BANGLADESH - INDIA LAND BORDER ISSUES AND MANAGEMENT

Brig Gen Abdus Salam Ch !dhur"# nd$ INTRODUCTION His% ri$al Ba$&gr und Bangladesh and India share more than 4000km of land boundary. The border cuts across heavily populated villages, market places, roads and railwaysand common agricultural lands. The international border, drawn during thepartition of India in 1 4!, divides a contiguous landscape and a population that was integrated and interdependent for centuries. The highly porous and often indistinguishable Indo"Bangladesh border gave rise to a number of issuesthat often vitiated friendly relations between the two neighbours. #ore importantly, millions of people living on either sides of the border continue to suffer economic hardships and physical restrictions due to fre$uent incidents along the border. %hile bureaucrats and policymakers in faraway capitals harangue on semantics, the people living in the border areas continue to be neglected. The writer, in his paper wants to bring these people in the focus. &e argues that early settlement of the outstanding border issues and formulation of a people"friendly border management policy will promote inter"state relations, boost economic activities between the two countries and above all, bring succour to people living along the border belt. ' peaceful and friendly border definitely serves the interest of both the countries. (uring British colonial rule, Bangladesh was a part of the province of Bengal, e)cept for the district of *ylhet, which was then in the province of 'ssam. Because of the partition of India in 'ugust 1 4!, the eastern part of Bengal and the district of *ylhet together made up +ast ,akistan, later day Bangladesh. The Boundary -ommission, led by *ir -yril .adcliff, a British /udge, drew the 4,101 2m border between India and +ast ,akistan. The border cuts across rivers and canals, villages and markets, agricultural lands and tropical forests. There are hardly any distinguishing geographical features marking the border. 3ver the last 00 years, almost the whole length of the border has been demarcated4 this was a &erculean task indeed. &owever, few kilometres of undemarcated stretches remain as sources of misunderstanding and tension between the two neighbours. In addition, there are a number of enclaves and adversely possessed land 5',67, again relics of our colonial past, which remain unresolved. The two countries share one of the most porous borders in the world. Bangladesh .ifles 5B(.7 and the Border *ecurity 8orce 5B*87 of India guard the borders on either side. These forces are to ensure proper management of the international boundary, check smuggling and illegal trafficking and ensure peace and tran$uillity along the border belt.

Curren% B rder Issues 8rom Bangladesh9s point of view, human, arms and drug trafficking, increasing smuggling of goods into Bangladesh, and fre$uent and unprovoked firings by the B*8 on Bangladeshi villagers living close to the border are ma:or sources of concern. 8rom India9s point of view, alleged cross" border migration of Bangladeshis into India, and oft"repeated charges that the insurgents of India9s ;orth +astern states are using Bangladesh territory as sanctuary are ma:or impediments to better Indo"Bangladesh relations. <nresolved boundary issues are, no doubt, obstacles to orderly and peaceful management of the borders. ,roper management of the border will ensure friendlier relation between the two neighbours. It is in the long"term interest of both Bangladesh and India that the border remain peaceful, that the people living in the border areas carry on their normal life without hindrance and restrictions, illegal trafficking in all forms are curbed and that legal trade and commerce flourish. The Indo" Bangladesh border management issue has technical, organisational, financial and political dimensions involving both countries. The future of Indo" Bangladesh relations hinges largely on this issue. Aim The aim of this paper is to e)amine ways to resolve outstanding border issues between Bangladesh and India, and improve working procedures among government agencies deployed on the border so that bilateral relations between the two countries improve. S$ 'e This paper will study the day"to"day management of Bangladesh"India borders and the progress made so far in resolving the e)isting land boundary disputes. It will e)amine e)isting legal and official procedures and study how best to improve those. The paper will concentrate on how to make B(. more effective by restructuring the forces, as well as providing them with effective legal tools. It will e)amine how to encourage people9s participation in the management of the border. The paper will then recommend a set of measures aimed to improve the management of the Bangladesh"India border.

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Bangladesh - India Land Border Issue and Management

MANAGEMENT O( BANGLADESH-INDIA BORDER The ) in% Guidelines and %he Managemen% Issues The B(. and B*8 operate under :oint"guidelines for management of the Bangladesh"India borders. These guidelines set the ground"rules for day"to"day management so that both the forces can operate in close pro)imity of each other with friendly and good neighbourly spirit. >/oint India"Bangladesh ?uidelines 5/IB?7 for Border 'uthorities> came into effect in 1 !0. The :oint guidelines identified problems and causes of incidents of firing by the security forces that have become regular features in the Bangladesh"India border. /IB? has identified the following as being the main causes for friction among the two frontier forces@ a. <nauthorised movements of persons across the border. b. Inadvertent crossing of land and river boundaries. c. *muggling. d. ,rivate claims over land, cattle, fisheries etc. e. The possibility of a clash between the border forces of Bangladesh and India, when forces reach the borderline in hot pursuit of criminals. f. Traffic in illicit arms and ammunition. g. Border crimes, particularly armed robbery, cattle lifting, kidnapping etc. The main causes identified that could lead to clashes were as follows@ a. 6ack of knowledge among the forces as well as nationals of both countries in identifying international boundaries. b. -ultivation of land where the boundary crosses the course of a river and when part of an individual9s land is on the side of the river owned by the other country. c. 8ormation of char land in the bed of the river or as an accretion to the main land. d. 8ishing and navigational disputes. e. -attle lifting and trespassing. f. 'ttempts by local people to take over the ',6 during :oint boundary demarcation along the borders.

