Category: Miscellaneous

William Digby, A Friend in Need-1857: Friendship Forgotten -1887′ [London: Indian Political Agency, 1890]

The Rana rule has often been the focus of many writers who wrote the history of Nepal following the rise of Prime Minister (General) Jung Bahadur Rana.

Perhaps the only book which comprehensively deals with Prime Minister Ranadip Singh, who succeeded Jung Bahadur upon his death in February 1877, is the book of William Digby – a British author, journalist and a humanitarian. As Digby was an independent critique, and differed so much with the rulers of Nepal and the British establishment in India that his point of view about the transition could be interesting for many readers.

In ‘A Friend in Need-1857: Friendship Forgotten -1887’ [London: Indian Political Agency, 1890], Digby writes about the brutal killing of Prime Minister Ranadip Singh, also spelt Renaudip or Ranodip in Nepali texts, in November 1885 by his nephews in order to usurp the throne of Nepalese prime minister, the throne which was based on the rule of hereditary succession established by Prime Minister Jung Bahadur. As per the family law of succession, Ranadip succeeded his elder brother Jang Bahadur following his death in 1877. The putsch established Bir Shumshere in power. Along with Ranadip Singh, the other person killed was Jagat Jung, who was known as ‘Mukhiya Jarnel’ at that time.

The author argues in his book that the British government based in Calcutta was most dishonest to Nepal, especially to the Prime Minister, who was brutally killed in the coup d’état. Not only it ignored the change of government, it also refused to help Ranadip Singh’s family to deal with the situation. Also the author reminds us that Ranadip Singh’s brother, Prime Minister Jung Bahadur Rana, and his army was the most trusted and obedient supporter of the British cause in India. Their help to the British government in dousing the flames of the revolt of 1857 was not just a small thing. Also known as India’s First War of Independence, the revolt had begun as a mutiny of sepoys of the East India Company’s army, in the town of Meerut, which soon escalated into other mutinies and civilian rebellions, largely in the upper Gangetic plain and central India, with the major hostilities confined to the present-day Uttar Pradesh, Bihar, northern Madhya Pradesh and the Delhi region. Jung Bahadur and the Nepal army that he led were crucial to help suppress the revolt. As an aftermath, the East India Company was dissolved in 1858 and its place was taken over by the British Crown.

Explaining the objective of his book, Digby states: “the story told in the following pages is one with which, unfortunately, the annals of our [British] Indian empire are familiar. No public department in any country, despotically or constitutionally ruled, ever had so short a memory, or one more oblivious to the teachings of history and the claims of justice, than the Calcutta Foreign Office has proved itself to possess. Its course is strewn with wrecks.” He believed that the reigning family of Ranadip Singh had special claims, the strongest of which was the consideration for services rendered to the East India Company in the past: “rendered too, at a time when friendly assistance was of special value and of supreme importance.”

Digby clearly expresses his dislike for the divide and rule strategy being applied to a trusted friend – a friend in need. He maintains that the British gave little importance to the fact that the government of Nepal was subverted by an ambitious officer. The reigning prime minister, a friend of the British government, was foully murdered. His family was forced into exile, and the 12-year old king was virtually made prisoner in his own palace. In these circumstances, he questions why the British government did not respond, even though the senior members of the royal family and the exiled princess had already appealed to the ex-viceroy of India for help. The appeal, according to Digby, was rejected with “what seems like studied contempt.”

There are some additional important observations in the book. William Digby describes the decision makers in the British Indian Foreign Office as ‘apologists’ for stating that they had no other choice, but to recognize Bir Shumshere, because the Nepal Durbar was very quick to appoint him the next Prime minister. He emphasizes that this is a policy “so full of ingratitude and so fruitful of mischief.” The author pleads that the argument of the Foreign Office that China is Nepal’s suzerain, and that we are bound to respect China’s rights is wrong. “The government of India went to War with Nepal in 1814, without for a moment thinking of China’s suzerainty; nor did China help her feudatory in that conflict, or take any steps to prevent the cessation of Nepalese territory to India.”

