India- Bangladesh enclaves - Revision history

Jyoti at 22:06, 5 October 2020

2020-10-05T22:06:19Z

Jyoti: /* Dahagram-Angorpota */

2020-10-05T22:05:15Z

‎Dahagram-Angorpota

Pdewan: Pdewan moved page Indo-Bangladesh enclaves to India- Bangladesh enclaves without leaving a redirect

2016-09-30T15:03:28Z

Pdewan moved page Indo-Bangladesh enclaves to India- Bangladesh enclaves without leaving a redirect

Pdewan: /* 2011: Protocol to the Land Boundary Agreement */

2015-08-10T20:18:48Z

‎2011: Protocol to the Land Boundary Agreement

Pdewan: /* 2011: Protocol to the Land Boundary Agreement */

2015-08-10T20:16:41Z

‎2011: Protocol to the Land Boundary Agreement

Pdewan: /* The Land Boundary Agreement, 2011 */

2015-08-10T20:02:49Z

‎The Land Boundary Agreement, 2011

Pdewan: /* Justification */

2015-08-10T19:59:40Z

‎Justification

Pdewan: /* Difficulties in resolution of the land boundary dispute */

2015-08-10T19:53:56Z

‎Difficulties in resolution of the land boundary dispute

Pdewan: /* Difficulties in resolution of the land boundary dispute */

2015-08-10T19:53:26Z

‎Difficulties in resolution of the land boundary dispute

Pdewan: /* Executive summary note on land boundary Agreement */

2015-08-10T19:45:14Z

‎Executive summary note on land boundary Agreement

@@ Line 10: / Line 10: @@
 |}
-[[Category:India |E ]]
-[[Category:Bangladesh |E ]]
-[[Category:Law,Constitution,Judiciary  |E ]]
 =2011: Protocol to the Land Boundary Agreement=
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 This plan under Bangladesh, Bhutan, India and Nepal (BBIN) agreement for movement of all types of vehicles aims at seamless transport of cargo and passenger vehicles in the region. “At present, the cargo coming from either side is transferred at the border to vehicles plying in that particular country,“ an official said. He added the success of this pilot will also mean that a vehicle carrying cargo from Bangladesh can reach Nepal directly using Indian roads.
-=2020=
+[[Category:Bangladesh|E INDIA- BANGLADESH ENCLAVES
-==Bengal stop goods from Bangladesh through Petrapole-Benapol==
-[https://timesofindia.indiatimes.com/india/bengal-bump-hits-bangladesh-ties/articleshow/76778778.cms  Indrani Bagchi, Bengal bump hits Bangladesh ties, July 4, 2020: ''The Times of India'']
-−
-NEW DELHI: West Bengal is proving to be a major obstacle to India’s neighbourhood policy.
-−
-A decision by the Mamata Banerjee government to stop all goods from Bangladesh through the Petrapole-Benapole border since March has resulted in serious damage to bilateral trade and it came to a head on Wednesday with Bangladesh refusing to allow Indian trucks to cross the border.
-−
-As a result of Bengal’s actions, bilateral trade with Bangladesh dropped to $424 million in April-May, as compared to nearly $2 billion for the same period in 2019, with serious disruption to imports from Bangladesh. In the first five calendar months of 2019 (Jan-May), it was $4.1 billion but in 2020, it is just $2.9 billion.
-−
-Bangladeshi traders and government have been expressing unhappiness for some time, which spilled over on July 1 leading to Bangladesh stopping Indian trucks. Even so, sources said, 106 trucks had been let through into Bangladesh.
-−
-No exports from Bangladesh have been allowed to come via Petrapole-Benapole since March 23, day before the lockdown was ordered. It briefly resumed on April 29, but shut down again on May 2, following some local protests. Trade restarted on June 7 and slowly the volume rose to around 250 trucks per day from around 24 aday. But it was all one-way trade with only trucks from India going to Bangladesh but nothing being allowed to come from the other side.
-−
-Interestingly, there has been no stoppage of goods from Bangladesh via Tripura, but only through Petrapole-Benapole which accounts for about 70% of Indo-Bangla trade. Sources here said Bengal even went so far as to stop trucks going to Nepal and Bhutan via the state. In April, the home ministry asked the Mamata Banerjee government to allow truck movement to these countries since they are landlocked and depend on India for goods movement. This is also part of India’s global commitments.
-−
-The Centre had told Bengal its actions were in “clear violation of the MHA orders issued under Disaster Management Act 2005 as well as well as Articles 253, 256 and 257 of the Constitution”.
-−
-On the domestic front, this was also the time when the Centre and the Bengal government were at loggerheads over the state’s handling of the Covid crisis.
-−
-Faced with a serious disruption in trade which could have a negative impact on other aspects of bilateral ties, the Centre is looking for other options to bypass the Petrapole-Benapole ICP. For the first time, goods have been moving through the resurrected India-Bangladesh rail network. On Friday, the Syama Prasad Mookerjee Port, Kolkata, announced that it would serve Indo-Bangla trade by introducing a new service between Kolkata Dock System and Chattogram (Chittagong) through Indo-Bangladesh Protocol Route.
-−
 [[Category:Bangladesh|E
 INDIA- BANGLADESH ENCLAVES]]
-[[Category:India|E
+[[Category:India|E INDIA- BANGLADESH ENCLAVES
 INDIA- BANGLADESH ENCLAVES]]
-[[Category:Law,Constitution,Judiciary|E
+[[Category:Law,Constitution,Judiciary|E INDIA- BANGLADESH ENCLAVES
 INDIA- BANGLADESH ENCLAVES]]

