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Indo-Nepal border dispute

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					                                          Indo-Nepal Border Dispute 2010

                                         Introduction
A territorial dispute is a disagreement over the possession/control of land between two or more
states, or over the possession or control of land by a new state and occupying power after it has
conquered the land from a former state no longer currently recognized by the new state. These
disputes are often related to the possession of natural resources such as rivers, fertile farmland,
mineral or oil resources, although the disputes can also be driven by culture, religion and ethnic
nationalism. In many cases territorial disputes result from vague and unclear language in a treaty
that set up the original boundary.

Nepal and India share a 1,800-km open border, which is mostly delineated on the basis of rivers
and in some areas border pillars, which are often in a state of ruin. Due to the open border and
improper management ,border dispute is growing day by day . There are fifty four places and
spots of encroachment, disputes and conflict along Indo- Nepal borderline, especially in the
southern part of the terai region of our country Nepal. There are number of cases of disputes and
encroachments in Nepalese frontier of twenty one districts among twenty six districts which are
adjoined with India. The area of encroachment consists of from 240 square meters of a small
patch or strip of land to a big chunk of 378 square kilometers. Surprisingly, disputes have been
raised even on that spots where the boundary pillars have been installed. Turning back to the
history, there were many border disputes which were mostly solved by the mutual discussions.
Mostly after Sugauli Treaty, many border disputes started to raise such as disputes on Siwalik
Range, Dunduwa range, disputes on the border line of the river, rivulets, whether it has to be
taken on the old course or the new channel, disputes on the demarcation of borderlines in
agricultural land, forest area and village areas, where there are not conspicious features.



The official records state that Nepal covers a total area of 147181 square kilometer. But the
experts have already found that about 59,970 hectares of Nepalese territory in 21 districts
adjoining India in the east, west and South have been encroached by India. This sever disease of
border encroachment has not been cured even after the independence of India from the British
rule in 1947. Among the encroached areas, the much disputed Kalapani-Limpiyadhura with area
372 square kilometer is the largest chunk of Nepali territory encroached by India. The
encroachment started right after the India- china border war of November 1962. After facing
defeat, the Indian army set up a camp inside Nepal’s territory of Kalapani to keep an eye on
Chinese activities. But now, they claim the area belongs to India. 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 kilometer northwest of Kalapani, which proves that
Kalapani belongs to Nepal. But the Indian side refuses to accept those maps as proof.




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                               Objectives of the Study
   To collect and analyze the information about Border dispute around Nepal and India.
   To disseminate the information about Border dispute around Nepal and India.
   To work on this topic as academic performance of the curriculum.




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                          Activities Performed For the Study
The Activities I performed can be categorized in 3 ways and they are as follows:-

   3.1 The way of Data Collection


   First of all in the preliminary stage of my Project, different data were collected from different
   sources. The main source of my data was Library. The Kanjirowa National School’s Library
   was one of the main sources of my data. Rather than the school’s library other libraries were
   also equally beneficial.
   Mostly in library I collected data from different Newspapers. Other than the Libraries,
   Internet and journals were also important for collection of data. I collected the data about the
   indo-Nepal border dispute not only from the Net but from different Documentary, Articles
   and Books. When I collected the Data, It was really fun and informative. This projects one of
   the main important part of collecting the data was Done in this way.

   3.2 Arrangement of Data

   After the collection of data, the data were arranged. The data collected were arranged in a
   systematic Manner. The data collected from the net was printed in a hard copy output. The
   Newspapers that gives information about the border dispute were photocopied. The data from
   other sources was photocopied or they were firstly typed in computer and then they were
   printed to keep as one of the source of data. This all photocopied newspapers, Printed Data
   all were then kept in same file and were arranged in systematical manner.

