Foreign Policy Watch: India-Nepal

The academic link between Nepal and India

Note4Students

From UPSC perspective, the following things are important :

Mains level: India-Nepal relations;

Why in the News?

On February 16, a third-year female student from Nepal died by suicide at Kalinga Institute of Industrial Technology (KIIT) in Bhubaneswar.

What were the reasons behind the protests by Nepali students at KIIT, Bhubaneswar?

  • Harassment and University Inaction: Nepali students protested after a third-year Nepali woman student died by suicide, allegedly due to harassment by a male student. Despite multiple complaints, the university failed to take action. Example: The deceased student had repeatedly reported the harassment to university authorities, but no substantial steps were taken to address her concerns.
  • Forced Campus Eviction: KIIT ordered Nepali students to vacate the campus following the protests, which was viewed as an unjust punishment against the entire community. Example: Instead of addressing the harassment claims, the university’s eviction order further alienated Nepali students, leading to greater unrest.
  • Demand for Justice and Fair Treatment: Students sought accountability for the harassment and fair treatment under the Indo-Nepal Peace Treaty of 1950, which ensures equal rights for Nepali citizens in India. Example: Protesters argued that the eviction violated Articles 6 and 7 of the treaty, which guarantee the right to residence and fair treatment.

Why is Nepal’s education system being influenced by the colonial legacy of British India?

  • Affiliation with Indian Universities: Nepal’s first college, Tri-Chandra College (established in 1918), was affiliated with Indian universities (Calcutta and later Patna University), controlling courses, pedagogy, and examinations.
  • Dependence on Indian Instructors: Early instructors in Nepal’s education system were trained in Indian universities, leading to the adoption of Indian academic frameworks.
  • Limited Domestic Higher Education: Until Tribhuvan University was established in 1959, Nepal lacked postgraduate education, forcing students to seek higher education in India.
  • Colonial Curriculum: The content of education remained heavily influenced by British India’s system, limiting the development of Nepal-centric academic discourse.
  • Post-1950 Reforms: Efforts like the National Educational Planning Commission (1954) and New Education System Plan (1971) aimed to “Nepalise” the system, yet the intellectual field continued to be shaped by Indian education.

In what way is the KIIT incident linked to the Indo-Nepal Peace Treaty of 1950, especially Articles 6 and 7?

  • Violation of Equal Treatment (Article 6): Article 6 of the Indo-Nepal Peace Treaty ensures that citizens of Nepal and India receive “national treatment” in each other’s territories. The directive for Nepali students to vacate the KIIT campus violated this provision by treating them differently based on their nationality.
  • Infringement on the Right to Residence (Article 7): Article 7 grants Nepali citizens the right to reside in India without discrimination. KIIT’s order to vacate the premises directly infringed on this right, as it targeted Nepali students exclusively.
  • Impact on Educational Access (Article 7): The Treaty allows Nepali citizens to pursue education in India without barriers. The disruption of academic activities and the evacuation order restricted their educational access, breaching this provision.

Way forward: 

  • Strengthening Institutional Accountability: Ensure universities establish robust grievance redressal mechanisms to address harassment complaints promptly and impartially. Independent inquiry committees should be set up to investigate incidents, ensuring transparency and justice.
  • Upholding Treaty Commitments: Indian institutions must align their policies with the Indo-Nepal Peace Treaty, guaranteeing equal treatment and the right to residence for Nepali students. Regular dialogue between Indian and Nepali authorities can help prevent future violations.

Mains PYQ:

Q Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to the appointment of judges of higher judiciary in India.(UPSC IAS/2017)

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