We have stepped into an extremely dangerous and paradoxical time. We have built ourselves a political fine democracy but in society and economy there is no democracy and there is no equality. The tension between the inequality in the social and economic terms can explode our political democracy.
1. Primary architect of Indian Constitution, Dr. B. R. Ambedkar in his speech after handing over the draft constitution in Parliament
And today almost 63 years after his speech, we can find he got it absolutely correct. The most dangerous threat to the internal security of India is the fastest growing inequality in the social and economic fields. The country is facing the consequences in the form of poverty, hunger, malnutrition, Naxalism and so on. The challenges are interconnected to each other.
Below are the major challenges to the internal security of India:
1. Fastest growing inequality in income between the rich and the poor
1. The inequality in income between the rich and the poor is increasing at fastest rate since 1991 i.e., the year of liberalization of India.
2. The benefits of globalization are not percolated to the lower strata of Indian society and thus they are ignored from the developmental stream.
3. This resulted into extreme poverty, hunger, malnutrition, farmer suicides and so on.
Measures to be taken:
1. To bridge the gap between rich and poor Government has to focus on the Directive Principles of State Policy (DSPS).
* TheDirective Principles of State Policyare guidelines to the central and state governments of India, to be kept in mind while framing laws and policies. These provisions, contained in Part IV of theConstitution of India, are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a just society in the country.
* Government scheme to the poor should reach to the last hand
* Self-employment like SHG(Self Help Groups) should be generated in rural and urban areas
* The most vital thing to reduce the inequality in income in the society is political will of the politicians
1. Maoist/Naxalites insurgency in the heart of India
1. The deprived and the marginalized sections of the society, unable to survive in the present system, get alienated from the growth of the country. The militant and extremist forces thrive in this environment.
2. The most prominent among the groups, that have mushroomed in the recent years, are the Peoples War Group (PWG) and the Marxist Communist Centre (MCC)
3. The Naxalites have now been going after the innocent civilians after the Government security forces. Extortion is the only way of funding to Naxals.
Measures to be taken:
1. Poverty and livelihood issues should be resolved
* Infrastructure in the Naxal affected areas must be improved
* The intelligence network has to be strengthened significantly
* The issue of Naxalites can be resolved by the only way of peaceful talk to Naxal leaders since this kind of insurgency is caused due to the ignorance of government towards these forest dwellers and seizing their lands for industrialization.
1. Fundamentalist forces (Terrorism):
1. This is the most serious threat to the Indias internal security
2. The organizations, like Al Qaida, and Jaish-e-Mohammad, are encouraging the so-called Jehadis to enter India from outside
3. The break-up of the Indian Union continues to be the main goal of Pakistans domestic and foreign policy
4. Easy availability of deadly weapons with the subversive groups operating in India has created new dangers for Indias security.
Measures undertaken by Government:
1. Sophisticated Counter-Terror Technology (CCTV cameras)
* Intelligence agencies, state police, customs, border security, cyber and public health departments to counter terror attacks.
* The states counter-terror mechanism must envision the creation of Special Forces meant specifically for the purpose of averting terror networks in India. These Special Forces must be established in vulnerable states like Delhi, Maharashtra, Gujarat, Rajasthan Manipur and Assam
* The states land and coastal border security must be strengthened given the fact that terror attacks have been conducted and planned in the neighbouring states.
* Cyber specialization should be made a part of the counter-terror mechanism towards addressing hacking issues, tracing terror links in the virtual world, locating the computers, and countries where this transnational nature of terrorism originates, etc.
* India should establish a Federal Counter-Terrorism Mechanism, which will integrate with above mentioned institutions
2. Corruption and corrosion of public institutions
3. Environmental degradation at rapid pace
1. The Indian rivers on whose banks the Indian civilization was once flourished are on the verge of diminishing their beauties. They are highly degraded and the water is polluted due to discharge of the sewages from the industries.
2. The deforestation is taking place at rapid pace since Liberalization of the country in 1991. Deforestation became the serious threat to so many vulnerable species of flora and fauna.
Measures taken by the Government:
1. Increased the area of Protected Area Networks with the increase in wildlife sanctuaries and National Parks.
* Enacted Project Tiger and Project Elephant to save these wild-lives from poaching
* Central Zoo Authority (CZA) provides assistance to various zoos for better upkeep and health facilities to the zoo animals
2. Illegal immigration to the north-east
1. Estimates of the total population of illegal immigrants in Nagaland or elsewhere in India is problematic due to the clandestine nature of the immigrants. Illegal immigration is getting recognised as one of the growing concerns in tribal-dominated Nagaland.
2. Most of the alleged illegal immigrants usually possess fraudulent voter identity cards, driving licenses and ration cards. This made the task of investigation extremely difficult.
Constraints in preventing the illegal immigration:
* Inadequate policing along the border
* Demographic dynamics
* Indifferent attitude of Bangladesh
* Lack of political will
* Communal politics
* Corruption
Impact of Illegal migration:
* Security impact
* Communal polarization
* Demographic impact
* Political impact
1. Armed ethnic insurgencies in the north east (Manipur and Nagaland) and north (Kashmir)
1. The Naga insurgency started way back in early 1950s. Some insurgent groups seek secession from the Indian Union, some others seek separate states and yet others greater autonomy within the existing state.
2. These insurgencies have affected the economic and social life of the region and posed a great threat to its stability
3. The lack of physical, cultural and emotional links has encouraged a feeling of alienation, which is being exploited by the neighbours to pursue their own agenda.
4. The NLFT and the ATTF continue to be active in Tripura.
5. Mizoram is not an exception, there are problems between the Mizos and the Chakmas, and the Mizos and the Reangs
Measures to be taken:
1. Structural conditions like ethic alienation, lack of infrastructure, absence of land rights should be addressed.
* Processes of dialogue and negotiation with armed outfits must be conducted in a professional manner by people trained in negotiation techniques and not by generalized bureaucracy
* The conflicting issues between the Northeastern states like land issues/border should be settled at the local level.
* India must ensure that countries like Bangladesh, Bhutan and Myanmar are not used by insurgent groups as launching pads for violence in its border states. Dialogue mechanism in all three countries need to be institutionalized and activated on a daily basis
* Revenues from these states must be utilized for the development of the states themselves since they are backward states compared to other more developed states in India.
* Acts like the Armed Forces (Special Powers) Act, 1958 and amended in 1972 should be lifted from the Northeast in a phased manner as the common perception of this act is that it is unjust and repressive.
1. Fragile, unstable neighbours
1. Pakistan failed state
2. China Border issues
3. Sri-Lanka Had a brutal civil war that does not address the underlying problems
4. Bangladesh fragile democracy, so many times military has overtaken the government
5. Nepal Maoist insurgency, democratic process is fragile
2. Armed Sena on caste and ethnic lines
6. Affected the police and administration
7. Loss of public confidence in the capacity of the state to protect their life and property is the primary cause of this dangerous development
8. In the Border States these movements become secessionist because of the support they receive from the hostile neighbouring states.
3. Communal forces
9. The communal forces are the major challenge which wants to undermine the democratic secular fabric of the society.
10. Government needs to isolate such extremist forces which disturb the unity of the nation and its people.
11. The recent Muzaffarnagar riot is one of the example how communal forces play the bloody game of division in the society.
Measures to be taken:
There is need to strengthen and revitalize local "peace communities" in rural areas which have representatives from different communities and have in the past been effective in containing and resolving conflicts.
Measures to be taken at broader level
1. The Internal security issues should not be treated as merely law and order problems
2. There should be work on social, political and economic levels
3. Security requirements should be met by not giving the free hand to security agencies
Name: Sharad Durgawad
References:
1. http://www.idsa.in
2. Ministry of Environment and Forests
http://envfor.nic.in
1. Indian Express
http://www.indianexpress.com
1. P. Sainath (Magsaysay award winner) Rural Affairs Editor, The Hindu.
2. Ramchandra Guha Historian, economist and environmentalist.
Showing posts with label Bangladesh. Show all posts
Showing posts with label Bangladesh. Show all posts
Monday, January 13, 2014
India-Bangladesh Land Boundary Agreement: Why a Must?
The demand for ratifying the Land Boundary Agreement between India and Bangladesh has once more been placed on the anvil. The then Indian Prime Minister Manmohan Singh and Bangladesh PM Sheikh Hasina signed an agreement in 2011 but unfortunately even the monsoon session of the Indian Parliament could not pass the 119th Amendment Bill, 2013 which seeks to ratify the agreement. Now with the full attention diverted to the forthcoming elections in both the nations by 2014, the bill is expected to gather dust for some time more.
What is Land Boundary Agreement?
Before 1971 Pakistan was divided into two-Eastern Pakistan and Western Pakistan. Though geographically detached, the Pakistan Government exercised sovereignty in both the regions. But the increasing authoritarian clout and coercive spread of Urdu in Eastern Pakistan led to widespread dissention and ultimately led to war in 1971. With Indian assistance Western Pakistan lost the war and resulted in the formation of a new state Bangladesh in eastern and Pakistan in western region. However there were many ramifications as a result. It led to the formation of enclaves in both India and Bangladesh. An enclave is a region surrounded by the territory of another state. There can also be further complicated situations like an enclave within an enclave: counter enclave and an enclave within a counter enclave: counter-counter enclave. Currently there are 111 Indian enclaves in Bangladesh and 51 Bangladeshi enclaves in India which include a few counter-enclaves and counter-counter-enclaves. The Land Boundary Agreement of 1974 envisages the exchange of these regions for smooth and cohesive administration and aims to better demarcate the land boundary between them.
Points of Opposition:-
1. That this proposed exchange will result in a loss of about 10,000 acres of land to India.
2. It will fuel secessionist tendencies in other parts too.
How it is important?
1. Currently about 51,000 people are languishing in these regions without any rights, security, privileges or even a national citizenship. International law conclusively bequeaths a States sovereignty and its supreme power over its territory. It includes the right to restrict or regulate access to and transportation to any part of its territory. This exacerbates the scenario for people residing in the enclaves. The residents of an enclave cannot travel to their own home state without crossing international borders and without acquiring the required documents for the same. They essentially remain prisoners within these enclaves as they cannot even travel outside their restricted zone without acquiring valid travel documents even for trade or their livelihood means. In this context they do not enjoy the same basic prerogatives as enjoyed by other citizens of the mainland. Hence it is highly essential to exchange these enclaves for the welfare of these people who have hitherto remained in limbo.
1. It is impossible for any governmental agencies of the home state to access their enclaves for various schemes and programs despite its sovereignty over it without the permission of the state surrounding it. So any absence of an international agreement between the nations concerned results in the governmental exclusion of the people in these regions resulting ultimately in social exclusion too.
1. The Indian states with Bangladeshi enclaves are Assam, Tripura, West Bengal and Meghalaya. Land has always been a contentious issue in these tribal dominated north eastern regions for decades. Any attempt to disrupt the indigenous rights of the tribal people to their land has always ended in an incendiary strife. Therefore there is a need to handle this fragile issue with utmost delicacy and precision so that the swapping results in a better demarcation of the boundaries of these states and hence better administration for the backward classes.
1. These enclaves have always remained outside the gamut of any political agenda. We have never been able to access or govern these regions. If not for some white papers no one would even notice the loss of these territories. Hence the argument that it would result in a loss of about 10,000 acres of land to us is only a minor glitch that we can afford and which in turn would benefit both the sides.
1. The very gist of the premise of the argument that the swap will lead to further outcries for secession from the territory of India is fallacious in nature. An enclave has a very unique geographic position and it cannot be compared to other parts of the mainland. The cry for secession is mainly a manifestation of the will of the people unlike the situation existing on the enclaves where the decision to swap is mainly for better administration of the residents. A policy enacted through an act of Amendment to the Constitution of India can hardly be compared to an expression of the will of the people to secede.
It is high time that the Indian law-makers wake up to the cries of the peoples grievances suffering in these regions and take necessary steps required and ratify the agreement as soon as possible and be a role-model for the whole world to emulate.
Balasubramanyan.R.Menon
Reference: www.thehindu.com, www.thedailystar.net, www.futuredirections.org
What is Land Boundary Agreement?
Before 1971 Pakistan was divided into two-Eastern Pakistan and Western Pakistan. Though geographically detached, the Pakistan Government exercised sovereignty in both the regions. But the increasing authoritarian clout and coercive spread of Urdu in Eastern Pakistan led to widespread dissention and ultimately led to war in 1971. With Indian assistance Western Pakistan lost the war and resulted in the formation of a new state Bangladesh in eastern and Pakistan in western region. However there were many ramifications as a result. It led to the formation of enclaves in both India and Bangladesh. An enclave is a region surrounded by the territory of another state. There can also be further complicated situations like an enclave within an enclave: counter enclave and an enclave within a counter enclave: counter-counter enclave. Currently there are 111 Indian enclaves in Bangladesh and 51 Bangladeshi enclaves in India which include a few counter-enclaves and counter-counter-enclaves. The Land Boundary Agreement of 1974 envisages the exchange of these regions for smooth and cohesive administration and aims to better demarcate the land boundary between them.
Points of Opposition:-
1. That this proposed exchange will result in a loss of about 10,000 acres of land to India.
2. It will fuel secessionist tendencies in other parts too.
How it is important?
1. Currently about 51,000 people are languishing in these regions without any rights, security, privileges or even a national citizenship. International law conclusively bequeaths a States sovereignty and its supreme power over its territory. It includes the right to restrict or regulate access to and transportation to any part of its territory. This exacerbates the scenario for people residing in the enclaves. The residents of an enclave cannot travel to their own home state without crossing international borders and without acquiring the required documents for the same. They essentially remain prisoners within these enclaves as they cannot even travel outside their restricted zone without acquiring valid travel documents even for trade or their livelihood means. In this context they do not enjoy the same basic prerogatives as enjoyed by other citizens of the mainland. Hence it is highly essential to exchange these enclaves for the welfare of these people who have hitherto remained in limbo.
1. It is impossible for any governmental agencies of the home state to access their enclaves for various schemes and programs despite its sovereignty over it without the permission of the state surrounding it. So any absence of an international agreement between the nations concerned results in the governmental exclusion of the people in these regions resulting ultimately in social exclusion too.
1. The Indian states with Bangladeshi enclaves are Assam, Tripura, West Bengal and Meghalaya. Land has always been a contentious issue in these tribal dominated north eastern regions for decades. Any attempt to disrupt the indigenous rights of the tribal people to their land has always ended in an incendiary strife. Therefore there is a need to handle this fragile issue with utmost delicacy and precision so that the swapping results in a better demarcation of the boundaries of these states and hence better administration for the backward classes.
1. These enclaves have always remained outside the gamut of any political agenda. We have never been able to access or govern these regions. If not for some white papers no one would even notice the loss of these territories. Hence the argument that it would result in a loss of about 10,000 acres of land to us is only a minor glitch that we can afford and which in turn would benefit both the sides.
1. The very gist of the premise of the argument that the swap will lead to further outcries for secession from the territory of India is fallacious in nature. An enclave has a very unique geographic position and it cannot be compared to other parts of the mainland. The cry for secession is mainly a manifestation of the will of the people unlike the situation existing on the enclaves where the decision to swap is mainly for better administration of the residents. A policy enacted through an act of Amendment to the Constitution of India can hardly be compared to an expression of the will of the people to secede.
It is high time that the Indian law-makers wake up to the cries of the peoples grievances suffering in these regions and take necessary steps required and ratify the agreement as soon as possible and be a role-model for the whole world to emulate.
