18/10/2024, 20:49 India and Nepal’s Kalapani border dispute: An explainer
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India and Nepal’s
Kalapani border
dispute: An explainer
AUTHOR : SOHINI NAYAK
Issue Briefs Published on May 24, 2023 PDF Download
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18/10/2024, 20:49 India and Nepal’s Kalapani border dispute: An explainer
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Attribution:
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Sohini Nayak, “India and Nepal’s Kalapani Border
Dispute: An Explainer,” ORF Issue Brief No. 356,
April 2020, Observer Research Foundation.
India and
Nepal’s
Kalapani
border
dispute: An
explainer
Neighbours India and
Nepal, who share an open
border, have not always had
the most amicable of
relations, oscillating from
one extreme to the other.
One of their long-standing
disputes is over the border
area of Kalapani. This
discord has the potential to
disrupt the other aspects of
their ties, especially in the
domains of the economy
and cross-border security.
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Further, if the two countries
fail to arrive at a resolution
to the disagreement, it
might give other
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stakeholders such as China
RESEARCH
an opportunity
CENTRES
to interfere.
This brief explains the
FORUMS Kalapani
EVENTSissue and in that
context, explores what can
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be expected of the bilateral
relationship in the future.
Introduction
In November 2019, the Home Ministry of
India released a new edition of the Indian
political map, showing Jammu and
Kashmir along with Ladakh as the new
union territories of India.[1]This followed
the events of August 2019, when the Indian
government abrogated Articles 370 and
35A of the Indian Constitution which had
given a special status to the State of
Jammu and Kashmir; the government
bifurcated the state, consequently requiring
the immediate release of a new map.[2]
The same map also showed the disputed
‘Kalapani’ region in the Greater Himalayas
as within India’s borders.[3] The map
portrayed the area as part of the
Pithoragarh district in the state of
Uttarakhand. Nepal immediately issued an
objection to the map, as it identifies the
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region as an unsettled territory of the
Darchula district in the country’s
Sudurpashchim province.[4] In November
2019 the Ministry of External Affairs, Nepal,
under the leadership of Foreign
ORF हिन्दी Minister
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Pradeep Kumar Gyawali also issued a
RESEARCH
statement forCENTRES
the media stating that, “The
Nepal government is committed to
FORUMS EVENTS
protecting the country’s external borders
and it is determined on its principled
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position that such border disputes with the
neighboring countries should be resolved
through diplomatic channels after
assessing the historical documents, facts,
and evidence.”[5]
In response, India has maintained that the
map is “accurate”.[6] The new map—and
the consequent objection from Nepal—
brought forth the unresolved border
disputes between the two countries. These
disagreements involve not only Kalapani
but also areas like Lipulekh, Limpiyadhura,
and Susta.
Map 1: Depicting the Pithoragarh disctrict
and Kalapani border
Source: Press Information Bureau, Government
of India, 2 November 2019
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This brief analyses the dispute over
Kalapani and explores the reasons why
India and Nepal have failed to arrive at a
resolution since the Treaty of Peace and
Friendship, concluded in ORF
1950.
हिन्दी It also
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outlines future scenarios in the India-Nepal
RESEARCH CENTRES
border, and offers recommendations for
both countries to avoid any escalation of
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conflict.
ABOUT
Indeed,USthe Kalapani area is of strategic
significance in South Asian diplomacy as it
serves as a tri-junction between India,
China and Nepal. Given that Nepal is a
“buffer state” between the other two
countries—both with great-power
aspirations in the region—the Kalapani
dispute has important ramifications on the
relations between the three.
Key to the disagreement over Kalapani is
the origin of River Kali. There are varied
views regarding this river and its source.
Buddhi Narayan Shrestha, former Director
General of Nepal’s Land Survey
department, had categorised the debaters
into two broad groups. First, he said, are
the scholars and researchers, along with
the government machinery—to which he
referred to as the “elite community” of
Nepal. They are of the view that the river
which flows to the west of Kalapani is the
main River Kali, originating at either
Limpiyadhura or the nearby Lipulekh pass,
which are both within the Nepalese
territory, thus justifying the area as an
inherent part of Nepal. The second group
comprises the Nepal-India Technical Level
Joint Boundary Working Group, and
officials of the Embassy of India in Nepal.
