ISSUES BEHIND SINO- BRITISH TREATY OF 1890
Vishad Srivastava, B.A. LL.B (H)
“This is not 1962 India it is modern 2017 India highly equipped with defence machinery to answer anyone.” are the words from New Delhi national daily giving reply to Beijing national daily run by communist party members that “India should not forget it’s history of 1962.” This is now the daily dose of converstion for Doka La road issue between the countries where since 40 years no bullet has been fired despite of border tension. Series of conflict starts from China stopping Kailash Mansrovar yatri in Nathu La which was provided a special route by China itself in 2014 then the main cause erupted Doka La road issue. Talking about Doka La issue Chinese government want to construct a road in DokaLa area which falls in the tri junction of India, China and Bhutan. India is denying for the construction of road as it posses great threat to North Eastern part of the nation.If the road will buid then it will provide China to access to Chumbi Valley which will endanger India’s link to it’s North Eastern states. Moreover, this road will follow slight part of Bhutan but China is claiming it that road is constructed on their side of boundry. Indian Army is denying access to Chinese Army as it is the obligation of India to save the Bhutan from external threat as per their treaty but the treaty which is making noise is SINO BRITISH TREATY OF 1890 which was spoken by Chinese Ministry foreign spokeperson he accused India of being betrayled China and has not followed SINO BRITISH TREATYOF 1890. He also said that letter of Jawaharlal Nehru to Zohu is also the proof for this treaty actual terms.
First of all let’s examine the SINO BRITISH TREAT 1890
- According to Article 1 of the Convention talks about the boundary of Sikkim and Tibet in physical detail. “The boundary of Sikkim and Tibet shall be the crest of the mountain range separating the waters flowing into the Sikkim Teesta and its affluents from the waters flowing into the Tibetan Mochu and northwards into other rivers of Tibet. The line commences at Mount Gipmochi, on the Bhutan frontier, and follows the above-mentioned water-parting to the point where it meets Nepal territory,”
- Article 2 states that it is admitted that the British Government, whose Protectorate over the Sikkim State is hereby recognised, has direct and exclusive control over the internal administration and foreign relations of that State, and except through and with the permission of the British Government, neither the Ruler of the State nor any of its officers shall have official relations of any kind, formal or informal, with any other country
- Article 4 specifies the termination of all British extra-territorial jurisdiction in Shanghai, Tienjin and other main cities
- Article 7 made clear regulation of the work of diplomatic agents in each country.
Now What was the Nehru letter which is also the talking point in the discussion.
Actually Nehru’s September 26, 1959 letter to Zhou, cited by China, was a point-by-point refutation of the claims made by the latter on September 8, 1959. Contrary to the claim that the letter was an overwhelming endorsement of the 1890 treaty on the Sikkim-Tibet border, Nehru takes objection to Zhou’s statement that the boundaries of Sikkim and Bhutan did not fall within the scope of the discussion. Nehru explicitly states in the letter that the 1890 treaty defined only the northern part of the Sikkim-Tibet border and not the tri-junction area that brings Bhutan into play. Nehru makes the statement that China now latches on to, out of context. He says: “This Convention of 1890 also defined the boundary between Sikkim and Tibet; and the boundary was later, in 1895, demarcated. There is thus no dispute regarding the boundary of Sikkim with the Tibet region”.
Tension at border is rising the temperature day by day.Although to resolve the matter with talk and peacefully China is agreed but on one condition that Indian Army should get away from their territory as per them originally which is China Bhutan border but India can’t do that it is under obligation with friendly treatywith Bhutan. Day to day conflicts from infiltration of Chinese army to practice of war at border by china and deployment of more soldiers from India at border clearly depicts the picture of crucial matter and shows the time has come to fight at 2 and a half Morcha