In News:

• Nepal Prime Minister, on his visit to India, raised border issue with the Indian Prime Minister.
  
  
• However, he agreed not to politicise the border dispute matter.
  • Nepal had in the last 2-3 years highly politicized the dispute over the Kalapani area, including passing a new Constitutional Amendment showing this region in Nepal for the first time.
    
    
  
  
  
• In this context, we try to under the India-Nepal border dispute over the Kalapani region, and the evolution of the dispute over the recent years.
  
  

Background to India-Nepal border dispute at Kalapani region

• The border dispute between India and Nepal at Uttarakhand border is over a small triangular shaped region.
  
  
• The 3 key areas in this region are Limpiyadhura, Lipulekh and Kalapani that have been with India for a long time.
  
  
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The 1816 Sugauli Treaty made Kali river as border between India and Nepal:

• The Sugauli Treaty was signed by Nepal with the British in March 1816, when Britain ruled over India.
  
  
• As part of the treaty, the British took back the Kumaon and Garhwal regions that were earlier annexed by the Nepali Gurkha kings.
  
  
• Under the treaty, Nepal renounced all claims to the areas lying to the west of river Kali (at the border of Uttarakhand and Nepal).
  
  
• The land east of river Kali thus remained with Nepal.
  
  
• This claim is reinforced by some old revenue records and gazette notifications.
  
  
• The treaty underwent some revisions to accommodate Nepal in the Terai (southern part) and was finally endorsed by the British government on November 15, 1860.
  
  

India accepts this position:

• India accepts this position, that the land east of the Kali is with Nepal, and to the west is with India.
  
  
• British handed over Kalapani to India at the time of independence.
  
  

Dispute is over the uncertainty regarding the origin of Kali river:

• There is ambiguity in the Sugauli treaty on the identification of the Kali river and its origin.
  
  
• For India, it originates at Lipu Lekh:
  
  
• According to India, the river originates from Lipu Lekh and then merges into other streams and tributaries to become the Mahakali.
  
  
• Consequently, Limpiyadhura, Lipulekh and Kalapani lie to the west of river Kali and thus part of India.
  
  
• For Nepal, it originates at Limpiyadhura:
  
  
• Nepal’s contention is that Kali originates from Limpiyadhura and the stream originating from Lipu Lekh is called Lipu Khola.
  
  
• Thus, as per Nepal, Limpiyadhura, Lipulekh and Kalapani lie to the east of river Kali and thus become a part of Nepal.
  
  
• Kalapani is the area between the two claims:
  
  
• The area between these two streams is Kalapani.
  
  
• This is the basis of the dispute over the Kalapani region.
  
  

Till 2020, Nepal also endorsed India's position on this:

• Nepal has endorsed India’s position for nearly 150 years.
  
  
• It used Indian maps showing Kalapani, Limpiyadhura and Lipu Lekh in India.
  
  

China has also accepted India's position:

• China accepted Lipu Lekh as one of the cultural and commercial transit points with India under its 1954 Peaceful Co-Existence Agreement.
  
  
• This was reiterated in 2015 in a joint statement during Prime Minister Narendra Modi’s visit to China.
  
  

Significance of Lipulekh/ Kalapani to India:

• Historical and Cultural:
  
  
• Kalapani has historical, spiritual and cultural significance for India due to its location on the trade and pilgrim route to Tibet.
  
  
• Much before the British came, Indians were using this route (via kumaon in Uttarakhand to Lipu Lekh pass) for the pilgrimage to Kailash Mansarovar.
  
  
• Even Nepal acknowledged this old trade route be a major node for India-China trade (Lipulekh is at India-China-Nepal trijunction).
  
  
• Strategic:
  
  
• The high Lipulekh mountain pass in Kalapani is currently also of strategic interest to India.
  
  
• It helps India track Chinese movements in the region.
  
  
• Since 1962, it's been manned by the Indo-Tibetan Border Police.
  
  

Recent events surrounding Kalapani

India published map showing Kalapani in India in 2019 (similar to earlier):

• The dispute was triggered in November 2019 when India issued a new map to indicate the changed status of Jammu and Kashmir into a Union Territory.
  
  
• Nepal raised objections because the Kalapani area was shown as being in India.
  
  
• Indian maps have always shown it that way; therefore, there was no change in the map in this area.
  
  
• Map published by India:
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India inaugurated road to Lipu Lekh Pass in 2020:

• In May 2020, India inaugurated a road from Darchula to Lipu Lekh Pass, aimed at strengthening India’s defence supply lines as well as facilitating smooth passage for pilgrims to Kailash Mansarovar in Tibet.
  
  
• Nepal’s objected to it, saying the road is an encroachment on its sovereignty.
  
  

In 2020, Nepal amended its constitution to show Kalapani in Nepal for the first time

• In June 2020, Nepal's Parliament made a constitutional amendment to update its national emblem by incorporating Limpiyadhura, Lipulekh and Kalapani.
  
  
• This was an effort to give legal status in that country for the new political map of Nepal to include the Kalapani region.
  
  
• India rejected Nepal’s claim saying the region lies completely within Indian borders.
  
  
• Map as per Nepal after this amendment:
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• India then told Nepal it would refuse to hold boundary talks after the passage of this amendment, as it violated the understanding that talks should sort out boundary issues.