[7] India, for its part, argues that the River
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Kali originated from a smaller rivulet
named Pankhagad, lying on the southern
portion of Kalapani and the subsequent
ridge on the eastern part of this area is the
true border, and thereforeORF
making
हिन्दी the
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territory part of India.[8] Indeed, the River
RESEARCH
Kali has yet toCENTRES
be demarcated. Moreover,
while it is known as ‘Kali’ at the upper
FORUMS EVENTS
reaches, the middle portion is called
‘Mahakali’ and the lower, ‘Sarjoo’ or ‘Gogra’;
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this aggravates the confusion about where
it belongs.[9]
Most maps drawn by Nepal show the River
Kali originating about 16 kilometers
northwest of Kalapani at Limpiyadhura in
the Zanskar range of the Himalayas. A map
drawn in 1827 has been often regarded as
“authentic”, as mentioned by Shrestha, as it
carries the note, “Published According to
Act of Parliament by James Horst Surgh,
Hydrographer to the East India Company
1st Feb.1827.” Another map, first released in
1830 and updated in 1846, titled, “Western
Provinces of Hindoostan”, demarcated the
river[10] from Limpiyadhura.[a]. Most maps
created during the periods 1846-1860 and
1860 -1880 have maintained the original
geographical position of River Kali and
Kalapani. The difference with the latter
phase is the name of the river: Kali was
then being called ‘Kuti’, and later, ‘Kuti
Yangti’.
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Map 2: Map depicting the Lipulekh Pass along
with Kalapani,
https://www.change.org/p/kalapani-belong-to-
nepal-situate-as-part-of-vyasa-valley-of-
darchula-district-of-western-mahakali-not-of-
india
Nonetheless, most of these maps have
been created by Nepal, and therefore
viewed by India with skepticism. Maps after
1880 started mentioning a separate River
Kali originating from the Lipulekh Pass,
apart from the Kuti; Nepal lost some 310
square kilometers of land in the process,
and it did indeed call out the “cartographic
aggression”.[11]
The debates took life in the 1990s after
Nepal restored its democracy. Much earlier,
India had deployed security forces in this
region during the Indo-China war of 1962.
Kalapani was regarded as a ‘safe zone’ for
Indian troops to be stationed, as its high
altitude of 20, 276 feet was “effective
defence against the Chinese.”.[12] At that
time, too, China recognised Kalapani as
India’s. Nepal, however, had conducted
elections in the area in 1959 and collected
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land revenue from its residents, until 1961.
[13]
Successive governments of India and
Nepal have had repeated discussions on
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Kalapani. In the new millennium, the
interaction between
RESEARCH CENTRESPrime Minister G.P
Koirala of Nepal and India’s Prime Minister
Atal Bihari Bajpayee
FORUMS EVENTS is noteworthy. In July
2000, PM Koirala visited India and
ABOUT US cooperation with his
discussed
counterpart. Both sides agreed to conduct
field survey to affirm the demarcation of
Kalapani, and set a target of completion for
2002. The then Joint Boundary Committee
had also agreed to provide reports with
newly created strip maps. Even as the
External Affairs Ministry of India rejected
proposals to withdraw the country’s troops
from the region, a steadfast policy was
undertaken to resolve the chapter. [14]
The Paradox of India and Nepal’s
‘Open Border’
India and Nepal have shared a
multidimensional and cordial relationship
over many decades. Since the launch of
formal diplomatic relations between the
two countries on 17 June 1947, India and
Nepal have worked to maintain their mutual
commitment to peaceful co-existence[15]
as immediate neighbours. However, the
1880-kilometre border running along West
Bengal, Uttar Pradesh, Bihar and Sikkim[16]
has not been without disputes.
It was after the Peace and Friendship
Treaty of 1950 was signed by India and
Nepal that the two countries encouraged a
well-identified and formally accepted “open
border” between them. An “open border”
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means that there is free and unrestricted
movement of people from either side.
