INTERNATIONAL BORDER DISPUTES & ADVERSE-POSSESSIONS OF INDIA-BANGLADESH INTERNATIONAL BORDER

LAND DISPUTE – INDIAN PAID TAX BUT BANGLADESHI GETS OWNERSHIP SHIB SHANKAR CHATTERJEE

Sir Cyril Radcliff, the English gentleman, who headed the boundary commission during the partition of India in the year, 1947, drew a straight line on a topographic map. As a result of this, hills, rivers, forests, human habitations, agricultural-fields, etcetera of India and Pakistan tragically divided. It affected vastly in Eastern Indian region. That is, especially in India Bangladesh International Border or India Bangladesh International Boundary (IBIB). Earlier Bangladesh was a part of East Bengal (that is, locally called –Purbo Bango or Purbo Bangla, which later renamed as East Pakistan, locally called – Purbo Pakistan [of West Pakistan, known as – Poshchim Pakistan] of present Pakistan State) and then Bangladesh after 16th December, 1971. Still, both the above nations have not done enough to get rid of the ‘ghost of Radcliff’.

It is fact that the international boundary demarcation in the Indian Subcontinent cuts across communities and tribes. The three major river systems, the Indus, the Ganges and the Brahmaputra by cutting across the boundary-lines of India, Pakistan and Bangladesh have further exacerbated the tension between them resulting from disputes over the share of water also. This particular above international border shares with /touches the Indian states – Assam, Meghalaya, Tripura, Mizoram and West Bengal.

Though, apart from that there are a number of disputes and problems on the India Bangladesh International Border (IBIB), which are still existed. These have occurred mainly due to the very nature of alignment of the international boundary, thickly populated area close to the zero-line of the said international border, non-demarcation of a portion of the international boundary (of about 05.974-kilometre), non ratification of the international boundary and phenomenon’s like ‘Adverse Possession’, ‘Changing of the Course of River’, ‘Char (that is, River Island) land’ and ‘Enclave’, etcetera.

Although, the interesting fact is that there are also some places in Indo-Bangla International Boundary, whose occupants are Bangladeshi but are usually govern by the Government of India and vice-versa. For a unique example : ‘Pyrdiwah’ (locally known as, Padua, under East Khashi Hills district of Meghalaya State in Eastern India) is an ‘adverse possession of India in Bangladesh’, while on the other hand, ‘Boraibari’ is an ‘adverse-possession of Bangladesh in India’. Both hamlets are being positioned on Indo-Bangla international border.

In the context IBIB, officials of the one of the elite forces of India, Border Security Force of India (BSFI) revealed, “There are various places along the demarcated India-Bangladesh International Border (which is called De-jure border), where the territory falls on the Indian part (which is actually the part of India) but under the occupation of Bangladesh and vice-versa. De-facto border does not coincide with the De-jure boundary. The places have fallen between De-jure and De-facto border is called adverse possessions (see sketch).

(Sketch : Border Security Force of India [BSFI], 1999)

As stated by Article 02, 03 and 05 of the India-Bangladesh International (demarcation of) Land Boundary Pact-1974, ‘the lands held by adversely will have to be changed after the above noted pact (that is, international boundary agreement) has not only been okayed and signed (that is, admissible for both the above nations) but also aforesaid international border strip maps are drawn or made properly’.

Repetition of the condition, because, there have been several examples, where the peoples of Bangladesh and the frontier guard – Border Guards of Bangladesh (BGB), which was earlier known as Bangladesh Defence Rifles or Bangladesh Rifles (BDR) also have attempted to take control by force of adverse possessions, which are held by us. But, it is fact that on the other hand,

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in consent of the international border pact between the above two nations, we haven’t meddled with our land held adversely by Bangladesh”.

“It is fact that the most important, critical and confusing problems of Indo-Bangla international boundary was the presence of adverse possessions. The plots of land that lie in the aforesaid international border have been cultivating by the peoples, who have been dwelling there since pre-independent period. Therefore, it is very difficult to acquire those stretches of land and build International Barbed Wire Border Fence (IBWBF) and International Border Road (IBR) to prevent incessant illegal influx, smuggling, religious fundamental activities, anti-Indian activities and insurgency. These things are visible in many places of Assam, West-Bengal, Tripura and Meghalaya States of India. But, in these connections, Bangladesh Government referred the ‘accord of 1975’ to maintain status quo on adverse possessions and these small gaps, where IBWBF and IBR are unable to build due to insufficient of ‘land’ (which is below 150-yards or 137-metres)”, mentioned one of the officials of the Indian National Building Construction Corporation Limited (NBCCL), which is engaged to make the IBWBF and IBR in IBIB at Karimganj district of Indian State, Assam.

