Did Nepal misplace the Sugauli treaty papers, at heart of India border row?

Nepal's Prime Minister Balendra Shah has raised concerns over the border with India, particularly regarding the disputed regions of Lipulekh, Limpiyadhura, and Kalapani. However, the government has admitted it lacks clear information about the whereabouts of the original 1816 Treaty of Sugauli, a key historical document defining Nepal's boundary with British India. During a session of the House of Representatives, Foreign Minister Shisir Khanal stated that while some treaty-related documents are stored in the National Archives, there is no definitive confirmation that these are the original official treaties. This admission adds complexity to ongoing border disputes between Nepal and India. The dispute over the Sugauli Treaty has resurfaced following recent developments involving the reopening of the Lipulekh trade route between India and China. Nepal asserts that Lipulekh, Limpiyadhura, and Kalapani are part of its territory, whereas India maintains that these areas fall within its jurisdiction. The situation intensified when Prime Minister Balendra Shah claimed that Nepal had encountered encroachments by India, including in Lipulekh. In response, he proposed resolving the issue through consultations with historians, surveyors, and territorial experts, suggesting a diplomatic resolution. Additionally, he called upon the United Kingdom to participate, citing its historical influence on regional borders during the colonial period. India has firmly rejected any involvement of third parties in the bilateral dispute, with a spokesperson from the Ministry of External Affairs stating that there is no place for external actors in matters between India and Nepal. According to India, nearly 98% of the shared border has been demarcated, with unresolved issues primarily concerning areas affected by the shifting Gandak River and instances of cross-border occupation or encroachment on neutral ground. India has also dismissed Nepal's claims over Lipulekh, Kalapani, and Limpiyadhura, asserting that such claims lack justification and are not supported by historical evidence. The absence of the original Sugauli Treaty documents has been a recurring issue. In 2016, when the Eminent Persons’ Group on Nepal-India Relations initiated discussions on revising or replacing the 1950 Treaty of Peace and Friendship, Nepal attempted to locate the original treaty but was unsuccessful. As a result, the government provided a duplicate version to the Bhekh Bahadur Thapa-led committee. This led to a parliamentary inquiry, which concluded that neither the original Sugauli Treaty nor the 1950 Treaty of Peace and Friendship could be found within Nepal. The search encompassed various institutions, including libraries, archives, government departments, and cultural sites such as the Narayanhiti Palace Museum. In 2019, former Foreign Minister Pradeep Gyawali noted that while Nepal possessed copies of both treaties, the authenticity of these copies remained uncertain. He emphasized the need for forensic verification to determine whether the copies were indeed original documents. Furthermore, efforts to locate historical records and maps in India and the United Kingdom were underway. These findings underscore the fragility of Nepal's legal basis for its territorial claims, especially given the uncertainty surrounding the original treaty documents. Foreign Minister Shisir Khanal has outlined a broader initiative to review Nepal's existing international agreements, which include 655 treaties and agreements, 412 bilateral and 243 multilateral. Of these, 55 have already been concluded or amended, and the government is planning further actions. This comprehensive approach reflects the growing recognition of the importance of clarifying historical and legal foundations for Nepal's sovereignty and territorial integrity. The current situation highlights the delicate balance between historical legacy and contemporary geopolitical realities, as Nepal seeks to assert its claims amidst evolving regional dynamics.