The world congratulated Nepal for her success of implementing new constitution but Nepal’s so called roti-beti closest neighbor sent a cold note and a mild warning. India has unofficially closed all the trade routes and tries to interfere with landlocked Nepal’s sovereignty and internal affairs. According to public International law, it is illegal for one state to impose an economic blockade on another. There are couple of international instruments which argues that land locked countries should be given transit access as international customary law. This is not the first time India blockade to Nepal. Nepal frequently mistreated by the closest neighbor India’s transit warfare.
Nepal had got the nearest transit point through India
since the British regime as per the Friendship
treaty of 1923.Modern
Nepal-India relationship has been guided by Peace and Friendship Treaty 1950
which allowed nationals of both countries to visit each nation without visas or
passport and followed open border policy. National of both countries may work
and pursue occupation in respective countries. This treaty also highlights on
security, trade and transit between Nepal and India. The Trade and Transit treaty was renewed in the year
1960 and 1971.
The trade and transit treaty was bifurcated and separate
transit treaty was signed in year 1978. The new transit treaty recognized the
transit right of landlocked country which was separate and permanent in nature
than bilateral trade. In the year 1989, the transit treaty of 1978 was
unilaterally abrogated by India refusing to sign separate transit treaty.
However, in 1991 Nepal and India continued separate transit treaty with the
major provisions of renewal. In 1999 the transit treaty was signed with the
provision of automatic renewal after every seven years.
However, Nepal has secured 15 transit routes for
traffic in transit though Nepal has exercised only 7 routes presently. And,
also India somehow has shown its liberalism by providing transit facilities
through Radhikapur to Nepal by which Nepal has access to International Trade
with Bangladesh and other countries. Moreover, separate transit treaty from
other bilateral issues is one of the important achievements of Nepal with the
provision of automatic renewal provision in every 7 years as mentioned.