The historical, cultural and traditional relationships between border communities of Nepal and India have been eased by the open border, however both the countries also complain about the problems arising from the unregulated open border. During a seminar on challenges to regional peace and security in South Asia in Kathmandu, Sunil Bahadur Thapa, principal political advisor to the president of Nepal and former minister of industry said terror outfits could use Nepal to launch attacks on India and could potentially use Nepal as a transit point for their nefarious objectives.
Probe begins in U.P. ‘s Pilibhit into ‘bids’ to convert Sikhs to Christianity that around 3,000 Sikhs living in villages near the India-Nepal border have been converted to Christianity through coercion, inducements, and false promises, officials said. The issue, raised by the All-India Sikh-Punjabi Welfare Council when a delegation of it met Pilibhit DM Sanjay Kumar Singh , has sparked concerns about internal security, with local Sikh leaders pointing to foreign agencies allegedly operating through Nepal as potential orchestrators of the conversions.
According to a report by Amar Ujala for Religious Conversion, Chhangur Baba Got ‘Rs 300 Cr From Islamic Nations In 100 Bank Accounts In Nepal. He was arrested in Balrampur, Uttar Pradesh, for his alleged involvement in illegal religious conversions. He is accused of operating a cross-border network that targeted large-scale conversions of Hindu girls.
The Government of India recently announced a new directive allowing citizens of Nepal, Bhutan to enter the country by listing down documents required for the entry, such as: Nepalese/ Bhutanese Passport; or Nepalese/ Bhutanese Citizenship Certificate; or Voter Identification Card issued by the Election Commission of Nepal/ Bhutan; or Limited validity photo-identity certificate issued by Nepalese Mission/ Royal Bhutanese Mission in India when deemed necessary. It further clarified that a Nepal or Bhutan citizen “must be in possession of a Passport” when entering India from a place other than Nepal/ Bhutan. Violating these provisions and entering India without stated documents would be subject to heavy punishment . This was the demand of Nepal for a long time to regulate open borders properly.
A report of the US Department of State, on Terrorism 2021 on Nepal says how dangerous is the open border between Nepal And India, which India does not want to regulate. The report highlights that the open border regime with unregulated movement across the Nepal-India border heightens the risk of international terrorism.
Being a poor, landlocked and highly dependent nation, Nepal’s position has always been fragile and its major national affairs have been severely affected by the open borders. The central government of India also opined that open borders have been more problematic as fake currency, criminal activities, and anti-social elements get shelter in each other’s country, which is going to be a big problem not only to Nepal but also to India In future. However, previously, India was not serious, until recently it realized how to regulate open borders by introducing provision of different documents for Nepali nationals entering India. Now is the perfect time for Nepal to also introduce citizenship, ID cards or passport for Indian citizens to enter Nepal as it is severely suffering from an open border with India.
In this context, the Supreme Court of Nepal has issued an order of mandamus in the name of the government to review the agreements and treaties regarding the management and regulation of the open border between Nepal and India, about Nepal’s sovereignty, geographical integrity, national unity, protection and the welfare of the people, economic prosperity and border security, which are government’s significant constitutional responsibilities. The Supreme Court of Nepal mandamus to make compulsory identity cards for Indians to enter Nepal and keep records of those entering Nepal via land route at the immigration office in the checkpoints under the task of border management could be supportive for the government to implement it. Moreover, it says that the open border has been an immense blight for Nepal as the problems of human trafficking, refugee problems to security, economic dependency, citizenship, employment and anti-social activities through the open border have been challenges to Nepal’s sovereignty and national interest.
Similarly, looking at the Nepal gazette of the year 2009 BS, it is stated that there is a provision that when Indians come to Kathmandu, they should bring their identity cards and Nepalese people should carry passports when they come to Kathmandu from India and when they go to India from there, the mandamus further says. The tiny country of Bhutan, which is strict in allowing free entry of Indians there, has also a treaty of peace and friendship with India similar to India and Nepal. A visa is not required for Indians to visit Bhutan, however, Indian nationals are required to carry a valid Indian passport and voter identity card to enter Bhutan. Moreover, Indians are required to obtain an ‘Entry Permit’ from Bhutan immigration before they enter there.
Some experts on international treaties are surprised how free movement of people is allowed between Nepal and India. However, neither 1950 treaty nor any other agreement between the two countries provides for free movement of nationals on either side. The word ‘ reciprocity’ has been used according to one’s convenience and a party can not be compelled to provide similar privileges to people of another party without mutual agreements.
The Nepal India Eminent Persons Group (EPG) report has also recommended strongly to regulate open borders between two countries and various aspects of the bilateral relations including Nepal-India Friendship Treaty 1950. India is reluctant to receive Nepal India EPGs report, which has furnished many recommendations on outstanding major issues between two countries to be solved by mutual understanding. Similarly, the border and migration report of 1983 prepared by the taskforce led by Dr Harka Gurung made a big hue and cry in some towns of Tarai region of Nepal when he recommended regulation of the India-Nepal open border. Some regional leaders in Tarai opposed the provision of border management recommended by Dr. Gurung, citing it will affect the social, cultural ties between two nations. However, recently India has implemented similar provisions like Dr Gurung’s recommendation on regulation of open borders between Nepal and India, now, certainly it will not be opposed by them.