Balasubramanyan.R.Menon
Reference: www.thehindu.com, www.thedailystar.net, www.futuredirections.org
Resolving Issues in the India-Bangladesh relationships
Resolving Issues in the India-Bangladesh relationships
Bangladesh, shares 4094 kilometres of land border with India on three sides, the fourth side being open to the Bay of Bengal.
Various issues need to be resolved if the relationship between the two are to be improved, from sharing the water of 54 international rivers that flow from India to Bangladesh to controlling terrorism and promoting economic development.
Issues that are needed to be resolved between India & Bangladesh:-
1. Economic & Political Linkage
2. Water Disputes
3. Border issues
4. Security Issues
5. External Influence
6. Land Border Agreement
1. Economic & Political Linkage:
1. Indias look East Policy
* Bangladesh is an integral part for the execution of Indias Look East policy, initiated by the late Prime Minister Shree Narsimha Rao, in 1993.
* As per this policy, of the Looking East for more opportunity of new trade relations, exploration of the new markets for Indian products & services, in short India should be looking to her neighbourhood to boost foreign trade and get theeconomy back in shape.
* In the eastern countries of India that comprises of Bangladesh, Myanmar & the whole of South East, the market opportunities are now booming.
* Bangladesh is vital for this policy; it can be a bridge to the economic & political linkage with South Asia & beyond.
Picture 1: The prominent South Eastern Countries India is intending to increase its relations in terms of diplomacy & trade.
* Even by providing land corridor that India wants through Bangladesh, to connect West Bengal to the North Eastern States of the India.
* Right now, the only land connection between these two parts of India is the 20 to 25 km wide Siliguri Corridor in West Bengal, i.e. also known as the Indias Chicken Neck.
* North Eastern Regions of India (NER)-Bangladesh Border Trade
* Exports from NER to Bangladesh dominate NER-Bangladesh trade.
* The NER exports raw materials like coal, limestone, stone chips, bamboo, to Bangladesh and imports finished products like cement, plastic goods, readymade garments, process food and drinks.
* Minerals from Meghalaya are exported to Bangladesh through the Land Custom Stations of Assam and Meghalaya.
* Trade flows through Tripura-Bangladesh sector is dominated by imports from Bangladesh.
* As the resource structure of the NER and demand structure of Bangladesh are complementary to each other, there exists a huge potential for trade between these two regions. As the NER exports industrial raw material to Bangladesh, trend of the NERs export is found to be stable.
* Export trade in exhaustible resources like coal and limestone suffers from severe limitations in that the trade dries up with the depletion of stock of resources. As a result, for sustainable growth it is important to diversify the export basket and also to add value to export by switching over from export of raw materials to export of processed/semi-processed goods.
To strengthen the ties with not only Bangladesh but also with the North Eastern Regions of our Country Indian Government need to grow its economic links with the various associations, economic & cultural groups comprising these countries.
NERs Gateway to the East: Associations at a glance
* NER- North Eastern Regions of India i.e. the Seven Sister States.
* MGC-Mekong Ganga Corporations
* SAARC- South Asian Association for Regional Corporation SAARC comprises Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan, and Sri Lanka, and its main goal is to "accelerate the process of economic and social development in member states, through joint action in the agreed areas of cooperation
* ASEAN-Association of Southeast Asian Nations
* APTA-Asia-Pacific Trade Agreement Members are Bangladesh, India, Lao Peoples Democratic Republic, the Republic of Korea and Sri Lanka
* GMS- Greater Mekong Sub-region
* SASEC- South Asia Sub-regional Economic Cooperation
* BIMSTEC- Bay of Bengal Initiative for Multi-sectoral Technical and Economic Cooperation
Members of BIMSTEC are Bangladesh, India, Myanmar, Sri Lanka, Thailand, Bhutan and Nepal.
* EAS-East Asia Summit ASEAN plus India, Australia, New Zealand, China, Japan and Korea
1. Water Disputes between India & Bangladesh
India & Bangladesh share 54 trans- boundary Rivers. Major rivers among them are the Ganga, The Brahmaputra River, Teesta River & Hoogly River.
I) Ganga River: The Ganga River originates in the Himalayas & after draining around 2500 km in India, enters the Bangladesh. After entering Bangladesh the Ganges is known as Padma River.
The route of the River Ganga can be understood by the Picture: 2, Major Trans-Border Rivers shared by India & Bangladesh.
The origin of the conflict:
* Dates back to 1951 when Bangladesh was part of Pakistan. India began plans for the construction of a mile-long "barrage" (a river flow obstruction) at Farakka, 18 kms from the Bangladeshi border.
* To increase the diversion of Ganges water to the Bhagirathi-Hooghly River to flush silt and keep Calcutta harbour operational during the dry season. It was thought that by increasing the river flow, the harbour could be kept from deteriorating from silt deposition.
* However, Bangladesh (then part of Pakistan) protested on the grounds that this action would wreak havoc on the environment. Nevertheless, India continued, and began construction in 1962.
* With no other course of action, Pakistan (and then later Bangladesh) took the matter before the United Nations General Assembly in 1968 and discussions continued in that forum until 1976.
* This Barrage gave India control over Ganges flows into Bangladesh during the dry season, in the spring of 1975 India withdrew 40,000 of the, 55,000 ft/s of water from the Ganges, there were disastrous consequences on Bangladesh.
* The international attention to the issue caused India to at least concede that the Ganges was an international river, and that bench riparian State was entitled to a reasonable and equitable share of the waters of an international River Ganga.
* In 1971, Bangladesh became an independent nation, with India aiding it in its independence struggle against Pakistan. It was expected that better relations between India and Bangladesh would result, but India persisted with its Farakka plans, and this led to a general souring of the relationship.
* In 1972, an Indo-Bangladesh Joint Rivers Commission was established to study the river flow and develop the river water on a cooperative basis. However, work on the Farakka barrage continued, and it was finally completed in 1975. A short-term agreement was subsequently signed by India and Bangladesh to conduct a 40 day trial test of the barrage during the dry season.
* Unfortunately, four months later, the President of Bangladesh was assassinated by elements of the military that found him too cooperative with India. The next dry season, India began to divert water at Farakka unilaterally, and continued to do so until 1977 when a treaty on sharing of the Ganges Waters at Farakka and on augmenting its Flows was signed by the two countries and guaranteed a minimum flow level for Bangladesh for a five year period.
* The Treaty called the Treaty of Friendship was signed by then Prime Minister of India; Indira Gandhi & Bangladeshs founding leader and Prime Minister Sheik Mujibur Rahman.
* After the expiration of this treaty in 1982, two more short-term agreements were concluded on water sharing until 1988. Thereafter, India began unilateral diversions at will. Moreover, domestic political upheavals, and the growing polarization caused by rising national religious factions (Hindu India vs. Islamic Bangladesh), contributed to a rising level of animosity between the two nations.
* In 1992, the prime ministers of the two countries met and agreed to renew efforts for a solution. In addition, Bangladesh revived its attempts to internationalize the affair by bringing forth the dispute before the UN General Assembly and the Commonwealth Heads of Governments Meeting in 1993. In addition, the issue was raised in the South Asia Association for Regional Co-operation (SAARC), although no definite action was taken.
* In December of 1996, a Ganges Water Sharing Treaty was signed that is supposed to last for thirty years. The Treaty addressed: water allocation during the five months of the dry season (January-May). During the rest of the year, there is sufficient water that India can operate the Farakka diversion without creating problems for Bangladesh.
* This Treaty was signed by the Indian Prime minister H. D. Deve Gowda and his Bangladeshi counterpart Sheik Hasina Wajed.
* However, increasing upstream withdrawal in Northern India has further lowered the dry-season flow at Farakka, further complicating matters. Hence, the Treaty stipulates that below a certain flow rate, India and Bangladesh will each share half of the water. Above a certain limit, Bangladesh will be guaranteed a certain minimum level, and if the water flow exceeds a given limit, India will withdraw a given amount, and the balance will be received by Bangladesh (which will be more than 50%).
* Despite the Treaty, there are still factions in Bangladesh that feel that India should not be drawing off any water at Farakka, as well as elements in India that dont want Bangladesh to receive any water
In Short troubles viewed by India & Bangladesh for sharing the Gaga River & construction of Farraka Barrage:
INDIABANGLADESH
* Little silt was flushed from the Baghirathi-Hooghly River
* Increased salinity of soil and waste
* Calcutta has declined as a port city
* Decline of soil quality and crop yields
* Shrinking fish population
* Decline of fishing villages and loss of
* a livelihoods
* Decline of mangrove forest
* Increased erosion rates and sedimentation
* Increased salt water intrusion
* More severe flooding during the monsoon season
* Direct damages are estimated to be three billion US dollars
Stand that India can take to solve the issue:
* Annually, the Ganges brings to its mouth over 2 million tons of silt. Due to increasing deforestation in the foothills of the Himalayans, the amount of erosion is growing. With such levels of silt, it is increasingly no longer possible for the Hooghly to retain a flushing role for Calcutta Harbour, and it is time for India to realize this and terminate Ganges water withdrawal and concentrate on port development further downstream.
* In addition, due to silt deposition and flooding patterns, the Ganges is actually naturally shifting eastward, and it is only a question of time before the Hooghly River will no longer be capable of supporting deep harbour operations.
* India should accept this fact and plan for a harbour much closer to the Bay of Bengal; else it should consider regular and more intensive dredging operations.
* Teesta River Conflict:
It originates in the Sikkim Valley of the Himalayan Range within India. The entire rainfall runoff of this valley accumulates near Kalimpong of Darjeeling district in Paschimbanga (West Bengal).
The river enters Bangladesh near Tin Bigha, the total length is about 315 km out of which 129 km is in Bangladesh.
* About 21 million Bangladeshi people live in the basin of river Teesta while only 8 million live in West Bengal and half a million live in Sikkim state.
* India has built a barrage at Gazaldoba from which 85% of water flow is diverted from Teesta River without Bangladeshs consent. When Bangladesh needs water in dry season it does not get it, but when it does not need water during summer and monsoon it gets enough of it to the point of flooding, destroying houses, roads and riverbanks and embankments.
* Accordingly, sharing of water of the rivers is necessary in the dry season. Bangladesh has to irrigate 632, 000 hectares of farming land with water from the Teesta and during the dry season.
* Since Sikkim and West Bengal withdraw water from the Teesta, the flow has been drastically reduced to the detriment of the Bangladeshi farmers. Initially, Dhaka proposed equal sharing of Teesta water, keeping 20% for river flow.
* But India wanted 55%. Furthermore, India wanted a 15-year agreement on water-sharing of the Teesta River. It was reported in the media in June 2011 that the two sides agreed that India would get 42.5% and Bangladesh 37.5%.
* The Teesta river accord could not be signed during Prime Minister Manmohan Singhs Dhaka visit on September 2012 due to last-minute opposition from Paschimbanga Chief Minister Mamata Banerjee.
* West Bengal River expert Kalyan Rudra, who heads the committee set up by the West Bengal government on November 15, 2011 to find an acceptable solution to the Teesta water issue, was scheduled to submit his report by December 2011, but he reportedly failed to submit it and wanted more time.
* Coalition governments everywhere suffer conflicting pressures from different party components, and the Teesta water-sharing appears to have become a victim of political manoeuvring between New Delhi and Kolkata.
The Road Ahead for the both India & Bangladesh to resolve the Teesta River conflicts:
* Both Bangladesh and West Bengal recognise that dealing with their regional problems offhand is a significant impetus to allowing the water deal to kick off.
* West Bengals Chief Minister, Mamata Banerjee made it clear at more than one occasion that her concerns hold in the greater interest of the state rather than admitting concern towards strengthening Indo-Bangladeshi ties.
* In the wake of fraying Indo-Bangla relations, the signing of the extradition treaty and a liberalised visa agreement does mark an effort towards improving bilateral relations between the two countries.
* However, at this juncture, it is expedient that Bangladesh continues cooperation till India re-adopts water diplomacy and refrains from acting as the stipulated big brother in the region.
Picture: 2
Major Trans-Border Rivers shared by India & Bangladesh
To resolve this water issues a joint initiative should be undertaken by India and Bangladesh, to build reservoirs in both the countries that would help in storing the excess water during the rainy season and utilize it during the dry seasons
2. Border Issues between India & Bangladesh
1. Land Border Issue
India and Bangladesh share almost 4096 kilometres of land border, whereas official records suggest that only 6.5 km of land along the ComillaTripura border is considered as officially disputed by the governments of both countries.
The border disputes between Bangladesh and India are by no means confined to demarcation* problems. It is further linked with other problems like illegal migration of people and goods and other cross border criminal activities.
* Within just six weeks of partition, the border between India and Pakistan was drawn by Sir Cyril Radcliff on the basis of the Two Nation Theory. This provided for Indias control over 112 enclaves and Bangladeshs control over 32 enclaves based on the religious identities of the inhabitants of those areas.
* An agreement was signed by the Presidents of the two countries in 1972 but since it was not ratified by India it could not be put into effect.
* On the other hand Bangladeshs immediate ratification of the treaty and the fulfilment of its obligation gave way to the return of South Berubari to India by Bangladesh, while India gave permission to Bangladesh to use the Tin Bigha corridor in 1992 which would work as an entrance to Bangladeshs enclaves inside India.
Picture 3:
India & Bangladesh Enclaves & Border Regions
* Maritime Border
While Bangladesh, having concave coastlines, delimits its sea border southward from the edge of its land boundary, India stretches its claim southeast wards, covering around thousands of miles in the Bay of Bengal.
* Due to competing claims of the two countries, delimitation of the sea boundary and determining Bangladeshs exclusive economic zones have remained unresolved.
* Moreover, in terms of determining the continental shelf, the presence of the Andamans and Nicobar Islands puts India, in a favourable position.
Territorial Waters
* The issue of demarcating territorial waters led to serious differences between the two countries. Questions of ownership over a new born island known as South Talpatty in Bangladesh and New
Moore/ Purbasha in India.
Picture: 4
Disputed Island on the India Bangladesh Border
* Spotted by a satellite picture in 1975 in the estuary of Haribhanga River on the border of the two countries has been a source of contention since its discovery.
* In order to settle the above dispute Bangladesh proposed sending a joint IndoBangladesh team to determine the flow of channels of the river on the basis of existing International Law of the Sea.
* But the Indian counterpart sent forces to establish claims by stationing naval troops on the island in 1981. After initial resentment by Bangladesh, India agreed to resolve the issue through negotiations.
* Till now the sovereignty over the island nation remains undecided and recent reports of the press and media suggests that Bangladesh views India with suspicion in its activities over the disputed piece of landmass on the breast of an international water.
1. Security Issues/ Illegal migrant
Indias concern, issue of the continuing huge influx of undocumented Bangladesh migrants through a 4000 km porous International Border
Problems of immigration considered illegal have even led to the outbreaks of xenophobic** violence in certain places.
India has completed around 1357 km fencing of the international border with plans to cover another 2429 km of border in the second phase and also plans to illuminate around 300 km of international border to prevent illegal migration.
Cooperative measures like joint patrolling of the border areas, consular access to prisons and signing of an extradition treaty are on the verge of materializing.
As steps to increase vigil to check drug and arms trafficking, as well as illegal immigration, especially the trafficking women and children. The Centre for Women and Children Studies based in Bangladesh estimated in 1998 that 27,000 Bangladeshis had been forced into prostitution in India.
Illegal Bangladeshi migrants enter Indian Territory to settle in rural areas like Nandigram in West Bengal, as share croppers.