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1. 'uthor9s discussion with a senior official of B(.

In addition, the /IB? emphasises strict check, regular and fre$uent contacts and the e)change of information and intelligence at appropriate levels between border authorities in order to contain smuggling and cross"border criminal activities or untoward incidents at the borders. 3n border problems, the /IB? suggests settlement of disputes through mutual consultation by border district authorities. %here local authorities are not able to resolve the issue, they should refer the matter to the respective ?overnments. The *ectorA BattalionA-ompany A ,ost -ommanders or e$uivalent ranks in the ,olice are to receive all complaints regarding title to any land or immovable property on the other side of the border. This will also be applicable in the case of char lands, navigation facilities and difficulties in harvesting. They will hold a :oint en$uiry within B4 hours of the complaint received. /IB? has also incorporated a few simple rules to avoid untoward incidents. They are@ a. In case of missing international boundary pillars, both sides should decide an easily identifiable working boundary without pre:udice to the de :ure boundary. b. ;either side will have permanent or temporary border security forces or any other armed personnel within 100 yards on either side of the real or working boundary line. ;o one will construct permanent posts until the completion of the final demarcation. c. Border forces will prevent entry of armed civilians within C00 yards of either side of the borders. d. 8orces will establish :oint checks on the bank, if possible, or in the main channel, wherever the boundary, working or real, runs through the mid"stream of a river. The /IB? emphasises close communications between the border forces of the two countries. It stipulates two meetings in a year between the (irector ?enerals 5(?7 of B(. and B*8, alternating between (haka and (elhi. It also stipulates four meetings a year at (eputy (irector ?eneral 5((?7 level, alternating between sites in Bangladesh and India, and regular meetings at *ector and Battalion -ommanders level. /IB? also stresses that whenever either side calls for a contact on the border, the other side must reciprocate immediately. *o far the proceedings of the meetings reveal that there has been no substantial change in the agenda through the years. 1 'lso, many mutually agreed decisions had not been implemented.

Bangladesh - India Land Border Issue and Management

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B rder In$iden%s (espite comprehensive :oint guidelines, the Bangladesh"India border has continued to remain a source of tension and irritants since 1 !1. ,roblems persist, and the causes leading to incidents of firing and border skirmishes identified in the /IB? have not changed or disappeared. 3ften Bangladeshi villagers living in border areas try to cross the border illegally to meet relatives across the border in India, become victims of shooting by the B*8. #oreover, due to ignorance about > ;o #an9s 6and>, many villagers stray into these areas to collect firewood, for e)ample, leading to firing incidents. -omple) visa granting procedures between India and Bangladesh encourage people to cross the border illegally. This often results in firing incidents. 'nne) ' shows the details of firing incidents from 1 !1 to B001. It is evident from 'nne) ' that border incidents are on the increase. The number was much less during the ,akistan period, providing a sad spectacle of Indo"Bangladesh relations. The Indian press has commented that the situation at the border around Bangladesh has worsened due to deployment of B*8 personnel of non"Bengali origin who cannot communicate with the locals and have no idea about the social set up of Bengali societies in the border areas. B*8 units returning from Indo",ak border and 2ashmir etc view the Bangladesh border with the same trigger"happy suspicion. B*8 contingents composed of Bengali speaking soldiers would make a difference. B -itiDens across the border, who are badly affected by fre$uent firing incidents, especially those from %est Bengal have demanded that B*8 forces along Indo"Bangladesh borders should be mainly Bengali speaking as was the case prior to 1 !1. C Smuggling and Human Tra**i$&ing A$r ss %he B rder 'long with firing and other untoward incidents, smuggling is on the rise as well. 8ood grain, sugar, te)tile, machinery and many other commodities worth millions of Takas are smuggled into Bangladesh. ' survey conducted by the Bangladesh <nnayan ,arishad 5B<,7, an ;?3, revealed that, on average, commodities worth Taka =CB.B million are smuggled every month into Bangladesh from India. The annual seiDure statements from B(. also help in assessing smuggling trends. The seiDure statement for the period from 1 !1 to B001 is shown in 'nne) B. %hile there is no reliable data on women and child trafficking from Bangladesh, it has been estimated in surveys done by the ;?3s that B00"400

