Published on 12:00 AM, October 19, 2015

FROM A BYSTANDER

Delhi plays “Big Brother” to Nepal

CRISIS has struck Nepal for the third time this year. First, it was the devastating earthquake in April that cost more than 9,000 lives. Then the violence related to the drafting and promulgation of the country's Constitution that took 45 lives. And now the landlocked Himalayan nation has been locked by the big southern neighbour, India. 

Finally, after bickering for seven years, the Federal Democratic Republic of Nepal promulgated the new "democratic" and "secular" Constitution on September 20, 2015, much to the ire of India. And from September 23, 2015, an unofficial blockade was imposed by India. The question here is why is India peeved?

The new Constitution has divided Nepal into seven provinces as part of a federal state. This is a major source of discontent that has sparked street violence. The Madhesis in Terai, the Tharus in the west and the Janajatis in eastern Nepal are frustrated, as they feel deeply marginalised. 

Madhesis are people of Indian origin, living in Terai, the plain land in the south adjoining Bihar in India. They are culturally different from the hill people and constitute 51 percent of Nepal's 27 million population. Actually, the protests have taken shape of a complex confrontation between the people of the plains and the "hill elites" – the upper caste Hindus, constituting 15 percent of the population - who have traditionally ruled from Kathmandu. 

Nepal is entirely dependent on India for all its essentials, which pass through Nepalgonj, Birgonj, Janakpur and Biratnagar border points. Madhesis angered by the Constitution had blocked the road entering Nepal from India. India too has apparently asked its officials at the crossings not to allow vehicles to enter Nepal.

While the constitution drafting process was going on, India had repeatedly asked Nepali leaders to address the grievances of the Madhesi people. Delhi also asked Kathmandu to go slow on promulgating the charter, as there was widespread anger against certain provisions of the Constitution. But Nepalese Prime Minister Sushil Koirala went through a motion of consultations with different parties and promulgated the Constitution through the so-called "fast track". Clearly, Nepali leaders did not heed Delhi's counsel and hurriedly endorsed the document. This is what appeared to have angered Delhi.

Before the promulgation of the Constitution, Indian Foreign Secretary S. Jaishankar was in Kathmandu on September 18, 2015, as special envoy of Prime Minister Narendra Modi to talk to Nepali leaders. He asked them to resolve the differences through dialogue. Jaishankar argued that violence provoked by the new Constitution has spilled over to India, as Madhesis have been crossing over to Bihar to escape police action. Besides, Bihar is currently going through phased state elections, which began on October 12, 2015. India cannot let the elections be prejudiced by overlooking the plight of the Madhesis.

Soon after the Constitution was made public, Delhi asked Kathmandu to amend seven of its Articles: (i) Article 11 (6): Delhi wants citizenship granted automatically to foreign women - meaning Indian women - married to Nepali men; (ii)  Article 42: related to representation of various groups in government jobs. Delhi wants "proportional" representation based on population. This will give Madhesis 50 percent or more jobs in the state structures; (iii) Article 84: related to electoral constituencies based on percentage of population so that Madhesh gets constituencies in proportion to its population; (iv) Article 86: related to representation in the parliament. Madhesi parties want representation on the basis of population; (v) Article 281: related to delineation of constituencies from 20 years to 10 years; (vi) Article 283: regarding citizenship. India wants naturalised citizens, meaning Madhesis, to be eligible to hold posts of presidents, prime ministers, etc. (vii) Madhesh province to include five adjoining districts. 

It is clear that India, from the very beginning, has pushed for protection for the Indian origin Madhesis. The Madhesi leaders have also looked upon India for support and backing. 

The sentiment in Nepal is against this stance of India. People seem to be united against what they consider to be a blatant interference of India. Effigies of Modi have been burnt in Kathmandu. People widely believe that the Terai protests were instigated. All the major parties, despite having their differences, have come together to defy this stance. Nepali Ambassador D K Upadhay in Delhi said that Nepal will look beyond India if the blockade continues.

The three-week unofficial blockade has had devastating effects on Nepal, though the Indian External Affairs Spokesman denied any such move. The suspension of fuel supply had practically stopped all economic activities in the country. However, from October 12, some vehicles carrying fuel have entered Nepal, easing the supply shortage. 

Nepal's big northern neighbour, China's reaction has been muted so far. However, Beijing cautiously reacted when Chinese flags were burnt in Terai, saying that China was not "anti-Madhesi and believes in a stable Nepal".  The Nepal-China Jilong border crossing, which was damaged by the earthquake, has been reopened.  Essential supplies have been coming in from China, as the effects of the blockade continue.

India-Nepal relations are extremely intertwined not only because of their religious affinity – both are predominantly Hindu societies - but also because of India's security concerns. Delhi has always wanted to have a friendly government in Kathmandu. During the days of the monarchy in Nepal, relations were strained as successive kings tried to be assertive, independent and stood up to India. It reminds one of the 13-month long blockade of 1989, during the days of King Birendra, over transit privileges. 

In May 2015, Sushma Swaraj, India's External Affairs Minister, tried to allay fears amongst neighbours by stating that India was not a "big brother" but a caring "elder brother". She was speaking in the Indian Parliament while passing the Bangladesh-India Land Boundary Agreement. Indian PM Narendra Modi also made all the friendly gestures and made tall promises to Nepal when he visited Kathmandu in August 2014.  All of that now sounds remote. 


The writer is a former ambassador and secretary.