In the North-eastern states like Nagaland, the population of Bangladeshi, mostly Muslim immigrants, have been increased square folded in the past 30 years.
Drug Trafficking
Bangladesh is increasingly being used as a transit point by drug dealers and the drug mafia, which dispatches heroin and opium from Burma, and other countries of the golden triangle, to different destinations.
As a result, Bangladeshs Department of Narcotics Control has come under the scanner several times and invited criticism. Bangladesh has become the prime transit route for trafficking heroin to Europe from Southeast Asia.
International Narcotics Control Board (INCB) notes that the most common methods and routes for smuggling heroin into Bangladesh are by courier from Pakistan, commercial vehicles and trains from India, and via sea through the Bay of Bengal or overland by truck or public transport from Burma.
Anti Terror Cooperation
The Ministry of Defence, India, expressed its interest in seeking Bangladeshs firm cooperation in fighting antiIndia terror and insurgent outfits operating from its soil.
* The armies of both countries have, in the past, proved their might by fighting the ULFA cadres.
* Bangladeshi attempts to cooperate with India on antiterror grounds, recognized that some Pakistan based terror outfits had formed a strong nexus with militants in Bangladesh, because of its close proximity to India with its porous border, to carry out attacks in India.
* India has vital security related concerns visvis Bangladesh such as sanctuaries enjoyed by indigenous Indian ethnic terrorist organizations like-
* ULFA, Activities of trans border Islamic terrorist the People United Liberation Front (PULF) Activities from Bangladesh territory of Pakistani origins supported by the ISI such as the LeT, HuJI, and HarkatulMujahideen (HuM) Gun running in Indias northeast from and through Bangladesh
* Illegal migration into Assam and West Bengal the flow of funds from Wahabi charity organizations in Saudi Arabia to fundamentalist elements in BangladeshIndia region, money laundering through IndiaNepal and IndiaBangladesh region, etc.
* India is often seen as a big power with dominated leadership tendencies amongst its neighbours in the subcontinent. Bangladesh, in relation to India, has to take note of the large antiIndian sentiments presiding in its soils.
1. External influences
Bangladesh has always used China as a counter balance against India. The Prime minister of Bangladesh
was generous towards India, when Prime Minister Sheikh Hasina decided to visit her Indian counterpart, Prime Minister Manmohan Singh first before China, on her 2010 visit.
A major setback to the enthusiasm in India of Hasinas visit, came in the form of her visit to China immediately after that, wherein a communiqu was issued, consisting of similar transit facilities given to China as given to India.
Bangladesh sought Chinese assistance in constructing a highway passing through Myanmar to Yunan province in China. A rail network passing through the same area has been proposed. Bangladesh was also reportedly engaged in persuading China to further develop and use the Chittagong port and develop a deep sea port at Sonadia Island.
This becomes problematic for India who fears Chinas access to the Myanmar naval base in Hanggyi Islands and the monitoring station, established at Coco Island in the north of Indias Andaman and Nicobar Islands.
India fears China encircling India as part of its String of Pearls strategy. The relationship between China and Bangladesh since 1975 influences Bangladesh to move away from India.
* Bangladesh maintains a very close relationship with China for its economic and military needs.
Over the years, the two sides have signed a plethora of bilateral agreements including economic engagements, soft loans, social contacts, cultural exchanges, academic interactions, infrastructural development and military sales at reduced prices, with China emerging as the major supplier of arms to Bangladeshs armed forces.
China and Bangladesh along with Myanmar, have decided to build the 900 km Kunming Highway linking Chittagong with Kunming through Myanmar to facilitate greater trade.
* DhakaBeijing relations have reached new heights as China overtook India as Bangladeshs largest trading partner.
Bangladesh and China in 2005 signed the BangladeshChina Cooperation Agreement on the Peaceful Usage of Nuclear Energy which aims to assist Bangladesh in developing peaceful nuclear energy for power generation and other developmental purposes and a Defence Cooperation Agreement with China in 2002.
Bangladesh tries to bargain between India and China, thus standing only to gain.
Chinese quest for regional power and then global power should be taken into account. This quest is based on the sustained and dedicated engagement with Indias neighbours for access and basing. Therefore, Bangladesh has been an obvious choice for partnership.
1. Land Boundary Agreement (LBA)
* Indias inability to ratify the protocol to the Land Boundary Agreements (LBA) of 1974 with Bangladesh is making its position weak in the bargaining with the Bangladesh on the stage of international relations.
* As per the proposed Land Boundary Bill that was already discussed with the Bangladesh govt. that will ensure its loyalty toward India, is pending in the Indian parliament due to concerns of injustice in framing the bill, raised by the various members & mostly by the West Bengal state govt.
* As already discussed 161 adversely held small enclaves are to be exchanged between India & Bangladesh. According to the draft bill both the countries will exchange the other countries enclaves in its territory 7100 acres will come under Indias boundary & 17000 acres go to Bangladesh.
* The interest of the country is undermined by the interest of a state or few political parties. For the betterment of the relations with our still a neutral neighbour into a trusted ally the Indian government along with its diplomatic community have to work fast.
Bibliography
1. IPC Special Report 2010, India-Bangladesh Relations, Issues, Problems & Recent Developments
2. The Hindu, 5th Sep13 Editorial: India should resolve contentious issues with Bangladesh
3. Report of Ministry of Development of North Eastern Region 2011, Expansion of North East India's Trade and Investment with Bangladesh and Myanmar.
4. http://www1.american.edu, WOW Case Studies, India-Bangladesh Water Dispute, ICE Case Number 78.
5. Paper on Sharing the Ganges: Water Conflict between India and Bangladesh, Brianna Besch Macalester College St. Paul, MN
6. http://www.mungpoo.org/2012/01/teesta-water-issue-few-hard-facts.html
7. India-Articles#3825, 25 February 2013, Teesta Water Accord: Expectations for Indo-Bangladesh Water Diplomacy
* The action of fixing the boundary or limits of something.
** Dislike or fear of people from other country
Name: Rimpa Dutta
Bangladesh, shares 4094 kilometres of land border with India on three sides, the fourth side being open to the Bay of Bengal.
Various issues need to be resolved if the relationship between the two are to be improved, from sharing the water of 54 international rivers that flow from India to Bangladesh to controlling terrorism and promoting economic development.
Issues that are needed to be resolved between India & Bangladesh:-
1. Economic & Political Linkage
2. Water Disputes
3. Border issues
4. Security Issues
5. External Influence
6. Land Border Agreement
1. Economic & Political Linkage:
1. Indias look East Policy
* Bangladesh is an integral part for the execution of Indias Look East policy, initiated by the late Prime Minister Shree Narsimha Rao, in 1993.
* As per this policy, of the Looking East for more opportunity of new trade relations, exploration of the new markets for Indian products & services, in short India should be looking to her neighbourhood to boost foreign trade and get theeconomy back in shape.
* In the eastern countries of India that comprises of Bangladesh, Myanmar & the whole of South East, the market opportunities are now booming.
* Bangladesh is vital for this policy; it can be a bridge to the economic & political linkage with South Asia & beyond.
Picture 1: The prominent South Eastern Countries India is intending to increase its relations in terms of diplomacy & trade.
* Even by providing land corridor that India wants through Bangladesh, to connect West Bengal to the North Eastern States of the India.
* Right now, the only land connection between these two parts of India is the 20 to 25 km wide Siliguri Corridor in West Bengal, i.e. also known as the Indias Chicken Neck.
* North Eastern Regions of India (NER)-Bangladesh Border Trade
* Exports from NER to Bangladesh dominate NER-Bangladesh trade.
* The NER exports raw materials like coal, limestone, stone chips, bamboo, to Bangladesh and imports finished products like cement, plastic goods, readymade garments, process food and drinks.
* Minerals from Meghalaya are exported to Bangladesh through the Land Custom Stations of Assam and Meghalaya.
* Trade flows through Tripura-Bangladesh sector is dominated by imports from Bangladesh.
* As the resource structure of the NER and demand structure of Bangladesh are complementary to each other, there exists a huge potential for trade between these two regions. As the NER exports industrial raw material to Bangladesh, trend of the NERs export is found to be stable.
* Export trade in exhaustible resources like coal and limestone suffers from severe limitations in that the trade dries up with the depletion of stock of resources. As a result, for sustainable growth it is important to diversify the export basket and also to add value to export by switching over from export of raw materials to export of processed/semi-processed goods.
To strengthen the ties with not only Bangladesh but also with the North Eastern Regions of our Country Indian Government need to grow its economic links with the various associations, economic & cultural groups comprising these countries.
NERs Gateway to the East: Associations at a glance
* NER- North Eastern Regions of India i.e. the Seven Sister States.
* MGC-Mekong Ganga Corporations
* SAARC- South Asian Association for Regional Corporation SAARC comprises Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan, and Sri Lanka, and its main goal is to "accelerate the process of economic and social development in member states, through joint action in the agreed areas of cooperation
* ASEAN-Association of Southeast Asian Nations
* APTA-Asia-Pacific Trade Agreement Members are Bangladesh, India, Lao Peoples Democratic Republic, the Republic of Korea and Sri Lanka
* GMS- Greater Mekong Sub-region
* SASEC- South Asia Sub-regional Economic Cooperation
* BIMSTEC- Bay of Bengal Initiative for Multi-sectoral Technical and Economic Cooperation
Members of BIMSTEC are Bangladesh, India, Myanmar, Sri Lanka, Thailand, Bhutan and Nepal.
* EAS-East Asia Summit ASEAN plus India, Australia, New Zealand, China, Japan and Korea
1. Water Disputes between India & Bangladesh
India & Bangladesh share 54 trans- boundary Rivers. Major rivers among them are the Ganga, The Brahmaputra River, Teesta River & Hoogly River.
I) Ganga River: The Ganga River originates in the Himalayas & after draining around 2500 km in India, enters the Bangladesh. After entering Bangladesh the Ganges is known as Padma River.
The route of the River Ganga can be understood by the Picture: 2, Major Trans-Border Rivers shared by India & Bangladesh.
The origin of the conflict:
* Dates back to 1951 when Bangladesh was part of Pakistan. India began plans for the construction of a mile-long "barrage" (a river flow obstruction) at Farakka, 18 kms from the Bangladeshi border.
* To increase the diversion of Ganges water to the Bhagirathi-Hooghly River to flush silt and keep Calcutta harbour operational during the dry season. It was thought that by increasing the river flow, the harbour could be kept from deteriorating from silt deposition.
* However, Bangladesh (then part of Pakistan) protested on the grounds that this action would wreak havoc on the environment. Nevertheless, India continued, and began construction in 1962.
* With no other course of action, Pakistan (and then later Bangladesh) took the matter before the United Nations General Assembly in 1968 and discussions continued in that forum until 1976.
* This Barrage gave India control over Ganges flows into Bangladesh during the dry season, in the spring of 1975 India withdrew 40,000 of the, 55,000 ft/s of water from the Ganges, there were disastrous consequences on Bangladesh.
* The international attention to the issue caused India to at least concede that the Ganges was an international river, and that bench riparian State was entitled to a reasonable and equitable share of the waters of an international River Ganga.
* In 1971, Bangladesh became an independent nation, with India aiding it in its independence struggle against Pakistan. It was expected that better relations between India and Bangladesh would result, but India persisted with its Farakka plans, and this led to a general souring of the relationship.
* In 1972, an Indo-Bangladesh Joint Rivers Commission was established to study the river flow and develop the river water on a cooperative basis. However, work on the Farakka barrage continued, and it was finally completed in 1975. A short-term agreement was subsequently signed by India and Bangladesh to conduct a 40 day trial test of the barrage during the dry season.
* Unfortunately, four months later, the President of Bangladesh was assassinated by elements of the military that found him too cooperative with India. The next dry season, India began to divert water at Farakka unilaterally, and continued to do so until 1977 when a treaty on sharing of the Ganges Waters at Farakka and on augmenting its Flows was signed by the two countries and guaranteed a minimum flow level for Bangladesh for a five year period.
* The Treaty called the Treaty of Friendship was signed by then Prime Minister of India; Indira Gandhi & Bangladeshs founding leader and Prime Minister Sheik Mujibur Rahman.
* After the expiration of this treaty in 1982, two more short-term agreements were concluded on water sharing until 1988. Thereafter, India began unilateral diversions at will. Moreover, domestic political upheavals, and the growing polarization caused by rising national religious factions (Hindu India vs. Islamic Bangladesh), contributed to a rising level of animosity between the two nations.
* In 1992, the prime ministers of the two countries met and agreed to renew efforts for a solution. In addition, Bangladesh revived its attempts to internationalize the affair by bringing forth the dispute before the UN General Assembly and the Commonwealth Heads of Governments Meeting in 1993. In addition, the issue was raised in the South Asia Association for Regional Co-operation (SAARC), although no definite action was taken.
* In December of 1996, a Ganges Water Sharing Treaty was signed that is supposed to last for thirty years. The Treaty addressed: water allocation during the five months of the dry season (January-May). During the rest of the year, there is sufficient water that India can operate the Farakka diversion without creating problems for Bangladesh.
* This Treaty was signed by the Indian Prime minister H. D. Deve Gowda and his Bangladeshi counterpart Sheik Hasina Wajed.
* However, increasing upstream withdrawal in Northern India has further lowered the dry-season flow at Farakka, further complicating matters. Hence, the Treaty stipulates that below a certain flow rate, India and Bangladesh will each share half of the water. Above a certain limit, Bangladesh will be guaranteed a certain minimum level, and if the water flow exceeds a given limit, India will withdraw a given amount, and the balance will be received by Bangladesh (which will be more than 50%).
* Despite the Treaty, there are still factions in Bangladesh that feel that India should not be drawing off any water at Farakka, as well as elements in India that dont want Bangladesh to receive any water
In Short troubles viewed by India & Bangladesh for sharing the Gaga River & construction of Farraka Barrage:
INDIABANGLADESH
* Little silt was flushed from the Baghirathi-Hooghly River
* Increased salinity of soil and waste
* Calcutta has declined as a port city
* Decline of soil quality and crop yields
* Shrinking fish population
* Decline of fishing villages and loss of
* a livelihoods
* Decline of mangrove forest
* Increased erosion rates and sedimentation
* Increased salt water intrusion
* More severe flooding during the monsoon season
* Direct damages are estimated to be three billion US dollars
Stand that India can take to solve the issue:
* Annually, the Ganges brings to its mouth over 2 million tons of silt. Due to increasing deforestation in the foothills of the Himalayans, the amount of erosion is growing. With such levels of silt, it is increasingly no longer possible for the Hooghly to retain a flushing role for Calcutta Harbour, and it is time for India to realize this and terminate Ganges water withdrawal and concentrate on port development further downstream.
* In addition, due to silt deposition and flooding patterns, the Ganges is actually naturally shifting eastward, and it is only a question of time before the Hooghly River will no longer be capable of supporting deep harbour operations.
* India should accept this fact and plan for a harbour much closer to the Bay of Bengal; else it should consider regular and more intensive dredging operations.
* Teesta River Conflict:
It originates in the Sikkim Valley of the Himalayan Range within India. The entire rainfall runoff of this valley accumulates near Kalimpong of Darjeeling district in Paschimbanga (West Bengal).
The river enters Bangladesh near Tin Bigha, the total length is about 315 km out of which 129 km is in Bangladesh.
* About 21 million Bangladeshi people live in the basin of river Teesta while only 8 million live in West Bengal and half a million live in Sikkim state.
