In-depth Analysis of the recently ratified (by India) India-Bangladesh Land Boundary Agreement, Enclaves, Adverse Possessions, etc.

1. India – Bangladesh
Land Boundary Agreement
By:
Swapnil J. Hadpe

2. 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)
Swapnil J. Hadpe 2

3. 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
Swapnil J. Hadpe 3

4. Swapnil J. Hadpe 4

5. 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
Swapnil J. Hadpe 5

6. 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
Swapnil J. Hadpe 6

7. 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
Swapnil J. Hadpe 7

8. Glimpses from History
Swapnil J. Hadpe 8

9. 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
Swapnil J. Hadpe 9

10. Swapnil J. Hadpe 10

11. 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
Swapnil J. Hadpe 11

12. 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’
Swapnil J. Hadpe 12

13. 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
Swapnil J. Hadpe 13

14. 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 SharingSwapnil J. Hadpe 14

15. Thank You !!!
Swapnil J. Hadpe 15