B. The Times of India News Service, B0 'pril B001

C. 'lok 2umar ?upta and *aswati -handa, "India and Bangladesh: Enclaves Dispute" in http@AAwww.ipcs.org

young women and children are trafficked every month to India and beyond..esearch has shown that traffickers use border enclaves as collection points. 4 'lthough Bangladesh and India, along with other *''.- countries, have signed an agreement on child and women trafficking in 1 !, B(. and B*8 do not have any :oint action programme to prevent trafficking. 'long with human trafficking, arms and drug smuggling are also on the rise. (ue to insurgencies in ;orth +ast India, Bangladesh has become a market for trafficking in arms and ammunition. Bangladesh has also become a thriving market for illicit Indian drugs and our young people are the victims of this trade. The fre$uent seiDure of contraband Indian 9,hensidyl9 by law enforcing agencies in Bangladesh reveals the e)tent of cross"border drug trade. Though these issues were raised during the B(."B*8 (? level border conference held in 3ctober B000, mechanisms to combat drug trafficking were not put in place. 0 Indian G +ernmen%,s Res' nse The Indian ?overnment9s reaction to cross"border movement of people has been to erect a barbed"wire fence along the Bangladesh"India border. The barbed wired border is a sign of distrust and low confidence between two friendly neighbours. The issue of fencing again came to the forefront recently, when the Tripura *tate ?overnment urged (elhi to sanction funds for the fencing of some B00 km of the border. The intention according to the Tripura ?overnment was to help check cross"border movements of militants, who seek sanctuary in Bangladesh. 1 such fencing separates a society that has been together for centuries. This measure is e$ually unpopular among people living on both sides of the border. BORDER DIS-UTE SETTLEMENT -ROCESS T"'es * B rder Dis'u%es There are three kinds of land border disputes with India@ a. <ndemarcated border b. +nclaves c. 'dversely ,ossessed 6and 5',67 Undemar$a%ed B rder 3f more than 4000 km Bangladesh"India borders, 1.0 km are yet to be demarcated. 3f these, 1.0 km lies in (aikhata under ,anchagarh (istrict4 B km lies in the areas ad:acent to #uhuri .iver under 8eni (istrict and C km in

4. The Daily Star, (haka, B0 /anuary B00B 0. The Daily Star, (haka, B1 3ctober B00B 1. The Daily Star, (haka, 10 8ebruary B001

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Bangladesh - India Land Border Issue and Management

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6athitila"(umabari under #oulavibaDar (istrict. ! 'll these stretches remain undemarcated because of differing technical positions taken by India and Bangladesh. 'mong those, #uhurir -har is the most talked about issue in Bangladesh"India border dispute. In the #uhuri .iver area, India relies on 'rticle 1507= of India"Bangladesh 6and Border 'greement 56B'7 signed in 1 !4. %hile India9s position is that #uhuri .iver should be kept separate from the remaining portion of the Tripura";oakhaliA-omilla sector, where demarcation was to be done on the basis of -hakla" .oshnabad +state #aps of 1 10"1 1=, Bangladesh considers -hakla".oshnabad +state -* #ap to be the most relevant document in determining the two points of the #uhuri .iver between which the mid"stream would form the boundary between Bangladesh and India. Bangladesh also argues that since the ;oakhaliA-omilla"Tripura sectors were demarcated according to the -hakla" .oshnabad +state -* #ap in 1= B" , the demarcation of the #uhuri .iver, which is geographically located in the ;oakhali sector, should be based on the -hakla".oshnabad +state -* #ap. *imilar differences in technical approaches are visible in the demarcation of 6athitilla" (umabari boundary. Thus the first meeting of /B%? held in (haka in /uly B001 ended in a stalemate. The second meeting, which was due on B1"B! #arch B00B in ;ew (elhi, has not taken place till the writing of this paper in mid B00B. En$la+es The problem of enclaves is a legacy from the days of princely states in British India. In 1 4!, the #ahara:a of -ooch Bihar opted for the Indian <nion and the neighbouring districts of .angpur and (ina:pur came to +ast ,akistan. This resulted in the appearance of a number of Indian enclaves inside ,akistan and a number of ,akistani enclaves inside India. In the early days after partition, residents of these enclaves moved freely to their respective mainland, but tension between India and ,akistan led to increasing restriction on such movement. Bangladesh inherited the problem in 1 !1. 's per an agreed list of enclaves signed in 'pril 1 ! at the level of (irector ?eneral 6and .ecord E *urvey 5(?6. E *7, Bangladesh and (6.*, India, Bangladesh has 01 enclaves inside India with an area of !,110 acres and India has 111 enclaves inside Bangladesh with an area of 1!,10= acres.