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 At the stroke of the midnight, India's 4096.7km boundary with Bangladesh was redrawn. A 68-yearold “aberration“  51 Bangladeshi enclaves in India and 111 Indian enclaves in Bangladesh -was rectified. But with one exception.
 A 4616.85 acre Bangladeshi land, inhabited by 3,165 families, firmly perched on India. Dahagram-Angorpota, a Bangladeshi enclave, remained out of the Indo-Bangladesh agreement signed by PM Narendra Modi and his Bangaldeshi counterpart Sheikh Hasina on June 6, 2015. Its history was written 23 years back, on June 26, 1992.
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 This plan under Bangladesh, Bhutan, India and Nepal (BBIN) agreement for movement of all types of vehicles aims at seamless transport of cargo and passenger vehicles in the region. “At present, the cargo coming from either side is transferred at the border to vehicles plying in that particular country,“ an official said. He added the success of this pilot will also mean that a vehicle carrying cargo from Bangladesh can reach Nepal directly using Indian roads.

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 Source:
-[http://mea.gov.in/Uploads/PublicationDocs/24529_LBA_MEA_Booklet_final.pdf ''Ministry of External Affairs, India'']
+[http://mea.gov.in/Uploads/PublicationDocs/24529_LBA_MEA_Booklet_final.pdf ''Ministry of External Affairs, Government of India'']
 Attempts have been made to arrive at a comprehensive settlement of the land boundary between India and Bangladesh (the erstwhile East Pakistan) since 1947. The Nehru-Noon Agreement of 1958 and the Agreement Concerning the Demarcation of the Land Boundary between India and Bangladesh and Related Matters of 1974 (referred to as 1974 LBA ) sought to find a solution to the complex nature of the border demarcation involved. However, three outstanding issues pertaining to an un-demarcated land boundary of approximately 6.1 km, exchange of enclaves and adverse possessions remained unsettled. The Protocol (referred to as the 2011 Protocol) to the 1974 LBA , signed on 6th September 2011 during the visit of the Prime Minister to Bangladesh, paves the way for a settlement of the outstanding land boundary issues between the two countries. This historic agreement will contribute to a stable and peaceful boundary and create an environment conducive to enhanced bilateral cooperation. It will result in better management and coordination of the border and strengthen our ability to deal with smuggling, illegal activities and other trans-border crimes.

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 [[Category:Law,Constitution,Judiciary  |E ]]
 =2011: Protocol to the Land Boundary Agreement=
 Attempts have been made to arrive at a comprehensive settlement of the land boundary between India and Bangladesh (the erstwhile East Pakistan) since 1947. The Nehru-Noon Agreement of 1958 and the Agreement Concerning the Demarcation of the Land Boundary between India and Bangladesh and Related Matters of 1974 (referred to as 1974 LBA ) sought to find a solution to the complex nature of the border demarcation involved. However, three outstanding issues pertaining to an un-demarcated land boundary of approximately 6.1 km, exchange of enclaves and adverse possessions remained unsettled. The Protocol (referred to as the 2011 Protocol) to the 1974 LBA , signed on 6th September 2011 during the visit of the Prime Minister to Bangladesh, paves the way for a settlement of the outstanding land boundary issues between the two countries. This historic agreement will contribute to a stable and peaceful boundary and create an environment conducive to enhanced bilateral cooperation. It will result in better management and coordination of the border and strengthen our ability to deal with smuggling, illegal activities and other trans-border crimes.