Supporting the fact, another organization – Indian National Project Construction Corporation Limited (NPCCL), which is also involved to construct the IBWBF and IBR in IBIB, pointed out, “Therefore, erecting IBWBF and building IBR along the said particular international border areas are difficult problems. It could not be possible to make the IBWBF either depriving the Indian peoples of their respective lands or extricating the Bangladeshi nationals from the illegally occupied Indian lands, which is under adverse possessions of Bangladesh. If it happens, then it can create nothing but bloody tussle”.

However, in this matter, BSFI officials further stated, “We will carry out our duties over coming all the problems. So, that our (that is, Indian) farmers could be allowed to do their duties in their respective plots of land, that is, passages in adverse possessions (at their own risk) through manned International Border Gate (IBG)s”.

But, the matter was not as simple, easy and clear, as it seems to be. Sentiment of the inhabitants was also a factor to be reckoned here. The peoples were residing on the aforesaid international border (Khashi Tribe people in Meghalaya State, Assamese people in Assam State and Bengali people in West Bengal and Tripura States) desire to maintain their traditional life as they did in the past.

“When the total length of the aforesaid international border was measured all together, at that time the total amount of adversely held areas by Bangladesh and India was approximately 03,017.160-acres and 02,587.250-acres respectively (however, in this context, a list of Adverse Possessions of above both countries are given below in Table-I & Table-II). That means, there were about 52-numbers of piece of land existed, which practically belongs to Bangladesh but actually were in adverse possession of India, while on the other hand, there’re about 49-numbers of piece of land, which were practically belonging to India but actually under the adverse possession of Bangladesh. Though, these were small pieces of land varying in size from 05-acres to 500-acres, which was created due to geographical, historical, political, social, cultural or other reasons, but remain in the possession of one country even through by physical demarcation they should be handed over to the other”, said experts.

On the other hand, another section of socio-political observers stated, “India seized 47-numbers of tract of Bangladeshi land in adverse possession, while Bangladesh grabbed 43-numbers of tract of land, which belongs to India. That means, around 02,749.15-acres of land was being in the adverse possession of Bangladesh (in other words, enclaves surrounded by Bangladeshi territory), while India possessed around 02,922.25-acres of land that lie in the adverse-possession”.

But, “Except Adverse Possessions and 03-numbers of major disputed area – (Dispute of Daikhata in Berubari Area under Indian State-West Bengal [while the opposite side Nilphamari district of Bangladesh], Dispute of Lathitilla and Dumabaroi {which is locally called Dumabari} Area under Indian State-Assam [while the opposite side Maulvibazar district of Bangladesh] and Dispute of Muhuri River under Indian State-Tripura [while the opposite side Feni district of Bangladesh], with a total 05.974-kilometre out of) 04,096.70-kilometres international border between these two countries is clearly defined,” pointed out by the analysts.

TABLE-IAT A GLANCE

MAJOR DISPUTED AREAS BETWEEN INDIA & BANGLADESHSERIAL NUMBE

AREA

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R DISPUTED LAND AREAS INDIAN SIDE BANGLADESH SIDE

(In Kilometre)

01. DAIKHATA-BERUBARI Coochbehar District of West Bengal State

Nilphanmari District

01.500

02. LATHITILLA-DUMABAROI

Karimganj Districtof Assam State

Maulvibazar District

02.874

03. MUHURI RIVER ISLAND South Tripura Districtof Tripura State

Feni District 01.600/02.000

Total Disputed Areas 05.974/06.374

(Source : Border Security Force Of India [BSFI], 05th September, 2011)

Earlier, India and Pakistan had already demarcated 03,000 kilometers out of 04,000 kilometers of international boundary in the east before 1971. But, after three years (that is, 1971), an agreement was reached between the then Prime Minister (PM) of India, Indira Gandhi and the then PM of Bangladesh, Sheikh Mujibar Rahman in the year, 1974 (which is popularly known as – Indira-Muijib Pact, 16th May, 1974). The aforesaid 1974 accord between the Government of the People’s Republic of Bangladesh and the Government of the Republic of India concerning the demarcation of the international land boundary between Bangladesh and India and related matters.

Out of 04,096.70-kilometers international border area between the above two nations, India and Bangladesh share 02,979.70-kilometres International Land Border (ILB) and 01,116-kilometres International Riverine Boundary (IRB), while both countries share around 54-numbers of river. Presently, almost above two countries finished the work of demarcation of 04,096.70-kilometers international border area, except 05.974-kilometre (Indian State claimed)/06.374-kilometre (Bangladesh State claimed), which were the chief spots during ‘Partition-1947’, ‘Indo-Pak War-1965’ as well as the ‘Liberation War-1971’ between above two states, India and Pakistan. Not only that above these particular 05.974-kilometre stretches of ILB and IRB territories were used as ‘corridor’ for imparting training to Mukti-Bahini (that is, Liberation Force) of Bangladesh (under the leadership of Sheikh Mujibar Rahman) to liberate their country – Bangladesh during the ‘Freedom Movement of Bangladesh, 1971’.