!. The Daily rothom !lo, (haka, B1 'pril B001 =. >The boundary in this area 5#uhuri .iver7 should be demarcated along the mid"stream of the course of #uhuri .iver at the time of demarcation. The boundary will be fi)ed boundary. The two governments should raise embankments on their respective sides with a view to stabilising the river in its present course.> . "Technical "or#ing aper" for the Bangladesh (elegation to the *econd #eeting of the Bangladesh"India /oint Boundary %orking ?roup, p.4

'rticle 151B7 and 'rticle C of the 6and Boundary 'greement 56B'7 of 1 !4 envisage that Bangladeshi enclaves in India and Indian enclaves in Bangladesh should be e)changed e)peditiously and people in the enclaves offered a choice of citiDenship. In accordance with the agreement, Bangladesh has handed over the Berubari enclave to India. India had pledged to return in e)change a land corridor measuring 1!=F=0 meters to reach the (ahagram" 'ngorpata enclave of Bangladesh. &owever, India has never opened the corridor to Bangladesh giving the prete)t of legal complications. 'fter protracted negotiations, on B1 /une 1 1 India agreed to keep the corridor open every alternate hour during daytime. 8inally, on 1B 'ug B001 India declared that the corridor would remain open for 1B hours from dawn to dusk. Bangladesh is still pursuing to keep the corridor open for B4 hours. 'lthough the Indian ?overnment regularly declares its intention to e)change the enclaves in accordance 6B'"1 !4, their policymakers say that the e)change of enclaves re$uire amending their -onstitution for ratification of the treaty. 'fter a passage of a $uarter century, the agreement is still awaiting ratification by the Indian ,arliament. Bangladesh argues that since India was a signatory to the ;ehru" ;oon 'greement of 1 0= and the th amendment of the Indian -onstitution ratified the agreement, the -onstitution does not need further amendment to ratify 6B' " 1 !4. This legal dillydallying by India is a barrier towards building trust and confidence between the two neighbours. #eanwhile, residents of the enclaves of both countries face enormous hardships because of fre$uent shooting incidents, poor law and order situation and a general state of uncertainty and deprivation. Ad+ersel" - ssessed Land. 'dversely possessed land 5',67 is another legacy of partition. *ince 1 4! about C,000 acres of Bangladesh land is in India9s possession and about C000 acres of Indian land is in Bangladesh9s possession in different sectors of the border. 10 The issue of ',6 has remained unresolved for the last B0 years because of the differing interpretations by India and Bangladesh of the formula of the transfer. <nresolved ',6 issues contribute to fre$uent border incidents. The Baraibari border clash on 1= 'pril B000 left C B(. and 11 B*8 men dead in the worst border fracas in the C0 years of Bangladesh9s independence. 3ne positive outcome of this unfortunate incident was that it was a chilling reminder to the Indian policy makers of the urgency of settling the border issues with Bangladesh.11 In nearly one hundred border incidents in B000, 4! Bangladeshis

10. The Daily Star, (haka, BC 3ctober 1

11. ,rakash *ingh, 8ormer (?, B*8, in an interview with The Sunday Times of India, BB 'pril B001

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Bangladesh - India Land Border Issue and Management

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were killed and == were abducted either by B*8 or by armed gangs from India, while 11 Indians were killed along different border points. 1B <ntil 1 , the two countries held 141 bilateral meetings at different official levels to diffuse border related tensions. Indian officials admit that non"ratification of the #u:ib"Indira 'greement i.e. 6B'"1 !4 is the prime cause of border tension.1C 56B'"1 !4 is in 'nne) -7. 't the 8oreign *ecretary level meeting held in B000, two /oint %orking ?roups were formed to deal with unresolved border issues. The progress that has been made so far is the drafting of the Terms of .eference by India in 8ebruary B001. The compulsions of realpolitik and diplomacy demand that India opt for a speedy solution of the border issue. 14 Thus, activities in this regard were geared up and both the working groups have submitted proceedings to their respective governments recently, though results are yet to be made public. 10 #any opportunities of putting Bangladesh"India relations on the right track have been lost. 'fter the restoration of democracy in Bangladesh, the signing of the ?anges %ater Treaty and the -hittagong &ill Tracts 'ccord, there is nothing of substance that obstructs making bilateral relations between Bangladesh and India among the best in the world. The Indian ?overnment often views Bangladesh in a negative manner. The media generally ignores Bangladesh. &owever, Bangladesh, when it does appear in the media, it is mainly in reference to the insurgency in the northeast, religious fundamentalism or so"called I*I activities. *eldom, if ever, does the Indian media write about the achievements and aspirations of Bangladeshi people. They conveniently ignore the fact that Bangladesh is a GC" billion market for Indian goods and services, the single biggest trading partner in the developing world. ANTI-SMUGGLING O-ERATIONS/ ROLE O( BDR An%i-smuggling O'era%i ns B(. forces total about 40,000, organised in 11 operational sectors, 41 battalions that staff 0B0 Border 3utposts 5B3,s7. In addition to maintaining the security of the border, B(. is responsible for checking smuggling across the border. -ustoms 'ct 1 1 has empowered the B(. to seiDeAsearch and arrest

