India Should Return the Nepalese land

Dirgha Raj Prasai

We, the Nepalese people cordially request the Indian government to return the missed Land of Nepal from Sugauli Treaty-1816 with British. But, why Indian Government minimizing the demand of Nepalese people? The Sugauli Treaty insolently imposed by the East India Company and demanded the Nepali territory from Tista in the East to Kangada in the West. 'It would be appropriate and justifiable to consider the East India Company's ulterior motive beforehand in invading Nepal at various eastern, southern and western lands. They had pre-planned objectives in spreading the colonial domination throughout the Indian subcontinent. To this end they covertly prepared themselves and launched war against Nepal. They succeeded to some extent in dominating the Gorkhali fighting patriots at great cost.

Under the cloak of intimidation, threat and coercion, the Treaty of Sugauli was concluded. It would be justifiable and helpful to discuss the mode and method of British offensive aggression prior to assess the validity, legality and occupation of the Nepalese territories by the British under threat, coercion and intimidation on the pretext of the so-called dictated Treaty of Sugauli. The sovereign craving of the people in restoring the illegally occupied territories to Nepal by the Colonial Power must be supplemented.Taking all these customary and treaty provisions of the International law norms, NEPAL has a right to get back the ceded territories. Colonial Power, the British left India setting up new sovereign states that claimed sovereign statehood. Pakistan was one of them. The sovereign people of Nepal have every right to claim the lost territory of former Nepal. The outcome could be accepted as decided by the norms of State Practice and that of International Law.

Nepal and India have concluded Treaty of Peace and Friendship on the 31 July, 1950. Article 8 of this Treaty provides: 'so far as matters dealt with herein are concerned, this Treaty cancels all previous treaties, agreements, and engagements entered into on behalf of India between the British Government and the Government of Nepal'. It is evident that the British invaded and occupied the territories of Nepal to extend the Indian colonial Empire. In relation to the British India occupation of the Nepalese territories, this quoted Article also has nullified the retention and occupation of the Nepalese territories by the Republic of India.'-Former Nepalese army Gen. Dipta Prakash Shah, 'Nepal: Sugauli Treaty-1816 & Breach of Recognized State Obligatio'-, The Telegraph Nepal, weekly.

From the beginning, we Nepalese people have been worrying and demanding the lost Land of Nepal. Just after the establishment of democracy in Nepal-1950, national poet Madhav Ghimire wrote a national poem stating the greater territory of the country and our pride. 'We had reached east to Tista-West to fort of Kangada, to which imperialistic power where we surrendered?' Let it be noted that Yogi Naraharinath (great historical researcher) had said, "Sugauli Treaty-1816 is fake." He had filed a write petition at the Supreme Court (SC) demanding that the territory Nepal's lost-land should be returned. The SC had dismissed the petition without any discussion. I have been writing in many newspapers that India should return the territory from Tista to Kangada with dignity. For national awareness, I have named my daughter as Tista who is now scientist in Ronast and my son Kangada is geologist who is working in hydro-power.

Before 1950, the nation was in the shackles of the dictatorial Rana- regime. After 1950, when the nation enjoyed an open political environment, foreigners--particularly India, openly entered Nepal to carry out their conspiratorial activities. That's why the Democracy could not gain stability. In name of helping Nepal in establishing democracy she endorsed an unequal treaty in July, 1950. They urged the then rulers, Ranas, were promising them of the continued support for their regime. Four months later, she planned King Tribhuvan's escape to New Delhi and kept Nepal under the influence of India through another document- the Delhi Agreement. Some of the points in the agreement were endorsed without the knowledge of the King.

In accordance to the agreement Nepali Army personnel were stationed at the gate of the Royal Palace and India's Panjabi army personnel were stationed inside the palace for the security of the King. Indian national Govindanarayan Singh was assigned as the Chief Secretary to the King. Another Indian national Murdeshwor was appointed the Chief Secretary of the council of ministers. Another Indian Angkor was appointed as Nepal's legal Advisor and Indian General Sharadanandan Singh was kept at Nepal Army's headquarters. In name of reforming the army the number of soldiers was reduced to 8000 from 18000. In the name of security of Nepal, Indian army check-post was established inside Nepal which was located in the northern border. Nationalist forces moved against Indian intervention. But the intervention continued unabated.

In 1960, the King Mahendra had to take over due to danger looming over the country's nationality. During 1961 China-India War, the Indian army established its camp at Kalapani in Mahakali, Western Nepal. To spoil the image of the King Mahendra, some biased people say that it's King who allowed the Indian army to stay at Kalapani. No Survey had been carried out until 1964. The situation was such that we could only rely on maps developed by foreigners. The Nepalese people have been openly opposing the Indian intervention and talking about this issue, not only Mechi to Mahakali but to return also Tista to Kangada. We should, all Nepalese, delicately, support this campaign. We are confident that the Indian government and leaders will return the lost-land of Greater Nepal as good democratic-neighbour.

Now, Maoist chairman Prachanda also has started openly speaking against the injustice of the Sugauli Treaty. But how will this issue be resolved? Nothing will happen by pouring bitterness from our mouth only. Nationality should be from within our hearts. When the Maoist party was in power, they did not speak against foreign intervention and the wide-spread corruption. When they were in power, their activities, attitude and talks were not of one nature. People say that, the leadership is identified when one is in power. The Maoists were also the same, when they were in power, it a matter of grief. They didn't show any respect towards the nation, national identity and conventional beliefs.