After Bangladesh had liberated herself from the cruel clutches of Pakistan with the help of India (that is, Indian Army) and the people of both the nations, India annulled few pacts. These pacts were India-Pakistan Agreement – 10th September, 1958, Indo-Pak Treaty – 23rd October, 1959 and India-Pakistan Accord – 11th January, 1960, which revealed about the settlement on certain international boundary disputes between the Government of India and the Government of Pakistan relating to the boundaries of the Indian States – Assam, West Bengal, Tripura (which was earlier recognized as – Indian Union Territory) with former East Pakistan (which was part of present Pakistan, but, presently-Bangladesh) and Punjab with earlier West Pakistan (but presently-Pakistan). This intention for imperfect demarcation was short lived for after independence, the Government of Bangladesh turned down the same. The Government of India expressed that the desire for territorial exchange would be only fulfilled, when the entire aforesaid international boundary will properly demarcated.

Earlier in 1958, Pundit Jawaharlal Nehru, the then PM of India took initiative to demarcate the boundary-line between India and Pakistan without retardation and so didn’t wait for the governmental process to be over in the eastern part of India. As a result, many important places or spots were not given proper importance at the time of making the list, which were termed as the places of “Adverse Possession”.

But, Pundit Nehru’s desire for demarcating boundary was at last come into force, when Indian Parliament in the year, 1960 passed the Indian Constitutional Amendment Bill with two-third majority, which helped both India and Pakistan to finalise the international boundary in the ‘West’. In the ‘East’ also the same thing was going to be happened with Pakistan, but unfortunately after the Pakistan lost the battle (that is, War of Liberation, 1971) with India and the creation of a new state – Bangladesh under the leadership of Sheikh Mujibar Rahman. With the birth of this new state or country, Bangladesh on 16th December, 1971, the discussion for making permanent international boundary set forth in the year, 1972. The famous – Indo-Bangla Treaty of Friendship, Cooperation & Peace, 19th March, 1972, between the two countries was clearing the path for the resolution of all border disputes and exchanging of lands that fell in each others territory.

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However, during the annual meetings of India’s frontier international border guard – BSFI and the Bangladesh’s frontier international border force – BGB at the level of Director-general, the Bangladesh Government was repeatedly raising this issue. But, the India’s stand was that the BSFI is not competent to take any action, as it was basically a political decision or matter. On the other hand, the BGB had been insisting on that they had the mandate from their government to raise this issue with India. However, Article 4 of the Indo-Bangla (demarcation of land boundary) Accord, 1974, connected the two sides to maintain peace and tranquility on the aforesaid international border and eschewed the use of force for making any changes at the said boundary.

Though, in December, 2000, foreign secretary-level talks held in the capital of India, New Delhi took the decision to set up two new Joint working Groups (JWGs). Firstly : To demarcate the contentions 05.974 kilometre international borderline, which remains disputed and Secondly : To go into the question of exchange of territories lies in ‘adverse-possession’ and ‘enclave’ (that is, locally called - Chhitmahal). But, ideally, this JWG’s a multi-disciplinary task force comprising not only diplomats but also officials of the border security agencies, irrigation experts and people specialising in repatriated of disputed settlement. Although, India had already proposed to Bangladesh in December, 1999, when the then Foreign Secretary of Bangladesh, Shafi Sami, came to India to discuss for setting up of a JWG about the above international border, while it was finalised in February, 2001.

However, the discussion of making new map for the area having controversy was set about. It was regarding to offer options to those Indian (family and people)s of Bangladesh (who’re living in the Bangladeshi soil – in Adverse Possessions and Enclaves) either to stay in Bangladesh or to return to India; even, those peoples would also be allowed to carryout agriculture activities too. On the other hand, similar facilities or provisions were also given to Bangladeshis, who’re living in Indian soil (that is, Adverse Possessions and Enclaves).

Further, there was another option to remake Radcliff line to enable the adverse-possession areas was included in either of the countries in a give and take mutual agreement of the said two states and perhaps, this was going to take place between the aforesaid two nations by 06th September, 2011 to 07th September, 2011 at the capital of Bangladesh, Dhaka, during the visit of Indian PM, Dr. Manmohan Singh.

Nevertheless, scholars claimed, “The chief cause of the displeasure between the two states regarding adverse-possession was in 1947, when Sir Cyril Radcliff, the British Engineer, who was apportioned and assigned the work of demarcating the boundary between the two new independent countries – India and Pakistan, which as a result of this, (his) quick injudicious task of legacy left behind a clash between two states till today to pay a heavy price”.

But, presently, the main agreement relating to the India-Bangladesh international border was the Indira-Muijib Pact, 16th May, 1974, between the India and Bangladesh concerning the demarcation of the international land boundary between Bangladesh and India and related matters. Article 02 of this pact envisaged that all the areas in adverse possession of each country would be measured and demarcated at the earliest.