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 [[Category:Bangladesh |E ]]
 [[Category:Law,Constitution,Judiciary  |E ]]
-=The Land Boundary Agreement, 2011=
+=2011: Protocol to the Land Boundary Agreement=
 Attempts have been made to arrive at a comprehensive settlement of the land boundary between India and Bangladesh (the erstwhile East Pakistan) since 1947. The Nehru-Noon Agreement of 1958 and the Agreement Concerning the Demarcation of the Land Boundary between India and Bangladesh and Related Matters of 1974 (referred to as 1974 LBA ) sought to find a solution to the complex nature of the border demarcation involved. However, three outstanding issues pertaining to an un-demarcated land boundary of approximately 6.1 km, exchange of enclaves and adverse possessions remained unsettled. The Protocol (referred to as the 2011 Protocol) to the 1974 LBA , signed on 6th September 2011 during the visit of the Prime Minister to Bangladesh, paves the way for a settlement of the outstanding land boundary issues between the two countries. This historic agreement will contribute to a stable and peaceful boundary and create an environment conducive to enhanced bilateral cooperation. It will result in better management and coordination of the border and strengthen our ability to deal with smuggling, illegal activities and other trans-border crimes.

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 ==Justification==
-(a)	Un-demarcated Segments:
+''' ''(a) Un-demarcated Segments: '' '''
 Though the issue of the un-demarcated land boundary was addressed in the 1974 LBA , it could not be implemented due to differences of perception in the interpretation of the LBA and in view of the ground realities. The lack of clarity on the boundary between the two countries caused tensions and disrupted the lives of people living in these areas.
-(b)	Enclaves:
+''' ''(b)	Enclaves: '' '''
 The inhabitants in the enclaves could not enjoy full legal rights as citizens of either country and infrastructure facilities such as electricity, schools and health services were deficient. Further, due to lack of access to these areas by the law and order enforcing agencies and weak property rights, certain enclaves became the hot bed of criminal activities. A number of Parliament questions and representations were received from Members of Parliament, inhabitants of the enclaves, NGO’s and political parties urging that the exchange of enclaves be expedited.
-(c) Adverse Possessions:
+''' ''(c) Adverse Possessions: '' '''
 (i) Despite the limited nature of dispute on the border, the non-settlement of Adverse Possessions has led to tension between the border guarding forces of the two countries. Muktapur, Pyrdiwah and Naljuri along the Meghalaya- Bangladesh border had witnessed firing incidents in the recent past. In Dumabari area (Assam) firing took place between the two security agencies as early as in 1962 and again in 1965. In Muhuri river area (Tripura), 10 incidents of firing were reported between BSF and BGB , the last reported in 1999. In Boroibari (Assam), in a firing incident in 2001, 16 BSF personnel were killed. Thus, the adverse possession areas have been flashpoints between India and Bangladesh exacerbating the tensions along the border and between the two neighbouring States. The issue got further complicated with the increasing population pressure in Bangladesh, use of Bangladesh soil for anti-India terrorist activities, and refuge for terrorists, militants and criminals. All of this necessitated the need for an early settlement of the outstanding land boundary issues between India and Bangladesh.
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 (ii) D uring the joint visit of an India-Bangladesh delegation in May, 2007 to the Adverse Possession in South Berubari, the people residing there expressed an unusually strong view that they would not accept an exchange of Adverse Possessions.
 (iii) The Government of West Bengal in 2002 had suggested that the boundary be realigned with the line of actual possession, thus converting de facto control into de jure control. Similarly, the Government of Meghalaya was also reluctant to give up the territories in adverse possession and had requested that status quo be maintained along the adverse possessions.
 ==Efforts towards a Comprehensive Package Solution==