* India has built a barrage at Gazaldoba from which 85% of water flow is diverted from Teesta River without Bangladeshs consent. When Bangladesh needs water in dry season it does not get it, but when it does not need water during summer and monsoon it gets enough of it to the point of flooding, destroying houses, roads and riverbanks and embankments.
* Accordingly, sharing of water of the rivers is necessary in the dry season. Bangladesh has to irrigate 632, 000 hectares of farming land with water from the Teesta and during the dry season.
* Since Sikkim and West Bengal withdraw water from the Teesta, the flow has been drastically reduced to the detriment of the Bangladeshi farmers. Initially, Dhaka proposed equal sharing of Teesta water, keeping 20% for river flow.
* But India wanted 55%. Furthermore, India wanted a 15-year agreement on water-sharing of the Teesta River. It was reported in the media in June 2011 that the two sides agreed that India would get 42.5% and Bangladesh 37.5%.
* The Teesta river accord could not be signed during Prime Minister Manmohan Singhs Dhaka visit on September 2012 due to last-minute opposition from Paschimbanga Chief Minister Mamata Banerjee.
* West Bengal River expert Kalyan Rudra, who heads the committee set up by the West Bengal government on November 15, 2011 to find an acceptable solution to the Teesta water issue, was scheduled to submit his report by December 2011, but he reportedly failed to submit it and wanted more time.
* Coalition governments everywhere suffer conflicting pressures from different party components, and the Teesta water-sharing appears to have become a victim of political manoeuvring between New Delhi and Kolkata.
The Road Ahead for the both India & Bangladesh to resolve the Teesta River conflicts:
* Both Bangladesh and West Bengal recognise that dealing with their regional problems offhand is a significant impetus to allowing the water deal to kick off.
* West Bengals Chief Minister, Mamata Banerjee made it clear at more than one occasion that her concerns hold in the greater interest of the state rather than admitting concern towards strengthening Indo-Bangladeshi ties.
* In the wake of fraying Indo-Bangla relations, the signing of the extradition treaty and a liberalised visa agreement does mark an effort towards improving bilateral relations between the two countries.
* However, at this juncture, it is expedient that Bangladesh continues cooperation till India re-adopts water diplomacy and refrains from acting as the stipulated big brother in the region.
Picture: 2
Major Trans-Border Rivers shared by India & Bangladesh
To resolve this water issues a joint initiative should be undertaken by India and Bangladesh, to build reservoirs in both the countries that would help in storing the excess water during the rainy season and utilize it during the dry seasons
2. Border Issues between India & Bangladesh
1. Land Border Issue
India and Bangladesh share almost 4096 kilometres of land border, whereas official records suggest that only 6.5 km of land along the ComillaTripura border is considered as officially disputed by the governments of both countries.
The border disputes between Bangladesh and India are by no means confined to demarcation* problems. It is further linked with other problems like illegal migration of people and goods and other cross border criminal activities.
* Within just six weeks of partition, the border between India and Pakistan was drawn by Sir Cyril Radcliff on the basis of the Two Nation Theory. This provided for Indias control over 112 enclaves and Bangladeshs control over 32 enclaves based on the religious identities of the inhabitants of those areas.
* An agreement was signed by the Presidents of the two countries in 1972 but since it was not ratified by India it could not be put into effect.
* On the other hand Bangladeshs immediate ratification of the treaty and the fulfilment of its obligation gave way to the return of South Berubari to India by Bangladesh, while India gave permission to Bangladesh to use the Tin Bigha corridor in 1992 which would work as an entrance to Bangladeshs enclaves inside India.
Picture 3:
India & Bangladesh Enclaves & Border Regions
* Maritime Border
While Bangladesh, having concave coastlines, delimits its sea border southward from the edge of its land boundary, India stretches its claim southeast wards, covering around thousands of miles in the Bay of Bengal.
* Due to competing claims of the two countries, delimitation of the sea boundary and determining Bangladeshs exclusive economic zones have remained unresolved.
* Moreover, in terms of determining the continental shelf, the presence of the Andamans and Nicobar Islands puts India, in a favourable position.
Territorial Waters
* The issue of demarcating territorial waters led to serious differences between the two countries. Questions of ownership over a new born island known as South Talpatty in Bangladesh and New
Moore/ Purbasha in India.
Picture: 4
Disputed Island on the India Bangladesh Border
* Spotted by a satellite picture in 1975 in the estuary of Haribhanga River on the border of the two countries has been a source of contention since its discovery.
* In order to settle the above dispute Bangladesh proposed sending a joint IndoBangladesh team to determine the flow of channels of the river on the basis of existing International Law of the Sea.
* But the Indian counterpart sent forces to establish claims by stationing naval troops on the island in 1981. After initial resentment by Bangladesh, India agreed to resolve the issue through negotiations.
* Till now the sovereignty over the island nation remains undecided and recent reports of the press and media suggests that Bangladesh views India with suspicion in its activities over the disputed piece of landmass on the breast of an international water.
1. Security Issues/ Illegal migrant
Indias concern, issue of the continuing huge influx of undocumented Bangladesh migrants through a 4000 km porous International Border
Problems of immigration considered illegal have even led to the outbreaks of xenophobic** violence in certain places.
India has completed around 1357 km fencing of the international border with plans to cover another 2429 km of border in the second phase and also plans to illuminate around 300 km of international border to prevent illegal migration.
Cooperative measures like joint patrolling of the border areas, consular access to prisons and signing of an extradition treaty are on the verge of materializing.
As steps to increase vigil to check drug and arms trafficking, as well as illegal immigration, especially the trafficking women and children. The Centre for Women and Children Studies based in Bangladesh estimated in 1998 that 27,000 Bangladeshis had been forced into prostitution in India.
Illegal Bangladeshi migrants enter Indian Territory to settle in rural areas like Nandigram in West Bengal, as share croppers.
In the North-eastern states like Nagaland, the population of Bangladeshi, mostly Muslim immigrants, have been increased square folded in the past 30 years.
Drug Trafficking
Bangladesh is increasingly being used as a transit point by drug dealers and the drug mafia, which dispatches heroin and opium from Burma, and other countries of the golden triangle, to different destinations.
As a result, Bangladeshs Department of Narcotics Control has come under the scanner several times and invited criticism. Bangladesh has become the prime transit route for trafficking heroin to Europe from Southeast Asia.
International Narcotics Control Board (INCB) notes that the most common methods and routes for smuggling heroin into Bangladesh are by courier from Pakistan, commercial vehicles and trains from India, and via sea through the Bay of Bengal or overland by truck or public transport from Burma.
Anti Terror Cooperation
The Ministry of Defence, India, expressed its interest in seeking Bangladeshs firm cooperation in fighting antiIndia terror and insurgent outfits operating from its soil.
* The armies of both countries have, in the past, proved their might by fighting the ULFA cadres.
* Bangladeshi attempts to cooperate with India on antiterror grounds, recognized that some Pakistan based terror outfits had formed a strong nexus with militants in Bangladesh, because of its close proximity to India with its porous border, to carry out attacks in India.
* India has vital security related concerns visvis Bangladesh such as sanctuaries enjoyed by indigenous Indian ethnic terrorist organizations like-
* ULFA, Activities of trans border Islamic terrorist the People United Liberation Front (PULF) Activities from Bangladesh territory of Pakistani origins supported by the ISI such as the LeT, HuJI, and HarkatulMujahideen (HuM) Gun running in Indias northeast from and through Bangladesh
* Illegal migration into Assam and West Bengal the flow of funds from Wahabi charity organizations in Saudi Arabia to fundamentalist elements in BangladeshIndia region, money laundering through IndiaNepal and IndiaBangladesh region, etc.
* India is often seen as a big power with dominated leadership tendencies amongst its neighbours in the subcontinent. Bangladesh, in relation to India, has to take note of the large antiIndian sentiments presiding in its soils.
1. External influences
Bangladesh has always used China as a counter balance against India. The Prime minister of Bangladesh
was generous towards India, when Prime Minister Sheikh Hasina decided to visit her Indian counterpart, Prime Minister Manmohan Singh first before China, on her 2010 visit.
A major setback to the enthusiasm in India of Hasinas visit, came in the form of her visit to China immediately after that, wherein a communiqu was issued, consisting of similar transit facilities given to China as given to India.
Bangladesh sought Chinese assistance in constructing a highway passing through Myanmar to Yunan province in China. A rail network passing through the same area has been proposed. Bangladesh was also reportedly engaged in persuading China to further develop and use the Chittagong port and develop a deep sea port at Sonadia Island.
This becomes problematic for India who fears Chinas access to the Myanmar naval base in Hanggyi Islands and the monitoring station, established at Coco Island in the north of Indias Andaman and Nicobar Islands.
India fears China encircling India as part of its String of Pearls strategy. The relationship between China and Bangladesh since 1975 influences Bangladesh to move away from India.
* Bangladesh maintains a very close relationship with China for its economic and military needs.
Over the years, the two sides have signed a plethora of bilateral agreements including economic engagements, soft loans, social contacts, cultural exchanges, academic interactions, infrastructural development and military sales at reduced prices, with China emerging as the major supplier of arms to Bangladeshs armed forces.
China and Bangladesh along with Myanmar, have decided to build the 900 km Kunming Highway linking Chittagong with Kunming through Myanmar to facilitate greater trade.
* DhakaBeijing relations have reached new heights as China overtook India as Bangladeshs largest trading partner.
Bangladesh and China in 2005 signed the BangladeshChina Cooperation Agreement on the Peaceful Usage of Nuclear Energy which aims to assist Bangladesh in developing peaceful nuclear energy for power generation and other developmental purposes and a Defence Cooperation Agreement with China in 2002.
Bangladesh tries to bargain between India and China, thus standing only to gain.
Chinese quest for regional power and then global power should be taken into account. This quest is based on the sustained and dedicated engagement with Indias neighbours for access and basing. Therefore, Bangladesh has been an obvious choice for partnership.
1. Land Boundary Agreement (LBA)
* Indias inability to ratify the protocol to the Land Boundary Agreements (LBA) of 1974 with Bangladesh is making its position weak in the bargaining with the Bangladesh on the stage of international relations.
* As per the proposed Land Boundary Bill that was already discussed with the Bangladesh govt. that will ensure its loyalty toward India, is pending in the Indian parliament due to concerns of injustice in framing the bill, raised by the various members & mostly by the West Bengal state govt.
* As already discussed 161 adversely held small enclaves are to be exchanged between India & Bangladesh. According to the draft bill both the countries will exchange the other countries enclaves in its territory 7100 acres will come under Indias boundary & 17000 acres go to Bangladesh.
* The interest of the country is undermined by the interest of a state or few political parties. For the betterment of the relations with our still a neutral neighbour into a trusted ally the Indian government along with its diplomatic community have to work fast.
Bibliography
1. IPC Special Report 2010, India-Bangladesh Relations, Issues, Problems & Recent Developments
2. The Hindu, 5th Sep13 Editorial: India should resolve contentious issues with Bangladesh
3. Report of Ministry of Development of North Eastern Region 2011, Expansion of North East India's Trade and Investment with Bangladesh and Myanmar.
4. http://www1.american.edu, WOW Case Studies, India-Bangladesh Water Dispute, ICE Case Number 78.
5. Paper on Sharing the Ganges: Water Conflict between India and Bangladesh, Brianna Besch Macalester College St. Paul, MN
6. http://www.mungpoo.org/2012/01/teesta-water-issue-few-hard-facts.html
7. India-Articles#3825, 25 February 2013, Teesta Water Accord: Expectations for Indo-Bangladesh Water Diplomacy
* The action of fixing the boundary or limits of something.
** Dislike or fear of people from other country
Name: Rimpa Dutta
The Illegal Immigration and Ethnic Conflicts of NE India
The Illegal Immigration and Ethnic Conflicts of NE India
Contents:
1. Introduction
2. Strategic Importance
3. Various Accords
4. Sixth Schedule and Local Autonomy
5. Historical Background of Immigration
6. After Partition of India
7. Immigration Before and After 1971
8. Laws and Agreements to tackle Immigration and citizenship in India
9. Provisions of IMDT Act 1983
10. Assam Accord, 1985
11. Supreme court Verdict, 2005
12. Present Scenario
1. Introduction:
* In the midst of security, human rights, border Land and resource sharing issues of North East India, the illegal Immigration gets up in the order as one of the major socio economic unresolved problems.
* Started as a conflict between the inhabitants and settlers as land tenants during British period, the issue developed as a resource sharing to communal conflicts.
* The clashes and loss of life for the past five decades needs strong political decisions regardless of the brotherhood bond between India and Bangladesh.
* The violence of Kokrajhar in Assam triggered all India communal tensions towards a particular community. The issue needed to be addressed in a broader platform.
* For Mains, this article can be covered under topics of GS-II paper and State PSCs exams.
1. Strategic Importance:
* Ethnic mosaic as diverse as the rest of our nation, of the 563 communities listed by the People of India project, 635 were categorized as tribal, as which 213 were belong to NE states.
* Project also listed 325 languages of 175 belong to Tibeto-Burman and the MonKhmer family were found in NE.
* NE represents Indias most complex affair, leading to difficulty in policy making and execution.
* 84% of its population from rural, Geography- 9%of India, 98% of border form Indias International Boundary.
* Connected by 27Km Siliguri Corridor of West Bengal with rest of the Nation. Called as 7 sister and a brother State. Sikkim not part of NE initially, till approved so by GoI in 2002.
* Rich in Resources: Hydrocarbons, coal, Limestone, dolomite, Graphite, Quartzite, Sillimonite etc.,
* Over 10% of Forest Products requirements of the country met from NER. Rich in Biodiversity, Immense Potential in Hydro Power Generation.
* 80% of Total Hydro Power Potential of the Country. Arunachal Pradesh alone Expected to Generate 267GW i.e 30% of Total Country Production.
* A central region for many International Initiatives and Trade agreements: SAFTA, BIMSTEC, APTA, LEP, EAS.
* Gateway for South-East Asian Nations. Though shares just 3% of Total GDP of the Nation.
* Because of Multi-Lingual and Multi-Religious society, NE envisaged with some special Provision in Our Constitution like Part IX and Part IXA not applicable for Nagaland and Parts of Assam, Manipur, Meghalaya, Mizoram.
* Local Autonomy ensured with Sixth Schedule Status to NE states: Assam, Tripura, Meghalaya and Mizoram.
* Special Status For Nagaland Under Art- 371A
1. Various Accords:
Peace Accords and the creation and restructuring of Administrative Units in NE India
Date Accord Parties to the Accord Unit Created
1947Naga-Akbar Hydari AccordAkbar Hydari, Assam State and Naga National Council Representatives. Nagas Given Autonomy for 10years.
1960Sixteen Point AgreementGoI and Naga Peoples ConventionCreated the State of Nagaland
1975Shillong AccordGovernor L.P.Singh of Nagaland and Underground OrganizationSurrendered but no benefit for Nagas
1985Assam AccordAASU&AGSP reps, Union Home Ministry, Chief Secretary, Assam.Explained in detail Below
1986MoUGoI and Laldenga on behalf of Mizo National FrontCreated the State of Mizoram
1988MoUGoI and Tripura National VolunteersReorganization of the Tripura Tribal Areas Autonomous Dist Councils(TTAADC) promised
1988Darjeeling Hill AccordGoI, WB State and Gorkhaland National Liberation Front Darjeeling Gorkha Hill Council
1993Memorandum of SettlementAll Bodo Students Union President and Assam StateBodoland Autonomous Council
1993Agartala Agreement/MoSTripura state and All Tripura Tiger ForceRenewed Commitment to reorganize TTAADC
1994MoSMizoram State Council and Hmar Peoples ConventionSinlung Hills Development Council
1995MoUAssam State and Representatives of community organization of the Rabhas, Karbis, Tiwas and MishingsKarbi Anglong District council became Karbi Anglong autonomous Council. Rabha-Hasong Autonomous council, Tiwa Autonomous council and Mishing Autonomous Council which were not territorial, were established.
