Nepal Searches for 1816 Treaty Document

Nepal's government has acknowledged that it cannot currently verify the whereabouts or authenticity of the original Treaty of Sugauli, the 1816 agreement that laid the foundation for the country's western boundary with British India.

Foreign Minister Shishir Khanal told Nepal's House of Representatives that government records show that treaty-related documents exist in the country's archives, but officials have not been able to establish whether any of them is the original signed document.

The admission has drawn attention because the treaty remains central to Nepal's territorial argument over Lipulekh, Kalapani and Limpiyadhura, areas that India also claims.

Why the Sugauli Treaty Matters

The agreement followed the Anglo-Nepalese War of 1814-16 and was signed in 1815 before being ratified the following year. It established the broad territorial framework between Nepal and the then British-controlled territories of the East India Company.

A key provision identified the Kali River as Nepal's western boundary. The dispute today largely revolves around a question that has remained unresolved: where exactly does the Kali River begin?

Nepal considers the river's source to be at Limpiyadhura. Based on that interpretation, Kathmandu argues that Limpiyadhura, Kalapani and Lipulekh fall within Nepalese territory.

India disputes this interpretation and maintains its claim over the region, pointing to historical administrative records and its understanding of the river's source.

The Original Document Has Been Difficult To Find

The uncertainty over the treaty is not new.

Nepal began searching for original treaty documents years ago, particularly after discussions began in 2016 on whether the 1950 India-Nepal Treaty of Peace and Friendship should be reviewed or replaced.

A subsequent parliamentary investigation examined a range of possible repositories, including archives, libraries, museums and government departments. The inquiry ultimately found that the original copies of both the 1816 Sugauli Treaty and the 1950 India-Nepal treaty could not be located in Nepal.

Kathmandu does possess copies and related historical material, but officials have acknowledged that the authenticity of the documents has not been conclusively established.

Why Lipulekh Is Back In Focus

The issue has resurfaced at a particularly sensitive moment in India-Nepal relations.

India and China have agreed to resume trade through Lipulekh Pass, prompting renewed objections from Kathmandu. Nepal maintains that Lipulekh, along with Kalapani and Limpiyadhura, forms part of its territory.

India's position differs sharply.

The disagreement has periodically strained relations between the two neighbours, despite their traditionally close social, economic and cultural links.

India has said that outstanding bilateral matters should be addressed through established diplomatic mechanisms.

The 2020 Border Map Controversy

The territorial dispute became especially contentious in 2020.

India's decision to open a road towards Lipulekh triggered protests from Kathmandu. The then Nepalese government led by KP Sharma Oli subsequently released a revised political map that included Kalapani, Lipulekh and Limpiyadhura within Nepal's borders.

Nepal's Parliament later approved a constitutional amendment incorporating the revised map.

India rejected the move, arguing that Nepal's expanded territorial claims were not supported by historical evidence.

Does A Missing Original Weaken Nepal's Claim?

Not necessarily.

The absence of an original document does not automatically settle a territorial dispute in India's favour or invalidate Nepal's position. Historical boundary questions can involve multiple sources, including authenticated copies, maps, administrative records, correspondence and subsequent state practice.

In the present dispute, the central disagreement is not simply about whether the treaty existed. Both countries recognise the historical importance of the Sugauli settlement.

The more difficult question concerns how its reference to the Kali River should be interpreted geographically.

That makes historical maps and other archival material particularly important.

A Dispute That Goes Beyond One Missing Paper

The Sugauli Treaty is more than a 210-year-old historical document. Its interpretation continues to influence the way Nepal and India understand their border in the western Himalayas.

For Nepal, the agreement forms an important foundation for its claim over the disputed territories. India, meanwhile, relies on its own interpretation of historical records, maps and longstanding administrative control.

The revelation that Nepal cannot confirm the location of the original treaty therefore adds an unusual archival dimension to an already complicated territorial dispute.

For now, the missing original does not resolve the question of who owns Lipulekh, Kalapani or Limpiyadhura. Instead, it highlights just how much the modern border dispute still depends on documents and interpretations dating back more than two centuries.