Lower the temperature, defuse the issue

Context: The recent border issue between India-Nepal over the construction of road near Lipulekh has led to a full-blown diplomatic crisis and need to be solved with quiet diplomacy avoiding rhetoric.

Nepal’s Objection:

• Geographic irregularities: Nepal claims that the Kali river lies further west to the Lipu Lekh Pass and the tributary that joins the Mahakali river at Kalapani is not Kali river.
• New Map: Nepal adopted a new political map that claims Lipulekh along with other areas in Indian territory that have been claimed by Nepal invoking the 1816 Sugauli treaty with the British
• Diverting Attention: Nepal’s PM is trying to divert the attention from his government’s incompetency and failure to handle the current pandemic.
• At the behest of China: India’s Chief of Army Staff believes that Nepal is actually objecting at the behest of external force.

India’s side:

• Inherited Boundary: Through a series of events before independence including the Treaty of Sugauli, The Survey of India maps 1870 etc. the border was concretized much before by the British. 

• Kumaon and Garhwal including the Kalapani area came under India.

• Resolution after independence: The Nepal-India Technical Level Joint Boundary Working Group was setup in 1981 to resolve boundary issue. Except Kalapani and Susta, all the disputes had been solved.

• Motorable road to the Lipulekh pass

• Constructed near the disputed Kalapani area which is used by Indian pilgrims to Kailash Mansarovar.  (It will save 3 days each way)

• It is in same alignment as per the border passes for trade under 1954 and 2015 agreements with China.

Unique Ties

• Freedom struggle: Nepalese political leaders contributed to India’s freedom and Nepalese Army help during problems in J&K and Hyderabad just after independence is to be remembered.
• People-to-people relationship: Strengthen ties due to open borders and the free movement of people often being romanticized as roti-beti relationship, must be nurtured.

Way Forward:

• Avoiding hard confrontation: Blaming Nepal to be working at someone else’s behest might escalate the issue, it needs to be handled bilaterally and with quiet diplomacy. 
• Previous Examples: India’s success at resolving land and boundary disputes with Bangladesh through 100th Constitutional Amendment Act. Political goodwill and statecraft were exercised on both sides.
• Appreciating Nepalese Concern: it is necessary to attend to the issue without raking up the controversy.