The author also remarks that the contention that Bir Shumshere was popular among the Nepalese people justifying the British recognition of the new regime is incorrect. One can infer this thing clearly in the following lines: “This is no more true than was the boasted popularity of British rule in upper Burmah when dacoit bands were resisting British arms in every district. The people of Nepal are quiet solely for want of arms and of leaders but to infer from this seemingly tranquility their cordially acceptance of Bir Shumshere’s rules would be as rational as to conclude that a violence is extinct because for a time its fires are quiet and its action is not perceptible to the distant observer, who knows nothing of the unseen workings destined speedily to blaze forth. [In fact], the suddenness of the coup d’etate at Khatmandu in 1885, and the unexpected British support of the usurper, at first stunned the Nepalese.”

William Digby has authored a very exciting book. It helps us understand Nepal of that particular time very effectively. The quotation with which the book starts is a powerful remark of Jung Bahadur Rana addressed to the British patriarchs: “I know my nation is not equal to yours, nor our power to yours. But there is one thing in which we are and ought ever to be equal, namely, Justice – Mutual Justice.” A very commanding expression, indeed!

 The conclusion of the book is that the government of Britain was failing in this pursuit and the quest for the justice was not yet over. 

William Brook Northey, The Land of the Gurkhas or The Himalayan Kingdom of Nepal [Cambridge: W. Heffer & Sons Ltd, 1937]

William Brook Northey’s The Land of the Gurkhas or The Himalayan Kingdom of Nepal [Cambridge: W. Heffer & Sons Ltd, 1937] was published 14 years before the political changeover of 1950-51. The book begins with a general survey of Nepal by Brigadier General C. G. Bruce.

Like many other books which were published on Nepal before, Northey’s book starts with the introduction of the Nepalese land, the early history of Nepal, the rise of the Gurkhas and Prime Minister Jung Bahadur, who emerged following Anglo-Nepal War, and the turbulent years that followed. With this background, Northey generalizes the Gurkhas as they are, their customs and characteristics, and sports and diversions. Kathmandu, the capital of the Gurkhas, has been described well along with the temples and shrines, followed by the town of Patan, Bhatgaon and Nawakot. The central part of Nepal finds special mention in the book. Both the eastern and western borders of the country are discussed along with Darjeeling, which was lost to Britain after the Treaty of Sugauli, and its surroundings.

Unlike many of his predecessors, William Brook Northey also writes about the Western border of Nepal and the society around there. He points it out very categorically that the Nepalese people inhabiting the extreme western districts of Nepal – Doti, Baitadi, Jumla, Bajhang, and so on “are often not classified as Gurkhas.” There is a remarkable difference between the appearance of these people, he says, and those in the eastern part of Nepal. Be they from the Chetri tribe, the Dotials or Bajhangis, they “looked much rougher and more uncouth than any Gurkhas with whom I had ever been brought into contact before, giving the impression that existence in these extreme western districts was a good deal harder than that known elsewhere.”

Northey notes that the communities in the far Western Nepal bear little resemblance to their sturdier neighbours in Central and Eastern Nepal. Rather they look similar to the Kumaonis people inhabiting the hills west of the Mahakali river. Their customs, appearance, and even language look similar. The striking difference that Northey finds is that “just as the farther one goes eastwards in Nepal the races become more and more influenced by Mongolian ideas in the matter of customs and religion, so as one progresses in a westerly direction they become more and more disposed to Hinduism, until they eventually lose every trace of the Mongolian influence, and become as Hindu in culture as the Aryan speaking tribes that are found in the adjacent districts of British India.”

Northey also tries to explain who the Gurkhas are. The communities he adds in this group are the Thakuri, Chetri or Khas, Newars, Gurung, Magar, Rai, Limbu, Sunwar and Tamang, and so on. He also includes Brahmins in the group. He thinks that Thakuris, even though they owe Rajput ancestry, sometime resemble Chetris in certain cases. A majority of them are, however, hardly distinguishable from the Mongolian-looking Magars or Gurungs. He does not explain what the reasons must be behind these similarities. “Nonetheless, speaking generally, the Gurkhas as a race are decidedly Mongolian in appearance, possessing the high cheek-bones and almond-shaped eyes peculiar to that race.”