2003Bodoland Territorial Council AgreementGoI, Assam State and Bodo territorial Council AgreementBodoland Territorial Council
2011MoU GoI, WB State and Gorkha Janmukti MorchaCreated Gorkhaland Territorial Administration
1. The Sixth Schedule And Local Autonomy:
The changing status of the areas under the 1919 and 1935 Acts after Independence is shown below.
Backward Tracts under 1919 Act Renamed as Excluded Areas in 1935Act. Included in the Sixth Scheduleof the Indian Constitution in 1950 Present Status of the Areas
Garo Hills district, Khasi Hills district Jaintia district Reconstituted as Meghalaya and an autonomous state in Assam in 1969. Meghalaya, became a full fledged state in 1971. The three districts still enjoy autonomy under the Sixth Schedule
Mikir Hills Renamed as Karbi Anglong
North Cachar Hills Renamed as North Cachar
Naga Hills districtBecame a part of Nagaland state in 1963 (earlier constituted as union territory).
Lushai Hills districtBecame Mizoram state in 1987(earlier constituted as union territory)
Sadiya frontier tractBalipara frontier tractLakhimpur frontier tractThese three tracts were first reconstituted as North-Eastern Frontier Area (NEFA) and subsequently as Arunachal Pradesh state
* Sixth Schedule provided for autonomous districts and autonomous regions within those districts with elected councils that enjoyed the power to levy certain taxes, to constitute courts for administering justice and make laws on various subjects. Powers of the District Councils and Regional Councils to make laws were with respect to-
(a) the allotment, occupation or use, or the setting apart, of land, other than any land which is a reserved forest for the purposes of agriculture or grazing or for residential or other non-agricultural purposes or for any other purpose likely to promote the interests of the inhabitants of any village or town
(b) the management of any forest not being a reserved forest;
(c) the use of any canal or water-course for the purpose of agriculture;
(d) the regulation of the practice of jhum or other forms of shifting cultivation;
(e) the establishment of village or town committees or councils and their powers;
(f) any other matter relating to village or town administration, including village or town police and public health and sanitation;
(g) the appointment or succession of Chiefs or Headmen;
(h) the inheritance of property;
* A "reserved forest" mean area reserved under Assam Forest Regulation, 1891, or under any other law for the time being in force in the area in question.
* The District Council for an autonomous district shall have the power to levy and collect all or any of the following taxes within such district, that is to say-
(a) taxes on professions, trades, callings and employments;
(b) taxes on animals, vehicles and boats;
(c) taxes on the entry of goods into a market for sale therein, and tolls on passengers and goods carried in ferries; and
(d) taxes for the maintenance of schools, dispensaries or roads. Further licences or leases for the purpose of prospecting for, or extraction of, minerals. - Also were under the purview of the respective District Council.
Areas in the NE region NOT covered under part IX and part IX A of the constitution
State/Area within a State Provisions under which exempt
NagalandExempt under Article 243M and not covered under Sixth Schedule
Hill areas of Manipur
Meghalaya Exempt under Article 243M and covered by the provisions of the Sixth Schedule
Mizoram Exempt under Article 243M, with some areas of the State covered by the provisions of the Sixth Schedule
Bodoland, North Cachar and Karbi Anglong districts of AssamCovered under Sixth Schedule
1. Historical Background of the Issue:
* British east India company brought Muslim Peasants from East Bengal to Brahmaputra Valley(Policy of Permanent Settlement), Policy towards the development of the region accelerated the movement of people from outside, they needed essential human resources includes administrators, businessmen & Laours.
* Assam annexed by British in 1826 and adopted Bengali as official Language though mostly inhibited by Bodos and Ahoms. Bodos are Largest Plain Tribes of India.
* Partition Bengal in 1905 created Communal differences and Tensions.
* Formation of All India Muslim League in Dhaka in 1906 encouraged the migration to increase the Muslim population in Assam for political reasons.
* GoI(Excluded and Partially Excluded areas) order 1926 and GoI Act 1935 all based on assumptions that only hill tribes need special protection as there were vast differences between them and the majority of the Assamese people in the Plains. Plain Tribes Ignored.
* In 1937 Muslim League, demanded and created Pakistan for Muslims, became part of the ruling dispensation of Assam and its leader, Saiyid Mohammad Saadulla, headed five different ministries for most of the period 1937-1946. The elections had been held to Indian provinces after the British relented and gave Provincial Autonomy.
* In 1941 the ruling Muslim League introduced Land Settlement Policy, which allowed migrants to settle down in government land anywhere in Assam.
* The agitation of locals opposed to the migration was further intensified by claims of Saadulla during World War II that his policy of allowing migrants into Assam was part of an effort of the Muslim League to help the British in its World War II efforts. The Muslim League, which supported the British war efforts, claimed immigrants would help in cultivating more food for the war period.
1. After partition of India:
* After partition, though Jinnah was secular in his inaugural speech, the following government provoked major communal riots and made Hindus to flee India.
* The East Bengal State Acquisition and Tenancy Act 1950 enacted by Muslim League made No land to be possessed by a single person in excess of 200 bighas or a quantity of 10 standard bighas/person of his family.
* The Zamindars, mostly Hindus lost land and fled to India in fear of future troubles.
* India Responded with Immigrant(Expulsion from Assam)Act 1950. It distinguished immigrants as Hindus- refuees and Muslims- Migrants. Allowed only people affected by civil disturbances in East Pakistan to settle in India(Muslim cannot claim so). Deported back them into East Pakistan.
* The Indias action created much antipathy to Pakistan and the made a pact with India. That is Nehru-Liaquat Ali Agreement of 1950 to allow return of all migrants back into East Pakistan regardless of religion and ensured same land they left before flee.
* Also it brought Muslims who fled to East Pakistan back into India. Around 161360 people came to Assam through recognized route during 1950.
* The all deportation allowed only who migrated before Dec31, 1950.
1. Immigration Before and After 1971:
* In 1964, Fresh Communal riots absorbed in both nations. Large influx of Hindu migrants in India.
* Assam state passed Prevention of Infiltration from Pakistan(PIP)Act 1964- More Secular from 1950 Act.
* This Formed Special Border Force, set up passport checkup center. More Engagements from federal government for the governance of border area witnessed.
* After the war of 1971, 75Million population of Bangladesh, 10 Million fled to India as refugees and 1million stayed permanently.
* When Electoral rolls were revised by State Election Commission, found a large no of Bangladeshi Muslims were included in that and asked the state to identify the constituencies with a big rise in no of votes.
* Assam Movement (1979-85) formed to agitate against the issue, Majority of them were Bodos, Koch-Rajbhangshi, Rabhas, Adivasis, Tea Tribes and Assamese.
* Issue worsened because of Nalli Massacre-1983.
* As a result, GoI enacted Illegal Migrant(Detention by Tribunals)Act 1983 confined only to Assam.
* Tripura do witnessed 6 lakh Bengali immigrants from 1947-1971.
* The Inhabitants who speaks Kokborok and other tribal groups formed Tripura National Volunteer Force (TNVF) and killed Bengali Immigrants at Mandai Bazaar (Mandai Bazaar Massacre).
* Agreement between GoI & TNVF for self-governance as TripuraTribal Autonomous Council.
* Extremists activities still exists under All Tripura Tiger Force and National Liberation Front of Tripura.
1. Laws and Agreements to tackle immigration and Citizenship in India:
* The Foreigners Act 1946 (all India, except Assam till Assam Accord was Signed).
* The foreigners Order 1948
* Citizenship Act 1955
* The Foreigners (Tribunals) Order, 1964
* The Foreigners (Tribunals) Amendment Order 2012
* The Passport(Entry into India)Act 1920
* The Citizenship (Registration of Citizen and Issue of National identity cards) Rules 2003
* The Citizenship Rules 2009
* Nehru- Liaquat Ali Agreement 1950
* Assam Accord, 1985
2. Provisions of IMDT Act, 1983:
* Enacted purportedly to deal with the detention of foreigners illegally migrated to India across the borders of the sensitive East& NE regions of the Country.
* Failed to serve the purpose because of its very stringent provisions.
* It setup tribunals to hear the complaints as quasi-judicial body. The complainant was required to prove the suspect is an Illegal Immigrant.
* It created burden to the complainant also contrary to other Laws, especially in Foreigner Act the onus to prove lies on suspect not on the prosecution.
* Also Complaint against a Immigrant could be filled only by prosecution lives within 3Km radius of the residence of accused. The affidavit also should be supported by a person of above same condition.
* The Act applicable to the migrants of after 25 March 1971.
* The Definition of Illegal Immigrant was mentioned as one without possessing passport, any travel document and any Law document.
* Conviction become difficult because easy to claim loss of passport, document etc., so responsibility again fell on Litigant.
* It restricted Litigant by saying not more than 10 application (or) declaration per one litigant.
1. Assam Accord, 1985
* Fixed the cut-off date to determine illegal migrants in Assam was March25,1971.
* Migrants who arrived before that considered citizens and arrived between Jan 01,1966 to Mar25, 1971 registered under Foreigners Act, their names deleted from electoral rolls for 10 years and restored after that.
* Those who came after Mar25,1971 deported under IMDTs.
* Other features of Accord include
* Updating NRC of 1951
* Cross checking electoral rolls with the updated NRC.
* Demarcation of the Indo-Bangladesh border clearly and creation of clear inhibited belt.
* Strict maintenance of Birth &Death registers at all administrative levels.
* Raising additional armed battalions and river police force to check infiltration
* Rebels not agreed with the accord and struggled to revoke it and asked for new law which deports all illegal immigrants irrespective of time of immigration.
1. Supreme Court Verdict, 2005
* Failure of IM(DT) Act, the cases Deported 1985-2003 were 1561 compared with deported from 1962-1984 through Foreigners Act 1946 were 3 Lakh, questioned the validity of the Act.
* On the Case Sarbananda Sonowal vs. Union of India in SC 2005, held that onus to prove a person as a foreigner on the complainant as unconstitutional and stuck down the Act.
* SC observed Deep analysis of IMDT act & Rules made they have purportedly enacted or made to give shelter or protection to immigrants of Bangladesh.
* Also held the Tribunals under IMDT should cease to function and cases before it to be transferred to Foreigners (Tribunals) order, 1964 and decided the manner provided under Foreigners Act, 1946.
* After the verdict the central amended Foreigners Act 1946 and Included Assam, as like other states in the Act. The tribunals became devoid of appellate authority to justify citizenship and the power came under Executive Authority.
* Government of West Bengal Managed to deport 50 lakh illegal migrants under Foreigners Act without Tribunals, IMDT act and any agitations recently.
1. Present Scenario
* According to a status Report of Union Home Ministry in 2008 says
* The demographic Composition in the districts bordering Bangladesh has altered with illegal immigration.
* Districts of Assam& WB bordering Bangladesh recorded high growth of population higher than the national Avg.
* According to affidavit by Assam state in 2008 says
* Three districts in Assam karimganj, Cachar and Dhubri borders Bangladesh
* All India Decadal growth of population during 1981-91 is 23.85%, but 42.08%, 47.5%, 56.57% respective with the above Districts.
* Consolidated total Deported/Pushed back illegal Immigrants under IMDTs-1547(Till July 2005) and Foreigners Tribunals-895(Till July 2012). Total=2442 Nos.
END
Name: Marudavanan.S
References:
1. White Paper on Foreigners' Issue, Home & Political Department, Government of Assam, July 2012.
2. Frontline Magazine, August and September 2012 Editions.
3. Research Paper on MIGRATION AND REFUGEE ISSUE BETWEEN INDIA AND BANGLADESH (2009) by Chitran Kumar, South Asian Studies Division, School of International Studies, JNU.
4. Securitization Of Illegal Migration of Bangladeshis To India Josy Joseph, Institute of Defence and Strategic Studies, Singapore.
5. The Hindu Opinions.
Contents:
1. Introduction
2. Strategic Importance
3. Various Accords
4. Sixth Schedule and Local Autonomy
5. Historical Background of Immigration
6. After Partition of India
7. Immigration Before and After 1971
8. Laws and Agreements to tackle Immigration and citizenship in India
9. Provisions of IMDT Act 1983
10. Assam Accord, 1985
11. Supreme court Verdict, 2005
12. Present Scenario
1. Introduction:
* In the midst of security, human rights, border Land and resource sharing issues of North East India, the illegal Immigration gets up in the order as one of the major socio economic unresolved problems.
* Started as a conflict between the inhabitants and settlers as land tenants during British period, the issue developed as a resource sharing to communal conflicts.
* The clashes and loss of life for the past five decades needs strong political decisions regardless of the brotherhood bond between India and Bangladesh.
* The violence of Kokrajhar in Assam triggered all India communal tensions towards a particular community. The issue needed to be addressed in a broader platform.
* For Mains, this article can be covered under topics of GS-II paper and State PSCs exams.
1. Strategic Importance:
* Ethnic mosaic as diverse as the rest of our nation, of the 563 communities listed by the People of India project, 635 were categorized as tribal, as which 213 were belong to NE states.
* Project also listed 325 languages of 175 belong to Tibeto-Burman and the MonKhmer family were found in NE.
* NE represents Indias most complex affair, leading to difficulty in policy making and execution.
* 84% of its population from rural, Geography- 9%of India, 98% of border form Indias International Boundary.
* Connected by 27Km Siliguri Corridor of West Bengal with rest of the Nation. Called as 7 sister and a brother State. Sikkim not part of NE initially, till approved so by GoI in 2002.
* Rich in Resources: Hydrocarbons, coal, Limestone, dolomite, Graphite, Quartzite, Sillimonite etc.,
* Over 10% of Forest Products requirements of the country met from NER. Rich in Biodiversity, Immense Potential in Hydro Power Generation.
* 80% of Total Hydro Power Potential of the Country. Arunachal Pradesh alone Expected to Generate 267GW i.e 30% of Total Country Production.
* A central region for many International Initiatives and Trade agreements: SAFTA, BIMSTEC, APTA, LEP, EAS.
* Gateway for South-East Asian Nations. Though shares just 3% of Total GDP of the Nation.
* Because of Multi-Lingual and Multi-Religious society, NE envisaged with some special Provision in Our Constitution like Part IX and Part IXA not applicable for Nagaland and Parts of Assam, Manipur, Meghalaya, Mizoram.
* Local Autonomy ensured with Sixth Schedule Status to NE states: Assam, Tripura, Meghalaya and Mizoram.
* Special Status For Nagaland Under Art- 371A
1. Various Accords:
Peace Accords and the creation and restructuring of Administrative Units in NE India
Date Accord Parties to the Accord Unit Created
1947Naga-Akbar Hydari AccordAkbar Hydari, Assam State and Naga National Council Representatives. Nagas Given Autonomy for 10years.