   3.3 Tabulation of the Data

   The data were collected in the preliminary stage then were arranged in a systematical
   manner. Then the work was to tabulate the data. The data were tabulated by making different
   rows and columns. The table was made by extracting the factual data from the collected
   Data. The Main topics were disputed areas, Cause, Amount of land, Position of India,
   position of Nepal , Time of Dispute and Source.




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S.N   Disp    Causes     Amt. of Position          Of Position        Time         Of Source
      uted               Land    India                Of Nepal        Dispute
      Place
      s

1     Mora    Missing of 40 border                     Most       2010-07-24          www.myrep
      ng      the border pillars                       pillars in                     ublica.com
              Pillars                     ------       the
                                                       Bardang
                                                       VDC area
                                                       are lost

2     Sirah   Missing of 53 pillars India        has No protest 2010-01-25            www.myrep
      a       the border are        planted banana From                               ublica.com
              Pillars    missing    trees,            Nepal
                                    established
                                    customs office
                                    on public land
                                    at Inarwa in
                                    Mandar VDC
                                    also          the
                                    Indians have
                                    made thatched
                                    houses on no
                                    man’s       land
                                    from Avenger
                                    To Thadi

3     Jhilm   Boarder   500m         Indian            Nepal                          www.Googl
      ila     shifted                authorities       authority is                   e.Com
              inward of              have              found
              Nepal By               encroached        turning
              india                  Nepali Land at    deaf ears to
                                     Jhilmila     of   the    local       ------
                                     Southern Part     people
                                     of the district   when they
                                     by shifting the   complain

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                                    Border pillar to         the
                                    into     nepali concerned
                                    teritory        authority.

4    Board India has 20             Indian Farmers     The Nepali 2004-10-02     Republica
     er of encroache hectares       have       been    People at
     Bara d Nepal                   cultivating in     the boarder
           territory                Nepal’s Land       are lacking
           between                                     Food.
           pillar no
           25 and 26
           at
           Jhitakaiya

5    Khaju For          600         SSB personal       Nepal’s      2010-03-24   www.ekatni
     rgahh Constructi   metres of   and       Indian   Boarder                   pur.com
     i,    ng Road      No man’s    locals             Security
     Jhapa              land        assaulted two      force had
                                    nepali             notified the
                                    policeman          Indian
                                    when they tried    authority to
                                    to     stop    a   stop     the
                                    tractor     from   constructio
                                    uploading          n but they
                                    gravels            didn’t
                                                       obey.

6    Kanc For sugar Five          India has been Nepal       is 2010-06-05       www.ekatni
     hanpu cane     bigas      of farming in this trying    to                   pur.com
     r     farming  land          Land            find out the
                                                  facts over
                                                  the issue

7    Bardi   Missing    71          India       in     Local      2010-02-01     www.ekatni
     a       Of         boarder     encroaching        police has                pur.com
             boarder    pillars     Dense forest       apprised
             Pillars    including   Of Nepal           the centre
                        5 main                         about the
                        pillars                        situation



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8    Barda Missing of 3 pillars No         any If it will 2010-07-24                      www.myrep
     ng    the border in        attentions by not        be                               ublica.com
           Pillars.   Rangeli   Indians.       maintained
                      and 2 in                 remaining
                      Jurkiya                  18 pillars
                                               will also be
                                               lost

9    Susta,   Unexpecte 14000          SSB tortured       Nepelase    2009-12-26          www.ekatni
     Nawa     d          hectares      the    dwellers    authority                       pur.com
     lparas   Movement                 while     going    are found
     i        of     the               across       the   to be doing
              Naryani                  border       for   anything
              River                    taking services    about this
                                                          issue

10   Mora     Constructi    369        Construction       Most of the 2010-07-24          www.myrep
     ng       on      of    families   of     concrete    families are                    ublica.com
              houses on     have built house is seen      land less
              No man’s      houses                        Families
              Land          out     of
                            which
                            186
                            families
                            are nepali
                            and 183
                            indians

