Onus on India to take the first step

Many foreign policy experts in India are quoted as saying that there is no alternative to dialogue on Kalapani. Those who don’t want to be quoted tell a different story. As Kalapani is strategically important to India, they suggest, Nepal should not ‘politicize’ it. 

In other words, Indian troops are unlikely to leave Kalapani. Says a senior Indian Ministry of External Affairs official, “As Kalapani is a tri-junction, China can use it to monitor our activities across the border. So Kalapani is far more important to us than other disputed areas such as Susta.” New Delhi won’t relent also because it suspects China’s hand in the current anti-India protests in Nepal.

Meanwhile, Nepal says it has ample documentary evidence to prove its ownership of Kalapani. The Oli government is busy working out how best to proceed. Once it makes a decision, Nepal will seek a high-level engagement with India. Nepal will make its case for Kalapani; as will India. There is no other way out of this than through a healthy back and forth. It is also about time this old sore in Nepal-India ties is removed once and for all.

But, heck, it won’t be easy. Arrayed against India’s ‘national security’ will be Nepal’s ‘territorial integrity’. These are not issues that lend themselves to easy compromise. Even if the top leaderships of the two countries are willing, a backlash from other stakeholders back home would be all but certain. Even though the state is also led by the BJP, the government of Uttarakhand where Kalapani has been placed will protest. Back in Nepal, anything short of complete removal of the Indian troops will be seen as a betrayal, and the NCP-led government is in no mood to give the opposition an inch of the ‘nationalist niche’ it successfully carved in the 2017 elections.      

That does not mean Kalapani is unsolvable. As the bigger power and the instigator of the current dispute, the onus is on India to make the first concession, however painful. If it does, India could quickly win back the goodwill of Nepalis, India’s natural religious and cultural brethren. Such a gesture will also make it easier for Nepal to negotiate. Given PM Narendra Modi’s strong hold in India, there is little he cannot do with a bit of clever statesmanship.


The knotty Kalapani mess unlikely to be sorted soon

“Demarcation of two short segments of our boundary with Nepal—Kalapani and Susta—is yet to be completed. Of these, Kalapani is strategically important, since it determines the tri-junction between India, Nepal and China,” said V.P. Haran, a former Indian ambasador to Bhutan and Afghanistan, at a 2017 discussion organized by the Indian Ministry of External Affairs at the Central University of Tamil Nadu.

Haran’s views reflect those of the Indian establishment, which argues that Kalapani is crucial for India from a security point of view and ‘it should not be politicized’. This essentially means India is not ready to withdraw its troops from there.

There are plenty of historical documents that show Kalapani is Nepali territory. As Foreign Minister Pradeep Gyawali says, “We have sufficient evidence that Kalapani is ours. Voting had taken place in Kalapani in the 1959 parliamentary election. The area was included in the national census of 1961. And the Nepal government had collected revenue from the Kalapani area in the same period.”

Yet Kalapani has been a bone of contention between Nepal and India for around six decades due to the presence of the Indian security forces there since (at least) the 1962 Sino-Indian War. Successive Nepali governments—whether royal or democratic—have requested India to remove its security camps from Kalapani, to no avail. It remains a political agenda for Nepali leftist parties; it is also an election agenda for the politicians of the Indian state of Uttarakhand whose map now includes the territory.

Earlier this month, India published a new political map which showed Kalapani as Indian territory, sparking controversy and strong protests in Nepal. Although preparations are underway to hold Secretary-level meeting on the issue, officials from both the sides have told APEX that it can only be resolved at the highest political level—if at all. “Several times in the past, the two sides have realized that the issue should be addressed and dealt with politically, so negotiations at a bureaucratic level cannot yield results,” says a former Indian ambassador, who recently served in Nepal, on condition of anonymity.

He says that although Kalapani and Susta have been political tools in Nepal, no Nepali politician has taken it up seriously with the top Indian leadership in recent times. “There is this tradition of just mentioning this issue in joint statements,” he adds.

Gordian knot

But even such political-level talks are unlikely to easily succeed. In the view of another senior Indian Ministry of External Affairs official who deals with Nepal, “As Kalapani is a tri-junction, China can use it to monitor our activities across the border. So Kalapani is far more important to us than other disputed areas such as Susta.”

