Nepal-India Open Border: Prospects, Problems and Challenges

Vidya Bir Singh Kansakar, Ph.D.
Professor and Head
Central Department of Geography
Tribhuvan University, Kathmandu

Note: This document is updated version of the papers presented in a series of seminars organized by the Institute of Foreign Affairs and FES in Nepalgunj, Birgunj, Biratnagar and Kathmandu. 2001 .

The Evolution of Nepal's International Boundary with China and India

Like most of the countries of the world, the existence of Nepal had been recognised even before the international boundaries had been fully and finally established. Mention of Nepal is found in the ancient history of both China and India. Nepal-China boundary is as old as the history of the two countries, but in contrast to the very ancient cultural, social, political and economic relations, Nepal-India boundary has a comparatively recent origin and its present boundary demarcation and delimitation took place after the Anglo-Nepal War of 1814-16. In contrast to Nepal's boundary with India on three sides: west, south and east, the boundary between Nepal and China lies in the north only. However, the demarcation of Nepal-China boundary had been a problem in the past, because more than 90 percent of the frontiers run through high altitudes with rocks and snow, glaciers and ice fields which are entirely uninhabited. Both countries have respected and continue to respect the existing traditional and customary boundary line and have lived in amity. No remarkable or noticeable territorial dispute has existed between Nepal and China. The few territorial disputes that existed were over rival claims for the settlements of Kimathanka in the Sankhuwasabha and Taplejung districts, the area adjoining the border of Rasuwa, and Nara Nangla of Humla district with the origin of dispute dating back to 1815, 1818 and 1834 respectively (Nepali, 1964:1).:These disputes were resolved by the Nepal-China Joint Boundary Commission on October 5, 1961.

The ruggedness of Nepal-China boundary is clearly revealed by its length which is 1415 kilometres, while Nepal-India boundary which runs along three sides of Nepal is only 1850 kilometers, 465 kilometers longer than Nepal-China boundary. The 1415 kilometre length of Nepal-China boundary is based on measurement in the maps ( for details on Nepal-China Boundary see Annex). If the actual measurement is made on the ground along the slopes and ridges of the mountains, the length of the boundary will be more than that indicated by the measurement in the maps. So far as Nepal-India boundary is concerned, the mountainous portions of the boundary lie in Sikkim State and Darjeeling district of West Bengal State in the east, while rest of the boundary runs along the plains in the south and along the Mahakali River in the west.

The Delineation and Demarcation of Nepal-India Boundary

Prior to the domination of India by the British East India Company, both Nepal and India were divided into petty kingdoms and principalities. As such, very little information is available regarding the extent of border as well as border disputes between Nepal and India. The British East India Company had already started the colonisation, expansion and consolidation of Indian states and principalities through invasion, and was planning to invade Nepal after the death of King Prithvinarayan Shah. The plea for invading Nepal was their false claim over the control of Butawal, which in reality belonged to Nepal. The Anglo-Nepal War of 1814 and the subsequent treaty of peace signed between Nepal and the East India Company on 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 ridges in the Darjeeling hills and Sikkim. Accordingly, Nepal had to forsake the areas lying to the west of the Mahakali River and the areas lying to the east of the Mechi River including the return of the territory of the Rajah of Sikkim occupied by Nepal. The East India Company delineated and demarcated the southern boundary on its own. But no demarcation was made for the Tarai region lying between the Mahakali River and the Arrah Nala, which was ceded to the British India in 1816. Moreover, the entire western Tarai was almost covered with dense forests, 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. In his lifetime, he settled all the problems affecting the boundary between Nepal and India, because he was apprehensive that in the future such problems might lead to friction between the two states (Husain, 1970:108). A straight line between the two pillars was drawn 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. Major disputes and problems arose in the case of river boundary due to 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 because of the fact that the western Tarai, which was ceded to India under the Treaty of 1816, was retrocede to Nepal, the Boundary Commissions of the two Governments met in North Oudh at Bhagura Tal in February 1860 to survey and demarcate the boundary. After the completion of the survey and demarcation, the King of Nepal and the British Resident signed a formal treaty on November 1, 1860. Even after that, the dispute over the river boundary between Mondia 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 Dudhawa Range up to the foot of the hills, while the British insisted on the Range watershed forming the boundary and the area along the Southern slopes of the watershed belonging to India. The Agreement endorsing the claim of Nepal was ratified on June 7, 1875 (Tyagi, 1974:88-98). For the Nepalese territory of 2800 acres ceded to India for the construction of the Sharada Barrage in the early 1900s, a total of 4000 acres in Taratal area to the south of Bardia district was given to Nepal. Later, the survey and review of the territory ceded to India by Nepal revealed that an excess of 31 acres had gone to India. India had agreed to compensate for that area, but it has not yet materialised.

The actual scientific demarcation of Nepal-India boundary started during the topographical survey of the whole of Nepal carried out by the Survey of India in 1926-27. As the survey was carried out from the lower altitudes in the mountain areas in the north, it failed to delineate Nepal-China boundary in the north. This survey produced topographical maps for Nepal indicating Nepal-India boundary including the location and number of each boundary pillar together with topographical details of the Indian side in the maps as well. The scale of topographical maps was 1 inch to 4 miles. The topographical survey of 1955-58 conducted again by the Survey of India provided 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. One notable fact about the topographical maps of Nepal and Bhutan is that the Surveyor General of both was Brigadier General Gambir Singh, and in the case of the topographical maps of Bhutan, details across the India Bhutan border on both sides have been shown. The absence of landmarks onon the topographical maps on the Indian side across the Nepal India border has been the major reson behind the encroachment of Nepalese territories across the border. Since the demarcation of Nepal India border after the Treaty of Sugauli, there has been tremendous change in the landscape on either sides of the border with tremendous change in man made features as compared to the natural landscapes. There has been no attempt so far to up date the boundary treaty maps according to these changes. In case of the Nepal China boundary, the boundary treaty maps contain detailed land features both natural and man-made features on either sides of the border and provided basis for the adjustment of the border to its original position if some discrepancies occurred due to natural or man made causes. It is due to this fact that since the signing of the boundary protocol between Nepal and China since 1961, there has not been any problem regarding the boundary between Nepal and China

There has been several delays in making available the topographical maps by Survey of India to Nepal. .It took more than 25 years to secure the topographical maps of Nepal as they were provided on piecemeal basis. The Survey of India has not make available 17 sheets of which 12 sheets pertain to Nepal India barder area including that of the Kalapani, and 5 sheets pertaining to the Nepal China border.