1B. .eport compiled by $esearch and Documentation %nits of 'in"o"*alish 2endra, a &uman .ights 3rganisation 1C. The Daily Star, (haka, B 3ctober 1

14. *iddharth Haradar:an, (eputy Bureau -hief of the Times of India, in an interview with The Sunday Times of India, BB 'pril B001 10. -ol 2han 'hmed <llah Imam, (irector 3peration E Training, B(. during a telephonic interview with BB- .adio on 00 'ugust B00B

smugglers within 0 miles of the border. 11 The ?overnment of Bangladesh in 1 !C has empowered all members of B(. deployed in the border areas to be officers of customs. &owever, B(. cannot operate unilaterally beyond 0 miles from the border. 3perations beyond 0 miles of the border re$uire presence of a ,olice officer or a #agistrate. This curbs the initiative of B(.4 smugglers, in turn, e)ploit this situation. The smugglers only re$uire to cross 0 miles from the border to be outside the :urisdiction of the B(.. 'lthough the B(. is legally empowered, it lacks human and material resources to keep a sharp watch over the 4000 km long frontiers. The force is at least C0I deficient in strength to the task. 's such, vast stretches of the border remain thinly guarded. In the rugged mountainous :ungles of the -hittagong &ill Tracts, the thinly guarded frontier is a threat to the security and sovereignty of the country. 'n estimate shows that the B(. needs at least B0 additional battalions with four sector head$uarters. The ?overnment has agreed to a proposal to raise the re$uired forces in phases. The &ome #inistry has sanctioned two more battalions and 10 more B3,s to raise the capability of the B(.. 'lthough the B(. is fully committed to the protection of border and prevention of smuggling, they are often called out to restore law and order, ensure peaceful elections, and provide post"disaster relief and perform many other tasks. It is worth mentioning that appro)imately 1A0th of the total force remain on patrol in the border areas at any time of the day or night.1! -ommunication and distance between B3,s are important factors that affect operational capability. 3n the average, the distance between one B3, and another varies from 10 to B0 km. .oad conditions are deplorable and in some cases road does not e)ist. 8rom a B3,, one may have to travel a long distance going back to the main road, which runs parallel to the border, and travel same distance to reach another B3,. This is because there is hardly any lateral road to connect one B3, to another. %e need to construct lateral roads as a part of long"term plan that will not only reduce distance between the B3,s, but also increase the operational capability of the B(. and all other agencies involved in border duties. GROUND REALITIES IN THE BORDER AREAS AND O-TIONS (OR CHANGE Border regions are often far"flung areas, deprived of the mainstream development activities of the ?overnment. The standard of living near the international border is generally lower than in the rest of the country. The border drawn in 1 4! cut an integrated economy into two. .ail and road

11. 'uthorJs discussion with a senior official of B(. 1!. ibid

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Bangladesh - India Land Border Issue and Management

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-ommunications were snapped in many places. In fact, the boundary sliced through the lifeline of Bengal. The villagers found themselves cut"off from their land and placed on the opposite side of an international boundary. 1= -yril .adcliffe, the -hairman of the Boundary -ommissions for Bengal and ,un:ab, held no public hearing and took little consideration of the economic, cultural, social and historic linkages that Bengal had developed over the centuries. 1 ;one of the three #uslim members representing ,akistan in the -ommission were from +astern Bengal. B0 The legacy of disputes along India"Bangladesh borders was once borne by ,akistan and now by Bangladesh. 3n Bangladesh"India borders, #r. ..;. Bhattacharya, e) I?, B*8 has made the following comment@ >It9s the most artificial border in the world.> To substantiate his comment, he read a report on a group wedding, celebrated in a %est Bengal village, where three brides and two grooms were from India and three grooms and two brides from Bangladesh. B1 These are the social realities that policy makers have to keep in mind if they are to make positive and effective steps to improve Bangladesh" India relations. In recent years, there has been a fundamental shift in the life of many border regions. In +urope, for e)ample, national borders in the traditional sense have all but disappeared. The borders of <*'"#e)ico, -anada"<*', -hina" ;epal, -hina"#yanmar, #alaysia"Indonesia, India" #yanmar etc have evolved from the traditional barrier role to that of a Done of cooperation. Border regions have achieved increased political autonomy and greater participation in the formulation of national policies that influence border Dones. (espite economic, administrative, cultural and other asymmetries, there are ample opportunities for trans"border cooperation between Bangladesh and India at the local level. In some cases, border regions have become the catalyst of interaction and cooperation between neighbouring nations. 8or e)ample, the state of Tripura, which shares == km"long borders with Bangladesh, is most porous4 people from both sides cross almost daily. In this era of globaliDation, rela)ing tariff barriers and facilitating informal trade between two countries may be relevant. It will not only improve conditions of life of the citiDens of the border areas, but also reduce trans"border crimes. +asier movement of people between the two countries will help ordinary people. 8or e)ample, health"care facilities in 'gartala are good. &ospitals in

