After the publication of its new political map including Kalapani, Lipulekh, and Limpiyadhura, the government of Nepal has ramped up efforts to start formal talks with India. Nepali Ambassador to India Nilambar Acharya has been instructed to reach out to Indian officials to create an environment for such talks.

Nepal is of the view that a high-level virtual meeting could start even amid the Covid-19 pandemic in order to give a message that dialogue has begun. Such a process, for instance, could be initiated via a phone conversation between the two foreign ministers.

There is also pressure on the Indian government to sit for dialogue. Right now the foreign secretary-level dialogue is the only available bilateral mechanism to take up boundary disputes. Nepal had proposed two dates for foreign secretary-level talks after India came up with a new political map in November. India ignored these requests.

The chances of dialogue between the two countries in the near future appear slim. Retired Indian diplomats who spoke to APEX said there could be no dialogue in the current tense situation.

India has also put forth conditions for talks. The May 20 press statement of India’s Ministry of External Affairs says, “We hope that the Nepalese leadership will create a positive atmosphere for diplomatic dialogue to resolve the outstanding boundary issues.” India, however, has not clarified how such “positive atmosphere” may be created. In a previous statement, India had said that it was ready for talks after the end of the Covid-19 crisis.

Unlike the past

Sooner or later, the two sides will have to sit for talks. Unlike in the past, the Nepali society and political parties are united on the border dispute. “During the time of the Mahakali Treaty in 1996, Nepali polity and society were divided. They were also divided at the time of constitution drafting in 2015. The situation is entirely different now,” says geopolitical analyst Tika Dhakal. This, in his view, has given the Nepali government greater confidence to negotiate. “There should be negotiations at all possible levels. It is time to activate all bilateral mechanisms, including the meeting of foreign secretaries,” he advises. A series of discussions at the bureaucratic level, he adds, can lay the ground for higher-level talks.

Dialogue can take place at various levels. The two foreign secretaries can immediately meet. The Nepal Army (NA) may also have a role given its ‘special relationship’ with the Indian Army. During the 2015-16 blockade, the Nepal Army had played the crucial role of getting its Indian counterpart to successfully lobby with the Indian government to lift the blockade.

Former Brigadier General of Nepal Army Umesh Bhattarai differs. “In 2015, the Indian Army was not involved in the blockade but in Kalapani it is directly involved. So army-level talks is not a viable option this time,” he says. Bhattarai is of the view that the Nepal Army should rather show its presence in the Kalapani area.

Where’s the will?

“We have sufficient proof that these territories belong to Nepal. So why not try to convince the Indian side on the negotiation table?” Bhattarai asks. After the incorporation of the new map in the constitution, it will have the ownership of all parliamentary parties and they will be bound to have a common stand on Kalapani. Sufficient proof and a common stand, Bhattarai reckons, will help Nepal’s cause at the negotiating table.

On the other hand, India is hardening its position. In the past, India had recognized Kalapani as a disputed territory. But after the publication of its new political map in November last year, India claims this is now an entirely Indian territory.

Nepal on the other hand is confident that it will be able to convince India of why the new map had to be published. Reportedly, Prime Minister KP Oli is not in a mood to further provoke India and wants immediate dialogue to defuse the tension.

Boundary disputes are an old problem between the two countries. Experts say this is the perfect time to resolve it, as both the prime ministers have strong mandates. There is strong support in Nepal for Oli government’s efforts to resolve the border issue, and Modi, likewise, is in a position to make hard decisions. But then do they have the political will to settle Kalapani?