Under the Sugauli Treaty, Nepal withdrew from all the territory it had occupied in Sikkim as Nepal had no formal treaty with Sikkim regarding Nepal-Sikkim boundary. The British East India Company, under the Treaty of Titaliya on 10 February 1871 with the Government of Sikkim restored the territory ceded by Nepal. A Sunnud dated 7 April 1817 regarding the granting of the territory to the Rajah of Sikkim stated:

"The honourable East India Company, in consideration of the services performed by the Hill tribes under the control of the Rajah of Sikkim, and of the attachment shown to him to the interest of the British Government, grants to the Sikkimputtee Rajah, his heirs and successors all that portion of low land situated eastward of the Meitchie River , and westward of the Maha Nuddee, formerly Possessed by the Rajah of Nepaul, but ceded to the Honourable East India Company by the Treaty of Segoulee, to be held by the Sikkimputtee Rajah as a feudatory, or as acknowledging the supremacy of the British Government over the said lands, subject to the following conditions."

Moreover, there has not been any formal treaty between Nepal and India on Nepal-Sikkim Boundary after the independence of India, and even after the annexation of Sikkim with India in 1975. It is to be noted that Nepal has not yet formally recognised the annexation of Sikkim by India,. and, at the same time, India has not sought recognition from Nepal.

Before the independence of India, there existed a system of regular survey and supervision of Nepal-India boundary jointly conducted by the officials of both countries every year to oversee and find out encroachment, if any, on the boundary, ill-defined boundary, missing and broken as well as displaced boundary pillars with the objective to fix and place them in their original position. Accordingly, while Nepal has been entrusted to look after the pillars having odd number, India looks after the pillars having even number. After the independence of India, no joint boundary survey has been conducted until the formation of a Joint Boundary Commission in 1981 with the composition of six boundary survey teams. Delay in the formation of a Joint Boundary Commission resulted in several boundary disputes, which remain unresolved, because the activities of the Commission are going on at a very slow pace. There is provision for two meetings of the Joint Boundary Commission every year. Twenty years have elapsed since the formation of the Commission in 1981 and accordingly, there should have been 36 meetings up to 1999, but so far only 22 meetings have been convened (Shrestha, 2000:168). Boundary survey of almost all the districts bordering India has been completed except for Darchula, Dadeldhura and Kanchanpur as well as the border with Sikkim state of India. Moreover, there have been several cases of encroachment on and tampering with the boundary markers and damage, destruction and removal of boundary pillars in the areas already surveyed by the joint boundary teams. As a result, there exist several cases of boundary disputes with resulting claims and counter claims. There are reportedly 8 disputed areas along the Nepal India border with a total of six along the rivers of the Mahakali, the Narayani/Gandak (Susta) and the Mechi and the other two are in Pasupatinagar and Thori. There are several areas along the Nepal-India border where no man's land has been encroached on both sides. According to Mr. Buddhi Narayan Shrestha, the former Director General of the Department of Survey of Nepal, there are 53 disputed and encroached areas along the Nepal-India boundary. However, the All Nepal Free Students' Union affiliated with the Nepal Communist Party (Marxist and Leninist) has indicated 61 disputed areas along the Nepal-India boundary. Out of the 26 districts of Nepal bordering India, the map indicates 22 districts having encroachment (problem) and the only 4 remaining districts having no boundary problem are Baitadi, Bara, Mahottari and Dhanusha. The map also indicates boundary problems in the districts bordering the Sikkim State of India. Recently, it has been made mandatory by the both governments to their district authorities on both sides of the Nepal India border to provide information on the status of their respective border in other to oversee and prevent encroachment and damage to the boundary.

The Nepal-India Open Border

Before the signing of the Sugauli Treaty between Nepal and India and subsequent demarcation of the Nepal India boundary, there existed free and unrestricted movement of people of Nepal and India across the border. It was almost impossible to control and regulate the movement of people along more than 1400 kilometres long border. Nevertheless, the main thoroughfare existed for social relations, cultural exchanges (pilgrimages, festivities, fairs, etc.) and trade and commerce and they constituted the major road junctions and places for levying customs duties. Nepal-India border is unique in the world in the sense that people of both the countries can cross it from any point, despite the existence of border checkposts at several locations. The number of check posts meant for carrying out bilateral trade is 22. However, only at six transit points out of them, the movement was permitted to nationals of third countries, who require entry and exit visa to cross the border. As the whole length of the border except police does not patrol the checkposts or paramilitary or military forces of either country, illegal movement of goods and people is a common feature on both sides of the India-Nepal border.

It is not known how the system of free movement of people on either side of the border continued even after the delineation and demarcation of Nepal-India border after 1816. Prior to the 1814 war, the movement of people of both countries was allowed, but they were not allowed to purchase land and settle in the Tarai. Nevertheless, Nepal has been the land of shelter for the refugees fleeing due to the fear from powerful enemies. The Lichhavis, the Mallas and the Shakyas who existed before the birth of Lord Buddha, took refugee in the Tarai and the Valleys of the Himalayas when their lands were usurped by Ajatasatru. Similarly, during the Muslim invasions of India, the Mallas and the Shahs are reported to have taken refuge in Nepal. The growing domination of India the British East India Company prompted the rulers of Nepal to restrict the movement of Indians into Nepal. Moreover, the Tarai could not be brought under cultivation through immigrants from India, because they were neither permitted to purchase land nor entitled to have tenancy rights. Thus the large tracts of the Tarai were covered by dense forests and infested with malaria. The cattle herders of adjoining Indian territories of Champaran and other districts used to graze cattle annually for four months (October to January) by paying duty. Duty was levied on buffaloes and cows were exempted from the levy (Kirkpatrick, 1801:83). Similarly, the agreement on Dudhawa Range specially preserved the right of the Indian nationals to come to the hills for bankas (a type of grass) by paying revenue. Prior to 1789, the Nepal Government established bazaars on the border of Nepal and India for regulating trade and decided that trade could be conducted at these points only. This hampered the freedom of trade, as the British (Indian) merchants had to cross the border and enter into the Nepalese bazaars, and return with whatever they could not sell. Anyone entering Nepal, particularly the Kathmandu Valley and other places in the Tarai in general, prior to the restoration of Oudh Tarai to Nepal in 1860, had to get rahadani or visa from the district governor. This was relaxed during the festival of Shivaratri and after the festival the combing up operation was done to expel all those who had come to attend the festival. This system continued even after the installation of democracy in 1951 until the opening of the Tribhuvan Rajpath in late 1950s.