In the 10th Bhadra issue of Rajdhani, Prof Dipak Gajurel has written –"The Sugauli treaty that was signed in 1816 between Nepal and British India has been dismissed since 59 years ago. The dismissal of Sugauli treaty means Nepalese territory is automatically as that before the war of 1841-1816 between Nepal and British India. Current territory of Nepal in between Mechi and Mahakali has been given by Article 2 of Sugauli treaty. After the dismissal of Sugauli Treaty by a Treaty of 1950, our territory automatically remains as Tista in east, Satlaj in west and nearly Ganga River in south. However the territory is still in the control of India. Nepal has been gained it. Since 1950 treaty is still functional, Nepal should gain back the territories of east to Mechi, west to Mahakali and that of south which are in control of India."

Nepali scholar and a Political analyst Bijayamani Dixit says- 'Jawaharlal Nehru, the PM of India had said that Nepal has made us proud by remaining a sovereign independent nation in Asia against British Empire reign (where sun never sets.)' Similarly Mr Dixtit says- 'British in India had promised to return entire Nepalese territory to the then PM of Nepal, Jung Bahadur Rana, which was taken by East India Company after Sugauly treaty. In the mean time they returned four big districts in western region termed as "Naya Muluk" and promised again to return all of the Nepal occupied territory before British rule. During the signing of Peace and Friendship Treaty in 1923, Chandra Sumsheer had asked the then British Governor General of India to return the promised land, the British response was that it will be a great headache for British as large population was moved to that area rather take the income generated from those territories – Tista to Kangada and Sonpur, Gorakhpur (south). Later that amount was raised to five million. British India used to pay the sum (Rs 50 Lakhs) even after the independence of India. After the so called 1950 revolution in Nepal the payment as well as the issue of ownership of Nepalese occupied territories has stopped.'-(May 31-2010, Janabhawana Nepali weekly)'

In the same regard, several nationalists including Prof Fanindra Nepal demanded the return back of lost parts (Tista to Kangada) of Nepal protesting in front of Indian Embassy in the occasion of Republic Day of India in 2009. These aggressive rebel voices were not raised without any reason. Since 20 years, Phadindra Nepal is fighting to return our lost-land. The efforts of Phanindra Nepal are also praiseworthy.India let not tease Nepal. My comment also was published in the Indian Express 2009 Dec 2, 'The controversial Sugauli Treaty signed between the British East India Co and Nepal in 1816 that compelled Nepal to concede almost a third of its territory to the British colonial rulers of India. Respectfully, I hope, cordially Indian government should return the Nepalese LAND.' India should not see Nepal with attacking sight Nepal must not surrender to India in the sake of cooperation. Senior journalist Debprakash Tripathi writes in Ghatana and Bichar 19th Aug. 2009 (3rd Bhadra 2066– How long Nepalese people be passionate just by democracy (Loktantra) written over the paper? The representatives of a nation called Nepal wherever they go seek for help. Seeking help for nothing is becoming national belief and due to this our international reputation wouldn't be improved.

Pradip Nepal, UML's Party leader writes in Gorkhapatra 19th Aug. 2009 (3rd Srawan 2066 – "Darjiling area of east was taken in lease for temporary use by British Indian administrators. They used to pay Tax (Morgase) to Nepal. After 1947, Darjiling became a part of Indian Territory due Rana and later administrators of Nepal, though it was never the part of India in history. Indian ambassadors make addresses saying the co-operations of billions of rupees to Nepal. But since 1950, they hide the fact that India earns thousands of billions rupees from forcefully controlled parts of Nepal. If India wants to be good neighbor then it must raise itself from this greediness." And it is our request India should ready to manage and control the open border between Nepal and India, from Tista to Kangada by fencing or construction of wall along the border with consent of both the countries and maintain the 7-10 border points. But,the Indian side is not willing listen the voices of nationalists of Nepal.

Although it is late, Prachanda, the Maoist leader has opened the reality of Indian intervention (after Jun.20- 2010) 'India should return the Nepali land, after India became free, that which had lost after the Sugauli Treaty-1816 with the British ruler in India and all other unequal treaties. The Sugauli Treaty is no more in existence after the British rulers quit India, the treaty with them doesn't exist.' As every corners of Nepal are unmanaged, it will be easier to control over Nepal by India. How can the nation surrounded by traitors and foreigners be protected? So, we should return the missed land of greater Nepal.

We can mention an instance of Indian's intention. Former Premier Kirtinidhi Bist writes (Rajdhani, 25th Aug.2009 "Nepal is now like a pilot-less aero plane. Indian ambassador is behaving like Viceroys in British India. Now it is necessary to understand Nepal's situation or condition by China and India. The nation's identity should be maintained on the basis of cultures and traditions so that the nation would remain strongly united. Nepal needs a politician and a mature diplomat, also the country needs a national commitment to welfare of people and sovereign existence of the nation. We must have courage to counter larger and stronger countries, not teasing them."

The so-called republic, secularism and ethnic federalism are not the issues of Nepal. These agendas are foreigner's conspiracy for collapse Nepal. In such condition, there is no alternate to make stronger the Nepalese people and Army. Nepalese Army that was constituted from time of Pirthivi Narayan Shah (1755) can not remain for the sake of Nepal. Even Supreme Court wouldn't be doll of traitor leaders and foreigners. Those who are trying to politicize court and national army are no doubt culprits. They should be punished and get out. Nepalese people of Kingdom of Nepal and scattered globally wish that the nation must exist forever with the combined effort of the King, political parties and people. Nepalese democracy in which the King has been displaced has also been observed. Nepal can not survive without the King. The country must get a conclusion by the King and people in the welfare of people and nation. Parliamentary democracy is our ultimate goal. This can be achieved with necessary amendments in Constitution of Kingdom of Nepal; 2047.The present constituent assembly can not formulate the new constitution. Even if it will be formed, nation won't be saved. Now let's be strong and committed from every corner for the country's existence against the foreigners intervene and Nepalese traitors.