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Nepal-India Open Border: A Rationale of Regulation

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Deterritorialised Identity and Transborder Movement in South Asia
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Abstract

The chapter attempts to address the research questions: How has an open border between Nepal and India been beneficial to the people of the two countries? What are the challenges and issues posed by a practice of an open border in terms of national security? The objectives include an analysis on interconnectedness of people beyond the geographical territory and the exploration of outstanding issues created by an open border following security threats. The statements made by the experts and leaders having a substantive knowledge on open border will be used as the primary source of information along with unstructured interviews of purposively selected respondent. Talking on the geostrategic location, Nepal is surrounded by India to the West, East and the South except the North. The chapter argues that a practice of an open border between the countries has been remaining since the time immemorial. People from two countries take benefit from an open border in terms of employment opportunities and free mobility without any legal restrictions. Sociocultural integration between the people of two countries seems in intact right from the beginning. Despite the fact, the illegal factors such as smugglers, terrorists and criminals have been posing challenges to the open border taking benefits of the natural openness of the border. The trafficking in girls and women, the mobility of fake Indian currency and explosive substances have challenged to the existing security system. The infiltration of illegal elements is really detrimental to the national security and integrity of the country. In the age of globalisation, the borders cannot be sealed off but can be regulated through mutual and shared liabilities to inject fresh momentum on natural flow and inflow of people from one country to another practically.

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Notes

  1. 1.

    Vidya Bir Singh Kansakar. 2001. ‘Nepal-India Open Border: Nature, Pattern and Social Implications,’ in Ramakant and BC Upreti (eds.) India and Nepal: Aspects of Interdependent Relations. p. 4, New Delhi: Kalinga Publications.

  2. 2.

    World without borders makes economic sense, The Guardian, 2011 (Accessed on 10 February 2018).

  3. 3.

    United Nations. (1948). Universal Declarations of Human Rights. p. 28, New York: UN House.

  4. 4.

    The Borderless World: Power and Strategy in the Inter-linked Economy-Management Lessons in the New Logic of Global Economy. Hong Kong: Collins Business.

  5. 5.

    A Coals. 2007. Empire. p. 62, Cambridge: Polity Press.

  6. 6.

    Chandra Kukathas. 2012. ‘Why Open Borders?’ p. 652, ETHICAL PERSPECTIVES 19, no.4 (2012):649–675, KU Leuven: Center for Ethics.

  7. 7.

    The chapter is based on the content analysis of the sources available on a theme. It includes the collection and analysis of the secondary sources of information. Sources of a study include the books and reports published. The articles published in national and international journals have been used. The authentic publications made by the institutions relating to the governments, commissions and offices have been used. Articles, writings and descriptions available on the Internet sources have been also used. The provisions added to the treaties and declarations have been well used to corroborate the context.

  8. 8.

    Naya Muluk was annexed into British India after the Anglo-Nepal war in 1815. It was later returned the Raja of Nepal in 1860 in the recognition of military cooperation of Nepal to quell the military revolt of Lucknow in 1857. See C.U. Aitchison. 1983. A Collection of Treaties, Engagements and Sanads relating to India and Neighbouring Countries, Vol. 14, pp. 63–72. Delhi: Mittal Publications.

  9. 9.

    ‘Speech of the Indian Prime Minister Jawaharlal Nehru in Parliament on the International Situation and the Policy of the Government of India in relation thereto, New Delhi, 6 December 1950,’ in Avtar Singh Bhasin (ed.), Nepal-India Relations Documents 1947 – June 2005. (2005). New Delhi: Geetika Publishers.

  10. 10.

    Ram Prasad Rajbahak. 1992. Nepal-India Open Border: A Bond of Shared Aspiration. p. 30, New Delhi: Lancer Publishers.

  11. 11.

    ‘Memorandum of Agreement on Recruitment of Gorkha Troops, 7 November 1947,’ in S.D. Muni, Nepal and India: A Changing Relationship. 1992, pp. 180–182, New Delhi: Konark Publishers.

  12. 12.

    Accessed from https://www.quora.com/How-many-Nepali-people-work-in-India-How-many-Indians-work-in-Nepal on 11 February 2018

  13. 13.

    An interview with Chinku Pasi remaining in Kapilbastu District as an agricultural worker in the farms. He has come to the district from Basti, India. I interviewed with him on 15 February 2018.

  14. 14.

    An interview administered on 15 February 2018 with Kamal Joshi who is a local sugarcane grower residing in Bhurigaun, Bardiya, Nepal.

