Revisiting Nepal-India Friendship Treaty

Revisiting Nepal-India Friendship Treaty


Time to take friendly relations to a new height

-Vijaya Chalise

Amidst Maoist chairman Prachanda's call for the scrapping of the Nepal-India Friendship Treaty of 1950 as well as a review of other unequal pacts and agreements between the two countries, Indian Foreign Ministry recently organized a seminar on "Emerging Trends in Nepal-India Relations" to enhance people's diplomacy between the peoples of both the country. In Nepal, most of the political parties and the people have been demanding the abrogation of the 1950 treaty in the process of making it an equal bilateral agreement, as they see its provisions are heavily weighted in India's favor and promoting a privileged security relation ship as well. The Maoists have raised the issue since they started armed revolt a decade ago to overthrow the monarchy along with feudal and centralized state structure. The first Communist Prime Minister of Nepal Mana Mohan Adhikari first raised the issue officially in 1996 during his state visit to India. One round of talks between foreign secretaries of two countries also had been held after this particular matter of revision of the treaty was agreed to with the Nepalese government in 2001.

The Maoists have strongly voiced this demand since they joined hands with seven other political parties to form an alliance making it a campaign issue during the constitution assembly elections. It was obvious as the 1950 treaty and other agreements have been a recurrent irritant in bilateral equations. The Nepal Communist Party-Maoist (NCP-Maoist) have a clear vision that the 1950 Nepal-Indo treaty is an unequal treaty therefore; it should be reviewed and, if possible, should be changed as per the new political context.

Maoist leaders time and again have expressed their commitment of maintaining good and friendly relations with all including neighboring countries as per the international regulations. Maoist Chairman Prachanda has clarified that his country would keep equal distance in political terms between its two giant neighbors India and China but that good relations with New Delhi were important as there was a sort of unity in interest between Nepal and India. Senior leader Dr. Baburam Bhattarai clarifies that his party would maintain very cordial and balanced relations based on the welfare of the people, preservation of national sovereignty and independency. Chief of Maoist international command C.P. Gajurel also had explained that their topmost priority was to develop relations with foreign countries adopting state-to-state relations based on five principles of co-existence (Panchaseel) and develop party-to-party relations based on proletarian internationalism or people's level internationalism. Maoist has clear vision that the 1950 Nepal-Indo treaty is an unequal treaty therefore; it should be reviewed and, if possible, should be changed as per the new political context.

However, some section of Indian intelligentsias including the press are against the renegotiation because they think Nepal's proposal is a temptation to loose ties with India and look to China instead for support which obviously is not true. They think new treaty as demanded by Nepal might diminish India's sphere of influence and it would risk ceding space to China in Nepal. For the reason, they used to consider the Nepalese proposal of revision as anti-Indian stance some years ago. Now, to some extent, they seem to be realised that if the Majority of Nepali opinion is in favor of reviewing the friendship treaty, New Delhi must go along with this sentiment while making sure its interests are protected in any revision.

However, India's fear is hypothetical as Maoist's leaders have already said that it was against playing China card or Indian card against two countries or having special relation with the one at the cost of the other. Chief of the CPN-Maoist's foreign Department C.P.Gajurel while addressing a seminar on "Emerging Trend in India-Nepal-Relations" organised by the Indian External Ministry in Patna, Bihar, said the new constitution of Nepal would be based on the principles of "Panchaseel" and maintains cordial relations with both the countries. He stressed that his party with the support of other parties will form the government in Nepal and frame the constitution that would commit the country to pursuing the policy of "equi-proximity" with its two larger neighbor-China and India.

After Maoist Chairman Prachanda's suggestion that in the new context Nepal-India relations should be taken to a new height in a more positive and constructive way, the indications coming from India is obviously a welcoming development. The views expressed by the people who are close to the South Block indicates that India would not mind to abrogate and revise the 1950 Indo-Nepal treaties or other bilateral pacts if that is what Neplai people desire. It, obviously, is a hopeful approach that can form the basis to wipe out mistrusts between these two closest neighbors. Differences over the issue has erupted stress and has jeopardize bilateral relations on many occasions in the past.

Shayam Saran, a former ambassador to Nepal and a former foreign Secretary, who now is the Indian Prime Minister's Special envoy observes the renegotiations of the pact, which also defines the security relations between India and Nepal, "is no issue" as they have no reservations if this item is put back on the bilateral agenda. Saran does not see any conflict of interest between India and China as far as Nepal is concerned, adding it is far more important to India and Nepal to focus on building upon the very strong assets the two countries already have in existing relations. Similarly, another former envoy, K. V. Rajan opines demand for revision of the treaty was not unexpected, and it is a "widespread sentiment" among the people of Nepal. He suggests India now should see this opportunity to restructure its relations with Nepal and adopt a mature management, understand the Nepalese psyche, and show the self-confidence of a large country instead of necessarily equating Nepalese nationalism sentiments with anti-India sentiments. S. Nihal Singh also pledged that the open door and the deep cultural and religious ties with Nepal are undeniable, but it is time to annul such anachronisms as the Indo-Nepalese treaty of 1950.

Obviously, New Delhi, cannot pretend to be surprised by the call for the scrapping of the 1950 Nepal-India Treaty of Peace and Friendship in quest of a more realistic one in the changed context nor by of a review of all other unequal bilateral agreements that concerned trade, commerce and transit rights. Many of the provision in these treaties have been creating difficulties to Nepal as the fact that Nepal is a landlocked country dependent on India for smooth transit of essential supplies. India as an emerging regional leader obviously would like to earn trust form its neighbors. For this, India must look serious about helping Nepal by taking Nepal-India relations to a new height in a more positive and constructive way in the new context.

(Vijaya Chalise is Editor-in-Chief of the Gorakhapatra daily)