• Know about the 1950 India Nepal Treaty, relations between Indian Army and Nepal, Bollywood and Nepal.

During the recent violent protests in Ladakh, a Times Now report said two Nepalis were arrested for attacking police. “Police sources added that four Nepalese nationals were injured in the violence, two of them arrested, two others under treatment.” 

What were Nepalis doing in Ladakh? Can Nepalis who under the 1950 Treaty enter India without visas indulge in violence or were they Indian citizens of Nepali origin.

In trying to find these answers, I was guided to read the 1950 India Nepal Friendship Treaty. Before I share provisions of the 1950 Treaty, two areas where India and Nepal are closely linked, besides cultural ties, are Indian Army and Bollywood.

Modern day Nepal was founded in 1768 when King Prithvi Narayan Shah, the King of Gorkha. Source Monarchy was abolished in 2008. To read More   

Indian Army and Nepal

The Army Chief of Nepal is an Honorary General of the Indian Army and reverse. 

The Indian Army has a Gorkha Regiment. Read Need to sustain Gorkha units in Indian Army And First Gorkha Rifles commemorates 200 years of service

The Indian Army pays pension to retired Nepali soldiers. Like in India, it has a contributory healthcare scheme that is called ECHS (Ex-Servicemen Contributory Health Scheme). To know more about how ECHS operates in Nepal Read about scheme in general Here The Indian Embassy Nepal link on scheme can be read Here 

“ECHS caters to the medical care of all NDG ESM pensioners including disabled, family pensioners and their dependents, which includes wife/husband, legitimate children and wholly dependent parents.” Indian Embassy Nepal. 

It runs Polyclinics in Nepal at Kathmandu, Pokhara and Dharan with two more coming up.  If a retired soldier cannot be treated in the polyclinic he goes to an empanelled hospital where it is Cashless. ECHS empanelled hospitals in Nepal list

Hope the Governments of India and Nepal can find a way by which Nepalis continue to join the Indian Army. For Nepalis too, it is better than joining armies of Britain or Russia where cultural differences are huge.

Bollywood and Nepal

The late Dev Anand made Nepal very popular through his movies like Hare Ram Hare Krishna.

Nepali stars in Bollywood include Manisha Koirala, singer Udit Narayan Jha, and actor Sunil Thapa. It started with veteran actress Mala Sinha. Search shows Amrita Acharia though not heard much about her. In the 1970s there was a nice singer Sushma Shrestha, who sadly never hit big time. Father of popular TV actress Bharti Singh, is of Nepalese origin. Well known painter Laxman Shrestha was born in Nepal and studied at Mumbai’s J J School of Arts. The present Prime Minister of Nepal Smt Sushila Karki studied at the BHU, Varanasi. 

In fact, earlier Nepali watchman or cook was a regular in Hindi movies. Today, see many young Nepalis in India successfully selling Mommos.  

It is because of such close relations that a Buddhist Circuit Train from Delhi enters Nepal to go to Lumbini and then returns to India. Read Here

The Ministry of External Affairs site (MEA India) has articles of the treaty, which I reproduce below. To download PDF click HERE.

Article 1

“There shall be everlasting peace and friendship between the Government of India and the Government of Nepal. The two Governments agree mutually to acknowledge and respect the complete sovereignty, territorial integrity and independence of each other.” 1

Article 2

“The two Governments hereby undertake to 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.” 1

The Leftist parties had some reservations about this Article says this report. Others say India did not keep Nepal posted about the 1971 Bangladesh conflict.

Article 3

“In order to establish and maintain the relations referred to in Article 1 the two Governments agree to continue diplomatic relations with each other by means of representatives with such staff as is necessary for the due performance of their functions. The representatives and such of their s'taff as may be agreed upon shall enjoy such diplomatic privileges and immunities as are customarily granted by international law on a reciprocal basis: Provided that in no case shall these be less than those granted to persons of a similar status of any other State having diplomatic relations with either Government.” 1

Citizens of each country can travel to another by crossing the border and do not need a Passport or Visa. In 1984, I entered Nepal via Darjeeling and exited via Raxual. In 1998, I flew into Kathmandu enroute to Kailash.