There are several other interesting insights in Northey’s about the Gurkha people. He writes about homespun Nepalese cap, chaubandi-surubal,and Khukuri that Gurkhas wear. He notes that “to be tall in Nepal brings no special admiration.” Nepalese are of small height for sure. Strangely, however, he quips that there is one regiment in the Nepalese army, the rifle regiment, in which the men are all six feet and more. Similarly, he finds that “a well-bred Gurkha is almost invariably fair skinned.” There are very few dark-complexioned Gurkhas, who will, in such case, be invariably nick-named as ‘Blackie.’ Adding further on the peculiarities, he refers to tribal regiments of the soldiers in Nepal. Examples given are that of the same tribe like Kali Bahadur Regiment composed solely of Gurung and the Purano Gorakh, of men of the Magar tribe.

Northey makes a point that the shoes that Nepalis wear are gradually being discarded in favour of European shoes in recent years. He also points out that Nepalese have started wearing a tweed coat of European pattern over the chaubandi that men wear with surubal. As far as money is concerned, Gurkhas love to earn and spend and might therefore be described, according to Northey, as Anglo-Saxon in their orientation. A Gurkha regards money “as something that should be spent. In this he differs greatly from the Indian of the plains, who loves to hoard his pice [paisa] as carefully as a Frenchman does his sous.” The author also gives some space to Gurkha songs. He thinks many of them are very primitive. But there are certainly some songs full of emotions. The example given is –

“In the heavens above are more than nine lakhs of stars.
I cannot count them.
Thus the words of my heart surge up into my mouth.
But I cannot utter them.”

Comparing the caste system in Nepal with that in the Darjeeling hills, Northey writes of its more liberal nature in Darjeeling. “Men of the highest caste are to be found in quite lowly occupations or doing work that they could never perform in their own country. Thus the syce(groom) of the pony that you hire on the Mall may as likely as not be a Chetri or even a Brahman, while the fact that a man of good caste marries a woman of low caste, or vice versa, seems no matter very little if at all here.” 

There is some reference about Nepal’s urban centres as well. “Outside the valley there are but few towns in Nepal that can be called important centres. Some like Ilam, Dhankuta, Jumla and Salyana, enjoy a certain amount of local prestige as chief towns and civil headquarters of districts, as others, like Silgarhi, Daelekh and Baitadi, do in virtue of their being military stations, while the shrines at Ririand Muktinath attract large numbers of pilgrims from India and Tibet; but that is all that can be said. In fact, of the provincial towns, perhaps only Butwal, Palpa, Tansing and Pokhara can with any justice be called important.”

Referring to Singh Durbar, or the home of the Prime Minister, Northey says “there is nothing of Nepalese architecture in this imposing building.” There is an interesting revelation that “of the roads in the hills, the greatest and most important is the one which traverses the entire length of the country from east to west leading from Darjeeling to Pithoragarh in Kumaon, a distance of more than five hundred miles.” There must be many men of letters in Nepal even now who may not have ever read or heard of this road, which does not even exist in the form of a remnant.

Northey mentions that while much of Terai is still very unhealthy during certain times of the year, “the Nepalese government has in recent years made great efforts to make at any rate certain parts of it more habitable, particularly in the Morang, where large stretches have been cleared and made suitable for human habitation.”  In the town of Batauli [Butwal], which he visited in 1920, unlike Kassauli, the far side of the Tindo Khola, he also observes some dark-skinned Biharis and Marwaris.

The author had almost two decades of experience in a Gurkha regiment. He served Nepalese Escort in Kathmandu not only as a trainer, but also worked with the Nepalese contingent on the Indian frontier  during the first World War, also serving thereafter as Gurkha recruitment officer for five years in Nepal. He was allowed by Prime Minister Chandra Shamsher to go around some parts of Nepal and have some first-hand experience in understanding this country. His insights on Nepal were also influenced by the authors who wrote of Nepal before him, like Sylvain Levy, Perceval Landon, and Percy Brown. 

This is not William Brook Northey’s sole book on Nepal. He also co-authored another book on the Gurkhas, their manners, customs, and their country. This 1928 book deals with the people and their language, religion and festivals, government and administration, and Nepal’s war effort, to mention a few. There is also a chapter in the book on the slavery and the labour problem.

The present book contains a good bibliography and index. It also has many important illustration attracting attention of any reader. The author points out the preface to the book that the map of Nepal that appears here is drawn from the most recent survey of Nepal. This is an interesting old book giving new insights. As Samuel Bulter, an iconoclastic victorian-era English author, remarked, “the oldest books are still only just out to those who have not read them.”  

