What is Sugauli Treaty ?*

 

Buddhi Narayan Shrestha**

 

1.                  Background:

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. Students of history know it well why and how the treaty took place. But it would be beneficial for others as well to know the historical background of the country. Late King Prithvi Narayan Shah unified the small fiefdoms / principalities and created a big and powerful Nepal. His descendents continued with the unification and expansion of the country. The East India Company government could not bear Nepal spreading out and becoming stronger. So, they resorted to trickery and deceit in the battles of Nalapani, Jaithak and Makawanpur to defeat the Gorkhalis and forced Nepal to counter-sign in the Sugauli Treaty.

 

2.                  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.

 

3.            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.

 

4.            Validity of the treaty:

1.      Article 9 of the treaty says that the treaty shall be approved by the King of Nepal, but there is no record of the treaty being approved by King Girwana Yuddha Bikram Shah.

2.      The British had feared that Nepal might not implement the treaty signed on March 4, 1816 by Chandrashekhar Upadhyaya. Therefore, Governor General David Octerloni, on behalf of the British Government, ratified the treaty the same day and the counterpart treaty was handed over to Upadhyaya.

In this way, the treaty, which was signed by Chandrashekhar Upadhyaya for Nepal and by Parish Bradshaw for the Company Government, was approved only by Governor General Octerloni. As the treaty was not approved by the King of Nepal, there can be question and curiosity on the legality of the treaty.

 

5.      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.

 

Read full Report by Buddhi Narayan Shrestha.

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http://www.geocities.com/sugaulitreaty/nepal