-India in the West. The maps of 1850 and 1856 prepared by the Survey of India with the participation of Nepalese authority clearly states that the river originates from Limpiyadhura, 16 km northwest of Kalapani, which proves that Kalapani belongs to Nepal." However, the Indian Government refuses to accept those maps as proof. The Indian side states that the map prepared by them in 1875 should be considered as proof and not those of 1850 and 1856. The Indian side claim of 1875 maps being more scientific does not hold any credibility . Moreover, the map did not have Nepal's certification. According to the map, the river Mahakali's origin is wrongly located at Lepulek and not its correct origin located at Limpiyadhura.

Rivers are used as boundary markers between Nepal and India for 595 Km of the border. Mechi in the East, Mahakali in the West and Narayani in the Susta area are used as boundary markers. Rivers are not very reliable as boundary markers because they tend to change course especially when they pass through plain lands such as in the case of Narayani river. The problem is further complicated because of the lack of old maps and documents.

The Tribeni-Susta situated on the East of Narayani River in the mid-southern part of Nawalparasi district of Nepal has turned into the most tense area owing to encroachment.

Susta is situated on the eastern side of the river in the mid-southern part of Nawalparasi district. The change of course made by the river was the main reason of dispute in the Susta area. The Narayani river (Gandak in India) has for hundreds of years been changing its course from east to west.

During floods in the monsoon season every year the Narayani river, which separates India in the east and Nepal on the west, cuts its banks on the west, hence the Nepalese territory, gradually shifts inside India.

Whenever the river finds a new course and cuts Nepal's territory on the west, India maintains the new course of the river as the boundary and claims the land behind the river as its own. Thus India has been encroaching upon Nepal's territory. In 1845 A.D, the Narayani River suddenly shifted towards the west by cutting Nepal's territory. During the massive flood of 1954, the river again shifted towards the west. The Narayani River has eroded 13,000 hectares of land on its western bank. In 1980 A.D. there was another massive flood and due to it the people of Susta had to be shifted to Tribeni. That time also, the river had cut about 100 hectares of Nepal's land.

Nepal has been adamant in its stance that the inhospitable change of the course by the river should not be linked with the boundary line. Nepal thinks that the borderline should be maintained at the place where the river used to flow at the time when the treaty was signed between Nepal and the British government of India, and that the changed course of the river should not be taken as the basis for the border. Behind this mentality of India is the dispute at Susta.

Extensive border mapping was done with the help of the Canadian government in 1985 and in 1992. Another mapping was performed with the assistance of the Japanese International Cooperation Agency (JICA). In both cases, the maps show the whole Susta area in Nepal's territory. The map, prepared in 2003, clearly illustrates the blatant encroachment of some 14,000 square kilometers of Susta by Indian side .

Nepal government is surreptitiously tying to suppress the prevalent geographical truths about the area by citing that it failed to confirm the measurement of the encroached land due to the absence of map.

The government officials are of the view that the cabinet had decided not to disclose the map in order to keep the possible controversies at bay.

This speaks volumes about the meekness as well as firm loyalty of Nepali leaders towards their all-powerful bosses in New Delhi

India does not accept the Junge Pillars as the main boundary pillars and has thus sparked the Mechi Border dispute. The map published in January 1818, right after the Sugauli Treaty, shows the Junge Pillars as the main boundary pillars in Mechi between British India and Nepal. Unfortunately, the Nepal-India Joint Technical Border Committee adopted the Persian Map (Urdu script) of 1874 as the reference material, which was provided by the Indian side. Because of the incompetent Nepalese Team's wrong decision of accepting the Persian Map as the basis of demarcation, a total area of 1630 hectares of Nepalese territory has fallen on the Indian side.

The point of contention was that the latest installation of the pillar had created a situation where the original pillar-traditionally known as the Junge Pillar - had been left standing across the Mechi river on the Indian side. This disquiet on the eastern border was the immediate result of an agreement reached between district level officials of either side of the border. It is strange that district level officials of two countries should take a decision on an issue which concerns the sovereign and independent identity of the two countries without any formal announcement being made either in Kathmandu or in New Delhi. And this despite the fact that the parliaments in both the countries were already in session. It was clear that border towns like Bhadrapur and some villages would cease to be there on the map of Nepal. No one has the right to violate the territorial integrity of the country even if it is ratified by two-thirds majority of both the houses of parliament.

The confusion and mutual recrimination over the border between Nepal and India in fact call for a new approach and need for writing all at once again from the very beginning on a clean slate, but, of course with an open heart exercise is to be carried on with bitterness or malice towards none, keeping in mind the fact that chauvinism and nationalism are two mutually opposed ideas and that the border issue with India has gripped the psyche of the entire patriotic Nepalese with feeling of apprehensions.

It is not understandable as to why our government did not realize the need for holding a detailed debate over the boundary issue. Why did it not deem it fit to initiate talks with the government of India for conducting a fresh survey of the entire boundary because controversies had been cropping up in different parts and at different points of Nepal-India border. The situation is disturbed along the whole of Nepal-India border - be it in east-south or in the far western part of the country.