Thomas Watters’ two volume book On Yuan Chwang’s Travels in India, 629-645 A.D. (London: Royal Asiatic Society, 1904/1905) was put in order from an unpublished manuscript after his death in 1901.

Yuan Chwang, also known as Hiuen Tsang, was a great Chinese monk. His nineteen-year pilgrimage through Chang’an of China to Central Asia and eventually South Asia is a rich source of information.

Watters, a British scholar of Chinese Buddhism, describes Yuan Chwang’s journey that was accomplished between 626 and 645 A.D. with great energy and commitment. It includes travel accounts of the monk from Kao Chang to the Thousand Springs, from Taras to Kapis, from Lampa to Gandhar, from Udyana to Kashmir, from Kashmir to Rajapur, from Cheh-ka to Mathura, from Sthaneswara to Kapitha, from Kanyakubja to Visoka and from Saravasti to Kusinara. It also describes Chwang’s trip from Varanasi to Nepal, and then to Magadh and Sri Lanka. The author also outlines general descriptions of India as furnished by Yuan Chwang before describing the story of his journey from Lampa to Gandhar.

The Great Tang Records on the Western Regions included the original details of Yuan Chwang’s travel stories. The present book of Thomas Watters is the first analytical work on the great pilgrim’s visits. It has also tried to explore these visits based on other similar accounts and recent research and explorative works. Nepal finds only some passing mention in the first volume. All relevant Buddhist locations and monasteries of that period that Yuan Chwang saw or observed in Nepal have been dealt with or mentioned in the second volume. It is here that the author has described his visit to Kapilavastu and Lumbini, among other places in this location.

Yuan Chwang’s journey was not just a pilgrimage. He describes at length the territory and the natural world that he passed through. There are descriptions about climate characteristics, national customs and moral conduct of the people he comes across. Two other Chinese pilgrims – Tseng Tsai and Fa Hsien had already visited Lumbini long before Yuan Chwang visited it. These visits were held in the fourth and fifth centuries. But this particular visit was a record breaking one.

On his way to Nepal, Chwang also visited Sravasti, one of the six largest cities in the region during Gautama Buddha’s lifetime. Watters noted that ruins still lied on the upper course of the Rapti in Nepalese territory, near the point where the river emerges from the hills. His description of the mountains, caves and hill at Sravasti offer additional proof that the city lay close to the foot of the Himalayas. Watters pleads that Sravasti was in the Khajura locality, a short distance to the north of Balapur and not far from Nepalganj in a north-north-east direction. Mentions Watters: “But this proposed identification also has its difficulties, and must await further developments. No discoveries have been made to support the identification, but there seems to be the usual supply of mounds and ruins.”

From Sravasti, Yuwan Chwang traveled to Kapilavastu, his last stop before Lumbini, the birthplace of Buddha. He describes Kapilavastu about 800 miles in circuit, and as containing more than ten deserted localities all in utter ruin. The capital locality was in such a complete waste that its true area could not be ascertained. But the solid brick foundations of the palace within the capital locality still remained. As the district had been left desolate, it was very sparsely inhabited for a very long time. The country was without a sovereign, each locality having its own chief. The soil was fertile and farming operations were regular, the climate was temperate, and the people were genial in their ways.

There were remains of above 1000 Buddhist monasteries, and near the palace locality was an existing monastery with above 80 inmates, adherent of the Sammatiya School. There were two Dev temples, and the sectarians lived Pell Nell. The pilgrim proceeds to enumerate the various objects of interest, all connected with the Buddha’s life, which he found within the capital. The place where Buddha was born has been spelled as La-fa-ni [Lumbini] grove. There are many important details. The pilgrim finds the bathing tanks of Shakyas beautiful. He also refers to the Ashok tree, where Buddha was born. He also writes about shrines and paintings, topes of previous Buddhas, King Virudhaka, the Buddha’s return home, the Sakya local god, and the death of the Buddha.

