What is an enclave?
* It is a term used for the territory of one state that is completely surrounded by territory of another state.
What is an exclave?
* An enclave seen from the point of view of the main state to
which it belongs (see Fig 1).
Do all enclaves imply an exclave?
* No, if an enclave is a sovereign country in its own right and
has an independent international recognition.
* Examples:
San Marino (an enclave within Italy)
Lesotho (an enclave within S.Africa)
* Enclaves are exclaves only when residents of an enclave and
the mother state constitute a nation (i.e. they share an enhanced sense
of extended community).
How do enclaves come into being?
Generally, the following factors contribute:
* Historical (eg: a particular area was sovereign before the region outside it gained territorial identity).
* Political (eg: an area within a country secured an independent existence through secession).
* Socio-cultural (eg: when borders have been applied to a region with ethnic divisions that cannot be resolved in ways other than granting a separate existence to these areas).
* Geographical (eg: when course of a border river changes over time).
How did India-Bangladesh enclaves originate?
* Before British occupancy of India, North-India had been under many dynasties and kings.
* One theory regarding origin of these enclaves is that Maharaja of Cooch Behar (presently in West Bengal) and Faujdar of Rangpur (presently in Bangladesh) wagered on these territories in their chess games and each lost many villages to the other. These are now located in two sovereign states India and Bangladesh.
* 2nd theory: The enclaves are a result of peace treaties in early 18th century between kingdom of Cooch Behar and the Mughal empire after a series of wars.
* Mughals, who ruled the area of present-day Bangladesh, wrested several districts from Cooch Behar which have now become Bangladeshs enclave.
* Combining enclaves within India and Bangladesh, they are at present around 200.
What are the implications of such enclaves on India and Bangladesh?
* Residents of an enclave in Bangladesh (i.e. Indias exclave) are technically citizens of India, and are hence not covered under services provided by Bangladesh government.
* Since Indian services cannot reach these people without traversing Bangladesh territory, a bilateral agreement is required to enable India serve them in a Bangladeshi enclave.
* In absence of such agreement, the people are excluded from government services, essential facilities and other opportunities.
* Also if residents of an Indian enclave in Bangladesh travel to India, they are liable to be arrested as illegal immigrants, which is a violation of their Fundamental Right [Art 19(d)].
Why wasnt an agreement forged between the two countries till now?
* Two main reasons.
* Before 1971, the enclave issue was between India and (East) Pakistan and neither took an initiative due to general discordant relations.
* Existence of counter enclaves (i.e. enclaves within enclaves, Fig 2) and counter-counter enclaves (see Fig 3) made identification and resolution of the issue quite challenging.
* In fact, counter-counter enclave where a patch of Bangladesh is surrounded by Indian territory itself surrounded by Bangladesh territory is the only of its kind in the world.
What initiative has been taken by India and Bangladesh to resolve the issue?
* Through a land boundary agreement of 1974 and a 2011 protocol to the same, the two countries have decided to exchange the enclaves.
* As per the protocol, territories held in adverse possession would be identified through a joint survey conducted by Land Records and Survey departments of both countries.
* It will lead to creation of an Adversely Possessed Land area index map (APL map).
* This map should then be officially accepted (ratified) by both the countries.
* Current Indo-Bangladesh boundary would also change as a result.
* Agreement also provides that enclave residents can continue to reside at their current location or move to a country of their choice.
* This is done in the interest of those residents of an enclave who want to remain with India (or Bangladesh) when their enclave is transferred to Bangladesh (or India).
* APL map creation activity was completed in 2011 with identification of 111 Indian enclaves on Bangladesh soil and 51 Bangladeshi enclaves on Indian soil (that required mutual exchange through ratification of the protocol).
* Bangladesh has already ratified the protocol.
* For India, this ratification has taken the form of 119th Constitutional Amendment Bill.
What are the issues pertaining to the 119th CA bill?
* Ratification of the pact would cause around 10,000 acres of (de-facto) land area of India getting transferred to Bangladesh.
* That is why it is being opposed by state parties like Trinamool Congress and Asom Gana Parishad.
* Many also think that the pact would fuel secessionist tendencies in other parts of India.
Analysis of the issues:
* Loss of territory:
* This loss will be only on paper, as we lose enclaves which we could not access or govern without Bangladeshs consent.
* These land areas never featured in any social, political or economic agenda of India.
* Fuelling seccession:
* Right to secede is an expression of peoples will, and has nothing to do with enclaves.
* The sharing of enclaves has a strong geographical and administrative justification, so secessionist movements motivated by regionalism, casteism etc. and other flimsy grounds cannot derive their force from this sharing.
* Secession is an act of breaking away and forming an independent entity, while enclaves involve assimilation of territories with already existing states.
Why ratification of pact immensely important for India?
* It will ensure a better check on illegal immigrants (from Bangladesh) that has adversely affected demography of bordering regions.
* Bangladesh is currently ruled by Sheikh Hasina-led Bangladesh Awami League, who is pro-India.
* Her government has clamped down many extremist forces that used Bangladesh territory as a haven for spreading terrorism in India, especially in NE regions.
* But Sheikh Hasina has been criticized for her inability to extract any meaningful concessions from India in return.
* Aborting of Teesta water sharing pact has also seriously eroded credibility of her government.
* By ratifying the land boundary agreement, India wants to strengthen the hands of Sheikh Hasina government before Bangladesh goes for elections in January 2014.
Questions for practice:
1. Define enclaves and discuss the administrative challenges they embody. With reference to India and Bangladesh, analyze the government initiatives taken to resolve the issue of enclaves.
(10 marks, 200 words)
2. Discuss how passage of 119th Constitutional Amendment Bill is imperative for both immediate welfare of a section of India and Bangladesh citizens and building of a strong framework for strategic partnership between the two countries. (10 marks, 200 words)
3. Do you feel that residents of Indo-Bangladesh enclaves have been wronged as much by history as by government apathy? Justify your answer. (5 marks, 100 words)
4. Though enclaves on India-Bangladesh border share common characteristics with other enclaves, they also have unique features that make their handling especially tricky. Elaborate.
(5 marks, 100 words)
5. What are the issues involved in the passage of 119th Constitutional Amendment Bill? Do you think they are justified? (5 marks, 100 words)
Name: Kumar Ujjwal
References: The Hindu
1. Wikipedia
2. www.enclaves.webs.com
3. www.economist.com/blogs/banyan/2011/02/enclaves_between_india_and_bangladesh