11   Lumb     Being said    No land No response           The films       At the time of Kantipur
     ini      that          is                            dialogue        release of the daily
              Buddha        encroach                      was cut off     File
              was Born      ed     but                    and there
              in India by   india                         was       big   “chadani
              a Film in     claimed                       dispute of      Chok       to
              India         that                          the film.       China”
                            Buddha
                            was Born
                            in India

12   Jhapa    Nepali        20 meters No response         A               May 24          www.defenc

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                                    Indo-Nepal Border Dispute 2010
             territory at of land                      committee                  e.pk
             Taghandu                                  is formed
             bba       in                              for    this
             Jhapa                                     issue.
             district
             has been
             encroache
             d        by
             Indian
             side.

13   Bans    For          Sifted    An NGO is          The Locals 2010-06-05      www.ekanti
     khola   constructi   border    providing          claim it to                pur.com
             ng school    pillar,   financial          be    their
                          500       assistance for     land    and
                          meters    the                has     got
                          towards   construction of    landowners
                          Nepal     the school.        hip
                                                       documents.

14   Dhan    SSB       Pillar       Indians    first   Armed         2009-11-13   www.defenc
     gadi    trying to no.752       take away the      Police                     e.pk
             remove                 pillars before     Force Men
             pillars                the encroach       from      the
                                    the      Nepali    Nepali side
                                    Territory          reached the
                                                       site     and
                                                       filled the
                                                       two-feet
                                                       deep pit

15   Bhadr Boarder   50 m           SSB claims the Nepali                         http://blog.c
     apur  shifted                  land to be its Local                          om.np
           inward of                land           people
           Nepal By                                claim to be        _______
           india                                   their land

16   Birju   Encroache 20           Monitoring     The Local June 8,2007          www.border
     ng      d land by hectares     Team of india Leaders                         nepal.com
             monitorin              is encroaching accuse

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                                         Indo-Nepal Border Dispute 2010
              g team of                  land of Nepal.   india   for
              india.                     Two boarder      misplacing
                                         pillars   were   the boarder
                                         found missing    pillars

17   Balu     Indian        Between      SSB       have   A team of 2010-11-13     www.myrep
     wagh     Check         Border       ordered Nepali   Armed                    ublica.com
     at in    post       in pillar 196   to vacate the    Police
     VDC      Nepal         and 197      area claiming    Force from
     7                                   that       the   Belauri and
     kanch                               territory        Area Police
     anpur                               belongs     to   OF
     ,                                   India.           Tribhuwan
     Mahe                                                 basti    has
     ndran                                                visited the
     agar                                                 post site for
                                                          inspection
                                                          but      has
                                                          made      no
                                                          effort     to
                                                          remove the
                                                          checkpost.

18   Pulkh    Indian            -----    SSB have set     A                -----   A journalist
     ola at   Check                      up camp in       parliamenta
     Pasup    post       in              Nepali land at   ry
     ati      Nepal                      Pulkhola.        committee
     nagar.                                               had gone
                                                          there       to
                                                          inspect it.

19   Kalap                    372        India claims it Nepal        November     www.nepaln
     ani-                     sp.km      to be it land.  claims it to 1962         ews.com
     Limpi      ------                                   be her land.
     yadhu
     ra




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 20    Mahe     Indian       No land No Response          It      was                    Kantipur
       ndran    Police       encroach                     reported to                    Daily
       agar     Force        ed    but                    the Home
                found        there was                    minister           ------
                with guns    possibilit
                in Nepal.    y




                               Analysis and Interpretation
The official records state that Nepal covers a total area of 147181 square kilometer. But the
experts have already found that about 59,970 hectares of Nepalese territory in 21 districts
adjoining India in the east, west and South have been encroached by India. This sever disease of
border encroachment has not been cured even after the independence of India from the British
rule in 1947.