Yuan Chwang visited Ni-po-lo [Nepal] valley around AD 645. He describes it as a country situated in snow mountains, and surrounded by hills and valleys. He finds it producing grain and fruit, and also copper, yaks and francolins. The use of copper coins has been noted as medium of exchange. Yuan Chwang noted that the Buddhist monasteries and the Deva temples touched each other in Nepal. The Kings are scholarly, believe in Buddhism and come from the Kshatriya Licchavi group. He refers about King Ang-shu-fa-ma who had composed a treatise on etymology. He refers to a fantastic multi-storey Buddhist monastery in an isolated hill close to the south of the capital. The readers may find that Yuan Chwang’s references on Ni-po-lo, its development and civilization very scanty. At this time, Nepal was a dependency of T’u-fan [Tibet], but had contributed a contingent to King Wang Hstian-tse to fight out the “usurper of Magadha.” In Yuan Chwang’s opinion, however, the people of Nepal are “rude and deceitful.” They slighted “good faith and rectitude.” They are “ugly and coarse in appearance” and are not educated. Moreover, he admits that they are skilled mechanics.

King Virudhaka of Kashi Kosala virtually annihilated the little autonomous tribe of Shakyas of Kapilavastu. After he annexed this territory, the remaining Shakyas fled northward to the hills, and settled in western Nepal. “In order to hide from prosecution, they took the title of Koliya. When they learned of the forest monastery in Sankhu established during the time of Buddha, they migrated to Kathmandu Valley under the Kirats. Later, they established two settlements in Yembu and Yengal. In Yengal, they renovated the monasteries of Manjupattan. By Licchavi era, Yembu and Yengal were called Koligram and Dakshin Koligram respectively. They established various monasteries in both settlements, and retook the title of Shakyas in the late Licchavi era. Various monastic traditions are still followed to date in many of these monasteries.”

The preface contributed by T. W. Davids points out that Thomas Watters left behind him a finished work. It was ready for the press. It states that “the only translation into English of the travels and the life of Yuan Chwang, the one made by the late Mr. Beal, contains many mistakes. As Mr. Watters probably knew more about Chinese Buddhist literature than any other European scholar, and had, at the same time, a very fair knowledge both of Pali and Sanskrit, he was the very person most qualified to correct those mistakes, and to write an authoritative work on the interpretation of Yuan Chwang’s most interesting and valuable records. The news that he had left such a work [before his death] was therefore received with pleasure by all those interested in the history of India.”

Thomas Watters’ Volume II includes two maps and an itinerary of Yuan Chwang prepared by Vincent A. Smith. There are also indexes of the names of Indian persons and the Indian places translated into Chinese names or forms. The book has many references that a modern reader may find interesting.

When returning to China, Yuan Chwang passed through Ka – Sha [Khasghar] in the western Tibet which is also linked with the ancient Khas  people. There are dozens of places which reflects Khas names and phonetics , but which have not been in studies keeping this perspective in view. Watters has indicated places where Yuan Chwang might have been exaggerating in his report and descriptions. For example, he thinks it is not clear if Yuan Chwang reaches Ni-po-lo himself, or was only writing about it based on what he came to know while he was in India. At the time when this book was written, it was certainly a remarkable piece of work.

Thomas Smith, Narrative of a Five Year’s Residence at Nepal [London: Colburn and Co, 1852]

Thomas Smith’s Narrative of a Five Year’s Residence at Nepal [London: Colburn and Co, 1852] brings all the excitement of the story of Nepal in the first half of the nineteenth century. The book is divided into two volumes. The narrative is one of the best accounts of the intrusion of the British army into the pristine glory of Nepal. Written by a young officer, who was based in Kathmandu as assistant political resident from 1841 to 1845, the book is also based on his personal experience in Nepal.

In the preface of the book, the author flags the necessity of writing the book on two grounds. The “friendly character of the relations which exist between England and Nepaul” and the position “which Nepaul already holds in Anglo-Indian history” created this imperative. He emphasizes that the story of Nepal to be given in the book should look complete, and ” nothing should be omitted which can throw light on its characteristics and history.” The idea was to prepare a reference work on Nepal. Several other works have been written in reference to Nepaul; but the Author of the present one confidently believes that no complete account of the kingdom, and all that relates to it, has been published until now.

Captain Smith starts his narrative with personal adventure of an overland trip from England to India via France, Italy and Egypt. Following this exciting journey, he writes about the topography of Nepaul, the animals available in this country with some narratives of sport in the forest, the inhabitants of Nepaul, especially the military tribes, Nepaul’s manners, customs and laws, and a short history of the country.

