Sugauli Treaty (1815)- East India Company & Nepal

The Sugauli Treaty (also spelled Segowlee and Segqulee) was signed on December 2, 1815 and ratified by March 4, 1816, between the British East India Company and Nepal, which was a kingdom during that era. This ended the second British invasion of the Himalayan kingdom during the Anglo-Nepalese War (1814–1816). The signatory for Nepal was Raj Guru Gajaraj Mishra aided by Chandra Sekher Upadhyaya and the signatory for the Company was Lieutenant-Colonel Paris Bradshaw. The treaty called for territorial concessions in which parts of Nepal will be given to British India, the establishment of a British representative in Kathmandu, and allowed Britain to recruit Gurkhas for military service. Nepal also lost the right to deploy any American or European employee in its service (earlier several French commanders had been deployed to train the Nepali army).

Bhimsen Thapa, Prime Minister of Nepal (1806-1837)

Under the treaty, about one-third of Nepalese territory was lost, including Sikkim (whose Chogyals supported Britain in the Anglo-Nepalese War); territory to west of the Kali River like Kumaon (present Indian state of Uttarakhand), Garhwal (present Indian state of Uttarakhand); some territories to the west of the Sutlej River like Kangra (present day Himachal Pradesh); and much of the Terai Region. Some of the Terai Region was restored to Nepal in 1816 under a revision of the treaty and more territory was returned in 1865 to thank Nepal for helping to suppress the Indian rebellion of 1857.

The British representative in Kathmandu was the first Westerner allowed to live in the post -Malla Era Nepal. (It is to be noted that few Christian missionaries operating were deported by the Gurkhas after conquering Nepal during mid 18th century). The first representative was Edward Gardner, who was installed at a compound north of Kathmandu. That site is now called Lazimpat and is home to the British and Indian embassies. The Sugauli Treaty was superseded in December 1923 by a "treaty of perpetual peace and friendship," which upgraded the British resident to an envoy. A separate treaty was signed with India (independent by now) in 1950 which restored fresh relations between the two as independent countries.

Terms of the Treaty

Francis Edward Rawdon

After the Anglo-Nepal war, a treaty of peace and friendship was signed between the government of Nepal and the East India company. It is popularly known as "The Treaty of Sugauli, 1815". It was agreed upon on 2nd December 1815 by Gajraj Misra and Chandra Sekhar Upadhayay, on behalf of the government of Nepal, and Lt. Col P. Bradshaw, on behalf of the East India company. The signed copies of the treaty were exchanged on 4th March 1816 at Makawanpur by Chandra Sekhar Upadhayay and General Octorlony. The terms of the treaty were as follows:-

1. There shall be perpetual peace and friendship between the East India company and the king of Nepal.

2. The king of Nepal will renounce all claim to the lands which were the subject of discussion between the two States before the war; and will acknowledge the right of the company to the sovereignty of those lands.

3. The king of Nepal will cede to the East India company in perpetuity all the under mentioned territories: i) The whole of low lands between the rivers Kali and Rapti. ii) The whole of low lands between Rapti and Gandaki, except Butwal. iii) The whole of low lands between Gandaki and Koshi in which the authority of the East India company has been established. iv) The whole of low lands between the rivers Mechi and Teesta. v) The whole of territories within the hills eastward of the Mechi river. The aforesaid territory shall be evacuated by the Gorkha troops within forty days from this date.

4. With a view to indemnify the chiefs and Bhardars of Nepal, whose interest will suffer by the alienation of the lands ceded by the foregoing Article (No. 3 above), the East India company agrees to settle pensions to the aggregate amount of two lakhs of rupees per annum on such chiefs as may be decided by the king of Nepal.

5. The king of Nepal renounces for himself, his heirs, and successors, all claim to the countries lying to the West of the River Kali, and engaged never to have any concern with those countries or the inhabitants thereof.

6. The king of Nepal engages never to molest or disturb the king of Sikkim in the possession of his territories. If any difference shall arise between Nepal and Sikkim, it shall be referred to the arbitration of the East India company.

7. The king of Nepal hereby engages never to take or retain in his service any British subject, nor the subject of any European or American State, without the consent of the British Government.

8. In order to secure and improve the relations of amity and peace hereby established between Nepal and Britain (East India company), it is agreed that accredited Ministers from each shall reside at the court of the other.

9. This treaty shall be ratified by the King of Nepal within 15 days from this date, and the ratification shall be delivered to Lt. Col. Bradshaw, who engages to obtain and deliver to the king the ratification of the Governor-General within 20 days, or sooner, if practicable.

In fact, this treaty of Suguali was in favour of the East India Company and Nepal had to suffer a heavy loss of her territory. So, a subsequent agreement was made in December 1816 according to which Nepal got all the low lands (Terai) from Mechi, in the east, to Mahakali, in the west. Therefore, the indemnity of two lakhs of rupees ceased to continue. A land survey was also proposed to fix the boundary between the two States.

Validity of the Treaty

1. Article 9 of the treaty says that the treaty shall be approved by the King of Nepal, but records of the treaty being approved by King Girwana Yuddha Bikram Shah have not been conclusively traced.

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.

3. Some have argued that the treaty was signed between Nepal and the British and thus lacks the force to be implemented between Nepal and independent India.