1=. -haudhury #uhammad 'li, The Emergence of a#istan, 6ahore, ,akistan, 1 ==, pp. B0C"B04

1 . -haudhury, op.cit, p. B0 B0. 'bu *aleh #ohammad 'kram and *. '. .ahman 5both from %est ,akistan7 on behalf of ,akistan and #ehr -hand #aha:an on behalf of India were the members of the Bengal Boundary -ommission.
B1. #aseeh .ahman, ""agah & Separated at Birth" %eekly Time #agaDine, Hol. 100, ;o. 1, 'ugust 11 1 !, p. 4C

1=

'gartala can cater to the needs of the people of Tripura and nearby Bangladeshi towns such as Brahmanbaria. The facilities in far"flung areas of the state are not at par with 'gartala. Therefore, people from ;orth Tripura would rather go to *ilchar in *outhern 'ssam for treatment, as *ilchar has a number of private clinics and a #edical -ollege &ospital. *imilarly, people from southern districts, and especially from the Belonia area, prefer to come to 8eni for treatment. 8or patients in the *ylhet area, going to ?uwahati would be easier than traveling to (haka. ?uwahati, 'ssam9s capital, has some of the most advanced hospitals and $ualified doctors in eastern India. ?uwahati can be a good alternative to 2olkata for medical care. BB Bangladesh"India border management talks, which is now twodimensional i.e. between officials of the two governments, need to be threedimensional i.e. the people of the border region must be included in any settlement. 3ften the view from far away capitals is different from ground realities. ,eople9s perception of priorities and those of the policy makers may not be the same. ,eople9s participation in border management issues will complement official efforts of promoting peace and harmony among the people living on both sides of the border, increasing legal trade while curbing all sorts of illegal activities. %hen people residing in the bordering areas set the pace of friendly cooperation, it encourages policy makers to look for cooperative models of security by eschewing adversarial frame of reference in negotiations. CONCLUSIONS 8rom India9s point of view, there are three ma:or irritants in Bangladesh" India relations. These are@ a. Insurgents from ;ortheast India using Bangladesh territory as a sanctuary to launch terrorist campaigns against India. b. -ross border migration from Bangladesh to the bordering states of India. c. Inter *ervice Intelligence 5I*I7 of ,akistan engaged in Bangladesh in anti"India activities. India has raised these issues on several occasions at different official meetings. Bangladesh has always denied these allegations. 8rom Bangladesh9s point of view, human and drug trafficking, smuggling of small arms and ammunitions, increased smuggling in goods, fre$uent clashes with the B*8 and unprovoked firing leading to death of innocent citiDens are the

BB. 8acts are taken from the personal interview with 'nirban .oy, *enior reporter, &industan Times, e"mail@ anirbanB0Kyahoo.co.uk. Bangladesh - India Land Border Issue and Management

ma:or sources of concern. India has resorted to the policy of erecting barbedwire fence along the border. Bangladesh considers this an unfriendly act and a gross violation of border agreements. Bangladesh"India border disputes emanate from the fact that an e)ternal agency superimposed the boundary line on a contiguous geographical landscape that shares many common historic, cultural, social and economic ties. &ad India ratified 6B'"1 !4, the issues of enclaves, ',6s and demarcation of the border would have been solved a long time ago. The formation of /oint Border %orking ?roups 5/B%?7 in B001 is a step in the right direction. ,ending ratification of 6B'" 1 !4 by the Indian ,arliament, both countries could go ahead with the unfinished demarcation work, as well as start a process of e)change of ',6s in the light of the recommendations by the /B%?s. The /oint Boundary ?uidelines provide for settlement of dispute by mutual consultation at the district level. The matter is to be referred to the ?overnment in case the district authority fails to reach a solution. ;evertheless, in practice, local participation is badly lacking4 ?overnment intervenes in most decision"making. But it is imperative that local participation in the bordering areas be encouraged, as this would add a new dimension to peaceful border management. The B(. needs to be strengthened operationally, logistically and legally in order to check smuggling. 'lso legal trade between India and Bangladesh needs to be encouraged by removing all kinds of bureaucratic impediments. Border forces on both sides need to patrol together and e)change intelligence in order to curb arms, drugs and human trafficking. %e need to remove the adversarial relationship that now e)ists between the two border forces. RECOMMENDATIONS In the light of the above discussion, Bangladesh and India could take a number of steps at various levels to improve Trans"Border -ooperation, settle disputes and ensure a peaceful border between the two countries. *ome of these measures are@ a. Improvement of infrastructure and organisational capacity of concerned agencies like B(., -ustoms, and ,olice etc. to manage the borders more efficiently. b. -onducting of :oint training of the government agencies working in bordering regions. c. +nhancement of co"operation between B(. and B*8 in areas such as