Despite the presence of border checkposts
and the deployment of border security
forces, movement acrossORF the physical
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demarcation is relatively easy, leading to
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better social and trade connectivity
between the two countries.[17] For both
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India and Nepal, this open nature of the
border has often been described as a
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“springboard of opportunities” with natural
common interests.[18] For Nepal, this
meant enhanced movement of goods from
India, which is a major transit hub for the
small landlocked country.[19] At the same
time, the country is able to avail of better
opportunities in sectors like health and
education along with the labour market
with hundreds of Nepalese migrating to
India for prospective jobs, thereby remitting
huge amounts from India. [20] Likewise,
India has also been benefiting from
investments in Nepal in sectors such as
roadways and other infrastructure projects,
hydropower projects, tourism and
agriculture through the Bilateral Investment
Promotion and Protection Agreement
(BIPPA), signed in 2011. India also
endorses and benefits from the important
cross-border projects like Jalpaiguri–
Kakarbhitta, Jogbani– Biratnagar,
Jaynagar–Bardibas, Nautanwa–
Bhairahawa and Nepalgunj Road–
Nepalgunj rail links and commitment to
cross-border construction of oil pipeline
between Raxaul and Amlekgunj, between
the Indian Oil Corporation and the Nepal Oil
Corporation, to mention only two. [21]
Historically, India and Nepal were both
parts of the colonised sectors of the British
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East India Company. The Anglo-Nepal war
of 1814 and the subsequent treaty of peace
signed in 1816 resulted in the delimitation
and the delineation of the border between
the two countries. While the Mahakali
ORF हिन्दी River
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formed the western boundary, the Mechi
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River boundaryCENTRES
was formed along the east
with ridges in the Darjeeling hills and
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Sikkim.[22] With this, more than 900 pillars
made of stone were erected along the
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India-Nepal border for better connectivity.
[23]Analysts have observed that the British
had chosen to demarcate their border
using these ad-hoc and unstructured pillars
for a number of reasons: Nepali soldiers
from the hilly terrains could easily be
recruited for the British Army; markets in
Nepal territory could be properly utilised for
British-made goods; and raw materials
from Nepal like timber and firewood could
easily be transported to India. [24]
Around a century later, this “open border”
between India and Nepal still remains.
There are analysts who say that this “open
border” makes the relationship of the two
countries “special”.[25] At the same time,
other analysts are referring to what they
call a “liberal paradox” in relation to “open
borders”. On the one hand, liberal theorists
like Joseph Carens have argued, open
borders bring about a utilitarian
environment, conducive to people living on
both sides of the demarcation.[26]There
would be free mobility and proper
implementation of the readily available
resources or raw materials in the area,
benefitting especially those in close
proximity. On the other hand, the
determination of the extent of such
“openness” is a question that creates a
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dilemma: that an “open border” would bring
about threats to established “liberal
territorial polities and communities” from
non-state entities; these threats include
terrorism, smuggling or trafficking.[27]
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In the case ofCENTRES
RESEARCH Nepal, the open border acts
as a “safety valve” for the country vis-a-vis
income generation
FORUMS EVENTS and employment
promotion from its bigger neighbour, India.
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At the same time, however, the open border
system is criticised for allowing issues like
a wider circulation of fake currency, and the
under-documentation of informal trade
(around one –third that go through the non-
custom checkpoints).[28]
Another issue is that while this specific
Indo-Nepal border does not require the use
of a passport or a visa except for air travel,
there are areas that have been declared as
“restricted” to non-Indians, including Nepali
citizens. A parallel in India’s case is in the
northeastern states like Manipur, Arunachal
Pradesh and Nagaland, where special
permission is required for both the Indians
as well as outsiders.[29] This prevailing
circumstance is undeterred by the
presence of the border security force (BSF),
Special Security Force (SSF) and the
integrated checkposts. In this regard, as
has been surveyed over the years, the
lackadaisical attitude of the security forces
may be detrimental in resolving the existing
disputes in the long run if they do not
adhere to more stringent measures for
people crossing over without proper
documentation. [30]
The “open border” system in this
perspective of the two neighbours has its
roots before 1950.[31] The most recent
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assumption that may be forwarded is the
establishment of four important districts of
Nepal—Banke, Bardiya, Kailali and
Kanchanpur—as the ‘New Territory’ or the
‘Naya Muluk’ from the then
ORFBritish
हिन्दी India in
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1860.[32] On the Indian side, the border
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was with Sanauli, Gorakhpur, Lucknow and
Rupidiha. It is from this point onwards that
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the official identification of the open border
took place between the two neighbours.
