International Border Disputes & Adverse
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INTERNATIONAL BORDER DISPUTES & ADVERSE-POSSESSIONS OF INDIA-BANGLADESH INTERNATIONAL BORDER LAND DISPUTE – INDIAN PAID TAX BUT BANGLADESHI GETS OWNERSHIP By SHIB SHANKAR CHATTERJEE 1 INTERNATIONAL BORDER DISPUTES & ADVERSE-POSSESSIONS OF INDIA-BANGLADESH INTERNATIONAL BORDER LAND DISPUTE – INDIAN PAID TAX BUT BANGLADESHI GETS OWNERSHIP By SHIB SHANKAR CHATTERJEE Sir Cyril Radcliff, the English gentleman, who headed the boundary commission during the partition of India in 1947, drew a straight line on a topographic map. As a result of this, hills, rivers, forests, human habitations, agricultural-fields, etcetera of India and Pakistan were tragically divided. It had a vast effect in the Eastern Indian region. That is, especially on the India-Bangladesh International Border, also known as the India Bangladesh International Boundary (IBIB). Earlier, Bangladesh was a part of East Bengal, known locally as – Purbo Bango or Purbo Bangla, which was later renamed East Pakistan, locally called – Purbo Pakistan [of West Pakistan, known as – Poshchim Pakistan] of the present Pakistan State, and then Bangladesh after 16th December, 1971. Neither India nor Bangladesh have done enough to get rid of the ‘ghost of Radcliff’. It is a fact that the international boundary demarcation in the Indian Subcontinent cuts across communities and tribes. The three major river systems, the Indus, the Ganges and the Brahmaputra, by cutting across the boundary-lines of India, Pakistan and Bangladesh have further exacerbated the tension between them resulting from disputes over the share of water. This particular international border touches five Indian states – Assam, Meghalaya, Tripura, Mizoram and West Bengal. Apart from that, there are a number of disputes and problems on the India Bangladesh International Border (IBIB), which still exist. These have occurred mainly due to the very nature of alignment of the international boundary, a thickly populated area, close to the zero-line of the international border, non- demarcation of a portion of the international boundary (of about 5,974-kilometres), non ratification of the international boundary and phenomena such as ‘Adverse Possession’, ‘Changing of the Course of River’, ‘Char (that is, River Island) land’ and ‘Enclaves.’ One very interesting fact is that there are also some places on the Indo-Bangla International Boundary, whose occupants are Bangladeshi but are usually governed by the Government of India and vice-versa. A unique example of this is ‘Pyrdiwah’ (locally known as, Padua, under East Khashi Hills district of Meghalaya State in Eastern India). Pyrdiwah is an ‘adverse possession of India in Bangladesh’, while on the other hand, ‘Boraibari’ is an ‘adverse-possession of Bangladesh in India’. Both hamlets are being positioned on Indo-Bangla international border. In the context IBIB, officials of the one of the elite forces of India, Border Security Force of India (BSFI) revealed, “There are various places along the demarcated India-Bangladesh International Border (which is called De-jure border), where the territory falls on the Indian part (which is actually the part of India) but under the occupation of Bangladesh and vice-versa. De-facto border does not coincide with the De-jure boundary. The places have fallen between De-jure and De-facto border is called adverse possessions (see sketch). Bangladesh Territory Under Adverse Possession of India BANGLADESH DE-JURE BDY DE-FACTO INDIA BDY Sketch : Border Security Force of India [BSFI], 1999 As stated by Article 02, 03 and 05 of the India-Bangladesh International (demarcation of) Land Boundary Pact-1974, ‘the lands held by adversely will have to be changed after the above noted pact (that is, international boundary agreement) has not only been okayed and signed (that is, admissible for both the above nations) but also aforesaid international border strip maps are drawn or made properly’. 2 Repetition of the condition, because, there have been several examples, where the peoples of Bangladesh and the frontier guard – Border Guards of Bangladesh (BGB), which was earlier known as Bangladesh Defence Rifles or Bangladesh Rifles (BDR) also have attempted to take control by force of adverse possessions, which are held by India. But, it is a fact that on the other hand, in consent of the international border pact between the above two nations, we haven’t meddled with our land held adversely by Bangladesh”. “It is a fact that the most important, critical and confusing problem of the Indo-Bangla international boundary was the presence of adverse possessions. The plots of land that lie in the international border have been cultivating by the peoples, who have been dwelling there since