The Treaty of 1860 and the Nepal India Open Border

In recognition of the supply of Nepalese army at the disposal of the British East India Company to quell the Sepoy Mutiny, the Treaty of 1 November 1860 signed between India and Nepal restored the territory ceded to India under the 1816 Treaty of Suguali. Prime Minister Jung Bahadur tried to develop the Far Western Tarai restored to Nepal by the British as his family property. In order to develop it he made provision in the first legal code of the country formulated during his time, in which foreigners were entitled to purchase and sell land in the Tarai. He even invited the businessmen, traders and the landlords from India. This led to the large scale immigration of Indians into the Tarai for reclamation of forests, for agriculture and for trade and commerce. In the eastern Tarai the Yadav community exploited this opportunity and their significant number is an instance in point. Some of them had even settled in these places before that. Moreover, in the historical past after the draining away of the Kathmandu Valley lake, some of the cow herders from the south settled in Nepal and are said to have established the Gopalbanshi Dynasty. Before the conquest of the Kathmandu Valley by King Prithvinarayan Shah, the culture and economy of the Valley was so rich that it not only attracted people from outside, but also assumed the role of a melting pot, wherein the in-migrants to the valley coming from both the south and north adopted the Newari culture and language.

The British Government kept the Nepal-India border open primarily for two purposes. The first was to maintain unrestricted migration of the Nepalese hill people to India and to procure them for recruitment in the Indian army. Recruitment of the Nepalese in the British army was very difficult up to the period of Prime Minister Ranodip Singh, because the Government of Nepal was in principle against the recruitment of its people in a foreign army. The clandestine and secret operations adopted by the British to get Nepal hill people in the Indian army were disliked by the Nepalese government which took strong measures to discourage the practice. Some of the Gorkhas serving in the Indian army on their return home on leave were even put to death and the property of those serving the Indian army was confiscated (Mojumdar, 1973:42-3). Sensing the harassment meted to families of the Gorkhas in the Indian army by the Nepalese government and to make the recruitment easier, the British Government encouraged migration of the Gorkhas from Nepal with their families and established Gorkha settlements in the hills of India, such as Bhagsu, Bakloh, Almora, Darjeeling, Deharadun, Shillong, etc.(H.M.S.O, 1965:61) It was only during the period of Prime Minister Bir Shumsher that the Nepalese government freely allowed enlistment of Nepalese in the Indian army (Kansakar, 1982::77-124).

The second important factor for maintaining open border by the British was to have easy and free access of British and Indian manufactured goods into Nepal as well as to Tibet wherein Nepal was the only easy and accessible route from India before the discovery of Chumbi Valley route from Sikkim.. Moreover, the British wanted to have secure and easy supply of raw materials from Nepal into India such as timber and forest produce, herbs and medicinal plants, hides and skins, etc.

1923 Treaty of Friendship between Great Britain and Nepal and Development of the Tarai

The large scale involvement of men from the hills of Nepal in the World War I led to the shortage of able-bodied youths, particularly the Magars and the Gurungs, resulting in drastic decline in agriculture activities and shortage of foodgrains in the hills. More than 200,000 Nepalese took part in the war with a casualty of 20,000 men or one in every 10. In recognition of this assistance the British government gave Nepal an annual gift of Rs. 100,000 in perpetuity and the amount was increased to Rs. 200,000 after World War II (Mansergh and Moon, 1976:62). Most of those who were retired and released from war duty after the war, instead of coming back to Nepal, stayed in India where they could get employment in police and para-military services, security services in factories, offices as well as as domestic servants in Indian cities where they were in great demand for their honesty, loyalty and hard work. In recognition of the contribution of Nepal during World War I, the Treaty of Friendship between Great Britain and Nepal signed at Kathmandu on 21 December 1923 recognised Nepal as a sovereign independent country, and this treaty erased from the Nepalese mind the apprehension of invasion by the British. In order to meet the foodgrains need of the country and to resettle the landless, Prime Minister Chandra Shumsher initiated the development of the Tarai. On the one hand, the clearing of the forests in the Tarai provided agricultural lands and on the other hand, the sal tree that was felled provided much needed timber to be used as sleepers for the expansion of Indian railways. Due to the fear of malaria and unbearable heat of the Tarai, the hill people were reluctant to move to the Tarai and the programme rather benefited the immigrants from India. Moreover, development programmes of the Tarai during the period of Chandra Shumsher like railways linking Amlekhganj to Raxaul and Janakpur to Jayanagar, Chandra canal etc attracted more immigrants from India. Chandra Shumsher abolished slavery in 1926 and the emancipated slaves were resettled in Bicha Khori and which was named as Amlekhgunj, town of emancipation. The freed slaves provided the labour for the construction of railway from Raxaul to Amlekhgunj.

Industrialisation and Development in the Tarai

There has been significant contribution of the Indian technical manpower and skilled immigrants to the industrialisation of the Tarai. During the period of Prime Minister Juddha Shumsher, a lot of industries were established in Biratnagar, Birganj and other areas of the Tarai in the process of industrialisation in the Tarai. Industries were established in jute, cotton and textile, matches, plywood and bobbin, pulses, rice, flour, oil, etc. The skilled, semi-skilled and unskilled labour for these industries came from India. Those living in the Tarai who had enough land to till for livelihood were not in need of employment outside agriculture, while people from the hill areas, who lacked technical and industrial skills were reluctant to move down to the hot, humid and malarial Tarai and were more inclined to migrate to India for employment. Thus employment opportunities generated by industrialisation in the Tarai benefited and attracted the Indian immigrants. This trend is still continuing. After the Great Earthquake of 1934, a new modern township around New Road was created in the Kathmandu city with new buildings and shopping lines; local businessmen of Kathmandu and businesmen from India were invited to open up shops. The Marwaris some of whom have been settling before earthquake and the other Indian business communities established shops at New Road and in and around Indrachowk, while the original inhabitants who were displaced as a result of the creation of New Road were resettled in Naya Bazar, the are a between Paknajol and Balaju in Kathmandu.

The Nepal-India Treaty of 1950 and the Open Border

The Nepal-India Peace and Friendship Treaty which was signed on July 31, 1950 agreed to grant, on a reciprocal basis, to the nationals of one country in the territory of the other the same privileges on matters of residence, ownership of property, participation in trade and commerce, movement and other privileges of a similar nature. It became a major turning point in the movement of Indians into Nepal and was further reinforced by the Nepal India open border. However, it did not materialise until the installation of democracy in February 1951, which replaced the oligarchic Rana regime within three and a half months of the signing of the Treaty. It is said that in response to the evolution of incidents in Kashmir, the Nizam State of Hyderabad and the Indian states and territories bordering China, Sardar Patel, as he assumed the portfolio of Home Minister, strongly pleaded and persuaded Prime Minister Nehru to impose some sort of control on Nepal and the result was the Treaty of 1950 and it is clearly reflected in his letter to Nehru (See appendix ). It is to be noted that the Rana Government assisted Indian Government by sending Nepalese troops, when India had to face problems in Hyderabad during independence and in Kashmir in 1948.

