Facts and Figures concerning ‘Indo-Nepal’ Disputes on Nepal’s Western Border Kali River

Nepal’s history as an independent nation dates back to Vedic Period in South Asian Civilization. A renowned India Historian, R.S. Sharma, has mentioned about Nepal, in his book Indian’s Ancient Past, as a country contributed significantly to the emergence of Sanskrit texts during later part of Vedic Period. He also writes stories of King Ashok’s stone pillars in his book saying that ‘Nepal was one of the countries chosen for his pilgrimage.’ Until then, there was Maghad as an Empire in South Asia, which broke into several pieces after Ashok’s death.

India was actually centralized and integrated by the British Colonial regime for its convenience of tax collection and administrative uniformity. Since the era of Maghad, Nepal remained as an independent country, with great significance for the South Asian history, representing the Himalayan Civilization. It let coexistence of cultures of different tribes and formed a ‘territorial and historical state entity’— the word “Nepal” is not attributable to a specific history, religion or culture and language of a particular tribe or clan group. Nepal is a country nurturing diverse population groups inhabiting within its borders. In this sense, Nepal is the only country in South Asia with its uninterrupted history existence as a nation and history-- since middle-era of Vedic Period (era of Mahabharat war).

There are some historical references, even portrayed by the Indian Durdarshan TV’s teledrama Chanakya, that showed that Chandragupta Maurya had sought and taken help of Nepal to depose Dhana Nanda, a morally lax emperor of Maghad that time. Nepal’s famous historian Dilli Raman Regmi has writen about ‘Emperor Ashok’s visit of Kathmandu along with his daughter Charumati, who was married to the then king Stumpo, a Kirat king of Nepal.

The history of Nepal represents many facts of unique and enduring significance. Nepal was never attacked by any powers from northwestern invaders, including Hunas and Kusans, due to its impregnable territory and natural forts. Hence, uniqueness of culture and civilization was preserved and flourished. It has represented three major civilizations—the Sanskrit-based Vedic civilization, Kirat Civilization and Sakya Civilization (Buddhism). This uniqueness of Nepal adds to the South Asian Civilization also, which India now defines wrongly as ‘Indian Civilization’—it was the name given by the colonial writers in during colonial era. With no doubt, it is always good for India to respect Nepal as a country with an original and unspoiled seat of South Asian culture, thus taking Nepal into confidence without skepticism or fear to its sovereignty.

Nepal denied being subjugated by British Imperialist rule, as all are aware. It fought war , though conventionally, and never allowed having colonial steps marched within its land. This history is largely obliterated by historical amnesia of Nepalese of rulers—including Congress and Communist Parties—if not dishonesty to Nation. I am trying to give a background to the present crisis of ‘Nepal’s Western Border’s invasion by India.’ Let us pensively look into following facts that make us understand that India’s obstinate attempt to taking Nepal’s territory eastward of Kali River is morally lax action and historically unjustified:

1. Wood Bridge, a British Captain of the 1814-16 Nepal-East India Company (EIC) War (wrongly said Anglo-Nepal War, because this company was not a government, a business entity) writes, in his book "Sketch of Gurkha War," that Kumaon and Garwal were two Western Provinces of Nepal. This proves that the East India Company had committed a crime of aggression against Nepal.

2. In this book, this gentleman also writes that the soldiers of the East India Company were not competent to engage in war with Nepalese soldiers. According to him, the ratio accounted for between Nepalese and EIC soldiers in terms of bravery, warfare and loyalty was 1=100 (one Nepalese soldier was equal to 100 EIC soldiers). Hence, from the very beginning, the Colonial Command was looking for excuses for ending the war and getting an agreement signed in their favor. The Nepalese Army could not get supplies and reinforcement from Kathmandu, thus leading to the collapse of strength. These facts have been also discussed by Chandra B. Khanduri in his book "Rediscovered History of Gurkha"—he was the ex-Gurkha General from Garwal and also Chief Minister of Uttarakhanda, former Nepalese territories.

3. In May 15, 1815, an armistice agreement, historically know as Malaun Convention, was signed in Malaun of Kumaon by David Ochterlony and Amer Singh Thapa, on behalf of EIC and Nepal respectively. This treaty was like British-China treaty of transferring sovereignty of Hong Kong to Britain. It was a dark day for national history and pride, which is completely forgotten by the political elites of Nepal. Nepal began to suffer from this very-day. We are still living under this humiliation imposed by the British colonial regime. This convention, among several other provisions, had two key provisions. (a) Nepalese armies must leave the territory between “Kali (Article 3 of the Convention) in the East and Sutlej in the Westward,” and (b) Nepalese, henceforth, could serve in the Imperial Army of the Queen of Britain. Before Amer Singh signed the convention, Ochterlony implored him to join the British Army. As Khanduri writes, he cried while signing the Convention. But leaders of modern Nepal signed 1950 Treaty of Peace and Friendship and Mahakali Treaty with big smile. They had no ‘shame about it.’ These two treaties deepened our humiliation, under which we are forced to live under as a desperate nation.

4. In 25 Janauray1815, the Secretary of Colonial Government from Bengal wrote to R. Martin, the Magistrate of Gorakhpur, the following:

“I have the honor to acknowledge the receipt of your dispatch, dated Letter from the 6th instant, and submitting for the notice of the Right Honorable the Secretary Governor-General Copies of a correspondence on the subject of granting lands in the Terraie to any hill-porters who may serve in the army under the command of Major-General Wood, during the operations against the State of Nepaul.” This is how they were fighting the war but also engaged in several different forms of conspiracy. They had already made a scheme of snatching Nepal’s plain land also.