pre-independence. Therefore, it is very difficult to acquire those stretches of land and build International Barbed Wire Border Fence (IBWBF) and International Border Road (IBR) to prevent incessant illegal influx, smuggling, religious fundamental activities, anti-Indian activities and insurgency. These things are visible in many places of Assam, West-Bengal, Tripura and Meghalaya States of India. But, in these connections, Bangladesh Government referred the ‘accord of 1975’ to maintain status quo on adverse possessions and these small gaps, where IBWBF and IBR are unable to build due to insufficient ‘land’ (which is less than 150-yards or 137-metres)”, according to one of the officials of the Indian National Building Construction Corporation Limited (NBCCL), which is engaged to make the IBWBF and IBR in IBIB, in the Karimganj district of Indian State, Assam. Supporting the fact, another organization – Indian National Project Construction Corporation Limited (NPCCL), which is also involved in construction of the IBWBF and IBR in IBIB, pointed out, “Therefore, erecting IBWBF and building IBR along the international border areas are difficult problems. It could not be possible to make the IBWBF either depriving the Indian peoples of their respective lands or extricating the Bangladeshi nationals from the illegally occupied Indian lands, which is under adverse possessions of Bangladesh. If it happens, then it can create nothing but a bloody tussle”. However, in this matter, BSFI officials further stated, “We will carry out our duties overcoming all the problems. So, that our (that is, Indian) farmers could be allowed to do their duties in their respective plots of land, that is, passages in adverse possessions (at their own risk) through manned International Border Gates (IBGs)”. Unfortunately, the matter is not as simple, easy and clear, as it seems to be. Sentiment of the inhabitants is also a factor to be reckoned with here. The peoples residing on the international border (Khashi Tribe people in Meghalaya State, Assamese people in Assam State and Bengali people in West Bengal and Tripura States) desire to maintain their traditional life as they did in the past. “When the total length of the international border was measured all together, at that time the total amount of adversely held areas by Bangladesh and India was approximately 3,017.16 acres and 2,587.25 acres respectively (A list of Adverse Possessions of both countries are given below in Table-I & Table-II). About 52 pieces of land practically belong to Bangladesh but actually are in adverse possession of India, and about 49 pieces of land, that belong to India but are actually under the adverse possession of Bangladesh. These are small pieces of land, varying in size from 5 acres to 500 acres, created due to geographical, historical, political, social, cultural or other reasons, but remain in the possession of one country even through by physical demarcation they should be handed over to the other”, said experts. Another group of socio-political observers stated, “India seized 47 tracts of Bangladeshi land in adverse possession, while Bangladesh grabbed 43 tracts of land, which belong to India. That means, around 2,749.15 acres of land is in the adverse possession of Bangladesh (in other words, enclaves surrounded by Bangladeshi territory), while India possesses around 02,922.25 acres of land that lie in the adverse-possession”. “Except Adverse Possessions and 3 major disputed areas – (Dispute of Daikhata in Berubari Area under Indian State-West Bengal [opposite Nilphamari district of Bangladesh], Dispute of Lathitilla and Dumabaroi {which is locally called Dumabari} Area under Indian State-Assam [opposite Maulvibazar district of Bangladesh] and Dispute of Muhuri River under Indian State-Tripura [opposite Feni district of Bangladesh], with a total 5.974 kilometres out of) 4,096.70 kilometres international border between these two countries is clearly defined,” analysts said. 3 TABLE-I MAJOR DISPUTED AREAS BETWEEN INDIA & BANGLADESH SERIAL AREA NUMBER DISPUTED LAND AREAS INDIAN SIDE BANGLADESH SIDE (Kilometres) 01. DAIKHATA-BERUBARI Coochbehar District Nilphanmari District 1.500 of West Bengal State 02. LATHITILLA-DUMABAROI Karimganj District Maulvibazar District 2.874 of Assam State 03. MUHURI RIVER ISLAND South Tripura District Feni District 1.600 / 2.000 of Tripura State Total Disputed Areas 5.974 / 6.374 (Source : Border Security Force Of India [BSFI], 05th September, 2011) Earlier, India and Pakistan had already demarcated 3,000 kilometers out of 4,000 kilometers of international boundary in the east before 1971. But, after three years (in 1971), an agreement was reached between the then Prime Minister (PM) of India, Indira Gandhi and the then PM of Bangladesh, Sheikh Mujibar Rahman in 1974 (which is popularly