1960Sixteen Point AgreementGoI and Naga Peoples ConventionCreated the State of Nagaland
1975Shillong AccordGovernor L.P.Singh of Nagaland and Underground OrganizationSurrendered but no benefit for Nagas
1985Assam AccordAASU&AGSP reps, Union Home Ministry, Chief Secretary, Assam.Explained in detail Below
1986MoUGoI and Laldenga on behalf of Mizo National FrontCreated the State of Mizoram
1988MoUGoI and Tripura National VolunteersReorganization of the Tripura Tribal Areas Autonomous Dist Councils(TTAADC) promised
1988Darjeeling Hill AccordGoI, WB State and Gorkhaland National Liberation Front Darjeeling Gorkha Hill Council
1993Memorandum of SettlementAll Bodo Students Union President and Assam StateBodoland Autonomous Council
1993Agartala Agreement/MoSTripura state and All Tripura Tiger ForceRenewed Commitment to reorganize TTAADC
1994MoSMizoram State Council and Hmar Peoples ConventionSinlung Hills Development Council
1995MoUAssam State and Representatives of community organization of the Rabhas, Karbis, Tiwas and MishingsKarbi Anglong District council became Karbi Anglong autonomous Council. Rabha-Hasong Autonomous council, Tiwa Autonomous council and Mishing Autonomous Council which were not territorial, were established.
2003Bodoland Territorial Council AgreementGoI, Assam State and Bodo territorial Council AgreementBodoland Territorial Council
2011MoU GoI, WB State and Gorkha Janmukti MorchaCreated Gorkhaland Territorial Administration
1. The Sixth Schedule And Local Autonomy:
The changing status of the areas under the 1919 and 1935 Acts after Independence is shown below.
Backward Tracts under 1919 Act Renamed as Excluded Areas in 1935Act. Included in the Sixth Scheduleof the Indian Constitution in 1950 Present Status of the Areas
Garo Hills district, Khasi Hills district Jaintia district Reconstituted as Meghalaya and an autonomous state in Assam in 1969. Meghalaya, became a full fledged state in 1971. The three districts still enjoy autonomy under the Sixth Schedule
Mikir Hills Renamed as Karbi Anglong
North Cachar Hills Renamed as North Cachar
Naga Hills districtBecame a part of Nagaland state in 1963 (earlier constituted as union territory).
Lushai Hills districtBecame Mizoram state in 1987(earlier constituted as union territory)
Sadiya frontier tractBalipara frontier tractLakhimpur frontier tractThese three tracts were first reconstituted as North-Eastern Frontier Area (NEFA) and subsequently as Arunachal Pradesh state
* Sixth Schedule provided for autonomous districts and autonomous regions within those districts with elected councils that enjoyed the power to levy certain taxes, to constitute courts for administering justice and make laws on various subjects. Powers of the District Councils and Regional Councils to make laws were with respect to-
(a) the allotment, occupation or use, or the setting apart, of land, other than any land which is a reserved forest for the purposes of agriculture or grazing or for residential or other non-agricultural purposes or for any other purpose likely to promote the interests of the inhabitants of any village or town
(b) the management of any forest not being a reserved forest;
(c) the use of any canal or water-course for the purpose of agriculture;
(d) the regulation of the practice of jhum or other forms of shifting cultivation;
(e) the establishment of village or town committees or councils and their powers;
(f) any other matter relating to village or town administration, including village or town police and public health and sanitation;
(g) the appointment or succession of Chiefs or Headmen;
(h) the inheritance of property;
* A "reserved forest" mean area reserved under Assam Forest Regulation, 1891, or under any other law for the time being in force in the area in question.
* The District Council for an autonomous district shall have the power to levy and collect all or any of the following taxes within such district, that is to say-
(a) taxes on professions, trades, callings and employments;
(b) taxes on animals, vehicles and boats;
(c) taxes on the entry of goods into a market for sale therein, and tolls on passengers and goods carried in ferries; and
(d) taxes for the maintenance of schools, dispensaries or roads. Further licences or leases for the purpose of prospecting for, or extraction of, minerals. - Also were under the purview of the respective District Council.
Areas in the NE region NOT covered under part IX and part IX A of the constitution
State/Area within a State Provisions under which exempt
NagalandExempt under Article 243M and not covered under Sixth Schedule
Hill areas of Manipur
Meghalaya Exempt under Article 243M and covered by the provisions of the Sixth Schedule
Mizoram Exempt under Article 243M, with some areas of the State covered by the provisions of the Sixth Schedule
Bodoland, North Cachar and Karbi Anglong districts of AssamCovered under Sixth Schedule
1. Historical Background of the Issue:
* British east India company brought Muslim Peasants from East Bengal to Brahmaputra Valley(Policy of Permanent Settlement), Policy towards the development of the region accelerated the movement of people from outside, they needed essential human resources includes administrators, businessmen & Laours.
* Assam annexed by British in 1826 and adopted Bengali as official Language though mostly inhibited by Bodos and Ahoms. Bodos are Largest Plain Tribes of India.
* Partition Bengal in 1905 created Communal differences and Tensions.
* Formation of All India Muslim League in Dhaka in 1906 encouraged the migration to increase the Muslim population in Assam for political reasons.
* GoI(Excluded and Partially Excluded areas) order 1926 and GoI Act 1935 all based on assumptions that only hill tribes need special protection as there were vast differences between them and the majority of the Assamese people in the Plains. Plain Tribes Ignored.
* In 1937 Muslim League, demanded and created Pakistan for Muslims, became part of the ruling dispensation of Assam and its leader, Saiyid Mohammad Saadulla, headed five different ministries for most of the period 1937-1946. The elections had been held to Indian provinces after the British relented and gave Provincial Autonomy.
* In 1941 the ruling Muslim League introduced Land Settlement Policy, which allowed migrants to settle down in government land anywhere in Assam.
* The agitation of locals opposed to the migration was further intensified by claims of Saadulla during World War II that his policy of allowing migrants into Assam was part of an effort of the Muslim League to help the British in its World War II efforts. The Muslim League, which supported the British war efforts, claimed immigrants would help in cultivating more food for the war period.
1. After partition of India:
* After partition, though Jinnah was secular in his inaugural speech, the following government provoked major communal riots and made Hindus to flee India.
* The East Bengal State Acquisition and Tenancy Act 1950 enacted by Muslim League made No land to be possessed by a single person in excess of 200 bighas or a quantity of 10 standard bighas/person of his family.
* The Zamindars, mostly Hindus lost land and fled to India in fear of future troubles.
* India Responded with Immigrant(Expulsion from Assam)Act 1950. It distinguished immigrants as Hindus- refuees and Muslims- Migrants. Allowed only people affected by civil disturbances in East Pakistan to settle in India(Muslim cannot claim so). Deported back them into East Pakistan.
* The Indias action created much antipathy to Pakistan and the made a pact with India. That is Nehru-Liaquat Ali Agreement of 1950 to allow return of all migrants back into East Pakistan regardless of religion and ensured same land they left before flee.
* Also it brought Muslims who fled to East Pakistan back into India. Around 161360 people came to Assam through recognized route during 1950.
* The all deportation allowed only who migrated before Dec31, 1950.
1. Immigration Before and After 1971:
* In 1964, Fresh Communal riots absorbed in both nations. Large influx of Hindu migrants in India.
* Assam state passed Prevention of Infiltration from Pakistan(PIP)Act 1964- More Secular from 1950 Act.
* This Formed Special Border Force, set up passport checkup center. More Engagements from federal government for the governance of border area witnessed.
* After the war of 1971, 75Million population of Bangladesh, 10 Million fled to India as refugees and 1million stayed permanently.
* When Electoral rolls were revised by State Election Commission, found a large no of Bangladeshi Muslims were included in that and asked the state to identify the constituencies with a big rise in no of votes.
* Assam Movement (1979-85) formed to agitate against the issue, Majority of them were Bodos, Koch-Rajbhangshi, Rabhas, Adivasis, Tea Tribes and Assamese.
* Issue worsened because of Nalli Massacre-1983.
* As a result, GoI enacted Illegal Migrant(Detention by Tribunals)Act 1983 confined only to Assam.
* Tripura do witnessed 6 lakh Bengali immigrants from 1947-1971.
* The Inhabitants who speaks Kokborok and other tribal groups formed Tripura National Volunteer Force (TNVF) and killed Bengali Immigrants at Mandai Bazaar (Mandai Bazaar Massacre).
* Agreement between GoI & TNVF for self-governance as TripuraTribal Autonomous Council.
* Extremists activities still exists under All Tripura Tiger Force and National Liberation Front of Tripura.
1. Laws and Agreements to tackle immigration and Citizenship in India:
* The Foreigners Act 1946 (all India, except Assam till Assam Accord was Signed).
* The foreigners Order 1948
* Citizenship Act 1955
* The Foreigners (Tribunals) Order, 1964
* The Foreigners (Tribunals) Amendment Order 2012
* The Passport(Entry into India)Act 1920
* The Citizenship (Registration of Citizen and Issue of National identity cards) Rules 2003
* The Citizenship Rules 2009
* Nehru- Liaquat Ali Agreement 1950
* Assam Accord, 1985
2. Provisions of IMDT Act, 1983:
* Enacted purportedly to deal with the detention of foreigners illegally migrated to India across the borders of the sensitive East& NE regions of the Country.
* Failed to serve the purpose because of its very stringent provisions.
* It setup tribunals to hear the complaints as quasi-judicial body. The complainant was required to prove the suspect is an Illegal Immigrant.
* It created burden to the complainant also contrary to other Laws, especially in Foreigner Act the onus to prove lies on suspect not on the prosecution.
* Also Complaint against a Immigrant could be filled only by prosecution lives within 3Km radius of the residence of accused. The affidavit also should be supported by a person of above same condition.
* The Act applicable to the migrants of after 25 March 1971.
* The Definition of Illegal Immigrant was mentioned as one without possessing passport, any travel document and any Law document.
* Conviction become difficult because easy to claim loss of passport, document etc., so responsibility again fell on Litigant.
* It restricted Litigant by saying not more than 10 application (or) declaration per one litigant.
1. Assam Accord, 1985
* Fixed the cut-off date to determine illegal migrants in Assam was March25,1971.
* Migrants who arrived before that considered citizens and arrived between Jan 01,1966 to Mar25, 1971 registered under Foreigners Act, their names deleted from electoral rolls for 10 years and restored after that.
* Those who came after Mar25,1971 deported under IMDTs.
* Other features of Accord include
* Updating NRC of 1951
* Cross checking electoral rolls with the updated NRC.
* Demarcation of the Indo-Bangladesh border clearly and creation of clear inhibited belt.
* Strict maintenance of Birth &Death registers at all administrative levels.
* Raising additional armed battalions and river police force to check infiltration
* Rebels not agreed with the accord and struggled to revoke it and asked for new law which deports all illegal immigrants irrespective of time of immigration.
1. Supreme Court Verdict, 2005
* Failure of IM(DT) Act, the cases Deported 1985-2003 were 1561 compared with deported from 1962-1984 through Foreigners Act 1946 were 3 Lakh, questioned the validity of the Act.
* On the Case Sarbananda Sonowal vs. Union of India in SC 2005, held that onus to prove a person as a foreigner on the complainant as unconstitutional and stuck down the Act.
* SC observed Deep analysis of IMDT act & Rules made they have purportedly enacted or made to give shelter or protection to immigrants of Bangladesh.
* Also held the Tribunals under IMDT should cease to function and cases before it to be transferred to Foreigners (Tribunals) order, 1964 and decided the manner provided under Foreigners Act, 1946.
* After the verdict the central amended Foreigners Act 1946 and Included Assam, as like other states in the Act. The tribunals became devoid of appellate authority to justify citizenship and the power came under Executive Authority.
* Government of West Bengal Managed to deport 50 lakh illegal migrants under Foreigners Act without Tribunals, IMDT act and any agitations recently.
1. Present Scenario
* According to a status Report of Union Home Ministry in 2008 says
* The demographic Composition in the districts bordering Bangladesh has altered with illegal immigration.
* Districts of Assam& WB bordering Bangladesh recorded high growth of population higher than the national Avg.
* According to affidavit by Assam state in 2008 says
* Three districts in Assam karimganj, Cachar and Dhubri borders Bangladesh
* All India Decadal growth of population during 1981-91 is 23.85%, but 42.08%, 47.5%, 56.57% respective with the above Districts.
* Consolidated total Deported/Pushed back illegal Immigrants under IMDTs-1547(Till July 2005) and Foreigners Tribunals-895(Till July 2012). Total=2442 Nos.
END
Name: Marudavanan.S
References:
1. White Paper on Foreigners' Issue, Home & Political Department, Government of Assam, July 2012.
2. Frontline Magazine, August and September 2012 Editions.
3. Research Paper on MIGRATION AND REFUGEE ISSUE BETWEEN INDIA AND BANGLADESH (2009) by Chitran Kumar, South Asian Studies Division, School of International Studies, JNU.
4. Securitization Of Illegal Migration of Bangladeshis To India Josy Joseph, Institute of Defence and Strategic Studies, Singapore.
5. The Hindu Opinions.
India Bangladesh Relations
Background:
Birth of Bangladesh:
* Bangladesh was born out of Bangladesh liberation war of 1971 followed by India entering the war known as Indo-Pakistan war of 1971
Bangladesh war of Liberation:
Causes:
* When India & Pakistan got independence, Pakistan had two parts namely East Pakistan & West Pakistan
* The Liberation mainly happened due to the step motherly treatment meted towards East Pakistan
* West Pakistan had four provinces: Punjab, Sindh, Balochistan, and the North-West Frontier. The fifth province was East Pakistan
* East Pakistan made 70% of Pakistans exports yet was provided only 25% of the imported money
* East Pakistan had the highest population of all the 5 provinces yet had very less political power when compared to west
* In 1948 Muhammad Ali Jinnah stated the official language of Pakistan was Urdu there was resentment among East Pakistanis as they spoke Bangla,they disagreed.
* This lead to protests in East Pakistan on 21 February 1952 7 students were killed in fierce protest
* 21 February since then is observed each year to emphasize the importance of the Bengali language.
* February 21st is now recognized as the International Mother Language Day by the United Nations
* Cyclone Bhola hit east Pakistan in 1971 killing 5 lakh people the Pakistani Govt. did not provide enough relief adding more misery
Immediate Causes
* The Awami League, led by Sheikh Mujibur Rahman, won a landslide victory in the national elections in 1971 and demanded autonomy for East Pakistan.
* This victory gave it the right to form a government, but Zulfikar Ali Bhutto, the Chairman of the Pakistan Peoples Party refused to let the Sheikh become the Prime Minister of Pakistan.
* The war broke out when Pakistani Army launched Operation Searchlight which was to kill anybody who supported the claim of accepting the democratic elections that gave Awami clear majority
* In response East Pakistan declared Independence, Bengali military, paramilitary and civilians formed the Mukti Bahini, which engaged in guerrilla warfareagainst Pakistani forces.
* The wide spread atrocities by Pakistani Army lead to refugees entering India, The East Pakistan-India border was opened to allowrefugeessafe shelter in India
* The then PM Indira Gandhi appealed to international community with no proper response.
* Indian intelligence trained the Mukti Bahini
* On 9 August 1971, India signed atwenty-year co-operation treatywith the Soviet Union which promised military support to nation on being attacked
* To the Pakistani leadership this seemed to be a plan by India to go on war with Pakistan
* Operation Chengis Khan was launched on India, Pakistan Air force attacked forward air bases of India.
* The then PM Indira Gandhi declared war on Pakistan & thus India entered the war on December 3,1971 ended on 16, December 1971 liberating East Pakistan the future Bangladesh .