Earlier, in this context, while Bangladesh ratified the Indira-Mujib agreement, 1974 in their Bangladesh Jatio Sangshad (that is, National Parliament of Bangladesh), in the year, 1975; but, it is yet to be ratified by India in her parliament. The Ministry of External Affairs, Government of India was of opinion that ‘the ratification by Bangladesh is conditional to the entire border being demarcated and India will ratify the treaty only, when (once) the process is completed’.

Following this, this time, the areas in adverse possession and 05.974-kilometres ILB and IRB stretches would be finally exchanged after the ratification of the deals in the parliaments of both the nations (that is, In Bangladesh, Bangladesh Jatio Sangshad and in India, Indian Parliament). Though, on these particular issues there was a pact was signed between the aforesaid two nations on 07th September, 2011 at Dhaka, the capital of Bangladesh by the two premiers – Sheikh Hasina Wazed of Bangladesh and Dr. Manmohan Singh of India.

But, whatever may the facts, the true cause of delay in the work of demarcating the above international boundary between India-Bangladesh have had fear of losing “vote-bank” as well as the indifferent attitudes of Congress (I) led Indian Government and nothing else.

TABLE-IIAT A GLANCE

STATE & DISTRICT WISE LIST OF ADVERSE POSSESSIONS UNDER BANGLADESH & INDIA

BANGLADESH LAND UNDER ADVERSE POSSESSION OF INDIA

SERIAL LOCATIONINTERNATIONAL

BORDER TOTAL AREA DISTRICT

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NUMBER PILLAR NUMBER (In Acres)01. PALANGIR HAT 1995/3-S to 1995/4-S 000.350 TRIPURA (WEST)

02. CHANDAN NAGAR 1904 to 1905 140.050 DHALAI03. DURGA NAGAR 1963/8-S to 1963/21-S 020.000 TRIPURA (WEST)

04. MARANDIPARA 1964/13-S to 1964/17-S 001.500 TRIPURA (WEST)

05. BELCHERA 1969/1-S to 1969/3-S1968/6-S to 1968/8-S

TRIPURA (WEST)

TOTAL TRIPURA STATE (INDIA)

1995/3-S to 1968/8-S 161.900

SERIAL NUMBE

R

LOCATIONINTERNATIONAL

BORDER PILLAR NUMBER

TOTAL AREA

(In Acres)

DISTRICT

06. HARI NAGAR 1354/2-S to 1355 007.000 CACHARTOTAL ASSAM STATE (INDIA) 1354/2-S to 1355 007.000

SERIAL NUMBE

R

LOCATIONINTERNATIONAL

BORDERPILLAR NUMBER

TOTAL AREA

(In Acres)DISTRICT

07. LYNGKHAT- ILYNGKHAT

1264/4-S to 1265/4-S1265/6-S to 1265/9-S

11.000 KHASI HILLS (EAST)

08. LYNGKHAT-II 1266/11-S to 1267/2-S 011.000 KHASI HILLS (EAST)

09. KURINALA 1267/6-T to 1268/4-S 014.000 KHASI HILLS (EAST)

10. PYRDWAH 1270 to 1271/7-S 320.000 KHASI HILLS (WEST)

11. TAMABIL 1275/1-S to 1275/9-S 003.600 JAINTIA HILLS12. NALJURI-I 1277/2-S to 1277/4-S 010.000 JAINTIA HILLS13. NALJURI-II 1277/9-S to 1277/14-S 007.300 JAINTIA HILLS14. NALJURI-III 1278/1-S to 1279/3-S 041.800 JAINTIA HILLS15. RONGKHONG 1280/4-S to 1282 042.900 JAINTIA HILLS16. AMKI 1282 to 1282/2-S 013.000 JAINTIA HILLS17. AMJALONG 1283 to 1283/4-S 021.100 JAINTIA HILLS18. MUKTAPUR 1284/1-S to 1285/2-T 053.300 JAINTIA HILLS

TOTAL MEGHALAYA STATE (INDIA)

1264/4-S to 1285/2-T 548.000

SERIAL NUMBE

R

LOCATIONINTERNATIONAL

BORDERPILLAR NUMBER

TOTAL AREA(In Acres)

DISTRICT

19. CHAKLAGARH 378/2-S to 379/M 060.000 DINAJPUR20. BARABILLA 380/M to 382/2-S 016.000 DINAJPUR21. SATVITA Near IBPN 386/1-S 060.000 DINAJPUR22. BARAGURIA 387/3-S to 388/1-S 020.000 DINAJPUR23. DINGAPARA Near IBPN 392/3-S 005.000 DINAJPUR24. HATHKHOLA Near IBPN 388/7-S 002.000 DINAJPUR25. KUMARGACH 402/3-S to 404/4-S 012.500 DINAJPUR26. MANIKGANJ Near IBPN 772/MP 074.440 JALPAIGURI27. CHILLAHATI IBPs not existing 454.440 JALPAIGURI28. BERUBARI (KHUDIPARA) 753/6-S to 754/2-S 028.930 JALPAIGURI29. SATKURA 769/M to 772/M 628.900 JALPAIGURI30. NONAGANJ 61/3-S to 61/5-S 020.000 NADIA31. CHANDPUR 81/M to 82/12-R 005.600 NADIA32. BIJOYPUR 80/12-R to 81/M 002.150 NADIA33. GEDE 78/M to 80/12-R 021.610 NADIA34. BATTALI 242/20-R to 243/M 005.730 MALDA35. SAPMARI 243/M to 243/8-S 001.070 MALDA36. LAXMINARAYAN PUR 243/2-S to 243/8-S 024.190 MALDA37. KHUTADAH 240/9-R to 242/20-R 004.480 MALDA

