BEYOND OPEN BORDERS: RETHINKING LABOUR MIGRATION GOVERNANCE BETWEEN NEPAL AND INDIA
AUTHOR – SUJAL KESHAR SINGH, STUDENT AT KES’ SHRI. JAYANTILAL H. PATEL LAW COLLEGE
BEST CITATION – SUJAL KESHAR SINGH, BEYOND OPEN BORDERS: RETHINKING LABOUR MIGRATION GOVERNANCE BETWEEN NEPAL AND INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 535-539, APIS – 3920 – 0001 & ISSN – 2583-2344.
Labour migration between Nepal and India is one of the most persistent and distinctive forms of cross-border movement in South Asia. Enabled by the 1950 Treaty of Peace and Friendship, the open-border arrangement allows citizens of both countries to move, reside, and work freely without formal documentation. While this system supports livelihoods and regional integration, it also creates a structural gap between mobility and protection. This article examines the economic, legal, and social dimensions of cross-border labour migration between Nepal and India. It argues that the absence of reliable data, weak policy implementation, and lack of legal recognition contribute to the vulnerability of migrant workers. The article also highlights the asymmetry in migration patterns, where Nepali migrants are largely driven by economic necessity, while Indian migrants often move in response to opportunity. By critically engaging with existing literature and broader migration theory, the article suggests that the open-border system has led to a form of “invisible migration” that is insufficiently governed. It concludes by proposing a shift toward a rights-based and data-oriented framework that balances mobility with protection.