* War ended in 13 days one of the shortest in history
* China & USA were one of the last countries to recognize Bangladesh
What followed?
* Soon after Bangladesh was recognized Indira Gandhi signed treaty with Acting president Nazrul Islam according to which India would leave Bangladesh as soon as normalcy returned to Bangladesh
Treaty of Friendship
* Shiek Mujib soon after assuming office signed Treaty of Friendship & Peace with India
* Treaty of Friendship & Peace was signed for a period of 25years
* It spoke of Friendship, promise not interfere in each other internal affairs
* In case of aggression against either of the countries both would consult each other
* Not to support a third country when aggression on one another ,not to attack each other
The Trade Agreement
* Short term agreement signed between two countries provided duty free zone upto 16km on both sides of the border
* Trade up to 50 Crore a year ,market access to Bangladesh
Shimla Agreement 1972
* The treaty was signed inShimla,India, byZulfiqar Ali Bhutto, thePrime Minister of Pakistan, andIndira Gandhi, thePrime Minister of India.
* Signed between India & Pakistan to put an end to the conflict and confrontation that have hitherto marred their relations
* Lead to dipomatic recognition of Bangladesh by Pakistan
Delhi Agreement 1973
* On the Repatriation of War and Civilian Internees is a tripartite agreement between India,Pakistan & Bangladesh
* Signed by foreign ministers of respective countries
Assasination of Mujibur Rehaman
* Bangladeshs economy worsened prices sky rocked, Mujib Rehman declared emergency and assumed all powers on himself
* A coup (1975) was staged by army majors & Mujib was killed
* Islamic fundamentalism rose ,Lt. General Zia-ur-Rehman assumed power
* Bangladesh became pro Pakistani,became Islamic Republic when its Parliament passed Amendment bill in 1988 declaring Islam as a State religion
* Lt. General Zia-ur-Rehman ruled till 1981 was killed replaced by civilian President Sattar who again was replaced in a bloodless coup by Lt.Gen.Ershad
* Ershad took Bangladesh more closer to Islamic countries,oil producing countries
* Bangladesh became pro Pakistan and anti India.
The Military Years
* After the death of Mujib Rehaman, ruled till 1981 was the founder of Bangladesh Nationalist Party
* Sheik Hasina was in self exile in India post her Father Mujibs assassination only to return when elected as Leader of the Awami league
* During rule Bangladesh turned pro Islamic and pro China to an extend of China becoming leading arms supplier
* China supplied fifteen F-6 fighter jets and in 1986, they issued sixteen more A-5 fighters.
* Bangladesh did this to counter balance India in the region
* India started aiding Shinti Bahini guerrillas in the Chittagong Hill Tracts, as Bangladesh began to serve as a conduit for arms and a home base for insurgents in Northeast India.
* Zia-ur-Rehman was controversial for supporting pro Pakistani anti liberation leaders who killed Mujibur Rehman
* Following a bloodless coup Lt.Gen.Ershad took the reign,he ruled by martial law
* Following the collapse of the Soviet Union, pressure from western donors for reforms aided in the democratic movement, Ershad resigned following students protest against the regime
Democracy in Bangladesh 1990-2009
* Bangladesh Nationalist Party assumed power led by Khaleda Zia, she followed the policy of earlier military regimes ,Pro Pakistan, China gave safe heaven to terrorists
* The election of Sheik Hasina greatly improved India-Bangladesh relations
Issues Between India & Bangladesh
* Water
Sharing of Ganga waters: Farraka Barrage
* River Ganga originating from Gangotri flows south eastern direction from India and reaches Bangladesh
* River Ganga bifurcates south of Farraka in Murshidabad district of West Bengal
* The water dispute is mainly during the lean season of the Ganges between January and May
* Flow of Ganga reduces to 55000cusecs,Kolkatta Port needs a minimum of 40000cusecs leaving only 15000cusecs for Bangladesh which is insufficient for them
* Studies showed that Kolkatta Port needed minimum of 40000cusecs for its safety.
* The Farraka Barrage was built when Bangladesh was still East Pakistan 1961-71
* In1972 Joint Rivers Commission was setup in accordance with Mujjib - Indira agreement
* Mujib visited India in 1974 which lead to signing of agreement in 1975,India agreed to allow about 80% of water to Bangladesh in 6weeks of the lean period
* After Mujibs assassination Indias attitude changed,as the agreement expired India returned to drawing the normal 40000cusecs
The 1977 Agreement
* This agreement was signed by the new government led by PM Moraji desai & Zia ur Rehman
* Provided partial solution as it spoke of only water release during the lean period only
* It was set such that sharing of water would be regulated every 10 days
* 5 year agreement expired by 1982
* The old agreement was extended between the then PM Indira Gandhi and President Ershad
* The Minimum availability clause of the old agreement was deleted and the sharing of water depended on the availability of water
* The agreement expired by 1988 and s India drew water on adhoc basis
* India suggested a link canal between Bramahaputra & Ganges as the current discharge of water was low to share between the two countries
* Bangladesh refused the offer calling it legally unjustifiable, technically impractical, economically and ecologically disastrous."
New Treaty:
* Bilateral treaty was signed by the Indian Prime minister H. D. Deve Gowda and his Bangladeshi counterpart Sheik Hasina Wajed on 12 December, 1996.
* This treaty established a thirty year water sharing arrangement with guaranteed minimum quantities of water supply for Bangladesh, whose rights as a lower riparian country was recognized.
* The 30 year water sharing treaty envisaged that the water of the Ganges River would be distributed from Farakka for the two countries between 1 January
and 31 May of each year
* India was required to maintain the flow of Farakka at the average level of the previous 40 years
Teesta River Water Dispute:
* The 1983 Teesta River Agreement allows India and Bangladesh to share 75 percent of the river water on a 39 and 36 percent basis.
* The Teesta River floodplain that includes the extreme northwest region of Bangladesh
accounts for 14% of the total cropped area in 2001
* Around 63% of the total cropped area in the region is irrigated laying down a direct link between irrigational water availability and agricultural use.
* The floodplain which is presently considered a dry zone depends on the Trans Boundary River flows between India and Bangladesh
* During Prime Minister Manmohan Singhs visit to Bangladesh in 2011, it was announced that India would share the remaining 25 percent of the river water on a 50:50 basis.
* This met with opposition from West Bengal CM Mamata Banerjee as it might affect farmers of her state and the signing was held back
* On 10 February 2013, Indian Foreign Secretary, Ranjan Mathai pledged conclusive obligation over the Teesta ordeal, We are unwavering in our commitment to reach a satisfactory conclusion within the shortest possible timeframe.
* Land Disputes
The New Moore Island Dispute
* New Moore Island covering an area of 2t o12sq.km,depending on rising and receding tide is located in the Bay of Bengal.
* It is 5000meters from Indian coastal point and 7000meters from Bangladesh coastal point
* It was first noticed in 1971,notified to British Admiralty
* West Bengal Govt called it Purbhasha(Hope of East),Bangladesh called it South Talapatty
* In 1980 when Indian flag was hoisted Bangladesh protested calling it a disputed area.
* India had followed the Median Line principle
* This means an equidistant line drawn on plotted points on the sea from the nearest shores of the contending counties.
* Bangladesh even threatened to take it to UN
Indo-Bangladesh land boundary agreement- The Constitution (One Hundred and Nineteenth) Amendment Bill, 2013(THE HINDU dated Aug 13,2013)
* The amendment bill yet to be passed will lead to transfer of land worth 10000acres of land to Bangladesh,these transfers are enclaves.
What is a Enclave?
Geographical Territories of countries 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. E.g Pakistan before 1971 had two discontinuous territories East & West
* The residents of an enclave cannot travel to their home state without crossing international borders and obtaining the necessary permission for the same.
* Governmental agencies of the home state cannot access the enclave without the permission of the state that surrounds the enclave.
* As per the joint verification carried out by the Indian and Bangladeshi governments in April 1997, there are 111 Indian enclaves in Bangladesh and 51 Bangladeshi enclaves in India.
* The residents of these enclaves do not enjoy the same basic amenities that the mainland citizens of their country enjoy, only for practical problems of access.
* By the Land Boundary Agreement of 1974 between the two countries, and the 2011 Protocol to the said Agreement, India and Bangladesh agreed to exchange these small parcels of land and better demarcate the land boundary between them.
* The borders of the Indian States of Assam, West Bengal, Meghalaya and Tripura will be affected by this exchange of territory
Indian-Bangladesh Example
Tin Bigha Corridor:
Source: http://coochbehar.nic.in/htmfiles/tinbigha.html
* Dahagram and Angorpota,the two enclaves of Bangladesh are separated from district Rangpur of Bangladesh by a small patch of an acre of Indian territory called TinBigha.
* The transit of Bangladeshis via Tin Bigha was sought to be settled when Indira Gandhi and Bangladesh President H.M.Ershad signed an agreement in1982.
* It was agreed upon that Tin Bigha would be leased to Bangladesh
* People and security personnel of Bangladesh would have the right to free and unfettered movement and they would not be required to carry travel documents of any kind.
* This didnt happen as this needed a constitutional amendment and was opposed by the opposition
* Trade
Transshipment & Transit
* Transshipment refers to the shipment of goods or containers to an intermediate
destination, and then to yet another destination.
* Transshipment may also refer to the same movement using Bangladeshowned
transport.
* Transshipment has been achieved by India in its relationship with Bangladesh.
* Transit refers to the passage of Indian good across Bangladeshi borders to and
from the North Eastern states of Indian owned surface transport
* Bangladesh, on the 31 May, 2010 signed an agreement to finalize a transshipment
deal with India to allow Indian goods to be transported to Tripura through Bangladeshi territory.
* Goods produced in North east are affected because transport from North east to Kolkatta port is high, hampering trade this can be reduced by agreement with respect to transit from Bangladesh
* The two countries were supposed to sign an agreement in 2011 allowing transit access
to India. With India holding back on the Teesta issue, Bangladesh decided not go forward and sign the agreement.
* Transit access opposed in Bangladesh as it may help India increase its military strength in the North East region indirectly irritating China for helping India
* The only transit currently available is Siliguri corridor also known as Chicken neck is a narrow stretch that connects India to rest of North East
Source:Wikipedia: Red circle -> Siliguri corridor
Trade
* Weak economic ties has been one of the irritants in India Bangladesh relationship
* The trade deficit on the Bangladeshi side has been increasing on average 9% annually
Trade deficits stem from both trade and non trade barriers
Trade barriers
* Imposition of state tax
* Antidumping (AD)
* Countervailing duties
Non trade Barriers
* Laboratory tests in Bangladesh, especially for food products, cosmetics, and leather and textiles products.
* Packaging requirements
* Inadequate infrastructure facilities such as warehousing
* Illegal & Informal trade from India to Bangladesh has been a irritant as it leads to loss of customs duty
Illegal Immigration
* Bangladeshis enter India illegally because of poor economic conditions in Bangladesh
* Bangladesh is huge labour surplus country thus making India a pull factor
* There has been views that Bangladesh promoting lebensraum(expanded living space or habitat) which has led to such large presence of Bangladeshis especially in the border region.
* Migration has lead to Human trafficking ,flesh trade in the country
Indian Response
* Steps to identify these illegal migrants were taken under the Foreigners Act, 1946 and under the Illegal Migrants Determination byT ribunal (IMDT) Act, 1983 of Assam.
* IMDT act was struck down by Supreme Court
* These have provided little result due to ethnic, linguistic, cultural, physical and social similarities, Bangladeshi nationals tend to merge easily with the local population making it difficult to identify them.
Fencing
* Continuous illegal migration prompted India to fence its international borders with Bangladesh.
* Initially this project was meant to be completed by 1997 but the work has not moved along as planned.
* Out of the total length of 3,436.59 km to be fenced, so far fencing of 2,735.12 km has been completed
* Conclusion
* The Future of India-Bangladesh relations depends on the soon to be held election in Bangladesh which is between Sheik Hasina(Incumbent PM) lead Awami league and Khaleda Zia of Bangladesh Nationalist Party
* Sheik Hasina eldest daughter of Mujibir Rehman, founding father of Bangladesh-Pro India
* Khaleda Zia wife of Zia ur Rehman who founded the Bangladesh Nationalist Party-Pro Islamic-Pro Pakistani
by Aditya Ravichandran
Sources
http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/reconfiguring-bangladeshindia-relations/article4549430.ece
http://www.thehindu.com/opinion/lead/future-of-indiabangladesh-relations/article77850.ece
http://www.ficci.com/spdocument/20184/StatusPaperonIndiaBangladesh.pdf
http://idcr.cprindia.org/p/blog-page_6630.html
http://thediplomat.com/the-pulse/2013/09/03/the-india-bangladesh-land-swap-deal/
http://www.aspenindia.org/pdf/India_Bangladesh_Report.pdf
http://www.ipcs.org/pdf_file/issue/SR97.pdf
http://idsa.in/idsastrategiccomments/KhaledasPakistanvisitShiftsFocustoEconomicSynergy_SDatta_270206
http://idsa.in/idsastrategiccomments/UnholyallianceinNorthEastIndia_MASingh_190209
http://idsa.in/idsastrategiccomments/34thAnniversaryofBangladeshLiberation_CUBhaskar_141205
http://www.thehindu.com/opinion/lead/indias-secret-war-in-bangladesh/article2747538.ece
501596614
http://www.economist.com/news/books-and-arts/21586514-new-history-sheds-fresh-light-shameful-moment-american-foreign-policy-blood
http://www.amibangladeshi.org/A_Nation_Is_Born
http://www.ipcs.org/article/india/teesta-water-accord-expectations-for-indo-bangladesh-water-diplomacy-3825.html
http://www.thehindu.com/opinion/lead/a-settlement-long-overdue/article5016349.ece
http://invitetobd.blogspot.in/2012/01/tin-bigha-corridor.html
wikipedia
Books
India S Neighbourhood Challenges in the Next Two Decades-Idsa
Handbook of Indias International Relations- Edited by David Scott-Routledge International
Foreign Policy of India. V N Khanna
Note
My last article was on India-Afghanistan Relations.I intend to follow this up with other Neighouring countries of India, do suggest ways to improvement my writing skills.
If you find the piece worth publishing in your website please do it.
Birth of Bangladesh:
* Bangladesh was born out of Bangladesh liberation war of 1971 followed by India entering the war known as Indo-Pakistan war of 1971
Bangladesh war of Liberation:
Causes:
* When India & Pakistan got independence, Pakistan had two parts namely East Pakistan & West Pakistan
* The Liberation mainly happened due to the step motherly treatment meted towards East Pakistan
* West Pakistan had four provinces: Punjab, Sindh, Balochistan, and the North-West Frontier. The fifth province was East Pakistan
* East Pakistan made 70% of Pakistans exports yet was provided only 25% of the imported money
* East Pakistan had the highest population of all the 5 provinces yet had very less political power when compared to west
* In 1948 Muhammad Ali Jinnah stated the official language of Pakistan was Urdu there was resentment among East Pakistanis as they spoke Bangla,they disagreed.
* This lead to protests in East Pakistan on 21 February 1952 7 students were killed in fierce protest
* 21 February since then is observed each year to emphasize the importance of the Bengali language.
* February 21st is now recognized as the International Mother Language Day by the United Nations
* Cyclone Bhola hit east Pakistan in 1971 killing 5 lakh people the Pakistani Govt. did not provide enough relief adding more misery
Immediate Causes
* The Awami League, led by Sheikh Mujibur Rahman, won a landslide victory in the national elections in 1971 and demanded autonomy for East Pakistan.