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e)change of intelligence, arranging of :oint patrol of the borders to stop trafficking, smuggling and cattle lifting etc.
Bangladesh - India Land Border Issue and Management

d. 3rganising sports competitions between the two border forces as well as between people on both sides of the border to erase the adversarial image that persists and help build mutual trust and confidence. e. .eview of visa regime and rela)ing of conditions for cross border movements of citiDens of both countries. -reation of a special Transit ,ass for people of border areas. f. -reation of conditions for easier legal trade, rationalising of tariff barriers and removing bureaucratic bottlenecks. g. Including local leaders of the bordering regions in (ispute -onciliation -ommittee or Border 6iaison -ommittee. /B%? can share and e)change views with the committee to settle boundary and other related disputes. h. -reation of Trans"Border co"operation over issues that are nonconflicting in nature, such as environmental degradation, arsenic pollution, disease control etc, which would eventually contribute to building confidence between the two countries. :. #otivating the media so that the negative media campaign against each other is curbed, and wide coverage given to positive stories from the neighboring country.

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Bangladesh - India Land Border Issue and Management

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1. The following is the te)t of the agreement between the ?overnment of the ,eoples .epublic of Bangladesh and the ?overnment of the .epublic of India concerning the demarcation of the land boundary between Bangladesh and India and related matters@ a. The ?overnment of the ,eoples .epublic of Bangladesh and the ?overnment of the .epublic of India. b. Bearing in mind the friendly relation e)isting between the two countries. c. (esiring to define more accurately at certain points and to complete the demarcation of the land boundary between Bangladesh and India. &ave agreed as follows@ ARTICLE-0 B. The land boundary between Bangladesh and India in the areas mentioned below shall be demarcated in the following manner@ a. #iDoram"Bangladesh *ector. (emarcation should be complete on the basis of the latest pre" partition notifications and records. b. Tripura"*ylhet *ector. (emarcation, which is already in progress in this area on the agreed basis, should be completed as early as possible. """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" e. #uhuri .iver 5Belonia7 *ector. The boundary in this area should be demarcated along the mid" stream of the course of #uhuri .iver at the time of demarcation. This boundary will be fi)ed boundary. The two ?overnments should raise embankments on their respective sides with a view to stabiliDing the river in its present course. f. .emaining ,ortion of Tripura";oakhaliA-omilla *ector. The demarcation in this sector should be completed on the basis of -hakla" .oshanabad +state #aps of 1= B"1= 4 and the (istrict *ettlement #aps of 1 10"1 1= for areas not covered by the -hakla".oshanabad #aps. g. 8enny .iver. The boundary should be demarcated along the mid"stream

Bangladesh - India Land Border Issue and Management

of the course at the time of demarcation of that branch of the 8enny .iver indicated as the 8enny .iver on *urvey of India #ap *heet ;o. ! #A10, 1st +dition 1 C0 till it :oins the stream shown as 'salong - on the said #ap. 8rom that point on, down stream, the boundary should be demarcated along the mid"stream of the course of the 8enny .iver at the time of demarcation of the boundary. The boundary in this sector will be a fi)ed boundary. """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" :. BeanibaDar"2arimagan: *ector. The undemarcated portion of the boundary west of <mapati village should be demarcated in accordance with the agreed basis of demarcation leaving <mapati village in India. """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" m. +nclaves. The Indian enclaves in Bangladesh and the Bangladesh enclaves in India should be e)changed e)peditiously, e)cepting the enclaves mentioned in paragraph 14 without claim to compensation for the additional area going to Bangladesh. o. Berubari. India will retain the southern half of *outh Berubari <nion ;o. 1B and the ad:acent enclaves, measuring an area of B.14 s$uare miles appro)imately and in e)change Bangladesh will retain the (ahagram and 'ngarpota enclaves. India will lease in perpetuity to Bangladesh an area of 1!= meters ) =0 meters near 9Tin Bigha9 to connect (ahagram with ,anbari #ouDa 5,.*. ,atgram7 of Bangladesh. p. 6athitila"(umabari. 8rom point 9L9 5the last demarcated boundary pillar position7, the boundary shall run southwards along the ,atharia &ills .8 boundary up to the point where it meets the western boundary of (umabari #ouDa. Thence, along the same mouDa boundary up to the tri":unction of mouDas (umabari, 6athitilla and Bara ,utnigaon through the :unction of the two mouDas (umabari and 6athitila. 8rom this point, it shall run along the shortest distance to meet the mid"stream of ,utni -hara. Thence it shall run generally *outhwards along the mid" stream of the course of ,utni -hara at the time of demarcation, till it meets the boundary between *ylhet 5Bangladesh7 and Tripura 5India7. ARTICLE-1 C. The ?overnments of Bangladesh and India agree that territories in 'dverse possession in areas already demarcated in respect of which boundary strip maps are already prepared, shall be e)changed within si) months of the signing of the boundary strip maps by the plenipotentiaries. They may sign the relevant maps as early as possible 5the following words inside bracket and underlined were substituted by the words which follow outside the bracket and in any case not latter than C1st (ecember 1 !47 MMM after this agreement has been ratified by the two ?overnments.