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 ==Difficulties in resolution of the land boundary dispute==
-''' ''(a)	Berubari Dispute: '' ''''
+''' ''(a)	Berubari Dispute: '' '''
 (i) In the standard model of geopolitics, international borders are clearly delineated, one-dimensional lines that absolutely separate sovereign states. In practice, however, borders are often contested and sometimes indistinct - and few are as fraught as the boundary separating India from Bangladesh. The Berubari dispute was one such, arising from an omission in the written text of the Radcliffe Award and erroneous depiction on the map annexed therewith. Radcliffe had divided the district of Jalpaiguri between India and Pakistan by awarding some thanas to one country and others to the other country. The boundary line was determined on the basis of the boundaries of the thanas. In describing this boundary, Radcliffe omitted to mention one thana, Thana Boda. Berubari Union No. 12 lies within Jalpaiguri Thana, which was awarded to India. However, the omission of the Thana Boda and the erroneous depiction on the map referred to above enabled Pakistan to claim that a part of Berubari belonged to it
@@ Line 66: / Line 66: @@
 (i) The hasty partition of the subcontinent was flawed in several respects which left unresolved the fate of hundreds of ‘enclaves’ of both the countries. There are 111 Indian enclaves in Bangladesh (17,160.63 acres) and 51 Bangladesh enclaves in India (7,110.02 acres). The Indian enclaves in Bangladesh are located in four districts - Panchagarh, Lalmonirhat, Kurigram and Nilphamari. All of Bangladesh’s enclaves lie in West Bengal’s Kochbehar district.
 (ii) The LBA 1974 agreement enabled Bangladesh to retain the Dahagram and Angarpota enclaves; India retained Berubari, which was contiguous. Article 1(12) of LBA 1974 states that enclaves should be exchanged. Further Article 3 stipulates that when areas are transferred, the people in these areas shall be given the right of staying on where they are, as nationals of the State to which the areas are transferred. While the LBA of 1974 has stated that the territory has to be exchanged, it had not specified any administrative procedures with respect to the people living in such territories till the exchange process was completed. India was keen to exchange enclaves in accordance with the LBA . There were, however, procedural issues that first needed to be addressed, including the determination of the number of people living in enclaves in both sides.

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 The 2011 Protocol will result in a fixed demarcated boundary in all the un-demarcated segments, exchange of 111 Indian enclaves in Bangladesh with 51 Bangladesh enclaves in India and a resolution of all adversely possessed areas. In the exchange of enclaves, India will transfer 111 enclaves with a total area of 17,160.63 acres to Bangladesh, while Bangladesh would transfer 51 enclaves with an area of 7,110.02 acres to India. While on paper, the exchange of enclaves between India and Bangladesh may seem like a loss of Indian land to Bangladesh, the actual scenario is quite different as the enclaves are located deep inside the territory of both countries and there has been no physical access to them from either country. In reality, the exchange of enclaves denotes only a notional exchange of land as the Protocol converts a de facto reality into a de jure situation. The inhabitants in the enclaves could not enjoy full legal rights as citizens of either India or Bangladesh and infrastructure facilities such as electricity, schools and health services were deficient. Further, due to lack of access to these areas by the law and order enforcing agencies and weak property rights, certain enclaves became hot beds of criminal activities. A number of Parliament Questions, representations from Members of Parliament, inhabitants of the enclaves, NGOs and political parties received over the years have urged Government to carry out an expeditious exchange of enclaves. In the implementation of the 2011 Protocol, the exchange of enclaves will have fulfilled a major humanitarian need to mitigate the hardships that the residents of the enclaves have had to endure for over six decades on account of the lack of basic amenities and facilities that would normally be expected from citizenship of a State. In respect of Adverse Possessions, India will receive 2777.038 acres of land and will transfer 2267.682 acres of land to Bangladesh through implementation of the 2011 Protocol. As in the case of enclaves, however, the reality is that the area to be transferred was already in the possession of Bangladesh and the handing over of this area to Bangladesh is merely a procedural acceptance of the de facto situation on the ground. Similarly, areas in adverse possession of India in Bangladesh will now be formally transferred to India with the implementation of the 2011 Protocol. More important, the 2011 Protocol will allow people living in the adversely possessed areas to remain in the land to which they have deep-rooted ties, sentimental and religious attachments. No constitutional amendment is envisaged for resolution of undemarcated sectors under the 2011 Protocol as this is within the competence of the Executive Wing of the Government. However, exchange of enclaves and the drawing of boundaries to maintain status quo of adverse possessions involving transfer and de jure control of territories requires a constitutional amendment. Article 368 of the Constitution states that “an amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall 6 Land Boundary Agreement between India and Bangladesh Land Boundary Agreement between India and Bangladesh
-==Executive summary note on land boundary Agreement==
+==Executive summary note on Land Boundary Agreement==
 India and Bangladesh signed a Protocol (referred to as the 2011 Protocol) to the Agreement concerning the demarcation of the Land Boundary between India and Bangladesh and related matters, during the visit of Prime Minister Dr Manmohan Singh to Dhaka, on September 6, 2011. The Protocol, along with the Agreement between India and Bangladesh concerning the demarcation of the Land Boundary between India and Bangladesh and related matters (referred to as 1974 LBA ), signed on May 16, 1974, has facilitated the resolution of the long pending land boundary issues between the two countries. The 2011 Protocol addresses the unresolved issues pertaining to the un-demarcated land boundary of approximately 6.1 km; exchange of enclaves; and adverse possessions. Maps indicating location of un-demarcated segments and Adverse Possessions (Annexure I) and Enclaves in India and Bangladesh (Annexure II) are attached.