The, Anglo-Nepal war of 1814 and the subsequent Treaty of Peace signed between Nepal and the
East India Company in December 8, 1816 resulted in the delimitation and delineation of Nepal-
India border. The Mahakali river formed the western boundary, while the Mechi formed the
boundary in the east along with the ridges in the Darjeeling hills and Sikkim. The East India
Company delineated and demarcated the southern boundary on its own. But for the Tarai region
lying between the Mahakali river and the Arrah Nala which was ceded to the British India in
1816, no demarcation was made and moreover as almost entire Western Terai was covered with
dense forest and at the same time there was no physical basis to discern the northern limit of
Tarai. Nepal and India had a dispute over this ill-defined and ill-demarcated boundary. Prime
Minister Jung Bahadur spent the last two decades of his rule in solving these problems. Drawing
straight-line between the two pillars carried out for the demarcation of the border in the forest
areas, while demarcation in the cultivated land was made on the basis of village boundaries on
the principle of mutual give and take. The major dispute and problem arose in the case of river
boundary due to the erratic changes in the river courses in the Tarai region. In recognition of
assistance of Nepalese army in quelling the 1857 mutiny in Lucknow, and for retroceding the
western Terai to Nepal, which was ceded to India by the Treaty of 1816, in February, 1960, the
Boundary Commissioner of the two Governments met in Northern Oudh at Bhagura Tal to start
their work to survey and demarcated the boundary. After the completion of the survey and
demarcation, the King of Nepal and the British Resident signed a formal treaty in November 1,
1860. Even after that, the dispute over the river boundary between Moondia Ghat to Bunbasa
along the Mahakali; (Sharada) river arose immediately after the treaty and was resolved in
December, 1864. Nepal made the claim over the Doondwa Range up to the foot of the hills,
while the British insisted on watershed of the Range forming the boundary and the area along the
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southern slope of the watershed belonging to India. The agreement endorsing the claim of Nepal
was ratified on June 7, 1875. For the Nepalese territory ceded to India for the construction of the
Sharada Barrage in the early 1900, the Taratal area to the south of Bardia district was given to
Nepal.

The actual scientific demarcation of Nepal-India boundary started during the topographical
survey of entire Nepal carried out by the Survey of India in 1926-27. As the survey was carried
out form the lower altitudes in the mountain areas in the north, it failed to delineate the Nepal-
China boundary in the north. This survey produced topographical maps for entire Nepal
indicating Nepal-India boundary and the location of and number of each boundary pillars along
with topographical details of the Indian sides in the maps as well. The scale of the topographical
maps was 1 inch to 4 miles. The topographical survey of 1955-58 conducted again by the Survey
of India resulted in the more detailed survey of Nepal both through aerial and ground surveys
and resulted in the publication of maps to the scale of 1 inch to a mile. This map also indicated
the boundary line and boundary pillars with their respective numbers. However, the Indian
territory across Nepal-India boundary was left blank.

The dispute between India and Nepal involves about 75 sq km of area in Kalapani which is one
of the most dispute areas, where China, India, and Nepal meet. Indian forces occupied the area in
1962 after China and India fought their border war. Three villages are located in the disputed
zone: Kuti [Kuthi, 30°19'N, 80°46'E], Gunji, and Knabe. India and Nepal disagree about how to
interpret the 1816 Sugauli treaty between the British East India Company and Nepal, which
delimited the boundary along the Maha Kali River (Sarda River in India). The dispute intensified
in 1997 as the Nepali parliament considered a treaty on hydro-electric development of the river.
India and Nepal differ as to which stream constitutes the source of the river. Nepal regards the
Limpiyadhura as the source; India claims the Lipu Lekh. Nepal has reportedly tabled an 1856
map from the British India Office to support its position. The countries have held several
meetings about the dispute and discussed jointly surveying to resolve the issue. Although the
Indo-Nepali dispute appears to be minor, it was aggravated in 1962 by tensions between China
and India. Because the disputed area lies near the Sino-Indian frontier, it gains strategic value.