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38. HARIPAL 240/9-R to 242/M240/M to 240/9-R

008.980 MALDA

39. SONEGHAT 239/13-R to 240/M 001.050 MALDATOTAL WEST BENGAL STATE

(INDIA)378/2-S to 240/M 01,437.600

(Source : Border Security Force of India [BSFI], 1999)

TABLE-IIIAT A GLANCE

STATE & DISTRICT WISE LIST OF ADVERSE POSSESSIONS UNDER BANGLADESH & INDIA

INDIAN LAND UNDER ADVERSE POSSESSION OF BANGLADESH

SERIAL NUMBER

LOCATIONINTERNATIONAL

BORDER PILLAR NUMBER

TOTAL AREA

(In Acres)DISTRICT

01. RANGAMURA 1996/42 to 1996/43-S 000.170 TRIPURA (WEST)TOTAL TRIPURA STATE

(INDIA)1996/42 to 1996/43-S 000.170

SERIAL NUMBE

R

LOCATIONINTERNATIONAL

BORDERPILLAR NUMBER

TOTAL AREA

(In Acres)DISTRICT

02. AKASHMALIK (NATHPUR) 1341/2-S to 1341/7-S 007.400 CACHAR03. RASULPUR (PIRA NAGAR) 1345/2-S to 1347 009.300 CACHAR04. KASHKHANAKPUR

(LIVERPOTTA)1347/11-S to 1348/5-S 017.600 CACHAR

05. BIABILL (LIVERPOTTA) 1350/9-T to 1351 005.500 CACHAR06. MIAGUL (CHANDINAGAR) 1352/7-S to 1352/9-S 007.100 CACHAR07. SER ALI PUR &

UTTARKUL (HARINAGAR)1352/10-S to 1352/12-S1352/16-S to 1353

110.900 CACHAR

08. BERATHAKURI(HARINAGAR)

1353 to 13541354/M to 1354/7-S

019.600 CACHAR

09. PALLATHAL (MADANPUR) 1369 to 1372 384.510 KARIMGANJ10. BORAIBARI 1066/3-S to 1067/5-S 191.440 DHUBRI11. LUBHACHERA 1318/1-S to 1318/2-S 009.600 CACHAR12. BALICHERA (LUBHACHERA) 1315/15-S to 1316/3-S 004.400 CACHAR13. NUTANCHERA (NUNCHERA) 1316/6-S to 1316/13-S 007.400 CACHAR14. LAHILLING 1317 to 1317/7-S 016.200 CACHAR15. BORO HILLS 1269/40-T to 1270 000.150 KHASHI

HILLS(EAST)TOTAL ASSAM STATE (INDIA) 1341/7-S to 1269/40-

T791.100

SERIAL NUMBER

LOCATIONINTERNATIONAL

BORDERPILLAR NUMBER

TOTAL AREA

(In Acres)DISTRICT

16. SRIPUR 372/6-S to 372/7-S 093.000 DINAJPUR17. SONAMATI 382/1-S to 382/2-S 021.000 DINAJPUR18. BELAGACHI 383/M to 385/M 017.000 DINAJPUR19. DINGAPARA Near IBP Number 381 001.740 DINAJPUR20. KUMARGACH 402/M to 402/3-S 004.500 DINAJPUR21. AMAR KHANA IBPs not available 063.150 JALPAIGURI22. BARASHASHI IBPs not available 023.700 JALPAIGURI23. NARAYANGANJ 929/9-S to 929/10-S 001.500 COOCHBEHA

R24. KHARIJA HARIDAS 929/10-S to 930/M 01, BIGHA COOCHBEHA

R25. HARIDAS KUMAR 930/1-S to ---------- 02, BIGHA COOCHBEHA

R26. KARIMPUR CHARLAND

(MADHUGURI)154/5-S to 157/1-S 01,376.880 NADIA

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27. NARSHARIPARA 152/2-S to 153/1-S 384.000 NADIA28. BALIASHISHA 150/4-S to 151/1-S 001.100 NADIA29. NEW SIKARPUR 149/3-S to 150/M 033.000 NADIA30. NEW SIKARPUR 147/5-S to 147/6-S 017.360 NADIA31. CHARBORIAPUR 147/7-S to 148/M 018.300 NADIA32. KHUTADAH 242/7-R to 242/10-R 001.000 NADIA