In the background of these narratives, the author explains the passion of the Goorkhas for “territorial aggrandizement,” the “aggressive conduct” of their international border security officers, the tedious and unfriendly discussions carried on between them and the East India Company with reference to some disputed lands and the subsequent declaration of the Anglo-Nepalese War (1814–15) by the British side. There are stirring details of the war continued at different fronts in different chapters. There is detailed account of the termination of first campaign which resulted in Gurhwal being restored to its King, and the superintendence of the affairs of all the western chiefs being vested in General David Ochterlony. After two costly and unsuccessful attempts to seize the Nalapani fort by direct attack, the British changed their approach and sought to force the garrison to surrender by cutting off the fort’s external water supply. Nepal had started to lose. There was no full stop. This follows negotiation of peace between warring sides.

The post war Nepal remained nice to the British. Captain Smith appreciates that Nepaul did not furnish any fresh ground for quarrel in the next twenty-two years. “The treaties were respected, and the internal condition of the Kingdom was peaceable.” It is in this environment that the Nepaulese mission to England led by General Jung Bahadur, who had recently emerged as the new General in Kathmandu, was planned. He was able to show his power and clout as a visiting dignitary. The British people were impressed, but were not clear about the objective of the visit as such. Smith notes: “Nepal certainly had got herself into bad odour with the government of India by her unfriendly intrigues with the government of Lahore and Gwalior, during the period of [British] hostilities with these states.” He says: “The Nepaulese, however, situated as they are between two nations, both far too formidable to be resisted, may feel their position awkward and embarrassing; and the late mission may have originated in a desire to ascertain the power, resources, and the Indian policy of the most formidable of them.”

The book gives a special focus on General David Ochterlony, who led Britain to victory. On the outbreak of the war he was given the command of one of four converging columns, and subsequently he was promoted to the command of the main force in its advance on Kathmandu, and outmaneuvering the Gookhas by a flank march at the Kourea Ghat Pass, bringing the war to a successful conclusion and obtaining the signature of the Treaty of Sugauli (1816). The author, who was a Captain at the time of writing this book, has a fascinating note for him: “A history of Nepaul, without a special biography of Ochterlony, would be like ‘Hamlet’ without the prince of Denmark.” Obviously, what Thomas Smith means is not the history of Nepal per se, but the history of Anglo Nepal War. Ochterlony was not only “the conqueror of Nepaul, after all other Generals had failed, but was one of the finest, best, and bravest soldiers the Indian army ever had to boast.”

The Appendix of the book contains the memorial of David Ochterlony to the Court of Directors of the East India Company. At one place, Ochterlony notes: “Every male throughout the territory of Nepaul is liable to be called upon to serve as a soldier for one year, at the expiration of which period he is entitled to claim his discharge.” He further notes that even though such a provision exists, the government does not need more people in the military service.

Captain Smith has devoted a full Chapter to the Sirmoor Battalion – the regiment being raised by the East India Company in 1815 for the first time. Four battalions were formed from the disbanded Nepaulese troops (after the hills had fallen under the British yoke). The battalion was formed at Nahan, now in Himanchal Pradesh. This was the first Goorkha unit in the service of the East India Company to see action, during the 3rd Mahratta War in 1817. During the Indian Mutiny of 1857, the Sirmoor Battalion was one of the Indian regiments that remained loyal to Britain.

Talking about the laws of Nepal, and the way in which they are administered, Smith refers to what he was told by a Guru named Rugnauth Pundit – that those seeking for learning should go to Benares – those seeking for justice should go to Nepaul, or rather Goorkha, which is fifty miles farther north of Kathmandu. “My own impression, although I did not tell the learned priest so, was – “you might seek it, possibly find it, but it would be a very dangerous experiment.” Smith pointed out that the laws for political offences as they existed in Nepal depend entirely upon the strength or weakness of the party they are enforced against, and the guilt or innocence depends upon the faction in power.

There are some very important information in the book of Captain Smith. Writing about the domastic cattle of Nepal , he declares that the milk of Nepaulese cow “is not surpassed for the sweetnedss or richness by any in the world”, “the Rapti arounds with fish of all kinds,’ and the bees in the valley provide excellent honey. They should be of great interest to the readers.

