Nepal is currently facing a significant challenge regarding its historical documents, with concerns raised over the potential loss of the original 1816 Sugauli Treaty. This treaty is a foundational document in defining Nepal’s modern territorial boundaries, particularly in its relations with India. Shisir Khanal, Nepal’s Foreign Minister, has publicly acknowledged in the Nepalese Parliament’s lower house, the House of Representatives, that the government cannot definitively confirm possession of the original treaty document.
While some related papers are housed within the National Archives, extensive searches conducted across various state departments have failed to unearth the definitive, originally signed document. Khanal elaborated on this predicament, stating, “The Government of Nepal does not have clear information on whether we possess the official treaty documents. There are records showing that some documents related to certain treaties are kept at the National Archives. But we do not have clear information as to whether those are the actual official treaties.” This admission echoes a similar sentiment expressed in 2019 by then-Foreign Minister Pradeep Gyawali, who indicated that Nepal possessed copies of the treaties rather than the originals.
The 1816 Sugauli Treaty was signed in the aftermath of the Anglo-Nepalese War, which took place between 1814 and 1816, between British-ruled India (represented by the East India Company) and the Kingdom of Nepal. The key signatories were Lieutenant Colonel Paris Bradshaw for the East India Company and Raj Guru Gajraj Mishra for King Girvan Yuddha Bikram Shah of Nepal. This treaty remains a crucial legal instrument underpinning Nepal’s territorial claims.
Despite the historical significance of the Sugauli Treaty, India’s post-independence foreign relations with Nepal have largely been guided by other agreements, most notably the Indo-Nepal Treaty of Peace and Friendship (1950), alongside technical documents generated by joint bilateral working groups. However, the Sugauli Treaty continues to serve as a key foundational document in the ongoing India-Nepal border dispute.
A primary point of contention along the border is the ‘Kalapani’ region, situated in the Greater Himalayas, which India asserts is within its borders. The dispute escalated in 2019 when India’s Home Ministry issued new maps. Nepal objected to these maps, claiming that they incorrectly identified the region as an “unsettled territory of the Darchula district” within Nepal’s Sudurpashchim province. Further intensification of the border disagreement occurred following the India-China agreement to reopen the Lipulekh Pass trade route. Nepal maintains that Lipulekh, Limpiyadhura, and Kalapani are its rightful territories, a claim that India disputes.
In June of this year, Nepal’s Prime Minister Balen Shah made a controversial statement, alleging that Nepal itself had encroached on Indian territory, despite Kathmandu’s consistent complaints about alleged Indian encroachment. In response, Nepal’s Foreign Affairs Ministry reiterated its unchanged official stance on disputed border areas, including Limpiyadhura, Lipulekh, and Kalapani. The Ministry emphasized that these unresolved border issues would be addressed through diplomatic dialogue and mutual understanding with India.
Subsequent statements from Nepal have indicated a desire to actively resolve the issue rather than prolong it, with a clear focus on strengthening bilateral partnerships. During the International Conference on China and South Asia in a Multipolar World: China-India-Nepal Trilateral Relations in an Evolving Regional Order, Nepal’s Foreign Minister Shisir Khanal articulated Nepal’s position: “Nepal sincerely welcomes the continued development and prosperity of both our neighbours. We remain committed to further strengthening our longstanding bilateral relations with India and China independently, on the basis of sovereign equality, mutual respect, mutual benefit, and sensitivity to each other’s legitimate interests and concerns.” Khanal further added that “Nepal will continue to strengthen its bilateral partnerships with both India and China, recognizing the immense value of these longstanding relationships founded on friendship, mutual respect, and mutual benefit. At the same time, Nepal remains firmly committed to promoting regional and sub-regional cooperation that advances connectivity, facilitates commerce, expands markets, and contributes to sustainable development.” These statements underscore Nepal’s diplomatic approach to navigating its complex geopolitical landscape and resolving border disputes.