  15. 15.

    Thalweg means the principle of defining a border between two states separated by a watercourse as lying along the Thalweg.

  16. 16.

    Kishan Sharma. 2068BS{2011 AD}. Nepal Rastriyata: Chunauti ra Rakshako Sawal{Nepal’s Nationality: Challenges and the Issue of Protection}. p. 54, Kathmandu: Swonam Sathiharu.

  17. 17.

    Buddhi Narayan Shrestha. ‘Nepal-India Open Border: Challenges to Peace and Security,’ a paper presented at a national seminar organised by Institute of Foreign Affairs and funded by Fried Rich Ebert Stiftung, 7 July 2017 Kathmandu. p. 5.

  18. 18.

    ULFA and KLO Making Base in Indo-Nepal Border, 29 November 2004, at http://news.indiainfo.com/20o4/11/29/2911 ulfa.html (Accessed 16 October 2017).

  19. 19.

    ‘The Kathmandu Nexus,’ India Today. 12 June 2000, New Delhi.

  20. 20.

    Nepal’s troubled Tarai Region, Asia Report No. 36, International Crisis Group, 9 July 2007, p. 24.

  21. 21.

    ‘1900 Madrasas are mushrooming along Indo-Nepal Border: SSB Chief,’ at http://www.india.defence.com/reports- 1600 (Accessed 20 September 2017).

  22. 22.

    ‘The Kathmandu Nexus,’ India Today, 12 June 2000, New Delhi.

  23. 23.

    ISI Activities on Indo-Nepal Border, Press Release, Ministry of Home Affairs, February 18, 2003, at http://pib/nic.in/archives/ireleng/lyr2003/rfeb2003/18022003/r1802200314.html (Accessed 7 August 2017).

  24. 24.

    Ministry of Home Affairs, Government of India 2001. ‘Border Management,’ Reports of the Group of Ministers on National Security. pp. 60–61, New Delhi: Ministry of Home Affairs, Government of India.

  25. 25.

    ‘South Asia Overview,’ Patterns of Global Terrorism 2003, p. 14 at http://www.state.gov/s/crt/rls/2003/c1253htm (Accessed 25 June 2017).

  26. 26.

    Directorate of Revenue Intelligence, Ministry of Finance, Annual Report 2005–2006, Government of India, pp. 30–31, at http://www.dri.nic.in/DRI/ANNUal. Annual_Report_2005–06.pdf. (Accessed 10 September 2017).

  27. 27.

    See Ministry of Home Affairs, Annual Reports of 2002, 2003, 2004, 2005, 2006.

  28. 28.

    ‘Uranium seized along Indo-Nepal Border, six arrested,’ Indo-Asian New Service, Patna, 19 February 2008.

  29. 29.

    ‘Trafficking of Girls Go Unabated,’ The Times of India, Patna, 19 October 2002.

  30. 30.

    ‘Eyes Wide Open for Flesh Trade,’ The Hindustan Times, New Delhi, 20 February 2008.

  31. 31.

    Lopita Nath. 2006. ‘Migration, Insecurity and Identity: The Nepali Dairymen in India’s northeast,’ Asian Ethnicity. 7(2), 2006, p. 144.

  32. 32.

    ‘Closing of Indo-Nepal Border,’ Lok Sabha Debates, at http://meaindia.nic.in/parliament/1s/2000/03/questn2083.htm (Accessed 13 October 2017).

  33. 33.

    N.N. Jha. 1995. ‘Minorities Immigrate Refugee Issues in the Context of India-Nepal Relations,’ in Kalam Bahadur and Mahendra P. Lama (eds.), New Perspectives on India-Nepal Relations. p. 7, New Delhi: Har Anad Publications.

  34. 34.

    The then His Majesty the Government of Nepal passed an order making the possession of a citizenship certificate mandatory to the teachers of Indian origin working in Nepal. Many Indian teachers did not possess the citizenship certificates and were affected by the order. The restrictions were imposed upon foreigners including Indians on buying immovable properties in 1958. A system of work permits was introduced on Indians wishing to work in Nepal in 1987. However, it was not implemented by the Nepali Government. See S.D. Muni. 1992. India and Nepal: A Changing Relationship. p. 49, New Delhi: Konark Publishers.

  35. 35.

    The commission was outspoken on the regulation of Nepal-India open border being sincere on the issue of immigration. See National Population Commission 1983. Internal and International Migration in Nepal: Summary and Recommendations. p. 58, Kathmandu: The National Commission on Population.