Article 4

“The two Governments agree to appoint Consuls-General, Consuls, Vice-Consuls and other consular agents, who shall reside in towns, ports and other places in each other's territory as may be agreed to. Consuls-General, Consuls, Vice-Consuls and consular agents shall be provided with exequaturs or other valid authorization of their appointment. Such exequatur or authorization is liable to be withdrawn by the country which issued it, if considered necessary. The reasons for the withdrawal shall be indicated wherever possible. The persons mentioned above shall enjoy on a reciprocal basis all the rights, privileges, exemptions and immunities that are accorded to persons of corresponding status of any other State.” 1

Article 5

“The Government of Nepal shall be free to import, from or through the territory of India, arms, ammunition or warlike material and equipment necessary for the security of Nepal. The procedure for giving effect to this arrangement shall be worked out by the two Governments acting in consultation.” 1

Some believe that Article 2 and 5 infringe on Nepal’s sovereignty restricting Nepal’s right to have an independent foreign policy. 

What we tend to forget is rights granted to Nepali citizens by this treaty are exceptional. I believe our future is closely intertwined.

The word Consultation has caused heartburn. It has come to imply approval.

2 You see Lalita Ghat, Varanasi. “The ghat houses the "Nepali Mandir," a replica of Nepal's Pashupatinath Temple, built by a Nepali King in early 19th century.”  

Article 6

“Each Government undertakes, in token of the neighbourly friendship between India and Nepal, to give to the nationals of the other, in its territory, national treatment with regard to participation in industrial and economic development of such territory and to the grant of concessions and contracts relating to such development.” 1

Since India has a huge population, Nepalis get lost in India. The opposite is not true which has a smaller area and population. Thus, this causes heartburn in Nepal. This is the situation for small neighbours and not unique to Nepal.

Most Indians never see Nepalis as different. There is an unspoken of affection. When I visited Kailash in Tibet, got along famously with the Nepalese who worked in our Kathmandu hotel.

During a visit to Rameshwaram Temple in 2016, I met a Nepali family who had come for pilgrimage.

Article 7

“The Governments of India and Nepal agree to grant, on reciprocal basis, to the nationals of one country in the territories o the other the same privileges in the matter of residence, ownership of property, participation in trade and commerce, movement and other privileges of a similar nature.” 1

This means that Nepalis can settle and work in India. We find Nepalis in all parts of India including in Manipur. A lot of them settled in and around Darjeeling.

Article 8 - “So far as matters dealt with herein are concerned, this Treat: cancels all previous Treaties, agreements, and engagements entered into on behalf of India between the British Government and the Government of Nepal.” 1 Article 9 – “This Treaty shall come into force from the date of signature by both Governments.” 1 Article 10 - This Treaty shall remain in force until it is terminated by either party by giving one year's notice. 1

Real Life Story of Nepali Girl now married in India

She went to boarding school in Tamil Nadu. Then joined the National Law School, Bengaluru. Got a job with a big law firm in India. Married an Indian Hindu. Retains her Nepali passport.

She told me that she had no issues during her stay in India except that because she is not an Indian citizen she is not allowed to become a member of the Bar and practice in Indian courts. According to legallyindia.com, “Under the Advocates Act 1961, only Indian citizens can be advocates.” I guess, she has to choose between changing her citizenship and desire to become a member of the Bar. 

This rule on purchase of property causes her some heartburn. According to a Reserve Bank of India circular updated in 2023, “Citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, Bhutan, Macau, Hong Kong or Democratic People’s Republic of Korea (DPRK), irrespective of their residential status, cannot, without prior permission of the Reserve Bank, acquire or transfer immovable property in India, other than on lease, not exceeding five years. This prohibition is not applicable to an OCI.” Some clarity on whether Nepali spouses who retain their Nepali citizenship are eligible to become an OCI would help. When the lady above approached the OCI authorities, she was told you are Nepali so cannot be an OCI.

Speaking for myself and many friends, we Love Nepal.  

References

1. Ministry of External Affairs site

Also read

1. Pashupatinath Temple

2. Maithil Women Artists of Nepal

3. Trekking Tales from Annapurna Base Camp

4. Everest Climb album

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