Evolution of Major Events due to Nepal-India Open Border after the Installation of Democracy in 1951

As per the agreement between the Nepali Congress and the Rana regime, Mohan Shumsher who as the Prime Minister of Nepal signed the 1950 treaty became the Prime Minister after the installation of democracy in Nepal. Democracy installed in the country actually implemented the spirit of the 1950 Treaty. The movement of Indians into Nepal was not only relaxed, but they also started purchasing land, and were engaged in trade, commerce and other different occupations. The economic and employment opportunities created by the establishment and development of industry, trade, education and health were capitalised by the Indian immigrants by virtue of their capital, enterpreneurship, skill and technology which the people of the hills as well as those of the Tarai lacked. Those from the hills preferred to emigrate to India and Malaya for recruitment in the army and other services rather than move to the hot, humid and malarial Tarai to compete with the skilled migrants from India.

After the complete control over Tibet by China, Nepal witnessed a large influx of about 16,000 Tibetan refugees who were rehabilitated in the camps established at Jawalakhel in Lalitpur, Pokhara, Mustang, Solukhumbu, Baglung, etc. As these refugees were rehabilitated by the International Red Cross and the UN High Commissioner for Refugees and were involved in their traditional wool and carpet industries, which provided income for their livelihood, their adverse impact on Nepalese economy was hardly felt. The transfer of technology provided by the Tibetan refugees in the carpet industry rather proved to be a boon for Nepal, as carpet has been established as the largest export and foreign exchange earning industry of Nepal providing employment to more than 300,000 people.

Status of Open Border during Panchayat Period

The Nepalese who migrated to Burma via Assam during British rule in India in the late nineteenth and early twentieth centuries settled in Burma and were engaged in agriculture, dairy farming, trade and business. In 1964 when Burma (now Myanmar) enforced the Burmese Citizenship Act, those Nepalese who opted for Burmese citizenship stayed back in Burma and those who wanted to retain Nepalese citizenship returned to Nepal. As the returning refugees were allowed to take only limited property, Nepal Government had to take responsibility to resettle them in Nepal. Under the Israeli experts, the government established a Nepal Resettlement Company to launch the first land resettlement in Nawalpur to the west of Chitawan across the Narayani river with the objective of resettling the landless, the natural disaster victims and Nepalese returning from Burma and from North Eastern States of India (Kansakar, 1979:65). There was also influx of domiciled Nepalese from North Eastern States of India, who fled from the wrath of the native people who launched agitation against the foreigners and also the Indians from outside that region (Kansakar, 1984:65). In the mean time the government launched Land Reform programme with the imposition of ceiling on maximum holdings so as to secure excess land above ceiling and to distribute it among the landless in the country. As land reform was launched in the different districts of the country at different stages, it provided opportunities to the big landlords to make necessary arrangement to adjust their lands among their families and relatives. Thus the excess land likely to be received from land reform was far below the expectation of the government. Moreover, landlords started evicting the tenants from their land to avoid conferring tenancy rights. The government could not meet the demand of the people aspiring for land under resettlement programme and the result was the reckless deforestation of the Tarai forests by migrants from the hills who started moving to the Tarai after the eradication of malaria. Moreover, after the enactment of land reform programme, the landlords started tilling their land with the help of immigrant labour from India, because foreigners were neither entitled to purchase land nor were they entitled to have tenancy rights. This led to the large scale influx of migrant labourers from India, and with the passage of time they became eligible to get Nepalese citizenship. Over time, the Tarai witnessed large-scale influx of population from within the hills and the mountain areas of Nepal as well as from India. In order to meet the demand of labour and services in different sectors and population of the Tarai, further influx of immigrants with different skills took place from India.

Land Reform and Open Border

As already stated, the big landlords were able to dislodge tenants so as to avoid conferring tenancy rights under the Land Reform Act. As a result, a large number of low caste people and untouchables like Mushahar, Dom, Chamar, Bantar, Tatma, Dhobi, etc. were deprived of tenancy rights and were compelled to work as agriculture labour in the farms of the landlord and were allowed to stay there. They became landless with no land and housing property of their own. As a result, they were deprived of the Nepali citizenship certificate for which property ownership of land or house is essential. However, their names have been enrolled on the voter list. Political parties have raised issues, particularly by the Nepal Sadbhabana Party regarding the need for conferring citizenship certificate on 4 million Nepalese in the Tarai. The exact number of Nepalese who have not got citizenship certificate is not known. Most of the Commissions constituted to investigate the issue of citizenship have come up with ad hoc figures without any details regarding the name, address and age of those who have not yet got Nepalese citizenship. However, none of the political parties has launched campaign to prepare the list of bonafide Nepalese who have not yet got citizenship certificate. The landless of the Tarai like Mushahar, Dom, Chamar, Bantar, Tatma, Dhobi, etc. have been deprived of several benefits to which a Nepali citizen is entitled, and being the landless they have neither been able to get land under resettlement programme nor could they buy land. It is alleged that the political leaders and government officials are interested in securing Nepali citizenship certificate for Indians who could afford to spend money. There are reports and complaints that foreigners ineligible for Nepali citizenship have also acquired citizenship by means of false declaration or fraud or undue influence, malpractice and corruption (New Era, June 2000:7.69). Moreover, the big landlords could avoid the ceiling on land under Land Reform Act by converting their land for commercial farming like horticulture farm and tea plantation. These commercial farms could not get and employ Nepalese labour force as the latter could easily secure land under land resettlement programme or by illegally clearing government forests. So the commercial farms and tea plantations had to secure migrant labour from India. Thus agricultural and industrial development in the Tarai as well as in the service sectors attracted migrant workers from India.

Open Border and the Bhutanese Refugees

Nepal and Bhutan are separated by a wide stretch of Indian territory, Darjeeling district of West Bengal State and Sikkim State. Bhutan and India have no open border. However, because of the open border between Nepal and India they could easily enter into Nepal via Indian territory. In reality, the first place of asylum for the Bhutanese refugees is India. Under international convention, it is the responsibility of India to settle them in India by establishing refugee camps, but India drove them into Nepal. The Bhutanese refugees represent different Nepalese ethnic and caste groups, but it does not mean that they have directly migrated to Bhutan from Nepal. Lots of them have migrated from different parts of eastern and north-eastern India as well. Nearly 100,000 Bhutanese refugees are resettled in the camps in Jhapa and Morang districts. Though they live in the closed camps with barbed wire fencing, their movements outside are not restricted, and they are also able to cross the barbed wire fencing easily. This has affected the natural, social and economic environment of the surrounding areas, because they are engaged in illegal cutting of trees in the government forests, are engaged in business and work as cheap labour thereby affecting the business and employment of the local community. It is also alleged that a lot of Bhutanese refugees have been able to secure Nepalese citizenship through illegal means. Moreover, a lot of the Indians of Nepalese origin have also migrated to Bhutan, and naturally a large numbers of them must be Indians. It is not known when the Bhutanese refugee problem will be solved.