TOTAL WEST BENGAL STATE (INDIA) 372/7-S to 242/7-R 02,062.230

(Source : Border Security Force of India [BSFI], 1999)

“Actually, the India-Bangladesh International Border is a ‘peculiar’ one. It is also fact that this particular international border has been divided the natural boundaries like forests, hills, rivers, social, economical and cultural boundaries like human habitations, agricultural fields and religious places, etcetera. But, it is an impossible task to seal the aforesaid international border, because the territory has some kind of porosity are always be there. Over and above, there’re some parts in the IBWBF that stands just on the said international boundary, which can’t be fenced as the terrain is either riverine or has thick vegetation”, said the former Director General (DG) of Border Security Force of India (BSFI), Ashim Kumar Mitra at a press conference at New Delhi, the capital of India on 07th October, 2006.

Yet, the Government of India had given order to the agencies like BSFI to go-ahead to erect the IBWBF within 150-yards of the zero line of places, where human habitation couldn’t exist or didn’t allow leaving the space for it. Later on, when the Indian Union Home Ministry had instituted scrutinisation on the works related to the creation of IBWBF that required leaving 150-yards (that is, 137-metres) of land from the actual zero-point, some unwanted situations or chaos or problems created by the IBV peoples of both sides. It led Indian to loss vast ‘land’ areas in and around the entire above India-Bangladesh international border. It was at this juncture; the Government of India took a decision and issued a directive that the above IBWBF be constructed from the zero-point. But, Bangladesh said that they were unwilling to under take any construction or erection within the 137-metres from the actual international boundary – zero-point.

Presently, almost entire India and Bangladesh international border ‘demarcation’ has completed including 05.974/06.374-kilometre, which is fallen in the area of Indian States – Assam, West Bengal and Tripura respectively. That is, 02.874-kilometre area in Assam as well as 01.500-kilometre in West Bengal and 01.600-kilometre in Tripura. Since the years 1947 and afterward (or 1971), out of 04,096.70-kilometres Indo-Bangla international boundary, these above three most disputed patches (which comprises 05.974-kilometre) of areas, always created a vulnerable situations, like ‘conflict’ (most of the time) between the aforesaid two respective neighbouring countries. These three vulnerable or most disputed areas were – Firstly : Area of ‘Muhuri Char’ (River) under Belonia Sub-division of South Tripura district in Tripura State of India, which lies on Indo-Bangla international border. Here, the disputes persisted at least in 01.600-kilometre area of this riverside, where Bangladesh insisted in keeping the river completely under their territory. For the villagers and fishermen the river-bed is important for their survival and so, it created the bone of contention for both sides. But, Sir Cyril Radcliff Line, 1947 and the Indira-Mujib Pact, 16th May, 1974, said that the international border should be at midpoint of the river. Secondly : Area of International Border Village (IBV)s – ‘Lathitilla’ and ‘Dumabaroi’ under Patharkandi Block in Karimganj district of Indian State, Assam that lies on Indo-Bangla international boundary. Here, the disputes persisted at least in 02.874-kilometre area. The villagers of these above IBVs had been paying tax to Indian Assam State Government regularly out of coercion. The astonishing fact was that the original map or diagram (which was prepared during British period) was reportedly missing and henceforth or from that time onward no permanent decision could be taken (here). The Indian Government had been emphasizing repeatedly that the Government of Bangladesh must show the original one, likely to be kept in the archives of district headquarter Sylhet of Bangladesh. Thirdly : Area of ‘Daikhata’ under Boda Police Station of Panchagarh district in Rajsahi Division of Bangladesh (just opposite side Coochbehar district of Indian State, West-Bengal) lies on Indo-Bangla international border and here the disputes persist at least in 01.500-kilometres area. The root cause of the dispute in this particular spot was the change of a small river course.

International Border Disputes :According to the officials of the International Border Force (BSFI), “The territorial disputes

generally occur because of tempering or attempts to tamper with existing boundary, which occur due to some natural or human consequences. Natural Causes – Generally arises in riverine areas, where International Border Pillar (IBP)s either get up-rooted or eroded or washed away. Human

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causes – Practically arises due to deliberate efforts to nibble or encroach upon the established boundary. But, historically, the boundary disputes occur for various causes :

Firstly : Territorial Boundary Disputes & Positional Boundary Disputes – Generally or outwardly it may appears to be the same. But, it is not that every territorial claim means nothing but a boundary difference. It is between, what it is and what it will be. That is the line or land claimed and the line or land held to be claimed. It occurs due to the land claimed has a singularity of its own and the title of it is proved by the acts that involve with the areas as a whole. The limits of the area can easily be identified only when its status is settled. Further, the dispute appears because of the attractiveness of the area or a piece of land, which has an alluring attractive power. But, there is no such matter with regard to positional dispute and the title to it can be proved by locating the boundary line only.

