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Kathmandu Thursday February 15, 2001 Falgun 04, 2057.
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Wrong
interpretation
The editorial titled "Monitor the
border" in TKP dated February 12, 2001 has highlighted some of the unwanted
activities frequently happening inside the adjoining borders of the two equal sovereign
countries, Nepal and India. You are judicious enough to point out that the problem
including demographic and cultural aggression against Nepal is created because of the open
border.
There is no legal affidavit or relevancy of
international law to support your contention that the 1950 India-Nepal Treaty of Peace and
Friendship provides for an open border regime or free movement of people across the
territories of the two sovereign countries. Article VII of this Treaty, which has been
misinterpreted, is as follows- "The government of India and Nepal agree to grant, on
reciprocal basis, to the nationals of one country in the territories of the other the same
privileges in the matter residence, ownership of property, participation in trade and
commerce, movement and privileges of a similar nature." Though this clause was
intended to grand privileges and facilities for nationals of both the countries on
reciprocal basis, provisions of this article were made inapplicable immediately through
the Exchange of letters attached to the so called Treaty. So far as the word
"movement" incorporated in this clause is concerned, it in no way has
facilitated an open border regime. Nor does it give even the slightest room to speculate
that the citizens of Nepal and India have right to free movement from each other’s
territory. Besides, when the national of one country goes to the other country his
movement is restricted in accordance with the rules and regulations of the respective
country. To remind the readers, Rahadhani System (a type of visa system) between British
India and sovereign Nepal was introduced during the reign of HM Rana Bahadur Shah.
Dipta Prakash Shah Advocate
(Student of International Law) |