Prospects, Problems and Challenges arising from Nepal India Open Border

None of the treaties between Nepal and India ever mentions the procedures for the regulation of the Nepal-India border. The trade agreement has specified the agreed routes for mutual trade. But there is no agreement regarding movement of the people and the agreed routes for movement of people of both countries along the border. As for trade, there are 22 agreed transit and customs posts along the Nepal-India border. The concept of open border between Nepal and India has still remained an enigma. Besides, there are several sub-customs posts. It is alleged that it is possible to have illegal movement of people and goods in collaboration with personnel deputed in those posts. There is no denying the fact that it is not unusual from the practical point of view to have illegal smuggling of goods, trafficking of girls to brothels in Indian cities, trafficking in narcotic drugs, arms and ammunition and movement of criminals and terrorists. In principle, both Nepal and India have positively agreed to control such illegal activities along the border, but there is lack of an effective and practical approach. So far as smuggling from Nepal to India is concerned, Mr. Sriman Narayan, the former Indian ambassador to Nepal, had once described it as smuggling by the Indians, to the Indians and for the Indians because of the craze for foreign goods in India and the import of Chinese goods (Sriman Narayan, 1970: 84). Inder Malhotra, a noted Indian Journalist, has remarked," Nepal's economic needs should be treated with maximum understanding and generosity even if India has to suffer losses here and there, provided no grave damage is done to the Indian economy. India's unwillingness to adopt such attitude has been due to the diversion of import and export between Nepal and India in which a particularly unsavoury group of Indian businessmen in Nepal have been the main promoter as well as beneficiaries of the various rackets. If allowed unchecked, the activities of these ugly Indians may do incalculable damage to Indo-Nepal relations" (Malhotra, 1970:6). Since the start of Nepal's foreign trade with the third countries, Indian business and industrial enterpreneurs started pouring into Nepal to benefit from the provision of foreign trade, because of the high demand for foreign manufactured goods in India and restriction on the import of foreign goods from abroad as well as very high import duties. Nepal became safe haven for the Indian business community to import foreign goods, which had a high demand in India, and to smuggle them to India. In the process of industrialisation in Nepal, Indians came in the forefront for investment by taking advantage of facilities such as foreign exchange to import machinery and raw materials, excise and tax exemption and foreign exchange bonus for the export of goods manufactured in Nepal. But the government's attempt to develop industries received a setback, because most of the Indian industrialists indulged in misappropriation of foreign exchange by importing second grade machinery and excessive raw materials to sell them in India. Recent incidents of the import of Indian carpets and garments into Nepal and their re-export to third country as Nepal's own products have rendered incalculable damage to the carpet and garment industries of Nepal. It will be no exaggeration to state that this is due to the existence of massive corruption in the government bureaucracy, ad hoc policies, rules and decisions based on them, and lack of monitoring and evaluation. Moreover, there is no denying the fact that customs on both sides of the border are involved in corrupt practices. Despite the provision of access to market India for a large number of Nepalese manufactured goods with reduction in customs tariff as agreed under the trade agreement between Nepal and India, the problem lies with the non-tariff barrier, such as harassment to the Nepalese exporters by customs personnel and police patrols on the ground that they have not received any directives from the central government, or the items have more foreign components than stipulated in the treaty, and so on. . Nepal has been charged with dumping of Nepalese goods into India. As a result the extension of the trade treaty has not taken place. It is in the state of stalemate due to the demand of the Indian government that the provision of the quantum of foreign component included in Nepalese manufactured goods must be reduced. Despite the export of Nepalese manufactured goods as per the trade agreement, the trade deficit of Nepal with India has remained several times high and India has not shown any indication to reduce the trade deficit of Nepal with India. India has agreed to extend the present trade treaty for another three months only.

The Main Trade and Transit Points along the Nepal India Border

The development of market towns took place along the Nepal India border, mostly near the Indian railway heads since the early twentieth century. These towns along the Tarai emerged as trade routes between Nepal and India with some trade points located in the hills along border in the east and the west. The development of numerous transit points emerged during different period after 1951. The following are the mutually agreed main trade routes for trade between Nepal and India and transit points for access to sea from Calcutta port.

 Source: Department of Customs, HMG/Nepal

There are all together main customs posts along Nepal India and Nepal China borders with the additional of 143 Choti Bhabsar (sub-customs posts). Nepal has transit treaty with India only. .Nepal has established 3 dry ports on the Nepalese side for the transport of goods directly to and from Calcutta port. They are in Biratnagar, Sirshiya east of Birgung and Bhairahawa, and the dry port of Sirshiya Hs provision of railway connection via Raxaul to Calcutta port.

Immigration Points

The immigration points along the Indo Nepal border for the entry and exit of nationals from the third countries are:

• Banbasa
  
• Dhangadhi
  
• Nepalganj
  
• Bhairahawa (Sunauli)
  
• Birhanj
  
• Kakarbhita

There are only two immigration points along the Nepal China border. They are Kodari with road connections from Kathmandu and Nara Nangla in Humla with mule track from Simikot. The border checkpost of Nara Nangla, however, lies several kilometres south inside Humla. As for the immigration points along Nepal India border, they are connected by road. Tribhuvan international airport in Kathmandu is the only immigration point for foreingn nationals coming by air.

Socio-Cultural Implications of the Open Border

Socio-cultural similarities on either side of the international border, a universal phenomenon, are more pronounced in the case of Nepal-India border, because such ties have been enhanced by open border with no restrictions on the movement of people on either side. Social and cultural similarities do exist along the Nepal China boundary as well but more so in the case of Nepal India border where people have easier access and interaction. Ethnic and linguistic similarities exist along the Nepal-India border both in the south plains and hills in the east and west. The open border has naturally promoted social and cultural interaction among the nationals of both sides through matrimonial relationship as well.

