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Why the India-Nepal Mutual Legal Assistance Agreement matters more than high-level visits

The India-Nepal open border facilitates passport-free movement—a reflection of closer ties. But it also puts security on high alert because non-state actors use it for instability.

The successful high-level visit of Nepal’s ruling Rastriya Swatantra Party Chairman, Rabi Lamichhane, to Delhi was followed by Foreign Minister Shishir Khanal’s visit on 5 June. The two visits showcased the meticulous political and diplomatic work between the two countries to prepare the ground for Nepal Prime Minister Balendra Shah’s much-anticipated first foreign visit since becoming the world’s youngest Prime Minister in March.

While Lamichhane’s visit to Delhi at the invitation of the ruling Bhartiya Janata Party (BJP) prepared the political ground, Khanal’s visit was the first ministerial-level visit from Kathmandu, a much-needed diplomatic boost in bilateral ties, and a marker of preparation for Shah’s potential first visit to India.

Keeping aside the political and diplomatic signalling these two visits generated, there was another landmark achievement made in bilateral ties—the completion of the processes for the India-Nepal Mutual Legal Assistance Agreement in Criminal Matters (MLAA). This was announced in a media release made by India’s Ministry of External Affairs (MEA) on Khanal’s visit.

But what significant value does the MLAA update hold?

MLAA is a critical security framework

At the heart of the MLAA stands the open border between India and Nepal. The two sides share a 1,751 km-long open border. Often referred to as a lifeline to Nepal due to its landlocked nature, the open border facilitates visa and passport-free movement for the people of the two countries—a reflection of a closer people-to-people bond between the two neighbours. 

Simultaneously, the border puts security establishments on high alert because non-state actors often use it to create instability and security threats.

Over the years, the security agencies on both sides have worked to establish a rules-based mechanism for coordinating and capturing non-state........

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