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 What is Sugauli Treaty ? (The First Successful Take Over of Nepal
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Posted on 08-20-14 9:22 AM     Reply [Subscribe]
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(Map of East India Company before Sugauli Treaty in March 4, 1816)

The border treaty signed between the then government of East India Company and
Nepal on March 4, 1816 is known as the Sugauli Treaty. The result of the treaty was
that Nepal lost almost one-third of its territory on the east, south and west. 

Unequal Treaty: 

Sugauli Treaty is known as an unequal treaty. Because any treaty is meant to give both the
sides more or less equal or equitable benefits even if one side get a little more benefit and
the other a little less. But Nepal suffered only losses because of the treaty while the British
India gained a huge territorial advantage. The British got the facilities of corridor in the
east and in the west, also it got all the facilities and benefits. No provision of facility and
concession was made for Nepal. The territory of Nepal that had been unified and expanded
to Teesta in the east, Kangara Fort in the West and nearly to the confluence of Ganga and
Jamuna in the south, was curbed on all the three sides. So far as the international treaty is
concerned, any treaty should be done on the basis of equality, mutual goodwill and
understanding, but the British forced Nepal into the treaty under compulsion and duress.
Therefore, experts on international treaty view that Nepal may not be forced to recognize
the Sugauli treaty as a sound treaty. 

Sugauli Treaty was not signed willingly by Nepal:

1. The British East India Company prepared the draft of the treaty with the signature of
Lieutenant Colonel Paris Bradshaw on December 2, 1815. It was sent to Nepal with a 15-
day ultimatum for counter-signature and asked to return it to them. Nepal did not like the
terms and conditions of the treaty, so it did not sign within that period. The British then
spread rumour that they were launching attack on the capital, Kathmandu, and even
carried out troop movement to show Nepal that it was serious. When Nepal thought that
the attack on the capital was inevitable, it was forced to accept the treaty.

2.  As it was a treaty imposed on Nepal, the King and high ranking officials did not want to
sign it. But as Nepal was under duress to accept its terms, Chandrashekhar Upadhyaya,
who had accompanied Pandit Gajaraj Mishra to the British camp at Sugauli, put his
signature on March 4, 1816 and gave it to them. 

3. As Nepal had signed the treaty under coercion after 93 days against the 15-day
ultimatum, the treaty came into effect from that day.

Effect of the treaty on Nepal:

 There are both direct and indirect consequences of the treaty on Nepal
 1. Direct consequences: 

i. Before the treaty, the border of Nepal was extended from Teesta in the east to
Kangara Fort in the west. The east-west length of Nepal was 1,415 kilometres and the
total area was 267,575 square kilometers. Similarly, the distance from Teesta to
Sutlej was 1,373 and the area was 204,917 square kilometers.
ii. But the treaty reduced the average east-west length to 885 kilometres and the total
area of Nepal is confined to 147,181 square kilometers between the Mechi and the
Mahakali Rivers.
iii. This way the treaty cut-off the wings on the east and west and receded its area on
the south, losing almost one-third of its total area.
iv. Nepal was forced to give up not only its western front but also the Mechi to Teesta
area on the east, where there was no war. In the treaty, it was mentioned that the
aforesaid territory shall be evacuated by the Gorkha troops within 40 days from this
date.
v. What was more spiteful of the British was that it entered into Titaliya Treaty with
Sikkim on February 10, 1817 (11 months after Sugauli Treaty), and gave the land it
had snatched away from Nepal to Sikkim

Nepal had to bear losses because of its weakness of administration and management:

1. Nepal's biggest weaknesses was its failure to discuss and deliberate in detail the terms
and conditions of the treaty before counter-signing it.
2. Nepal had to loose the hill area of Mechi-Teesta portion, which was out of bound of the
war. It is because of its administrative weaknesses in putting forth its case and argument
to the East India Company, before it was taken away and given to Sikkim.
3. The Rana rulers could not taken initiative on returning the land taken away from Nepal
when India gained independence from Britain in 1947. If the Ranas had asked, the British
might have returned those lands of Greater Nepal in a single word. There was every
possibility of the British rulers in returning Nepal its legacy. One example could be cited
that the British divided a single country and created India and Pakistan, including East
and West Pakistans, which do not have a common border.
4. But the Ranas might have their own interests. That time the Ranas were already facing
difficulties in ruling the country. There were oppositions to their regime. The wave of
India's independence movement had also started blowing towards Nepal. The Ranas
thought when they were facing difficulty in managing the territory of their country they
already had, adding up new areas would further shorten their regime.

5. Even after the Treaty of Peace and Friendship was signed between Nepal and India on
July 31, 1950, the Ranas did not dare to take initiative to restore the areas of Greater
Nepal that was lost to the British. Article 8 of the Treaty has clearly mentioned that "So
far as matters dealt with herein are concerned, the Treaty cancels all previous treaties,
agreements, and engagements entered into on behalf of India between the British
Government and the Government of Nepal." Still Nepalese rulers that time could not
raise voices that Sugauli Treaty was thus annulled and Nepal should get back its lost
territories. 

6. Similarly, Article 8 of a separate treaty signed between Nepal and Britain on October 30,
1950 states that "All treaties, engagements and agreements between the Government of
the United Kingdom and the Government of Nepal concluded prior to 21st December
1923 and the Treaty signed at Kathmandu on that date shall cease to have effect from the
date on which the present Treaty comes into force in so far as their application between
the United Kingdom and Nepal is concerned." Nepalese administrators then could not
show the courage to claim the territories seized from Nepal, with the argument that the
new treaty had annulled the Sugauli Treaty. The 104-year Rana oligarchy must have
come to an end because history had cursed them. Although the Ranas did not want to get
back the lost territories to continue remaining in power, their regime ended on February
18, 1951, after three-and-a-half months of the signing of 1950 Treaty. If they had really
been tried and had succeeded in getting back the lost territory, they would have remained
illustrious in the history of Nepal even if their rule ended. The other side of the coin is
that their regime might have been extended, if they had succeeded in getting back the lost
territories from East India Company.

Remark??

Now, the question is when will Nepal be able to stand on firm legs? The answer would
be: Nepalese will become self-reliant, if there are enough employment opportunities
inside the country, if there is industrial development and if there is maximum utilization
of the natural resources. But the development of industries, development of infrastructure
and production of the necessary goods within the country depend on politics and political
activities. Therefore, political stability is imperative for the development of the country.
If everything within the country is favourable and the Nepalese society becomes fully
self-reliant, we can cremate the Sugauli Treaty by restoring the remaining territory of the
Greater Nepal that was earned by our ancestors. In this context it could be cited an
example: Britain had taken over Hong Kong Kowloon in 1842 under a treaty saying it
would be forever. But it was forced to return back the territory to China after 155 years.
Similarly, Macao, which was captured 400 years ago by Portugal, was returned to China
on December 20, 1999. Now the dialogue is going on for the unification of Taiwan to
China. The dialogue has progressed ahead because of its possibility. This is due to the
fact that China is becoming a prosperous country. It is going to capture most of the goods
and merchandise market of the world. At the same time, it is marching ahead in the
political field as well.




Last edited: 20-Aug-14 09:22 AM

 


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