The role of religious centres of pilgrimage for both Hindus and Buddhists in both countries has been responsible for strengthening the social and cultural bonds between the two countries. Nepal as the abode of Pashupatinath, and the birth place of Sita and Buddha has been the holiest place for both Hindus and Buddhists. Regular visits of pilgrims from India to the holiest places like Lumbini, Janakpur, Kathmandu Valley, Muktinath, Swargadwari, Barahakshetra, etc.have contributed to enhancing and strengthening the cultural relations between the two countries. Likewise, Nepalese pilgrims visit the holiest Hindu places of Kedarnath, Kashi, Gaya, Jagannath, Haridwar, Allahabad and holiest Buddhist places like Buddhagaya, Rajgir, Sarnath, Nalanda, Kushinagar. People's visits from both countries to places of tourist attraction as well as to important cities have contributed to strengthening friendship, mutual understanding as well as trade and cultural relations.
When health infrastructures in Nepal were not developed, a large number of people from the Tarai as well as from the hills used to go to hospitals in India across the border. During the last few decades, Nepal has been able to develop health facilities in the country, particularly in the Tarai, with the establishment of regional, zonal and district hospitals with modern medical facilities. This has resulted in the large-scale flow of patients from India into these hospitals. One noteworthy development of medical facilities in the Tarai has been the opening of the modern eye hospitals and opthalmology units in zonal and regional hospitals. These facilities have resulted in the large scale inflow of eye patients from the bordering states of India because of quality and cheap services. A medical institution that has attracted a large number of cancer patients from India is the cancer hospital in Bharatpur with ultra modern cancer treatment facilities. The flow of Nepalese cancer patients to Mumbai is still continuing. Another important development in the medical sector is the opening of a number of medical colleges in Nepal. There are 10 medical colleges in Nepal, most of them in the private sector. Three medical colleges are located in Kathmandu, one in Pokhara and 6 in the Tarai: Dharan, Birgunj, Bharatpur, Bhairahawa, Nepalganj and Chisapani. These medical colleges have attracted a large number of Indians including non-resident Indians seeking medical education and also patients seeking medical services in these hospitals. The flow of Nepalese students seeking medical education in India is also continuing. But gradually decreasing in number.

The legacy of ancient civilisation that existed along the entire length of Nepal-India border has been relegated to historical ruins and archaeological remains. How the ancient civilisations of Mithila, Birat, Koshala, Shakyas, etc., in the Tarai region perished has still remained an engima. It has been argued that the bad drainage system converted ancient towns and villages into malarial places and people deserted them; they were reverted to natural state as dense forest infested with wild animals and, above all, malaria. The Tharus, the Kumhals, the Dhimals, the Rajbanshis, the Dunwars, etc., are considered to be the ancient people of these civilisations. They were malaria immune ethnic groups living in the isolated patches of dense forests in the Inner Tarai in the past. The migrants from India as well as from the hills and mountain areas of Nepal squeezed them. They were gradually displaced from their traditional tribal lands, and most of them were relegated to the status of marginal and landless peasants. The existence of Kamaiya or bonded labour among the Tharus numbering some 8000 families is an instance in point. The Kamaiya system has been abolished in the country recently without any arrangement for the rehabilitation of the freed Kamaiyas.

The open border has economically benefited the nationals inhabiting both sides of the border. Those engaged in agriculture have economically benefited from the sale and purchase of agriculture and livestock products in hat bazaars taking place regularly in different places on either side. The increasing urbanisation and growth of towns in the Tarai and along the border inside Nepal has resulted in large inflow of goods from Indian side into Nepal. The open border has provided employment to the people on both sides in the transport sector as well.

Migration into Tarai prior to1860 was constrained by restriction on the purchase of land by Indian nationals in Nepal. When the Far Western Tarai was restored to Nepal in 1860, the legal codes formulated by Prime Minister Jung Bahadur made provision for the allotment of land to Indian nationals through sale and purchase so as to appropriate income from the restored territory for himself, his families and favourites. This resulted in the large-scale migration of the Indian people from the adjoining border areas of India. Similarly Prime Minister Chandra Shumsher also initiated reclamation of the forest areas of the Tarai for agricultural purpose on the advice of J.V. Collier, an Indian Forest Officer. Collier himself became a contractor to clear the forest in Kailali district by extending railway line up to Godawari near the Siwalik foothills. Collier cleared the forest so rapidly that it alarmed the Government of Nepal which had to cancel the contract. It may also be noted that the sal forest of Nepal Tarai provided the timber for much needed railway sleepers for the expansion of Indian railways. Forests also provided the largest source of revenue to the government, even after the installation of democracy in 1951. The reclamation of the Tarai not only attracted the immigrants from India but also the hill people who were employed in government services in the Tarai. They purchased land in the Tarai and became Zamindar, the big landlords.

The installation of democracy in 1951 marked the unrestricted movement of the hill people in the Tarai as well as from India. It was further accelerated by malaria eradication programme launched in the Tarai in the late 1950s. This brought about a drastic change in the regional redistribution of population in Nepal. Malaria eradication programme was accompanied by land resettlement programmes for diverse target groups, such as landless people mostly from the hills; political sufferers; Gurkha ex-servicemen both of Nepalese, Indian and British armies; victims of natural disaster; Nepalese refugees from Burma; Tibetan refugees, and so on. The Tarai which accounted for only 35.2 percent of the total population of Nepal in 1952/54 had 46.7 percent of the total population of Nepal in 1991 (Table 1)

 Regional Distribution of Population in Nepal

(in Percent)

Population growth in the Tarai has shown the highest trend since 1961. It has been estimated that in the census of 2001 that has yet to be finalised, the Tarai only with 23.1 percent of the total land area of the country will have more than 50 percent of total population of Nepal.

The density of population in the adjoining districts of India is higher than in the adjoining areas of Nepal. However, development activities in the Tarai districts of Nepal have been responsible for migration of Indians into the Tarai. The division of Bihar state with the detachment of mineral wealth rich and industrial belt going to Jharkhand and the creation of Uttrakhand with the detachment of fertile Ganga plain in Uttar Pradesh might inevitably aggravate further the poverty of the districts of Bihar and Uttarkhand bordering Nepal and might increase immigration of Indians into Nepal. In view of the dearth of different skills among the Nepalese, the skilled manpower required for different development service activities comes from India and the process of replacing these migrant workers by Nepalese has been very slow due to strong competition from the most skilled migrant workers on the one hand and the lack of government policy and programmes to train Nepalese in these skills on the other hand. The failure of the country's education programme to produce manpower with different technical skills has resulted in the production of educated mass with limited demand base in the country's economy. The large number of unemployed educated youth in the country is creating serious social, economic and political problems for the family, society and the nation. There is no denying of the fact that the emerging Maoist problem of the country is related to this reality.