The border dispute between the countries has turned into a sever disease for the Nepali citizens at
the border. The government is not paying enough attention to cure this disease. Nepal’s
parliamentary committee for international relations and human rights has declared that in almost
all locations along Nepal's open border with India, Nepali territories are being illegally occupied
by India. The committee points out that due to past unequal treaties signed with India, Nepal was
facing trouble in its relations with India including the border encroachment problem.

These problems of border dispute are indeed very bad for Nepal’s future. There is chance of
Nepal being squeezed into a very small country due to this border dispute. These border disputes
are even hindering the development and progress of Nepal. The development activities carried
out are hindered due to this dispute.

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 As a result of these disputes at the border the citizen’s of one another country are being
aggressive towards each other. Nepal is bearing a great loss due to this border dispute.

I fell same to say but the country of great Gorkhalies who were in a quest to unify a country, the
same country’s land is being encroached. The country which has got a glorious foundation of
history and has never been colonized that country’s land is being encroached. This is a sad news
to hear for not only the citizens of Nepal but for all the people around the globe.

Nepal has to take the help of International agencies and others and have to retain its encroached
land. The Bir Gorkhalie’s Land should not be encroached. Nepal with all its diplomatic efforts
should try to solve the border dispute and should get its land back.

Even while hearing such kinds of news, it feels so bad that our country is slowly and gradually
vanishing from the world. This kind of tremendous encroachment may even engulf the existence
of the country named Nepal. So each and every citizen must be awared about such things.
Because, only government can't afford all the activities needed to stop the encroachment.
Therefore in my opinion, when every citizen works desperately to save the country, we surely
can do it. And every possible way should be owned to take the encroached Nepali land back.




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                            Findings and Recommendation
From this Project, I came up with different findings and Recommendation for the concerned
authority:-

FINDINGS

      A territorial dispute is a disagreement over the possession/control of land between two or
       more states.
      Border Encroachment means encroaching other boundaries.
      India has been encroaching Nepal’s Boundary from way back in the history.
      India has been able to encroach 59,970 hectares of Nepalese land and is trying to
       encroach even more.
      The main disputed area of Nepal and India is Kalapani-Limpiyadhura with an area 372
       square kilometer which is the largest chunk of Nepali territory encroached by India.
      Nepal’s government is turning deaf ears to the people at the borders when they come up
       with their Problems.
      The encroachment rate is increasing rapidly.

Recommendation

Despite the border encroachment have chucked the throat of every Nepali citizen but also the
government and its concerned authority are found to be escaping this topic whenever they are
asked or discussed about this topic but also I have got some suggestion for the concerned
authority and they are as follows:-

      Regular monitoring of borders should be carried out by a national team composed of
       competent, experienced and authorized technical persons.

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     Border Pillars, Border Lines, fences walls etc should be repaired or built and their exact
      location should be recorded, agreed upon, signed and respected by both the countries.

     Fixing the border using GPS. In order to avoid the border disputes due to changing course
      of the river or due to the loss of border pillars, Nepal should in coordination with the
      neighbors use Global Positioning System (GPS) coordinates to locate and position the
      boundary markers. These coordinates are based on the World Geodetic System 84
      (WGS84) geodetic datum. GPS provides unique coordinates for each point on the surface
      of the earth with centimeter accuracy. Even if a pillar is missing, it can be recovered with
      high accuracy. This will solve the border disputes arising from the loss or damaged
      markers or the changing course of rivers.
     Citizens at the border areas should be made aware of the exact boundary lines. Such
      aware citizens can notify officials in case of border encroached simultaneously avoid
      trespassing into the neighboring country.
     The concerned Authority should solve border disputes diplomatically and when necessary
      should bring in mediators or arbitrators to peacefully settle disagreements.
     Security Personnel should be deployed to monitor the borders, but in good faith with the
      citizens of the neighboring country.
     The government of both the countries must come to a common consent to solve the
      border dispute.




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