Himalayan Times (1960)

S;i $tm«lae«» CCiin.. May IS,

BASES OF INDIA'S TITLE ON THE NORTH-EAST FRONTIER

By A. APPADORAI

i ( Continutd from Previous issue )

The Chinese Government now claims tho region. In areas largely uninhabited, even peribdi-

aroa enclosed between the beginning of tbe south- eal patrolling is sutlicient ovidence of occupation,
om foothills and the MoMnhon Line—an area in Tne International Court of Justice in the

which, the Indian Government haB long been in Norwegian Fisheries Com re-emphasized the legal

continuous and until recently unchallenged posses- importance, for . the consolidation of territorial

sion. The animus of tho British Government to r|sbb. of absence of protests by other States to

exercise sovereignty became, if anything, clearer tne actual exercise of sovereign control by one

after the Simla Convention and cannot be obs- gtate. As Professor Briei-ly also lightly pointed

ou'red by tho fact that the preoccupations of two outi "m0,t existing frontiers are accepted by in-

World Wars prevented a full-scalo expansion of tornational law siniplv because they have existed

direct control. And this is all the more so sinco je jacto for a iollg time; they exemplify the

neither the Chinese nor. the Tibetan Government maxim ex facto oritur jus, which is at the root of the

challenged tho title to the legion now disputed, notion of prescription in all systems of law."

Quite on the contrary, the British still hoped jil0 principle of acquiescence is in any case so

that the Chinese Government would ultimately WCU known to all civilized legal oiders, that it

sign the SimUi Convention from which they had may eTen De considered to be a general princi-

refrained on quite other grounds. Neither the _le of [aw recognized by civilized nations.
Chinese nor the Tibetan Government ever lodged ™ . , , ., e ., ■

» -r, - ima „ :„., i, i „ • r There is, indeed, evidence of more than
a protest alter- Hi!4 against UntiBh exercise of . ' . \ . ,
ver i tv mere tacit acquiescence by China in tl.eMjMahon
° Line. In-the minutes of the meeting between
The British Government, it may bo recalled the Prime- Minister!, of India and China to which
here, had aduiiuistered the area lu two. waya. reference has been made eailier, tho Chinese
They exercised their lowers in the area south of Prime Minister in so many words recognized tho
tho MoMahon Line through a loose political con- jfcMahon Line in view of the changed situation
trol while the upper area of Assam was brought aml because* of the fiiendship existing between
under direct administrative control. This was tho the two eolintries. The Prime Minister of China
only feasible course because of tho condition of didi it if true, add that the Chinese Government
tho hill tribes, the prevailing backwardness of wou]d consult tho local authorities in the matter;
the area and the dillicultles of communications. a|1(j iatter j„ a letter of 8 September 19B9 ho
Only as civilization became possible through tribal apparently repudiated his outlier position bv re-
education was it feasible to bring tlie region. fusing to accept the .McMahon Line as a d'e. jure
under closer and more direct administrative eon- frontier. It is not an unreasonable interpretation
trol. Even the most organized government, inched, to Bay tllat tnis collrse ef events shows that dt
can never hope to establish fro,,trier check posts racl0 recognition was always 'accorded to this
all along tho 830 milo-long frontier, nor, as has fr0„tier by the Chinese Government, but that
been seen is this required for title under inter. they wisbed toiise'dc jure fw.-ognitiou as a bar-
national law. gaining counter, first ofiering to grant and then
The reader is referred, to avoid repetition, withholding it. And it is no k« significant that
to the account given above of the couthmous the Chinese Govenm,' lit it'elf. as soon as the
history of British and Indian Government control I>ahn. Lama crossed the MoMahon Line on 31
in the region. But it may be ivcll to recall that M»rch 1!,5i>' announced that he had entered
this control showed itself inter alia in the efforts Iudiin- territory.

made by the British Government to keep peace It may be concluded, on the present point,

in the tribal area, in geological' parties sent to that even if title to the disputed torritory rested

the area for reconnaissance, and-in the maintenance on principles of acquisitive occupation, *prescrip-

of law and order sulheient to afford / ee access tiou or acquieasence, the history of the area

to privato traders .and travellers in this remote shows that the British and Indian Governments