At a time when the Nepal-India border dispute has intensified following India and China’s agreement to reopen the Lipulekh trade route, Nepal says it cannot locate the original 1816 Sugauli Treaty that established its boundary with British India.

Foreign Minister Shisir Khanal said it remains unclear whether Nepal has an official copy of the treaty signed with Britain.

Responding to a query in the House of Representatives by Nishkal Rai, Khanal said,“The Government of Nepal does not have clear information on whether we possess the official treaty documents. There are records showing that some documents related to certain treaties are kept at the National Archives. But we do not have clear information as to whether those are the actual official treaties.” Nepal, however, has documents related to the 1816 treaty and the 1950 treaties, he said.

The treaty provided the basis for the demarcation of the boundary between Nepal and then British India.

In 2016, when the Eminent Persons’ Group on Nepal-India Relations began discussions on reviewing or replacing the 1950 Treaty of Peace and Friendship, the Nepali side attempted to locate the original document, signed by then Prime Minister Mohan Shumsher and Indian Ambassador to Nepal Chandeshwar Prasad Narayan Singh. It failed to find the original.

The government subsequently provided the Bhekh Bahadur Thapa-led committee with a second copy of the 1950 Treaty of Peace and Friendship.

This prompted a parliamentary inquiry into the whereabouts of the original documents. On July 22, the Delegated Legislation and Governance Committee of the National Assembly concluded that the original copies of both the Sugauli Treaty and the Nepal-India Treaty of Peace and Friendship could not be found in Nepal. The committee said it had conducted a thorough search of all possible locations where historical documents might be preserved, including libraries, archives and repositories, as well as the Department of Archaeology, Narayanhiti Palace Museum, Ministry of Law and Ministry of Foreign Affairs.

The issue had also been raised in the House of Representatives in 2019. Then Foreign Minister Pradeep Gyawali said his ministry possessed copies of both treaties but was uncertain whether they were the originals.

“We have both treaties, but we have to forensically verify whether these copies are originals or not,” Gyawali said. “We are also trying to find historical documents and maps in India and the United Kingdom.”

The Treaty of Sugauli, signed between Nepal and the East India Company in 1815, marked a significant turning point in Nepal’s history. Following Nepal’s defeat in the Anglo-Nepal War, the treaty required the country to cede large parts of its territory. Signed by Parish Bradshaw on behalf of the Company and Raj Guru Gajaraj Mishra on behalf of Nepal, the treaty largely defined Nepal’s territorial boundaries and its relationship with British India.

Similarly, the 1950 Treaty of Peace and Friendship, signed between the then Rana government and the Government of India, established provisions granting Nepalis and Indians reciprocal rights in several areas in each other’s countries. The treaty helped shape the relationship between democratic Nepal and independent India and has long been criticised by some sections of Nepal’s political establishment as “unequal.”

Foreign Minister Khanal has also said that Nepal will review its treaties and agreements with the country’s national interests at the centre. He made the statement on Monday while responding to questions in the House of Representatives.

Khanal said Nepal has a total of 655 treaties and agreements—412 bilateral agreements with neighbouring countries, other friendly nations, regional organisations and other parties, and 243 multilateral agreements.

Of these, 55 treaties and agreements have so far been concluded or amended, he said. The government plans to review, amend and renew the remaining 600 treaties and agreements based on their necessity and relevance, Khanal said.

He added that old and inactive treaties and agreements would be reviewed, amended and renewed in coordination with the respective countries and organisations. Khanal was responding to a question from Nepali Congress lawmaker and Chief Whip Rai during Monday’s House of Representatives meeting.

“It is a fact that, as stated in the report submitted pursuant to Article 53 of the Constitution of Nepal, treaties and agreements will be reviewed, amended, and renewed and brought into implementation based on necessity and relevance, in accordance with decisions of the Government of Nepal,” Khanal said.

He added, “Under the general principles of international treaty law, the review, amendment, or renewal of any bilateral or multilateral treaty or agreement depends on the mutual consent and approval of the concerned state parties or relevant international organisations. This is an established practice under international law and diplomacy.”

For this reason, Khanal said, the government would proceed with the review, amendment and renewal of such treaties and agreements in cooperation with, and with the approval of, the relevant friendly countries or international organisations.