  36. 36.

    ‘Bihar Village up in arms against Nepali Maoist,’ CNN-IBN, New Delhi, 23 January 2008.

  37. 37.

    ‘Extradition Treaty with Nepal,’ Lok Sabha Debate. 3 March 2005, at http://mea.gov.in/parliament/is/2005/03/021s3.htm. (Accessed 19 September 2017).

  38. 38.

    ‘Closing Indo-Nepal Border,’ Lok Sabha Debates, at http://meaindia.nic.in/parliament/1s/2000/03/questn2083.htm (Accessed 21 September 2017).

  39. 39.

    Vidya Bir Singh Kansakar. 2001. Nepal-India Open Border: Prospects, Problems and Challenges, at http://www.nepaldemocracy.org/documents/treaties_agreements/nep_india_open_border.htm (Accessed 12 October 2017).

  40. 40.

    Joint Press Statement, at http/mea.gov.in/parliament/rs/2000/08/august17q2695.htm (Accessed 12 October 2017).

  41. 41.

    Kishan Sharma (ed,). 2011. ‘Kati Michyo baisathhi warsama Bharatle Nepali Bhumi?{How much India has encroached Nepali territory during 62 years?},’ Nepalko Rastriyata: Chunauti and rakshako sawal{Nepal’s Nationality: A Challenge and the Issue of Safeguarding}. p. 55, Kathmandu: Swonam ra sathiharu.

  42. 42.

    123rd Report on Sashastra Seema Bal Bill 2006, at http://rajyasabha.nic.in/book2/reports/home_aff/123rdreport.htm (Accessed 10 October 2017).

  43. 43.

    Ministry of Home Affairs, Annual Report 2006–2007, Government of India, 2007, p. 27.

  44. 44.

    Buddhi Narayan Shrestha, Guarding Indo-Nepal Border, 28 October 2006, at http://bordernepal.wordpress.com/tag/uncategorized/page/2 (Accessed 8 October 2017).

  45. 45.

    123 rd Report on Sashastra Seema Bal Bill 2006, at http://rajyasabha.nic.in/book2/reports/home_aff/123rdreport.htm (Accessed 10 October 2017).

    Ministry of Home Affairs, Annual Report 2006–2007, Government of India, 2007, p. 27.

  46. 46.

    Ministry of Home Affairs, Annual Report 2002–2003, Government of India, 2003.

  47. 47.

    ‘SSB creating law and order problem: IG,’ The Times of India, 9 September 2002.

  48. 48.

    C. Raja Mohan, ‘No entry on an open border,’ The Hindu, New Delhi, 24 December 2003.

  49. 49.

    ‘Protocol to Article VI of Treaty of Transit between the Government of India and His Majesty’s Government of Nepal,’ 6 December 1991, in Avtar Singh Bhasin (ed.), Nepal-India Relations, Documents 1947 to June 2005, Vol. 3, 2005, p. 2553, New Delhi: Geetika Publishers.

  50. 50.

    Center Grants Rs. 700 crore to Curb Moist Menace, at http://www.dna.india.com. (Accessed 9 October 2017).

  51. 51.

    First Meeting of Project Steering Committee for the Development of Integrated Check-Posts at Indo-Nepal Border, Press Release, Government of India, 23 July 2007, at http://www.south-asia.com/embassy-india/press_release_2007/259press -release.htm (Accessed 20 October 2017).

  52. 52.

    Development of Integrated Check-Posts at the International Borders, at http://www.mha.nic.in/pdfs (Accessed 11 October 2017).

  53. 53.

    ‘New Rail Line between India-Nepal and Bhutan,’ Loksabha Debates, 7 March 2007, at http://meaindia.nic.in/parliament (Accessed 25 September 2017).

  54. 54.

    Shyam Saran, ‘Connectivity as India’s Neighborhood Policy’ a speech delivered at India Council of World Affairs, 6 September 2006.

  55. 55.

    ‘Involvement of People in Border Management is Must: SSB Chief,’ Times of India, New Delhi, 30 March 2003.

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Upendra Bahadur, B.K. (2019). Nepal-India Open Border: A Rationale of Regulation. In: Uddin, N., Chowdhory, N. (eds) Deterritorialised Identity and Transborder Movement in South Asia. Springer, Singapore. https://doi.org/10.1007/978-981-13-2778-0_8

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