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The reinforcement of this aspect was again
found in the Peace and Friendship Treaty
(31st July 1950). Article VII of the Treaty
mentioned the movement of the people
from either side on a ‘reciprocal basis’.[33]
Problems arose in 1989 when India
unilaterally closed 22 border crossing
points and 15 transit points for Nepal. This
border blockade was a blow to what was
then a nascent Indo-Nepal bilateral
relationship. Eventually, two points in the
border were opened up: the Jogbani-
Biratnagar and Raxaul-Birganj.[34] In 2015
a second blockade took place between the
two countries, often referred to as a
humanitarian and economic crisis for the
Himalayan neighbour. The situation was
responsible for further disrupting the
border-centric relationship because it took
place right after the small country was hit
by a devastating earthquake. Moreover, the
event had also come across at a point
when the Indian Prime Minister Narendra
Modi had been emphasising on India’s
stance towards the ‘Neighbourhood First’
policy.
Challenges in Border Administration
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Both India and Nepal have done little to
resolve the bottlenecks along their borders,
including in the Kalapani region which is
the subject of this brief. The Kalapani
border has yet to be properly demarcated,
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especially the so-called ‘no-man’s land’ in
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the area.[b] CENTRES
For example,
FORUMS it was only in November 2019
EVENTS
that a joint team of security personnel from
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the Armed
the Indian Sashastra Seema Bal (SSB)
commenced a campaign for clearance with
regard to the ‘no-man’s land’ in the border
near Sunsari and Morang on the Indian and
Nepali sides, respectively. Following this,
those who were found to have been
encroaching the area—between border
pillar number 185/PP74 (main) to border
pillar number 184 (main)—were evicted. Of
these border pillars, 23 were found to be
missing in the Sunsari district. [35] The
main aim was to make the space well-
defined so that there are no future troubles
for the people who live in those areas and
have the liberty to cross over the open
system at any time.
The Nepal-India Joint Border Inspection
Mechanism of 1981 and the Nepal-India
Joint Border Management Committee,
formed in 1997,[36] are both noteworthy in
the discussion about efforts that have been
made by both countries in the past.
Additionally, in order to make agreements
and bilateral talks on border clearer, the
Nepal-India Joint Technical Level Boundary
Committee (JTBC) was constituted in 1981
(dissolved in 2008).[37] These
organisations mainly worked to bring about
a comprehensive border management
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system along with the re-establishment of
the boundary pillars from the British era
and the periodic inspection of keeping the
boundary intact. Boundary base maps and
strip maps of 1:15000 scale covering
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meters from either side were also created
RESEARCH CENTRES of boundary pillars—
with the construction
which are basically subsidiary or additional
FORUMS EVENTS
pillars in the specific riverine segments.[38]
Despite such efforts to create a rules-
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based order, several segments have
remained prone to disputes.
The Joint Technical committee worked for
around 26 years and completed 97 percent
of the boundary problems which may be
categorised as relatively minor in nature.
The remaining three percent was claimed
to be beyond their capacity to resolve. This
area includes the Kalapani-Limpiyadhura—
the largest encroachment of 370 square
kilometers, Susta of 24 kilometers and
various other spots occupying around 15
kilometers. There are around 71 spots
covering a total of 606 square kilometers.
[39] One of the most important reasons
behind the continuation of such a status is
the unavailability of old maps and
documents for demarcation. There are also
‘cross-occupations’ that require major
identification here. A fitting comment is one
by Bernardo Michael in The Natural
environments and the Shifting Borders of
Nepal by Buddhi Narayan Shrestha: “Even
today, the presence of boundary disputes
between India and Nepal, clearly show that
this project of drawing modern boundaries
will always be an unfinished one, because
human actions can never be fully
constrained by lines drawn on a map.”[40]
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One of the most vital reasons of insecurity
for India is the presence of China, which
shares 1,439 kilometers of border with
Nepal. Nepal and China had also signed a
boundary agreement after much
ORF हिन्दी dispute
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21 March 1960. There were problems
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regarding theCENTRES
Mount Everest, to mention
one, which was finally and formally settled
FORUMS EVENTS
when the then visiting Chinese Prime
Minister Chou En-Lai declared in 1960 that
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“Mount Everest belongs to Nepal.” From
here, the border-related issues between the
northern neighbour and Nepal have been
more stable and peaceful, giving them the
opportunity to nurture relations in other
integral issues like trade and connectivity.
