Focus Writing: Land Boundary Agreement and its Impact on Bangladesh-India Bilateral Relations

20 Apr 2021

Land Boundary Agreement and its Impact on Bangladesh-India Bilateral Relations 

Bangladesh and India, two neighbouring countries, have a shared history, common heritage and linguistic and cultural ties. But these commonalities should not conceal the prevailing problem of border issue, one of the most contentious problems plaguing the bilateral relations Bangladesh-India border relation is multi-dimensional and shaped by dynamics and pattern of internal politics of two countries. The border problem is not only confined to the issue of demarcation, but also other issues such as cross-border smuggling, terrorist activities, border fencing ,human trafficking and illegal immigration. After it’s creation disputed border relations with India as a legacy of the partition of the subcontinent in 1947. The arbitrary division resulted in dispute on control over enclaves. 51 enclaves of Bangladesh are in India and 111 enclaves of India are within Bangladeshi soil. The Land Boundary Agreement is a unresolved problem since 1974. The residents of the enclaves live in abysmal condition with a lack of water, roads, electricity, Schools and medicines. Bangladesh and India signed a protocol on Land Boundary Agreement (LBA) on June 6, 2015 to simplify their border and clarify the identities of 51,584 people living in enclaves, Over the four decades after the neighbours first tried to untangle this complex territorial right set down in 1713. 

According to a popular legend, the enclaves were used as stakes in card or chess games centuries ago between two regional kings, the Raja of Koch Bihar and the Maharaja of Rangpur. As far as history records, the little territories were apparently the result of a confused outcome of a 1713 treaty between the kingdom of Koch Bihar and Mughal Empire. Possibly, the Kingdom and the Mughals ended a war without determining a single boundary for what territories had been gained or lost. After the partition of India in 1947, Rangpur was joined to East Pakistan and Koch Bihar was merged with India. It may be recalled that the British government appointed Radcliffe to chair to Boundary Commissions in June 1947, one for Bengaland the other for Punjab. Superficial in his approach, he was to say the least, casual and haphazard in completing the process. One of the unwarranted blenders resulting out of this award was the creation of enclaves or "Chitmahals of India in the erstwhile East Pakistan (Bangladesh) and that of Palistan in India. 

 By international law, states can exercise sovereignty over their territories. There is no requirement that the territory must be contiguous or geographically proximate. An example of geographically non-contiguous territories constituting is Bangladesh and India. This possibility of territories lacking geographical contiguity forming parts of one state sometimes results in some parts being surrounded by the territory of another state. Such territories are termed enclaves.

 There are 51 Bangladeshi enclaves in India among which 4 in Jalpaiguri and 47 in Koch Bihar. There are 111 Indian enclaves inside Bangladesh among which 36 in Panchagor, 4 in Nilphamari, 59 in Lalmonirhat and 12 in Kurigram. A census carried out recently indicated that 51,584 people lived in these 162 enclaves. The 111 Indian enclaves in terms of area consisted of 17,158 acres and population of 37,369 Persons. The Bangladeshi enclaves in terms of area consisted of 7110 acres and population of 14215 persons.

 The Land Boundary Agreement signed on 16 May 1974 between Indira Gandhi and Sheikh Mujibur Rahman, which provided the exchange of enclaves and surrender of adverse possessions. Under the agreement, India returned the Berubari enclave while Bangladesh retained the Dahagram and Angorpota enclaves providing India with access to it by giving a (178 metrex 85 metre) corridor, called the Teen Bigha Corridor. Bangladesh quickly ratified the agreement in 1974 but India fail to do so. India held back the process, saying it would require a constitutional amendment to implement the Agreement,

Actually the assassination of Sheikh Mujib in 1975 created a tremendous trust deficit between Delhi and Dhaka that took its tool on resolving bilateral problems, Though relations between  Dhaka and Delhi were marked by periodic ups and downs, Bangladesh had never shown any apathy in resolving these disputes.
It was following Prime Minister Sheikh Hasina's visit to India in January 2010 that the Congress led UPA made a sincere effort to resolve at least two outstanding issues- the LBA and the Teesta  water treaty.

Sherpas (expert political aides) of both countries met several times to find a solution to demarate ute border which was an extremely complex job. When Prime Minister Manmohan Singh visited Dhaka in September 2011, the protocol related to the LBA was signed. Unfortunately UPA lacked the numerical strength in the Lok Sabha. When it planned to place the bill in the parliament, the BJP, then in opposition, stiffly opposed the move. When the BJP-led NDA swept to power in 2014 with two third majority, Narendra Modi have to face the daunting task of passing the LBA Bill in parliament.

 After dilly-dallying for 41 years, the Indian parliament finally passed the Land Boundary Agreement (LBA) bill on May 7, 2015. The Lower House, showing rare unanimity, passed the constitution (119th Amendment) Bill to allow the operationalisation of the 1974 India-Bangladesh Land Boundary Agreement. The ratification of the LBA will open up a new era in Bangladesh-India relations. The implementation of the LBA is expected to help in improving the quality of life of 51,584 people who have been living in misery in the enclaves, deprived of their basic human rights.

Bangladesh and India formalised a Land Boundary Agreement after 41 years. The foreign secretaries of the two countries on June 6, 2015 signed a protocol and exchanged instruments of ratification to make operational the Land Boundary Agreement (LBA).

 Bangladesh and India formally exchanged 162 enclaves from July 31, 2015 midnight, ending nearly seven decade sufferings of the residents. Launching the exchange of 111 Indian and 51 Bangladeshi enclaves, the two countries will start implementing the historic Land Boundary Agreement (LBA), which the Indian parliament ratified earlier last month.

The representatives of the two governments shall conduct a joint visit to the enclose before July 31. July 31 midnight has been chosen as an "Appointed Day'.

 The Land Boundary Agreement will open a new era in BangladeshIndia relations. With the exchange of enclaves under the landmark Land Boundary Agreement (LBA) with India, Bangladesh is set to get 10,048 acres more lands from its next door neighbour. Bangladesh would get a total of 111 enclaves having 17,158 acres of land, while India would get 51 enclaves with 7,110 acres of lands. Prime Minister Sheikh Hasina said, "Bangladesh would reap benefits out of each of the agreements signed with India".

India has some strategic benefit from this agreement. First, there is no doubt that India sees the agreement as an opportunity to improve its regional image. It would be seen as a gesture of goodwill and would both improve the relation between India and Bangladesh and promote stability. It also promotes economic stability for India. In the past, for suspicion about India's foreign policy many countries have turned to China for trade. Gaining trust from surrounding countries and changing its diplomatic methods would see India in a position to challenge China and to recover markets it has lost due to its image.

 The LBA has put the Bangladesh-India relations on a higher trajectory. Now that a major dispute is resolved, Bangladesh will naturally focus on the Teesta Treaty. There are other issues and problems, as is normal between neighbouring countries. But with a friendly attitude such problems can be resolved peacefully and quickly.