It will not be a fallacy to state that the age-old agreement between Nepal and India on the 1808- Kilometer long contagious and open boarder between the two countries has become virtually defunct.

Against this backdrop, Susta and Kalapani areas on the basis of documents both possess has assumed paramount importance.

Since the records on how and when the boundary demarcation lines between the countries were scientifically drawn are obscure at its best, it is immensely hard to believe that the border dispute will be solved easily.

It goes without saying that the problems emanating from the boundary complications are very strongly interlinked with the sovereignty and territorial integrity of the country.

Undoubtedly, the Susta issue which has at present cropped up is the direct and natural outcome of the boundary river taking rough twists and turns because these turns often change the exact demarcation lines, leaving the matter to be resolved only through mutual good-will and friendly feelings between the two countries.

But India has never presented itself in amenable manner to resolve the long standing border dispute. True to its expansionist nature, India continues to be on the prowl to encroach Nepali land. The willingness displayed by India sometime back to sort out border disputes is no more than its ploy to take advantage of volatile political scenario of the country. In this light, no person in his right frame of mind is ready to accept that the border row between the two countries will be solved until and unless Nepali leaders cease to succumb to the unduly high-handedness of India.

Nepal-India Technical Level Joint Boundary Committee meeting was held in New Delhi, 18 to 19 December 2007. This was the committee since its inception in November 1981. It is claimed that the committee has prepared authoritative strip-maps of the border, except the Susta and Kalapani- Limpiyadhura areas. It is a matter of curiosity, why the disputed and encroached segments of the borderline have been remained undecided. Now who will deal on these unresolved items of the border. The joint committee has been dissolved without solving the disputed area of Nepal-India border.

Concerning the disputed portion of Susta and Kalapani-Limpiyadhura, the Indian side of the joint committee denied taking up the matter for discussion.

As far as Kalapani-Limpiyadhura sector of the border is concerned, it is crystal clear that this is the case among Nepal, India and China. And this should be decided by a tripartite agreement.

Many attempts were made to resolve the dispute of Susta at the bilateral level from the beginning of 1928. But the attempts proved futile since the Indian side displayed unfriendly attitudes

"Three and a half decade ago when Nepal and China signed a border agreement, Lipulekh pass was designated as the tri-junction between Nepal, India and China, according to which Kalapani area belongs to Nepal. However, during the agreement, historical facts and evidences that extended Nepalese border to Limpiyadhura and the origin of Maha Kali river were largely ignored," the former Chinese envoy Zeng XuYong, had said on 3rd September, 1999, at the Reporters' Club.

China has already recognized Kalapani as an integral part of Nepal. India may well be trying to negate the role of China in resolving the Kalapani dispute so that it can continue its illicit presence in the area.

Former ambassador of The People's Republic of China to Nepal Zeng Xu Yong as saying that Kalapani would already have recognized as Nepal's part if the process of demarcating the boundary line had been carried out by Nepal and China by studying the historical documents. Regarding the Kalapani dispute, China should also be allowed to act in settling the dispute since it is necessary to efficaciously regulate the triangular border point between three countries.

That the Indian border security force is frequently torturing the people of border areas under many pretexts only reflects the vestiges of barbarism.

The records in the history of relationship between Nepal and India have not been adequately clear on how and when the boundary demarcation lines between the two countries were scientifically defined and determined. Nevertheless, something effective had begun to take shape in this regard after the Sugauli Treaty of the year 1816. It was in this treaty that the border between Nepal and India was demarcated.

The border dispute, which had been left unsettled by history between Nepal and China, was resolved through the peaceful negotiations to the satisfactions and dignity of both the countries. The work went on smoothly without any hassles because both countries looked for justice, rational and mutual cooperation while dealing with this matter. Both sides were clear that the demarcation of the border in a clear and just manner was the basic right of the people of the two countries. So the border demarcation on the northern side with China went on unhindered and without any difficulty.

Taking the advantage of the open and unregulated border, after 1950 Indian nationals started to enter Nepal in hordes in various pretexts as political advisors to ministers, consultants to administrators and as unemployed job seekers also. Terai, which serves as the economic frontier of the country, is under a huge pressure from these migrants from India. Given this situation the Citizenship Act 2063 can prove to be disastrous for the country as a whole. As a result of the open border between Nepal and India along the southern belt, it is quite easy and natural that Indian nationals should find it easy to settle on the Nepalese soil without being checked and restricted. Now many Indians are engaged in various trade and business because of these facilities.

Today, we can see plenty of Indian nationals in the whole length and breadth of Nepal working mainly as vegetable-sellers, plumbers, carpenters, painters, farm laborers, traders, businessmen , looters, criminals and beggers. Citizens of both countries can cross the porous Indo-Nepal border from any point of their territory without any checking or documentation. Because of this Nepal has been badly affected, facing such ills as border encroachment, increase in crime, cross border terrorism, lawlessness, illegal transactions of goods, anti-social activities, girl trafficking, illegal arms trafficking, drug trafficking, smuggling and revenue loss.

Now these things have arisen before the nation in such a formidable form that the responsible political parties have not realized that this scourge can be faced and overcome only through collective efforts based on the principles of national consensus. http://weeklymirror.com.np/index.php?action=news&id=1690