Missing Treaty Documents Heighten Nepal-India Border Tensions

In July 2022 Nepal’s foreign ministry announced that it could not locate the original copies of the 1816 Sugauli Treaty—signed after the Anglo-Nepalese War—and the 1950 Treaty of Peace and Friendship that defines the modern boundary with India. The inability to produce the authentic documents has intensified a long-standing dispute over the Kalapani, Limpiyadhura and Lipulekh areas in Nepal’s far west, where both sides invoke different historical maps to claim the river’s source and the line of the border.

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The Sugauli Treaty of 1816 forced Nepal to cede extensive western and eastern territories to the British East India Company, establishing the Kali (Mahakali) River as the frontier. After India’s independence, the 1950 Treaty of Peace and Friendship reaffirmed the boundary while granting India extensive transit and security rights. Over the decades, the precise location of the river’s source has remained contested, and the lack of original treaty texts hampers any definitive legal interpretation.

The Independent

• Nepal’s foreign ministry reports that the government holds 655 treaties and agreements in total, including 412 bilateral accords with neighboring countries.

The Independent

• The National Assembly’s Delegated Legislation and Governance Committee searched archives, libraries, museums and relevant departments but found no original copies of either the Sugauli Treaty or the 1950 Treaty. The committee’s statement was issued on 22 July.

The Independent

Several Nepali lawmakers publicly rebuked the prime minister’s remarks, demanding that he retract the statement that Nepal had encroached Indian land. Their criticism underscores domestic political pressure to adopt a more cautious diplomatic tone while the treaty documents remain missing.

The Independent

The primary gap is the absence of the original treaty texts, forcing both governments to rely on secondary copies and historical interpretations. Nepal’s claim that some archival records exist is not corroborated by the committee’s July 22 findings, which confirmed that neither the Sugauli nor the 1950 treaty originals have been located. Consequently, any legal or diplomatic resolution must proceed without the definitive primary sources.

The Independent

The review process is expected to involve legal experts, historians and diplomatic negotiators, though no specific timetable has been provided. The outcome may shape future negotiations with India over the contested border zones.

The Independent