Treaty of Peace and Friendship of 1950

TREATY OF PEACE AND FRIENDSHIP OF 1950

India and Nepal signed a Treaty of Friendship and Peace on 31st July 1950. It forms the bedrock of bilateral relationship.

FEATURES OF THE TREATY

The treaty extends mutual peace, friendship and sovereignty to each other while it accepts non-interference in each other’s territory.

As per the treaty, Nepal would consult India whenever they undertake any arms imports from any nation other than India. It also gives Nepal access to weaponry from India.

The treaty lets the nations extend national treatment to each other.

The national treatment clause also extends for industrial and economic development.

Citizens are empowered to the same privileges for property, trade and residence and movement in both countries. That means, a Nepali Citizen can buy property in India while and Indian citizen can do so in Nepal.

An Indian citizen can reside anywhere in Nepal and a Nepali citizen too enjoys the right to residence in India under national treatment.

Another important point of the treaty is open borders. As per this point, Indian citizens can move to Nepal without the need of a visa and vice versa.

As per the treaty, either party can ask for a change in the treaty whenever deemed fit.

CRITICAL ISSUES IN INDO–NEPAL TREATY

The Treaty favours Nepal more than India, but Nepal still has certain issues with it.

Nepal initially complained about the treaty as it was made with Ranas who was not popular at that time.

Certain sections in Nepal also alleged that the way treaty was signed signified that India considered Nepal as a small state and not an equal state.

As it was signed on India’s behalf by someone who was in lesser designation compared to the Prime Minister of Nepal.

Besides, Nepal has always had reservations with Articles 2, 6 and 7 of the treaty.

Article 2 states that both governments should “inform each other of any serious friction or misunderstanding with any neighbouring State likely to cause any breach in the friendly relations subsisting between the two Governments”.

Articles 6 and 7 stipulate India and Nepal will give the same privileges of economic activity, employment, resident and ownership of property to each other’s nationals in their territory.

Many times, Nepali political parties have demanded a change in the treaty.

Whenever Nepal has asked for a change in the treaty, India has accepted the Nepali request, but absence of consensus in Nepal on issues that need revision prevents any meaningful engagement about the issue.

The Nepal-India Eminent Persons’ Group (EPG) is revisiting all bilateral agreements to submit a comprehensive report to both governments on how to reset bilateral relations.

Seven decades later, clamour is now growing louder in Nepal to “revise” the pact to reflect “new changes and realities”. This came nearly seven years after both sides agreed to “review, adjust and update” the Treaty of Peace and Friendship of 1950, during Prime Minister first visit to Nepal in 2014.