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+arly measures may be taken to print maps in respect of other areas where demarcation has already taken place. These should be printed by C1st #ay 1 !0 and signed by the plenipotentiaries thereafter in order that the e)change of adversely held possession in these areas may take place by the C1st (ecember 1 !0. In sectors still to be demarcated, transfer of territorial :urisdiction may take place within si) months of the signature by plenipotentiaries on the concerned boundary strip maps. ARTICLE-2 4. The ?overnment of Bangladesh and India agree 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. ,ending demarcation of the boundary and e)change of territory by mutual agreement, there should be no disturbance of the status $uo and peaceful conditions shall be maintained in the border regions. ;ecessary instructions in this regard shall be issued to the local authorities on the border by the two countries. ARTICLE-3 0. The ?overnment of Bangladesh and India agree that any dispute concerning the interpretation or implementation of this agreement shall be settled peacefully through mutual consultations. ARTICLE-4 1. This agreement shall be sub:ect to ratification by the ?overnment of Bangladesh and India and Instruments of .atification shall be e)changed as early as possible. The agreement shall take effect from the date of the e)change of the instruments of ratification. *igned in ;ew (elhi on #ay 11, 1 !4 in two originals each of which is e$ually authentic. 8or the ?overnment of the 8or the ?overnment of the ,eoples .epublic of Bangladesh .epublic of India 5*&+I2& #</IB<. .'&#';7 5 I;(I.' ?';(&I7 ,rime #inister of Bangladesh ,rime #inister of India

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Bangladesh - India Land Border Issue and Management

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Author: Brigadier ?eneral 'bdus *alam -howdhury was commissioned in the +ast Bengal .egiment in ;ovember 1 !0. &e held a variety of command and staff appointments4 notably command of two infantry brigades in 2aptai and 2hagrachari &ill (istricts. &e attended midlevel Tactics -ourse at 'rmy -ommand -ollege, ;an:ing, -hina in 1 C. &e participated in <; #ission &aiti in 1 4. ,rior to :oining the ;ational (efence -ollege, he was (eputy (irector ?eneral of Bangladesh .ifles 5B(.7, a ,ara #ilitary 8orce. &e is a graduate of ;ational (efence -ourse B00B.

Two farmers from a village in Bongaon district return from their field through the gates manned by the BSF, which are closed from dusk to dawn.

In through the out door

About 100,000 Indian citizens live and farm on the 150-yard patch of land hugging the
international border (Zero ine! "ith #angladesh in the eastern sector$ %ome 1&' villages might be on the "rong side of the fence once the "or( is completed$ )irapada no" faces the blea( prospect of living fenced out from the Indian mainland li(e a prisoner in his o"n country, at the mercy of the *uslim-ma+ority #angladeshis from "hom he fled 50 years ago$ ,f having to pass through the #%--manned gates along the upcoming fence at fi.ed hours each time he "ants to move into or out of his village or farm$ /0hy can/t they fence along the Zero ine so that "e can live in the mainland li(e any other Indian1/ as(s )irapada, una"are of the geographic shado" bo.ing bet"een the t"o countries and a bilateral agreement of 12'3 "hich bars India from underta(ing any construction "ithin 150 yards of the Zero ine$ A visit to the border villages holds many surprises$ 4here are houses "here you can "al( in from the Indian side and "al( out into the bac(yard in #angladesh$ 4he o5 on this part of the Indian-#angladesh boundary melts in the "arren of houses, courtyards, farmlands, ponds and rivers$ *ore than half of the 3'$6 (m of border "ith #angladesh in )orth 73 8arganas district has been fenced so far, and soon a double-fenced flood-lit border could be a reality, said a senior #%- official$

/0e are trying to solve this problem amicably by convincing the villagers$ 0e hope to complete fencing by this financial year but after ta(ing people into confidence,/ said #%senior official A 9aipal$