The socio-cultural aspect of migration involving migration of family members, kith and kin, relatives, local communities, is notable in the case of Indian migrants into Nepal Tarai from across the adjoining districts of India. One of the important socio-cultural aspects of migration on either side of the Nepal-India border is marriage migration. Usually age and sex selectivity of migration is characterised by predominance of able-bodied males. But in the case of migration on either side of the Nepal-India border, it is characterised by predominance of females over males. The 1991 census of Nepal revealed 378, 692 Indian born population in the Tarai, of which only 93,345 persons or 24.7 percent were males and 285, 347 persons or 75.3 percent were females. The available figure of Nepal born population in the four States of Bihar, Sikkim, U.P. and West Bengal, according to the 1981 census of India, recorded higher proportion of females in Bihar (39.0 %), Sikkim (52.7 %) and U.P. (56.5 %), while West Bengal had only 41.1 percent. In India as a whole the proportion of Nepal born females constituted 52.3 percent of the total, while in Nepal the India born females constituted 71.9 percent of the total. The India born population in Nepal accounted for 2.4 percent of the total population of Nepal, while the Nepal born population in India constituted 0.07 percent only. In the Tarai districts, the India born population represented 4.4 percent of the total population of Tarai. In the States of Bihar, West Bengal and U.P., Nepal born population accounted for 0.21, 0.001 and 0.09 percent respectively, while it was 6.84 percent of the total population in Sikkim. This clearly indicates the impact of India born population in Nepal compared to that of Nepal born population in India.

Communal disturbances in India have a direct bearing upon the increase in the magnitude of Indian immigrants into the Tarai. The sudden spurt in the increase of Muslim population in Nepal between 1981 and 1991 is a clear-cut instance. The Muslim population increased from 399,197 persons in 1981 to 653,218 persons in 1991, which means an increase of 38.9 percent over a decade. 96.7 percent of the Muslim population confined to the Tarai constitute 7.32 percent of the total population of the Tarai. The sudden increase in Muslim population may be attributed to the growth of garment industry in Nepal to a greater extent and to other activities to a certain extent, because the Muslim community possesses diverse occupational skills which other communities usually lack. Similarly, since 1984 the number of Sikh immigrants into Nepal has considerably increased. At present, there are six Gurudwaras in Nepal, namely, in Kathmandu, Lalitpur, Birganj, Nepalganj, Butwal and Dhangadhi of which the latter four are in the Tarai.

Quite obviously, development of agriculture, industry, commerce, transportation and other related activities in the Nepal Tarai has been attracting Indian immigrants from across the border. The very high growth of population in the Tarai has resulted in a growing demand for employment within the Tarai region itself. The population living on either side of the Nepal-India border is overwhelmingly dependent on agriculture, and seasonal employment was open to them in the past in the agricultural sector in Punjab. With increased disturbances in Punjab, migration of population to this region virtually stopped. The ever-increasing immigrants from across the border into the Tarai have displaced the local population from their employment opportunities and they are migrating to the urban areas from the hills, particularly the Kathmandu Valley, and also to the urban areas of the Tarai. It is a universal phenomenon that migrants are hard working people and they can devote more time to their work because they are free from the day to day obligations of their families and society. This has indeed resulted in hatred among the local people towards the immigrants as they find it difficult to compete with the outsiders. The eagerness of the immigrants to secure citizenship certificate by hook or by crook has rather delayed the process of distribution of citizenship certificates to the bonafide population under constitutional provisions. Large-scale migration of the outsiders in Northeastern India, Kashmir and Punjab has actually displaced migrants who have settled in these areas for generations, giving rise to the movement for 'sons of the soil'. There is every danger of this situation cropping up in Nepal as well, if efforts are not made to regulate migration. Indians of Nepalese origin being driven away from Northeastern states of India is a glaring instance. Nepal-India migration in the real sense represents the mutual exchange of poverty rather than prosperity.

The most serious and adverse impact of open and uncontrolled Nepal-India border has been in the form of growing and anti-social and lawless activities. The ever increasing crimes along the border has been a major concern for both governments since early nineteenth century, and the Treaty of 1855 was aimed at controlling these problems. However, the policy of open border has rather enhanced such activities. The unrestricted movement across the border has indeed been responsible for all sorts of criminal, anti-social and illegal activities such as robbery, theft, murder, smuggling of goods to evade custom duties, narcotic drugs trafficking, trafficking of girls, arms smuggling, smuggling of archaeological arts and artifacts and manuscripts, kidnapping for rnsoms, etc. Since 1980s, Nepal-India border has developed into a thorough passage for the cross border movement of terrorists. In view of growing terrorism in Uttar Pradesh-Tarai border in Nepal, members of the Lok Sabha demanded the sealing of the Nepal India border. When Nepali political leaders and intellectuals raised their voice for controlling and regulating the movement of people across the border, their counterparts in India termed the Nepalese concern as an anti-Indian stand.

The use of muscle men for booth capturing and for electoral manipulations on either side of the border during elections is also not uncommon. Complete sealing of the major entry points to control such practices a day or two before elections has not been so effective as there are no provisions for patrolling along the border. It has been alleged that criminal elements have been harboured and provided protection by the political leaders and influential persons on either side of the border. This sort of activities also exists along the Nepal-China border. It is alleged that some of the influential political leaders on the Nepalese side in collaboration with the border customs officials are involved in smuggling of the Tibetans to the monasteries in Kathmandu, for which they are paid handsome amounts. The Tibetans who illegally cross the Nepal-China border are handed over by the Home Ministry to the UNHCR representative in Kathmandu, who in turn hands over them to the office of the Dalai Lama in India. It is said that Tibetans in the rural areas who intended to raise their children as monks and nuns on account of their cultural tradition or for monetary gain are smuggled into Nepal as refugees. Nepalese professing Tibetan Buddhism and living along the Nepal-China border also get their children admitted to the monasteries in Kathmandu or in the monasteries run by the Dalai Lama. Most of the religious institutions in which there is manpower shortage to run temples, monasteries, churches, mosques, etc. are facing difficulty because men and women from the urban and developed rural areas have access to education, social awareness and modern amenities and way of life. So these religious institutions are attracting people from the backward and poor rural areas. The monk and nuns in numerous Tibetan Buddhist monasteries in the Kathmandu Valley and in other parts of the country can be cited as an instance in point. Similar situation exists in Sanskrit Pathshalas and Vedic Pathashalas and also in the religious Islamic Madrashas in the country.

In recent years, there has been sudden spurt in crimes such as theft, robbery, kidnapping and murder on both sides of the border as well as increase in terrorist activities on the Indian side. Open border has provided safe passage to criminals and terrorists. The incursion of Indian police inside Nepal without permission in search of criminals who fled into Nepal has hurt the sentiments of the Nepalese and is reported to have generated hatred against India. There has been a number of intrusions/hot pursuits by Indian police- Manebhanjyang in December 1987, Delhi police raid in March 1994 and several other incidents near Nepalganj, Bhairahawa and Birganj, 90 per cent of these cases are of Indian origin (Mehata, 2001:21). The incursion of Indian police without permission of the Nepalese authorities in connection with manhunt in Baneswaor, Kathmandu is still fresh in the mind of the Nepalese. Such unauthorised incursions by the Indian police with blatant violation of international law and code of conduct need to be avoided.

