31ST JULY 2015 is the date marked for a major change in the geographical history of India and Bangladesh. At the stroke of midnight the enclaves also known as “chitmahals” shall stand exchanged on ‘as is where is’ basis. The recently ratified agreement between the two neighbors acknowledges the wishes of the people living in these enclaves and upon implementation will be a respite for the people suffering due to identity crisis since the independence.
HISTORY
These little territories are assumed to be the result of a confused outcome of a 1713 treaty between the Kingdom of Koch Bihar and the Mughal Empire .After the Radcliff line was drawn hastily and the due to ongoing tussle between India and Pakistan these issues of land were not never resolved; only after the Bangladesh became a separate state in 1974 the dialogues were properly started to find out a permanent solution. Agreement in1974 states that the two countries are expected to exchange territories in Adverse Possession in already demarcated areas. But that was not a practical solution as the enclaves concerned were so deep in land and were geographically difficult to access by the administrating state. Moreover the wishes of the people who had deep roots in areas were not taken care of.
Hence Over time, it became extremely difficult to implement the terms of 1974 LBA as it meant uprooting people living in the adverse possessions from the land in which they had lived all their lives and to which they had developed sentimental and religious attachments. Both India and Bangladesh therefore came up with 2011 protocol. The 2011 Protocol provides for redrawing of boundaries so that the adverse possessions do not have to be exchanged. It has dealt with them on an ‘as is where is’ basis by converting de facto control into de jure’ recognition. On 6 June 2015, Indian Prime Minister Narendra Modi ratified the agreement during his visit to the Bangladeshi capital Dhaka after it was passed by the parliament and president.
Hence Over time, it became extremely difficult to implement the terms of 1974 LBA as it meant uprooting people living in the adverse possessions from the land in which they had lived all their lives and to which they had developed sentimental and religious attachments. Both India and Bangladesh therefore came up with 2011 protocol. The 2011 Protocol provides for redrawing of boundaries so that the adverse possessions do not have to be exchanged. It has dealt with them on an ‘as is where is’ basis by converting de facto control into de jure’ recognition. On 6 June 2015, Indian Prime Minister Narendra Modi ratified the agreement during his visit to the Bangladeshi capital Dhaka after it was passed by the parliament and president.
PROVISIONS IN THE AGREEMENT
1) In implementing the Protocol, 111 Indian enclaves with a total area of 17,160.63 acres in Bangladesh are to be transferred to Bangladesh, while 51 Bangladesh enclaves with an area of 7,110.02 acres in India are to be transferred to India.
2) It appears though the India will be losing its land but exchange of enclaves and adverse possessions denotes only a notional exchange of land. The actual situation on the ground is that the enclaves are located deep inside the territory of both countries and there has been no physical access to them from either country. Thus the exchange of enclaves will only legalize a situation which already exists de facto.
3) The physical exchange of enclaves and land parcels in adverse possession and the boundary demarcation will be completed by 30 June 2016 by Survey Departments of the respective countries. The transfer of enclave residents is expected to be completed within 30 November 2015.
4) The demarcation will be done with help of state Govt. and surveying the wishes of the people .According to recently ended official nationality preference survey on Bangladesh’s side it is found that 1,027 out of around 37,369 had opted for Indian nationality from the recently swapped 111 Indian enclaves now located in Bangladesh. In case of India’s side, over 14,000 residents in 51 Bangladeshi enclaves transferred to India have opted to relocate to Bangladesh.
WHY WAS THIS AGREEMENT NEEDED AND WHAT WOULD BE ITS ADVANTAGES?
1) The inhabitants of the enclaves have not been able to enjoy full legal rights as citizens of either India or Bangladesh and proper facilities with regard to electricity, schools and health services since 1947.Now with the nationality benefit they will have access to them and live normal life like a proud citizen of any state.
2) Since the laws of the administrating state only applied to these enclaves one would commit crime in one country and take refuge in the enclaves and hence escape law.
3) With not properly defined law and order conditions,the smuggling activities were prominent here with unemployment being major reason for involvement .Now with resolving this issue the situation is ought to become better.
4) Hate crimes were a big problem for the people living in these areas; now being awarded the nationality the people can walk freely without any apprehensions of being tortured by locals or police.
5) Above all this settled long pending issue of the boundary between two peace loving neighbors and is certainly a big step in bringing harmony to Southern Asian region.
Author: Palak Tiwari, a freelancer writer based in Bhopal
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