Secondly : Functional Boundary Disputes – These arise, when one country believes that it has been adversely and unfairly affected by the functions of a neighbouring country along the boundary, that is, blocking of passage of ships through an area.

Thirdly : Resource Development Disputes – These disputes are often occurred due to the utilization of resources of the border areas. The most common of it is the problem of sharing of waters of a river flowing from one country to another.

Fourthly : Disputes Due To Maps – It is a fact that the boundaries are marked on the maps. In case they are not, there may be an effort to use the fact as evidence that no boundary existed. The scale of the map is also important and maps rapidly decline in usefulness as the scale is reduced. However, accuracy of the maps is also very important. The scale, accuracy and the accuracy with which a line is drawn on the map are all important to avoid disputes. Maps are regarded as strong evidence of what they purport to portray. They may be termed and treated as admissions, considered as binding, and said to possess a force of their own.

Fifthly : Disputes Due To Changing River Courses – In fact, there are several places on the India-Bangladesh international border, where the international border between the above two countries is taken along the mid-stream of the river. The land that comes up due to change in the course of the river is called – ‘River Island’ (locally known as, Char or Char-land) and this particular char-lands are caused of disputes along the international boundary as it emerges on the side of the territory of either of the country depending upon the direction of the change of the course. The boundary being midstream of the river, a close watch has to be kept on the emergence of these char-lands failing, which claims and counter claims start as the civilians start cultivating this land immediately on its emergence (See details about Char and Char-land in earlier story – Saga Of Char Lifeline in Brahmaputra Valley : A STORY OF VANISHING ISLAND IN NORTH-EAST INDIA).

In this context in can be mentioned here that apart from above these disputes another new dispute arose between the two countries was ‘New Moore Island’ or ‘New Talpatty Island’, which was claimed by both the countries (like over ‘New Muhury’, few years ago) in the Bay of Bengal Sea, where India and Bangladesh shares the international (sea) maritime border.

Nevertheless, the aforesaid international border that lies in between India and Bangladesh was never free from dispute, rather this particular international boundary was braided by a lot of disputes, except 05.974-kilometre areas in the above three (Indian States – Assam, West Bengal and Tripura) different sectors. However, the said international boundary had not yet been consented and the disputes between above two nations were of various types and of dimensions.

Continued…(Author is former BBC, The Statesman, The Times of India & Hindustan Times & The

Telegraph, AP, AFP & PTI Contributor-cum-Photographer of Northeast India

/The writer specialises in South Asia & Indian Northeast States region Affairs)

Refernces :1. Front Page – Bharat Bangladesh Simantat Bangladeshir Dwara Kalimurtir Sirashhed – by Shib Shankar

Chatterjee, Purbachal (G. L. P. Publication), Dated 10th November, 1992. 2. Sthayee Basindar Praman-Patra Anuprabeshkarik Bhara diya Haichhe – by Shib Shankar Chatterjee,

Purbachal (G. L. P. Publication), Dated 01st December, 1992. Front Page – Bharat Birodhi Maulobadi Netar Mrityu Dibaxat Asamar Mantri – by Shib Shankar Chatterjee, Purbachal (G. L. P. Publication), Dated 09th February, 1993.

3. Anuprabesh Aru Axomar Sankat by Shib Shankar Chatterjee – Rongpur, Ajir Batori Group, Dated 26th August, 1995,

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4. Axom Chukti, Anuprabesh Aru Axomar Bhabishyat by Shib Shankar Chatterjee – Rongpur, Ajir Batori Group, Dated 16th August, 1995,

5. Markin Gabeshakar Dristit Axomar Anuprabesh Part-I by Shib Shankar Chatterjee – Rongpur, Ajir Batori Group, Dated 17th August, 1994,

6. Markin Gabeshakar Dristit Axomar Anuprabesh Part-II by Shib Shankar Chatterjee – Rongpur, Ajir Batori Group, Dated 24th August, 1994,

7. Axom Chukti, Anuprabesh Aru Axomar Bhabishyat, Markin Gabeshakar Dristit Axomar Anuprabesh, Udang Simanta by Shib Shankar Chatterjee – Dainik Asam, The Assam Tribune Group, Dated 15th August, 1999,

8. Bharatiya Lokor Dalali Monobhabe Anuprabesh Aru Chorang Beboshayar Mul Karan : BSF by Shib Shankar Chatterjee – Dainik Asam, The Assam Tribune Group, Dated 06th August, 1994,

9. Religious Conflicts – Indescribable Torture By Bangladeshi Political Party & Oppressed Hindu People Fled From Bangladesh To India In Fear Of Death : Incessant Flow of Refugees by Shib Shankar Chatterjee, Eastern Panorama, Dated July, 2005, (Page Number 15 to 20).