Apart from tampering with the Nepal India border by the local people in the Indian side, the Indian government itself has been involved in the violating the norms of international boundary treaty. The construction of dams on the rivers flowing from Nepal just across the Nepal India boundary on Indian side has resulted in flooding and submergence of large tracts of Nepalese territories. It started with the Bagmati river. Recently, the construction of dm over the Mirchiya river in India has submerged a large tract of Nepalese territory and threatened the submergence of the international heritage site of Lumbini, the birth place of Lord Buddha.

The recent deployment of the Nepalese army in the border customs checkposts needs serious reconsideration because of its sensitive nature and role in the national defence It has demoralised the customs personnel, and police already working in these checkposts are indirectly branded as corrupt. There is no guarantee that army personnel also might not follow the suit of corrupt customs personnel and police deployed in the border check-posts. The deployment of army in the border customs check-posts might cause unforeseen and unwarranted incidents. The recent sad incident along the disputed India -Bangladesh border is a glaring example of how hostility may arise between the two friendly countries. Considering the unresolved boundary demarcation along Nepal-India border, such army deployment needs serious consideration. Recently, clash between the local Indian and the Nepalese people regarding the Nepal-India border occurred in Kakarbhitta in the Mechi River.
There is a general feeling in Nepal that the Indian leaders and diplomatic personnel have a tendency to look upon Nepal with suspicion and distrust, particularly regarding Nepal's relations with China and Pakistan. This attitude reminds one of the British colonial legacy. During the exile of King Rana Bahadur Shah to Benares, the British East India Company became successful in exploiting the situation by entering into a treaty with the Nepalese King in 1801. One of the clauses of the treaty states, "The principals and officers of both Governments will cordially consider the friends and enemies of either State to be the friends and enemies of the other; and this consideration must ever remain permanent and in force, from generation to generation". (Aitchison, 1863:196). Though the treaty was abrogated by the treaty of 1804, most of the Indian leaders and diplomatic personnel as well as news media have not given up this colonial legacy from their mind. Regarding the purchase of arms and ammunitions by Nepal from other countries, Nepal was required to have permission to import them via Indian territories from the Government of India. This preconditions envisaged by the British (Husain, 1970:170-9) was followed by the independent Government of India as it was incorporated in the letter of exchange of 1950 treaty. According to the 1965 Nepal-India Agreement on Arms Assistance, Nepal's response was rather lukewarm, because it was having arms assistance and purchase from other countries. In view of Nepal's confrontation against the rebel Khampas among the Tibetan refugees in Nepal who made forays in Chinese territories from across the Nepal-China border and the need for training the Nepalese army in modern weaponry and warfare so as to make them competent enough to work in the UN Peacekeeping Force, importation of arms, ammunition and vehicles by Nepal in 1989 became a pretext for India to impose economic blockade on Nepal which, however, hurt the Indian traders and businessmen rather than the Nepalese majority of whom live in the rural areas. During the 1950 -51 revolution against the Rana regime, the Nepali Congress had to purchase arms from Burma because of India's unwillingness. After the installation of democracy, during the period of Prime Minister Matrika Prasad Koirala, those arms and ammunition in the hand of the Mukti Sena (who were posted in Nepal as para-military force) were destroyed in Khumaltar, Lalitpur under the supervision and presence of the Chief of the Indian Military Mission in Nepal. During this period Indian military check-posts were established along the important border posts along the Nepal-China border.

The attitude of Indian politicians and news media to view with suspicion any assistance Nepal gets from China and the debate in both Houses of Indian Parliament on Kathmandu-Kodari Highway linking Kathmandu with Lhasa and terming them as "military road capable of moving tanks" bear ample testimony to this fact. However, Prime Minister Indira Gandhi had to say, "China is a neighbour of Nepal and naturally they would like to remain friendly with China also. But I do not think it is in no way interference with the very close friendship and close cultural link which we have with them" (Bhasin, ed., 1970:116). When the Chinese constructed a ring road around Kathmandu and Lalitpur, some Indian papers carried the news that the road is wide enough to land jet fighters. Frequent strains in relations between Nepal and India at the government level are not due to political, geographical, economic or cultural reasons, but due to the amateurish handling of some of the issues by Indian politicians (Sharma, 1970:2). Recently the statement of Mr. K. R. Malkani of the Bharatiya Janata Party questioning the sovereignty and independence of Nepal and the statement of Mr. Thakerey. President of Shiva Sena in favour of Indian military intervention following the Royal Palace massacre are instances in point to hurt the sentiments of Nepalese and the friendly relations between Nepal and India. Indian news media are also responsible for spreading false news. The exaggerated and false news telecast through Indian televisions relating to the incidents and disturbances in Kathmandu in the aftermath of the Royal Palace massacre have been largely responsible for the drastic decline in the tourist flow from India and other countries. Jawaharlal Nehru, the first Prime Minister of India who aspireed for and established cordial relations between Nepal and India, while addressing a press conference in New Delhi on 18 January 1961, had said, "Broadly speaking, our relations depend not really on any person's goodwill, on Nepal's goodwill, on that government or this government……………They depend on geography and history, which cannot be easily done away with" (Bhasin, 1970:55). The concept of territory and boundary is imbedded in the animal kingdom and mankind cannot be an exception. Many wars and battles have been fought over territorial and boundary dispute and are still continuing in the absence of mutual rapprochement over the demarcation of boundary between the two States. One must not forget the Nehru-Zhou-en Lai concept of Hindi_Chini Bhai Bhai turning into Sino-Indian war of 1962 over the border dispute. .So Nepal and India must not overlook the issue of undefined border between the two countries. It is quite disheartening to note that both countries have not been able to resolve the boundary issue even during time span of two decades since the formation of a Joint Boundary Commission in 1981. The recent understanding reached between the two governments during the meeting between Prime Minister Atal Behari Vajpayee and Prime Minister Girija Prasad Koirala to complete the boundary demarcation within three years is praiseworthy. However, seriousness and an action plan required for its completion are still lacking.

There is a need of revision of the border treaty maps regularly at least every 5 year, because Nepal India boundary run through the inhabited area as well as along the rivers. Man made features are naturally appearing on both sides of the border with possibility of tampering the boundary and the no man's land as well as changes in the natural course of the rivers. This will certainly avoid misunderstanding and dispute that might arise, if the status of border is no monitored.
An uncontrolled and open border, as stated earlier, constitutes the breeding ground for anti-social, criminal and illegal activities. Regulation of the Nepal-India border had become urgent. In both Nepal and India, voter's identify card has become compulsory for the voters, and this will facilitate, to some extent, the task of regulating the movement of population