Even the ex-envoy acknowledges that “withdrawal of troops from there will have an adverse effect on our national security, so the issue should not be politicized and exaggerated.”

Nepali politicians and officials, however, dismiss such logic, and argue that India cannot occupy Kalapani for the simple reason that it belongs to Nepal.

The Indian security establishment started taking Kalapani even more seriously after the Doklam standoff in 2017, not least because of some troubling noise from China. In August 2017, when the Doklam crisis was at its peak, Wang Weni, Deputy Director General of the boundary and ocean affairs department of the Chinese ministry of foreign affairs, had said, “India has many tri-junctions, what if we use the same excuse [that Indian troops used to enter Doklam, a territory claimed by both Bhutan and China] to enter the Kalapani region between China, India and Nepal…?” Soon after this statement, media reports in New Delhi indicated that India had increased its vigilance in areas around Kalapani.

‘Nepalese encroachment’

Following the protests in Nepal over the 2015 India-China bilateral statement on trading through the tri-junction of Lipulekh in Kalapani, the Indian side had informally floated a proposal before Nepali leaders to resolve the Kalapani issue with land swaps. India has adopted the same formula to settle border disputes with Bangladesh. Nepali leaders, however, rejected the proposal as Kalapani is purely Nepali and not disputed territory.

Kalapani is a political agenda in India as well. The ex-Nepal envoy believes Indian politicians are ready to resolve this issue but there is a public perception in India that Kalapani is Indian territory—even as Nepalis strongly believe India has encroached upon their land. “Given this scenario, finding a solution will be very difficult and time-consuming. It is a highly emotional and sensitive issue that top politicians of the two countries need to tackle prudently,” the former ambassador advises.

This sensitivity has often been reflected on the floor of the Indian parliament. On 26 July 2000, then member of Lok Sabha and current Chief Minister of the state of Uttar Pradesh, Yogi Adityanath, questioned Jaswant Singh, then Indian Minister of External Affairs, about reports of the efforts to resolve the Kalapani issue amicably. Singh replied, “There is a difference in perception between India and Nepal on the boundary alignment in the western sector of the India-Nepal border, where the Kalapani area is located.” Singh said the Indian government was aware that some people might exploit such differences in perception between two friendly neighbors.

On 7 December 2000, some members of India’s Rajya Sabha asked Ajit Kumar Panja, then Minister of State for External Affairs, again about media reports on talks between India, Nepal and China to settle the Kalapani dispute. In response, Panja doubted the veracity of such reports.

Then, on 6 December 2007, border issues were again discussed in the Indian parliament. Pranab Mukherjee, then Minister for External Affairs, pointed the finger at Nepal: “The shifting of course in Susta region of the Gandak River, the mid-stream of which formed the boundary as per Treaty of Sugauli of 1816, has resulted in claims/counterclaims by both sides in this segment. Government is constantly monitoring the situation with a view to prevent encroachments by the Nepalese side.”

Dragon dragged in

Some Indian officials and scholars claim that the issue of Kalapani has been complicated after Nepal tried to bring China into the matter. Says Nihar Nayak, a New Delhi-based expert in Nepal-India relations, “Officially, Nepal brought the issue before India after the signing of the Mahakali treaty in 1996.” India at the time assured Nepal that the issue would be resolved through a joint technical committee, which was formed in 2002. Six years later, the issue was once again discussed between then Indian External Affairs Minister Pranab Mukherjee and his Nepali counterpart Upendra Yadav. “Reportedly, on both occasions, Nepal indirectly hinted that China should be included in the negotiations,” adds Nayak.

But foreign secretary Madhu Raman Acharya says he is unaware of Nepal ever seeking Chinese assistance to resolve the issue. “In fact, China says it is a bilateral issue that must be resolved between Nepal and India,” he told APEX. China has remained silent and Chinese media have largely ignored the recent Kalapani dispute.

“I don’t know why China should be dragged into the matter if the dispute is between Nepal and India,” says Bhaskar Koirala, Director of the Nepal Institute of International and Strategic Studies. “I believe the issue should be resolved by Nepali and Indian experts in a technically sound manner. There is no need to stage demonstrations in front of the Indian embassy. That is a wrong approach.”