A watercourse describes any flowing body of water. This includes rivers, streams, anabranches, and so on. Nepal is a rich country in terms of its water resources. It has a functioning system of water law as well. Surya Nath Upadhyay’sInternational Watercourses Law and a Perspective on Nepal-India Cooperation (Kathmandu: Ekta Books, 2012) focuses on regional perspective. It deals with the past efforts in the Nepal-India cooperation in terms of the rules and principles of international law governing the navigational and non-navigational uses of international watercourses.

In the author’s note, which explains the objective behind the work, Upadhyay questions why the Nepal-India cooperation in the realm of water sector has not been laudable despite the fact that “we are not tired of eluding our close, extensive, traditional, cultural and religious ties” with India. Even though there are immense potentialities for enhancing the economies of both the countries by harnessing available watercourses, the efforts put to this sector are not commendable. “People of our countries rightfully deserve to know the reason and make their judgments in the light of several of our engagements so far in water resources between the two countries. They also should know what law governs our relationship in matters of water resources. This book is an attempt in this direction.”

A senior lawyer and former secretary of Nepal government, Upadhyay has divided his book into nine chapters. Beginning with general introduction of the theme, the author has given an outline of international water courses law and law on procedures of cooperation. Based on this outline, he has discussed Nepal’s water resources and cooperation efforts with India. Starting with the Nepal-India agreement on Kosi project, which set a bad example, he has comprehensively dealt with the Gandak project agreement and the treaty on integrated development of the Mahakali River. All these projects have been criticized in Nepal for unfair dealthey made. Based on these deals, and issues that have been generated, Upadhyay analyses the Indian approach to the development of water resources in the region. Here he finds a number of complications. Addressing these complications straight, the author has drawn some precise conclusions and recommendations.

Chapter 8 is the most important for all decision-makers. This is a chapter which explains how India maintains domination in the development of water resources in the South Asian region. It has been done by analyzing Indian position vis a vis regional verses bilateral cooperation, the deliberate disregards of the high ideals of SAARC, the principles bilateralism as it is applied to Nepal, the unilateral construction of projects and pushing it for approval as being fait accompli (for example, India’s illegal and unilateral construction of the Tanakpur Power Station), the opposition to Nepal-initiated projects, the plan of interlinking rivers in India to meet water scarcity and problem of droughts and floods, and the pathetic attitude towards developing any international law on water. Here the author has shown not only his legal skills, but also the ability to express in clear terms the nature of water politics and how it is being manipulated.

“First, [India] shall try to continue whatever use it can make within its territory without prior consultation with its neighbours. Second, it shall try scrupulously not to regionalize the subject matter of water resources. Third, it shall continue engaging with Nepal on all possible projects, but it shall advance only those projects which primarily serve its interests. Fourth, it shall try to de-link the hydropower use with that of water use and make advances and deal on hydropower cooperation, rather than on water resources. Fifth, as water, power, and security are intertwined, it shall try to have maximum control on those resources directly or indirectly. Sixth, it shall continue avoiding any generalization of policy or law, which shall bind itself for the future dealings.It will continue the engagement on a project-wise basis and take its position as its interests dictate. Seventh, it shall try to proactively create internal situations in the neighbouring countries, which shall be favourable to it for making deals. Eighth, it shall continue to exert its leverage in its deals on water resources with the neighbouring countries. The question, however, would be: does that serve the long term interests of India and the region?”To cut it short, Upadhyay calls a spade a spade.

The book helps general readers like this critique to understand international watercourses law with very lucid analysis. The Appendices attached to the book includes the Helsinki Rules on the Use of the Waters of International Rivers, the Convention on the Law of the Non-navigational Uses of International Watercourses, 1997, and Berlin Rules on Water Resources 2004. The author has tried to incorporate some cases and controversies concerning international watercourses. They provide background against which he analyses the basic substantive and procedural rights and obligations of states in the field.

Upadhyay admits that it is in the interest of both Nepal and India to cooperate with each other to harness available watercourses. Such cooperation is also welcome between Nepal and other South Asian countries. “What is required is sensitivity to the valid demands and the needs based on the rules of the game. It can happen without anybody losing, but everybody winning. A sincere understanding of water law and the rights or duties of the riparian states could help that process.”He does not, however, deal much with the weaknesses of Nepal’s own water machinery and its lack of direction. He also does not deal with how to build strategy on Nepal’s part to deal with a partner who has problematic habits.

This book is recommended to all scholars, students, and practitioners working in the area of international watercourse law, the related development agencies, and the policy makers of Nepal.