India – BangladeshLand Boundary Agreement

By:Swapnil J . Hadpe

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A Brief History of Time• 1905: Partition of Bengal (Lord Curzon’s Plan)• August 1947: Creation of East Pakistan; Radcliff Line• The Bengali Language Movement (Bhasha Andolan) ; 21st Feb: Intl. Mother

Language Day• 25th March, 1969: Transfer of Power from Gen. Ayub Khan to Gen. Yahya Khan• 5th Oct, 1970: General Elections• 1st Mar, 1971: Postponing of National Assembly Session by Yahya Khan• Operation Search Light; Civil Disobedience in East Pakistan• 26th Mar, 1971: Arrest of Bangabandhu; ‘Bangladeshi Declaration of Independence’ • Est. of ‘Muktifoujo’ later named ‘Muktibahini’• Refugee Crisis in India (esp. in the states of Assam, Tripura & West Bengal)• 3rd Dec, 1971: Indo-Pak War• 16th Dec, 1971: Surrender of East Pakistan• 17th Dec, 1971: Creation of Bangladesh• 15th Aug, 1975: Assassination of Mujibur Rehman’s Family; Military Rule 1975-

1990• 1991: General Elections; Victory of Khaleda Zia (Bangladesh Nationalist Party)

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Enclaves• ‘Any portion of a State that is entirely surrounded by the

territory of another State’• Stakes In Card or Chess Games between Raja of Cooch Bihar

& Maharaja of Rangpur• 1713 Treaty: Kingdom of Cooch Bihar & Mughal Empire• Bangladesh: 102 Indian Enclaves; 37,400 Indians• India: 71 Bangladeshi Enclaves; 14,250 Bangladeshis

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Tin Bigha Corridor• 1974 Agreement:

Passage (178 m × 85 m) to Dahagram & Angorpota Enclaves

Connects these Enclaves to Panbari Mouza in mainland of Bangladesh • 1992: Leasing to Bangladesh at a

Token Price of BD Taka 1 p.a (now waived off)

• Sept, 2011 Additional Protocol:

24 Hrs access to Bangladeshi National to the Enclaves through the Passage

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Problems of Enclaves• Inhabitants could not enjoy full legal rights (eg. Right to Vote)• Deficient Infrastructural Facilities – Electricity, Schools,

Health Services• Absence of Law Enforcement Agencies; Hot Bed of Criminal

Activities

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Pre-cursor • 1958: Agreement between Jawaharlal Nehru & Feroz

Khan Noor • SC’s Judgement; 9th Const. Amendment Bill;

Objection to the transfer of Berubari Enclave • 16th May, 1974: Signed between the Indira Gandhi &

Mujibur Rehman; Ratification by Bangladesh• 2001: Two Joint Boundary Working Groups • 14-17 July, 2011: Joint Head Count• Sept, 2011: Additional Protocol for 1974 Agreement

by India

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Glimpses from History

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Difficulties in Resolution of the Land Boundary Dispute

1. Berubari Dispute Omission of Thana Boda in Jalpaiguri District by Radcliff &

erroneous depiction on map Resolved by Nehru – Noor Agreement; Division between India

& East Pakistan; cleared by SC in 1971 1974 Agreement: Retained by India

2. Enclaves Indian Enclaves in 4 Districts of Bangladesh Bangladeshi Enclaves in Cooch Bihar District of West Bengal

3. Adverse Possessions People are technically in occupation & possession of land

beyond the Boundary Pillars Deep rooted ties to ancestral land; sentimental & religious

attachments

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The Land Boundary Agreement• 7th May, 2015: Revised Version adopted by two countries• 18th Dec, 2013: 119th Constitutional Amendment Bill– Rajya

Sabha• Nov, 2014: Approval of Standing Comm. on External Affairs• 6th May, 2015: Approval of Rajya Sabha • 7th May, 2015: Approval of Lok Sabha• 28th May, 2015: President’s Assent; 100th Constitutional

Amendment Act

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What each Country Will Get?• India: 51 Enclaves; 7,110.02 Acres • Bangladesh: 111 Enclaves; 17,160.63 Acres• India: 2,777 Acres Adverse Possession• Bangladesh: 2,267 Acres Adverse Possession• ‘Orderly, Safe & Secure’ passage to residents of Enclaves with

their ‘Personal Belongings & Moveable Property’

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Process• Physical Exchange of Enclaves: 31st July, 2015 – 30th June,

2016• 75 Teams each comprising an Authority from India &

Bangladesh – Enquire about Choice of Citizenship• 1 Supervisor over 5 such Teams

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Advantages• Outcome of bi-lateral negotiations• Takes into consideration the situation on ground and the

wishes of the people• Takes into account the views of the concerned state

Governments (written consent)• Mitigate major Humanitarian Problems• Peace along the border• Consolidate mutually beneficial exchanges & Confidence-

building • Way for Security Co-operation & denial of sanctuary to

elements inimical to India• Does not envisage displacement of population• Way opened for the Settlement of Teesta River Water Sharing

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Thank You !!!