[41] Moreover, Nepal is also an integral part
of the Belt and Road Initiative (BRI) of
China. However, it must not be forgotten
that South Asian diplomacy is far more
complex than it usually appears to be. One
of the main cushions that India has
guaranteed for itself, in this situation, is the
controversial Lipulekh Agreement signed
on 15 May 2015 between Prime Minister
Narendra Modi and Chinese President XI
Jinping. As specified, the Lipulekh corridor
can be used by India as and when required.
“Point 28, in 41 points joint statement,
clearly violates Nepal’s sovereignty as it
was signed without Nepal’s involvement.
That was not only the first time, the two
countries have been mentioning Lipulekh,
the tri-junction between Nepal, India and
China, in their bilateral statement since
1953, neither India nor China, consulted
Nepal before agreeing to open the route
through Lipulekh”. [42]
Map 3: Depicting Limpiyadhura, Kalapani
and Lipulekh
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RESEARCH CENTRES
FORUMS EVENTS
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Source: Budddhi Narayan Shrestha, ‘Authenticity
of Lipulekh border pass’, June 2015.
The Lipulekh Pass is the most flexible and
shortest route to reach Taklakot, a Tibetan
township of China (as shown in Map 2). It
is here that there is the presence of a
strategically important hill with 6,180
meters height on the south of Kalapani[43]
(as shown in Map 3). India’s access to this
corridor will not only make it economically
sound with trading windows with Tibet, but
would also facilitate its security and
observation of the ‘Kalapani’. Nepal is not
unaware of this situation and has since
been calculating its diplomatic steps vis-à-
vis both the regional superpowers.
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Conclusion
India and Nepal must chalk out their
borders in a formal and friendly manner, to
avoid other disputes suchORF
asहिन्दी
the one
ORFover
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the Kalapani area. India should also move
beyond its insecurities
RESEARCH CENTRES related to China.
Although the Nepali Parliament has taken
FORUMS
up the issueEVENTS
seriously, the two
governments should fill the communication
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gap as a matter of urgency.
Both India and Nepal must invest in
negotiating new border management
agreements to take into consideration
recent events. After all, the demands of the
times have changed since the time the
Kalapani border dispute first emerged. In
the process, the people of both countries
should be prioritised.
Endnotes
[a] This map was published by Parbury
Allen & Co in London and was captioned
“constructed from the most recent surveys”
[b] The no-man’s land is a particular area
between two countries, which remains
uninhabited. Nepal and India also has this
space, 16 meters south of the Nepal-India
border pillar number 61/647, where India
has allegedly built a bridge and pitch road
on its side.
[1] Maps of newly formed Union Territories
of Jammu, Kashmir and Ladakh, with the
map of India, Press Information Bureau,
Ministry of Home Affairs, Government of
India, 2 November 2019.
[2] Faizan Mustafa, ‘On dilution, bifurcation
and special status’, The Hindu, 30 August
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18/10/2024, 20:49 India and Nepal’s Kalapani border dispute: An explainer
2019.
[3] ‘India has encroached upon two percent
Nepali territory, says government
spokesperson’, Republica, 7 November
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2019.
RESEARCH CENTRES
[4]Amit Ranjan, “India-Nepal Row over the
Updated Map of India”, ISAS Working Paper,
FORUMS EVENTS
No. 321, Institute of South Asian Studies,
National
ABOUT US University of Singapore, 7
December 2019.
[5]Geeta Mohan, ‘Kalapani an integral part:
Nepal objects inclusion of unresolved
territory as part of India in new maps’, India
Today, 7 November 2019.
[6] Amit Ranjan, Op.cit.
[7] Buddhi Narayan Shrestha, ‘Border
Management of Nepal’, 2003, Bhumichitra
Co. P. Ltd, Kathmandu, Nepal, p. 126
Toya Nath Baral, ‘Border Disputes and Its
Impact on Bilateral Relation: A Case of
Nepal India International Border
Management’,
file:///E:/S%20Nayak/Downloads/26710-
Article%20Text-79858-1-10-
20191214%20(1).pdf p.32
[9] Buddhi Narayan Shrestha, Op.cit. p.124
[10] Ibid., p. 127
[11] Ibid.
