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NEW DELHI: Nepal has apparently lost the decades-old original of the 1816 Treaty of Sugauli, a document that largely defined the Himalayan nation’s boundaries with British India, its foreign minister Shisir Khanal told Parliament on Monday.Foreign Minister Shisir Khanal told the House of Representatives recently that while some treaty-related documents are held in the National Archives, their status as the original official documents remains unclear.“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,” Khanal said.He said Nepal does have documents related to the 1816 Sugauli Treaty and the 1950 Treaty of Peace and Friendship with India.The disclosure comes amid renewed tensions over the Nepal-India border after India and China agreed to reopen the Lipulekh trade route. Nepal claims Lipulekh, Limpiyadhura and Kalapani as its territories, while India maintains that they are part of its territory.This becomes significant, as the dispute resurfaced recently after Nepal Prime Minister Balendra Shah said Kathmandu had raised with India concerns over alleged encroachment, including in Lipulekh. Shah said both sides had agreed to examine the issue through historians, surveyors and territorial experts and resolve it through diplomatic talks. He also called for the UK to be involved, citing its role in shaping the region’s borders during the colonial era. Shah said Nepal had found that “not only had India encroached on Nepal’s land, but Nepal had also encroached on India’s land in multiple places.”India rejected any role for third parties, with MEA spokesperson Randhir Jaiswal having said “there is no role for any third parties in a bilateral matter between India and Nepal.” He said nearly 98% of the boundary had been demarcated, with remaining issues including stretches affected by the shifting Gandak River and cross-border occupation or encroachment on no-man’s land. India has also rejected Nepal’s claims over Lipulekh, Kalapani and Limpiyadhura as “neither justified nor based on historical facts and evidence.”The issue of missing treaty documents has been around for years. In 2016, when the Eminent Persons’ Group on Nepal-India Relations began discussions on reviewing or replacing the 1950 treaty, Nepal tried to locate the original but failed to find it. The government subsequently provided the Bhekh Bahadur Thapa-led committee with another copy of the treaty.The matter later prompted a parliamentary inquiry. On July 22, the Delegated Legislation and Governance Committee of Nepal’s National Assembly concluded that the original copies of both the Sugauli Treaty and the 1950 Treaty of Peace and Friendship could not be found in the country.The committee said it searched various locations where historical records could have been preserved, including libraries, archives and government repositories, as well as the Department of Archaeology, Narayanhiti Palace Museum, Ministry of Law and Ministry of Foreign Affairs.The matter had also come up in Parliament in 2019. Then Foreign Minister Pradeep Gyawali said the government had copies of both treaties but was unsure whether they were originals. “We have both treaties, but we have to forensically verify whether these copies are originals or not,” Gyawali had said. “We are also trying to find historical documents and maps in India and the United Kingdom.”Khanal’s remarks came as he outlined a broader plan to review Nepal’s existing international agreements. He said the country has 655 treaties and agreements, including 412 bilateral and 243 multilateral agreements.Of these, 55 have already been concluded or amended, while the government plans to review the remaining 600 based on their necessity and relevance. Khanal said older or inactive agreements would be reviewed, amended or renewed in coordination with the countries or international organisations concerned.“Under the general principles of international treaty law, the review, amendment, or renewal of any bilateral or multilateral treaty or agreement depends on the mutual consent and approval of the concerned state parties or relevant international organisations,” Khanal said.
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He added that the government would undertake the exercise with the cooperation and approval of the relevant countries and international organisations.What is the Sugauli Treaty?The Sugauli Treaty was agreed between Nepal and the British East India Company after the Anglo-Nepalese War. It was signed in December 1815 and ratified in March 1816, with the agreement establishing the basis for Nepal’s territorial boundary with British India.The treaty required Nepal to cede significant territories to the East India Company and renounce claims to lands west of the Kali River, while also setting out provisions governing relations between Nepal and the Company.