* This victory gave it the right to form a government, but Zulfikar Ali Bhutto, the Chairman of the Pakistan Peoples Party refused to let the Sheikh become the Prime Minister of Pakistan.
* The war broke out when Pakistani Army launched Operation Searchlight which was to kill anybody who supported the claim of accepting the democratic elections that gave Awami clear majority
* In response East Pakistan declared Independence, Bengali military, paramilitary and civilians formed the Mukti Bahini, which engaged in guerrilla warfareagainst Pakistani forces.
* The wide spread atrocities by Pakistani Army lead to refugees entering India, The East Pakistan-India border was opened to allowrefugeessafe shelter in India
* The then PM Indira Gandhi appealed to international community with no proper response.
* Indian intelligence trained the Mukti Bahini
* On 9 August 1971, India signed atwenty-year co-operation treatywith the Soviet Union which promised military support to nation on being attacked
* To the Pakistani leadership this seemed to be a plan by India to go on war with Pakistan
* Operation Chengis Khan was launched on India, Pakistan Air force attacked forward air bases of India.
* The then PM Indira Gandhi declared war on Pakistan & thus India entered the war on December 3,1971 ended on 16, December 1971 liberating East Pakistan the future Bangladesh .
* War ended in 13 days one of the shortest in history
* China & USA were one of the last countries to recognize Bangladesh
What followed?
* Soon after Bangladesh was recognized Indira Gandhi signed treaty with Acting president Nazrul Islam according to which India would leave Bangladesh as soon as normalcy returned to Bangladesh
Treaty of Friendship
* Shiek Mujib soon after assuming office signed Treaty of Friendship & Peace with India
* Treaty of Friendship & Peace was signed for a period of 25years
* It spoke of Friendship, promise not interfere in each other internal affairs
* In case of aggression against either of the countries both would consult each other
* Not to support a third country when aggression on one another ,not to attack each other
The Trade Agreement
* Short term agreement signed between two countries provided duty free zone upto 16km on both sides of the border
* Trade up to 50 Crore a year ,market access to Bangladesh
Shimla Agreement 1972
* The treaty was signed inShimla,India, byZulfiqar Ali Bhutto, thePrime Minister of Pakistan, andIndira Gandhi, thePrime Minister of India.
* Signed between India & Pakistan to put an end to the conflict and confrontation that have hitherto marred their relations
* Lead to dipomatic recognition of Bangladesh by Pakistan
Delhi Agreement 1973
* On the Repatriation of War and Civilian Internees is a tripartite agreement between India,Pakistan & Bangladesh
* Signed by foreign ministers of respective countries
Assasination of Mujibur Rehaman
* Bangladeshs economy worsened prices sky rocked, Mujib Rehman declared emergency and assumed all powers on himself
* A coup (1975) was staged by army majors & Mujib was killed
* Islamic fundamentalism rose ,Lt. General Zia-ur-Rehman assumed power
* Bangladesh became pro Pakistani,became Islamic Republic when its Parliament passed Amendment bill in 1988 declaring Islam as a State religion
* Lt. General Zia-ur-Rehman ruled till 1981 was killed replaced by civilian President Sattar who again was replaced in a bloodless coup by Lt.Gen.Ershad
* Ershad took Bangladesh more closer to Islamic countries,oil producing countries
* Bangladesh became pro Pakistan and anti India.
The Military Years
* After the death of Mujib Rehaman, ruled till 1981 was the founder of Bangladesh Nationalist Party
* Sheik Hasina was in self exile in India post her Father Mujibs assassination only to return when elected as Leader of the Awami league
* During rule Bangladesh turned pro Islamic and pro China to an extend of China becoming leading arms supplier
* China supplied fifteen F-6 fighter jets and in 1986, they issued sixteen more A-5 fighters.
* Bangladesh did this to counter balance India in the region
* India started aiding Shinti Bahini guerrillas in the Chittagong Hill Tracts, as Bangladesh began to serve as a conduit for arms and a home base for insurgents in Northeast India.
* Zia-ur-Rehman was controversial for supporting pro Pakistani anti liberation leaders who killed Mujibur Rehman
* Following a bloodless coup Lt.Gen.Ershad took the reign,he ruled by martial law
* Following the collapse of the Soviet Union, pressure from western donors for reforms aided in the democratic movement, Ershad resigned following students protest against the regime
Democracy in Bangladesh 1990-2009
* Bangladesh Nationalist Party assumed power led by Khaleda Zia, she followed the policy of earlier military regimes ,Pro Pakistan, China gave safe heaven to terrorists
* The election of Sheik Hasina greatly improved India-Bangladesh relations
Issues Between India & Bangladesh
* Water
Sharing of Ganga waters: Farraka Barrage
* River Ganga originating from Gangotri flows south eastern direction from India and reaches Bangladesh
* River Ganga bifurcates south of Farraka in Murshidabad district of West Bengal
* The water dispute is mainly during the lean season of the Ganges between January and May
* Flow of Ganga reduces to 55000cusecs,Kolkatta Port needs a minimum of 40000cusecs leaving only 15000cusecs for Bangladesh which is insufficient for them
* Studies showed that Kolkatta Port needed minimum of 40000cusecs for its safety.
* The Farraka Barrage was built when Bangladesh was still East Pakistan 1961-71
* In1972 Joint Rivers Commission was setup in accordance with Mujjib - Indira agreement
* Mujib visited India in 1974 which lead to signing of agreement in 1975,India agreed to allow about 80% of water to Bangladesh in 6weeks of the lean period
* After Mujibs assassination Indias attitude changed,as the agreement expired India returned to drawing the normal 40000cusecs
The 1977 Agreement
* This agreement was signed by the new government led by PM Moraji desai & Zia ur Rehman
* Provided partial solution as it spoke of only water release during the lean period only
* It was set such that sharing of water would be regulated every 10 days
* 5 year agreement expired by 1982
* The old agreement was extended between the then PM Indira Gandhi and President Ershad
* The Minimum availability clause of the old agreement was deleted and the sharing of water depended on the availability of water
* The agreement expired by 1988 and s India drew water on adhoc basis
* India suggested a link canal between Bramahaputra & Ganges as the current discharge of water was low to share between the two countries
* Bangladesh refused the offer calling it legally unjustifiable, technically impractical, economically and ecologically disastrous."
New Treaty:
* Bilateral treaty was signed by the Indian Prime minister H. D. Deve Gowda and his Bangladeshi counterpart Sheik Hasina Wajed on 12 December, 1996.
* This treaty established a thirty year water sharing arrangement with guaranteed minimum quantities of water supply for Bangladesh, whose rights as a lower riparian country was recognized.
* The 30 year water sharing treaty envisaged that the water of the Ganges River would be distributed from Farakka for the two countries between 1 January
and 31 May of each year
* India was required to maintain the flow of Farakka at the average level of the previous 40 years
Teesta River Water Dispute:
* The 1983 Teesta River Agreement allows India and Bangladesh to share 75 percent of the river water on a 39 and 36 percent basis.
* The Teesta River floodplain that includes the extreme northwest region of Bangladesh
accounts for 14% of the total cropped area in 2001
* Around 63% of the total cropped area in the region is irrigated laying down a direct link between irrigational water availability and agricultural use.
* The floodplain which is presently considered a dry zone depends on the Trans Boundary River flows between India and Bangladesh
* During Prime Minister Manmohan Singhs visit to Bangladesh in 2011, it was announced that India would share the remaining 25 percent of the river water on a 50:50 basis.
* This met with opposition from West Bengal CM Mamata Banerjee as it might affect farmers of her state and the signing was held back
* On 10 February 2013, Indian Foreign Secretary, Ranjan Mathai pledged conclusive obligation over the Teesta ordeal, We are unwavering in our commitment to reach a satisfactory conclusion within the shortest possible timeframe.
* Land Disputes
The New Moore Island Dispute
* New Moore Island covering an area of 2t o12sq.km,depending on rising and receding tide is located in the Bay of Bengal.
* It is 5000meters from Indian coastal point and 7000meters from Bangladesh coastal point
* It was first noticed in 1971,notified to British Admiralty
* West Bengal Govt called it Purbhasha(Hope of East),Bangladesh called it South Talapatty
* In 1980 when Indian flag was hoisted Bangladesh protested calling it a disputed area.
* India had followed the Median Line principle
* This means an equidistant line drawn on plotted points on the sea from the nearest shores of the contending counties.
* Bangladesh even threatened to take it to UN
Indo-Bangladesh land boundary agreement- The Constitution (One Hundred and Nineteenth) Amendment Bill, 2013(THE HINDU dated Aug 13,2013)
* The amendment bill yet to be passed will lead to transfer of land worth 10000acres of land to Bangladesh,these transfers are enclaves.
What is a Enclave?
Geographical Territories of countries 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. E.g Pakistan before 1971 had two discontinuous territories East & West
* The residents of an enclave cannot travel to their home state without crossing international borders and obtaining the necessary permission for the same.
* Governmental agencies of the home state cannot access the enclave without the permission of the state that surrounds the enclave.
* As per the joint verification carried out by the Indian and Bangladeshi governments in April 1997, there are 111 Indian enclaves in Bangladesh and 51 Bangladeshi enclaves in India.
* The residents of these enclaves do not enjoy the same basic amenities that the mainland citizens of their country enjoy, only for practical problems of access.
* By the Land Boundary Agreement of 1974 between the two countries, and the 2011 Protocol to the said Agreement, India and Bangladesh agreed to exchange these small parcels of land and better demarcate the land boundary between them.
* The borders of the Indian States of Assam, West Bengal, Meghalaya and Tripura will be affected by this exchange of territory
Indian-Bangladesh Example
Tin Bigha Corridor:
Source: http://coochbehar.nic.in/htmfiles/tinbigha.html
* Dahagram and Angorpota,the two enclaves of Bangladesh are separated from district Rangpur of Bangladesh by a small patch of an acre of Indian territory called TinBigha.
* The transit of Bangladeshis via Tin Bigha was sought to be settled when Indira Gandhi and Bangladesh President H.M.Ershad signed an agreement in1982.
* It was agreed upon that Tin Bigha would be leased to Bangladesh
* People and security personnel of Bangladesh would have the right to free and unfettered movement and they would not be required to carry travel documents of any kind.
* This didnt happen as this needed a constitutional amendment and was opposed by the opposition
* Trade
Transshipment & Transit
* Transshipment refers to the shipment of goods or containers to an intermediate
destination, and then to yet another destination.
* Transshipment may also refer to the same movement using Bangladeshowned
transport.
* Transshipment has been achieved by India in its relationship with Bangladesh.
* Transit refers to the passage of Indian good across Bangladeshi borders to and
from the North Eastern states of Indian owned surface transport
* Bangladesh, on the 31 May, 2010 signed an agreement to finalize a transshipment
deal with India to allow Indian goods to be transported to Tripura through Bangladeshi territory.
* Goods produced in North east are affected because transport from North east to Kolkatta port is high, hampering trade this can be reduced by agreement with respect to transit from Bangladesh
* The two countries were supposed to sign an agreement in 2011 allowing transit access
to India. With India holding back on the Teesta issue, Bangladesh decided not go forward and sign the agreement.
* Transit access opposed in Bangladesh as it may help India increase its military strength in the North East region indirectly irritating China for helping India
* The only transit currently available is Siliguri corridor also known as Chicken neck is a narrow stretch that connects India to rest of North East
Source:Wikipedia: Red circle -> Siliguri corridor
Trade
* Weak economic ties has been one of the irritants in India Bangladesh relationship
* The trade deficit on the Bangladeshi side has been increasing on average 9% annually
Trade deficits stem from both trade and non trade barriers
Trade barriers
* Imposition of state tax
* Antidumping (AD)
* Countervailing duties
Non trade Barriers
* Laboratory tests in Bangladesh, especially for food products, cosmetics, and leather and textiles products.
* Packaging requirements
* Inadequate infrastructure facilities such as warehousing
* Illegal & Informal trade from India to Bangladesh has been a irritant as it leads to loss of customs duty
Illegal Immigration
* Bangladeshis enter India illegally because of poor economic conditions in Bangladesh
* Bangladesh is huge labour surplus country thus making India a pull factor
* There has been views that Bangladesh promoting lebensraum(expanded living space or habitat) which has led to such large presence of Bangladeshis especially in the border region.
* Migration has lead to Human trafficking ,flesh trade in the country
Indian Response
* Steps to identify these illegal migrants were taken under the Foreigners Act, 1946 and under the Illegal Migrants Determination byT ribunal (IMDT) Act, 1983 of Assam.
* IMDT act was struck down by Supreme Court
* These have provided little result due to ethnic, linguistic, cultural, physical and social similarities, Bangladeshi nationals tend to merge easily with the local population making it difficult to identify them.
Fencing
* Continuous illegal migration prompted India to fence its international borders with Bangladesh.
* Initially this project was meant to be completed by 1997 but the work has not moved along as planned.
* Out of the total length of 3,436.59 km to be fenced, so far fencing of 2,735.12 km has been completed
* Conclusion
* The Future of India-Bangladesh relations depends on the soon to be held election in Bangladesh which is between Sheik Hasina(Incumbent PM) lead Awami league and Khaleda Zia of Bangladesh Nationalist Party
* Sheik Hasina eldest daughter of Mujibir Rehman, founding father of Bangladesh-Pro India
* Khaleda Zia wife of Zia ur Rehman who founded the Bangladesh Nationalist Party-Pro Islamic-Pro Pakistani
by Aditya Ravichandran
Sources
http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/reconfiguring-bangladeshindia-relations/article4549430.ece
http://www.thehindu.com/opinion/lead/future-of-indiabangladesh-relations/article77850.ece
http://www.ficci.com/spdocument/20184/StatusPaperonIndiaBangladesh.pdf
http://idcr.cprindia.org/p/blog-page_6630.html
http://thediplomat.com/the-pulse/2013/09/03/the-india-bangladesh-land-swap-deal/
http://www.aspenindia.org/pdf/India_Bangladesh_Report.pdf
http://www.ipcs.org/pdf_file/issue/SR97.pdf
http://idsa.in/idsastrategiccomments/KhaledasPakistanvisitShiftsFocustoEconomicSynergy_SDatta_270206
http://idsa.in/idsastrategiccomments/UnholyallianceinNorthEastIndia_MASingh_190209
http://idsa.in/idsastrategiccomments/34thAnniversaryofBangladeshLiberation_CUBhaskar_141205
http://www.thehindu.com/opinion/lead/indias-secret-war-in-bangladesh/article2747538.ece
501596614
http://www.economist.com/news/books-and-arts/21586514-new-history-sheds-fresh-light-shameful-moment-american-foreign-policy-blood
http://www.amibangladeshi.org/A_Nation_Is_Born
http://www.ipcs.org/article/india/teesta-water-accord-expectations-for-indo-bangladesh-water-diplomacy-3825.html
http://www.thehindu.com/opinion/lead/a-settlement-long-overdue/article5016349.ece
http://invitetobd.blogspot.in/2012/01/tin-bigha-corridor.html
wikipedia
Books
India S Neighbourhood Challenges in the Next Two Decades-Idsa
Handbook of Indias International Relations- Edited by David Scott-Routledge International
Foreign Policy of India. V N Khanna
Note
My last article was on India-Afghanistan Relations.I intend to follow this up with other Neighouring countries of India, do suggest ways to improvement my writing skills.
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