[12] Lok Raj Baral, Uddab P. Pyakurel, ‘Nepal
–India Open Borders: Problems and
Prospects’, Vij Books India Pvt Ltd, New
Delhi, 2015, p. 45
[13] Hari Bansh Jha, ‘Addressing the
Kalapani Issue between Nepal and India’,
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Expert Speak, Observer Research
Foundation, New Delhi, 20 December 2019.
[14] Lok Raj Baral, Uddab P. Pyakurel, Op.cit,
p. 45-46
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[15] Nepal-India Relations, Ministry of
RESEARCH CENTRES
Foreign Affairs, Government of Nepal,
Singha Durbar, Kathmandu, Nepal.
FORUMS EVENTS
[16] Subhakanta Behera, “Trans-Border
ABOUT US
Identities (A study on the impact of
Bangladeshi and Nepali migration to India)”,
ICRIER Policy Series, No. 1, ICRIER, May
2011.
[17] Vidya Bir Singh Kansakar, ‘Nepal-India
Open Border: Prospects, Problems and
Challenges’, Tribhuvan University,
Kathmandu, p.6.
[18] Rajeev Kumar, ‘India-Nepal border:
Springboard for Opportunities’,
International Studies, No. 50 (1 & 2),
Jawaharlal Nehru University, Sage
Publications, 2016, p. 167
[19]Andrea Blair Hernandez Forester, “Non
state Actors And The Open Border Policy:
The Border Security Case Study of Nepal
And India”, p. 12, Naval Postgraduate
School, Monterey, California, December
2014
[20] Sohini Nayak, ‘Covid -19 and migrant
labour’, South Asia Weekly, Observer
Research Foundation, New Delhi, India, 14
April 2020.
[21] Rajeev Kumar, Op.cit. p. 176
[22] Vidya Bir Singh Kansakar, Op.cit. p.3
[23] Lok Raj Baral, Uddab P. Pyakurel, Op.cit.
p. 4,
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[24] Ibid., p.6
[25] Ibid., p.7
[26] Joseph H. Carens, ‘Aliens and Citizens:
The Case for Open Borders’, The Review
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Politics, Vol 49, No. 2, Spring 1987,
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Cambridge University Press, for the
University of Notre Dame du lac on behalf
FORUMS EVENTS
of Review of Politica, pp. 251-273.
ABOUT US
[27]Herald Bauder, ‘Perspectives of Open
Border and No Border’, Geography
Compass, Vol. 9, 2015.
[28] Lok Raj Baral, Uddab P. Pyakurel, Op.cit.
p. 19
[29] Lok Raj Baral, Uddab P. Pyakurel, Op.c
it. p. 8
[30] Lok Raj Baral, Uddab P. Pyakurel,
Op.cit.p.27
[31] Buddhi Narayan Shrestha, ‘Border
Management of Nepal’, 2003, pp. 56-57
[32] Ibid., p.76
[33] Ibid., p.74
[34] Ibid.
[35]Pradeep Menyangbo, ‘Nepal and India
join hands to start a drive to clear no-man’s
land in Sunsari and Morang’, The
Kathmandu Post, 24 November 2019.
[36] Buddhi Narayan Shrestha, Op.cit. p. 74
[37] Toya Nath Baral, ‘Border Disputes and
Its Impact on Bilateral Relation: A Case of
Nepal India International Border
Management’,
file:///E:/S%20Nayak/Downloads/26710-
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18/10/2024, 20:49 India and Nepal’s Kalapani border dispute: An explainer
Article%20Text-79858-1-10-
20191214%20(1).pdf
[38] Ibid., p.30
[39] Buddhi N. Shrestha, ‘The Natural
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environments and the Shifting Borders of
RESEARCH CENTRES
Nepal’.
FORUMS EVENTS
[40] Ibid., p.67
[41] Buddhi
ABOUT US Narayan Shrestha, ‘Nepal-China
Border of Demarcation: Token of
Friendship’, 19 January 2007.
[42] Bhim Nath Baral, ‘Nepal-China –India:
Prospects and Challenges of Trilateralism’,
Research Article, Department of Political
Science, Tribhuvan University, Pokhara,
Nepal, p. 16,
file:///E:/S%20Nayak/Downloads/bhim%20nath%20baral%20(1).pdf
[43] Buddhi Narayan Shrestha, ‘Border
Management of Nepal’, 2003, Op.cit. p.128
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