5. British had been shocked by death of Major General Gillespie. And, also the incapability of defeating Nepalese forces at Nahun by General Marley. In November 18, 1814, wrote serious concern regarding war, reflecting on the sustainability of the British campaign. They immediately after this started to consider of a pan of entering into a pact.

6. C.T. Metcalfe wrote a letter of John Adam on May 21, 1815 stating that Nepal has wrote a letter to Ranjeet Singh to form a front and fight against British. Amer Shing had approached Singh and discussed unfortunately, he gave Nepal’s letter to British. Nepal’s war was a patriotic war against colonialism. Does this make any sense to present political elites of Nepal? They instead draw the colonial subjugation as a mark of historical relation with British.

7. The treaty was now forced by frontline army in Kumaon. On June 1, 1815, Lord Moria wrote a long letter with report to the Secret Committee of British Government, emphasizing the need of entering a pact with Nepal. In this letter he outlined the following proposals:

The concessions which I shall deem it essential to insist on from the Goorka Government as the conditions of peace are:

1st. Their perpetual exclusion from all connexion with the countries heretofore under their authority west of the Kali.

2d. The cession of all the low lands, from the Kali eastward to the Tcista rendering either the foot or the ridge of the lowest range of hills the common boundary throughout that line.

3d. The formal renunciation of all the claims of the Goorkas which led to the war.

8. J. Adam, Secretary of EIC wrote a letter to General Gardner on 3rd May, 1815, stating doubt about river as a boundary. He wrote: “ To the eastward, the Sarda appears to present a natural limit. Still the important object of securing the trade with Tartary through the Himmalay. Mountains against the interference of the Goorkas might not be attained by fixing that river as the boundary; you are, therefore, requested to satisfy yourself on this point: and should it appear that a frontier 'beyond the Sarda, in the part where it approaches the mountains, w0uld be required for the purpose above-mentioned, the extent of it must be defined, so as that the cession of that tract must be made a stipulation in any negotiation with the Goorka Government.”

9. But they found Kali River as the eastward boundary, and convinced the Bengal Authority in this regard. A sketch of the area was drawn showing the Kali village in Nepal and declaring the Kali River as the eastern border. This border was imposed by British to Nepal, which is the predessor of the Indian border. If it succeeds McMahan’s map on border-line with China, why should not it respect the border fixed by Sugauli Treaty?

10. Sugauli Treaty was another humiliation. Gajaraj Mishra was secretly helping the British Government. An enclosure attached to Lord Moria’s June 1st letter says, “You are apprized, by my letter of the 19th instant, that ngraj Misser, formerly the Gooroo, or spiritual guide, of the late Rajah, Run Behauder, and much in his confidence, and possessing considerable influence in the administration previously to the confirmed ascendancy of the Thappa, has recently proceeded, by invitation from the Rajah and Beem Sing Thappa, to Catmandoo. Gugraj Misser retired to Benares about the period of the death of Run Behaudur Gugraj Misser for the promotion of their mutual advantage and has subsisted on the profits of a jaggeer from the British Government. During the time of his influence, he was always favourable to thc connexion between the British Government and the State of Nepaul, and was employed in the negotiations conducted both by Major General Kirkpatrick and Lieutenant Colonel Knox. He has recently professed the most earnest desire to be instrumental to the restoration of peace, and a perfect confidence of being able to effect it, and also eventually to accomplish the subversion, or limitation at least, of the power.”

11. The Sugauli Treaty was prepared by this man with British, which placed Kali River as the Western Border of Nepal.

12. On 15th December, 1815, Charles Grant and Thomas Reid from London sanctioned the efforts of Bengal Government to sign the Pact. They agreed to declare the western border at Kali. In paragraph 3 it stated: “Thirdly,the complete repulse of' the enemy in a most gallant attack on our principal post on the heights of Malown, which produced all the results of victory, by terminating in the surrender of Ummer Sing. The fruits of these decisive and important successes against the principal leader and force of the Nepaulese State, combined with the previous reduction of Kamaon, have been, says the Governor General, the entire extinction of the Goorka power throughout the countries formerly in their possession to the westward of the Kali or Gogra river, involving the loss to them of more than a third of their dominions: a result which, in the opinion of Lord Moira, must either produce an early and honourable peace, or enable us to pursue the war with eminent advantage.”

13. In August 2, 1815, Lord Moria presented overall report on war presenting the framework in paragraph 292 of Sugauli Treaty: “This rapid and decisive success convinced the enemy of the hopelessness of further resistance to our troops. Escape from the necessity of surrendering prisoners at discretion, was only to be purchased by Bum Sah, and the garrison of Almora, by conditions relative to other posts, which might make it worth our while to forbear urging our advantages on the spot; and an offer was received from the Goorka Chiefs to surrender all the forts, and wholly evacuate the province, on their being permitted to retire unmolested with the troops, and with their public and private property, across the Kali. “ In Paragrpah 301, the route is prscribed from Kumaon. This is how first approach is Kali River originated from Limpiyadhura.

14. Accordingly Article 5 of the Sugauli Treaty referred to Kali River.

The history is clear now. All maps were later developed based on these documents. Hence, India has to respect the history, and should avoid resorting to any kind of hegemony.