10. Opinion – A threat To Assam by Shib Shankar Chatterjee, Northeast Sun, Dated March 31, 2005, (Page Number 16).

11. Bangle Border – Crime Picks Steam by Shib Shankar Chatterjee, Northeast Sun, Dated June 15, 2005, (Page Number 21).

12. Anchalik – Bharatiya Bhukhandat Bangladeshir Dapdapani : Charkar Nirbikar : Ashahai ‘Ashanglagna Anchala’r Bharatiya Janasadharan by Shib Shankar Chatterjee – Dainik Asam, The Assam Tribune Group, Dated 23rd April, 2001,

13. Special Article – Bangladesh’s Poor India’s Woe by Shib Shankar Chatterjee, Northeast Sun, Dated 01st-14th July, 2000, (Page Number 16 to 17).

14. Investigation – A Neighbouring Headache by Shib Shankar Chatterjee (And Polu Chatterjee), Cam News Network Today, Dated July, 2005, (Page Number 44 to 50).

15. Infiltration Problem In North East by Shib Shankar Chatterjee – The Assam Tribune (Editorial Page), Dated 22nd August, 2002,

16. Infiltration : A Grave Threat To Assam by Shib Shankar Chatterjee – The Assam Tribune (Editorial Page), Dated 01st August, 1998,

17. Voters’ List – Stamp ‘D’ For Dispute : Reports On The New Voters’ List In Assam And The Controversy It Has Sparked by Shib Shankar Chatterjee – The Telegraph (Northeast Page), Dated 29th December, 1997,

18. All Not Quiet On The Eastern Front : The Indo-Bangladesh Border Is a Heaven For Anti socials Besides Spawning Infiltration by Shib Shankar Chatterjee – The Telegraph (Northeast Page), Dated 18th August, 1997,

19. Cash Ensures Easy Passage To India by Shib Shankar Chatterjee – The Telegraph (Northeast Page), Dated 10th November, 1997,

20. Focus – Bangladeshi Infiltrators by Shib Shankar Chatterjee, Northeast Sun, Dated 15th-31st January, 1998, (Page Number 18).

21. Assam Bursting At The Seams by Shib Shankar Chatterjee, Hindustan Times (Northeast Live Page), Dated 14th July, 2001.

22. No-man’s land, No One’s Responsibility by Shib Shankar Chatterjee, Hindustan Times (Northeast Live Page), Dated 01st July, 2001.

23. Reports – ‘Child Jockeys’ Rescued From Touts’ Den by Shib Shankar Chatterjee, Times Of India, Dated 13th March, 2001.

24. Sailing Into The Smuggler’s Den by Shib Shankar Chatterjee – The Telegraph (Northeast Page), Dated 24th November, 1997,

25. Corridor Of Connivance by Shib Shankar Chatterjee, The Statesman (North Bengal Plus Page) Dated 25th June, 1999.

26. Nation – Prisoners Moved Out Of Flooded Assam jail by Shib Shankar Chatterjee, New Delhi Tele Vision (NDTV) & NDTV.Com, Dated 17th July, 2004.

27. Nation – Rush Of ‘Ghost’ Voters In Assam polls by Sumon K Chakrabarti with Shib Shankar Chatterjee, CNN-IBN & IBN Live.Com, Dated 09th April, 2006.

28. Focus – Illegal Border Trade by Shib Shankar Chatterjee, Northeast Sun, Dated 01st-14th April, 1998, (Page Number 16).

29. News – Reaping From Trade Ties With Bangladesh by Shib Shankar Chatterjee – The Telegraph (Northeast Page), Dated 19th January, 1997,

30. Economy – Border Trade : Pipe Dream Or Reality? by Shib Shankar Chatterjee – The North East Frontier Magazine, Dated June, 1999, (Page Number 36 to 37).

31. Cover Story – Election In International Border : Bangladeshis Give Vote In India by Shib Shankar Chatterjee, Eastern Panorama, Dated April, 2006, (Page Number 07 to 08).

32. Forecasting A Disaster by Shib Shankar Chatterjee, The Statesman (North Bengal Plus Page) Dated 06th November, 1998.

33. Environment – Stripping The Hills : The Sale of Rocks Found In Chandardinga and Rakshasini Hills In Assam May Cause Loss Rather Than Swelling The Government’s Treasury by Shib Shankar Chatterjee, Rashtriya Sahara, Dated June, 1996, (Page Number 131 to 133).

34. In Search Of Lost Links by Shib Shankar Chatterjee, The Statesman (North Bengal Plus Page) Dated 01st September, 2000,

35. Back On The Rails by Shib Shankar Chatterjee, Northeast Sun, Dated July 15-31, 2001, (Page Number 18),

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36. Bharat-Bangladexar Majat Rail Jugajog by Shib Shankar Chatterjee, Prantik, Guwahati, Assam, India Dated 01st September, 2001, (Page Number 15 to 17),

37. Paschimbanglar Tinbigha Aru Ashomar tinbigha Vogdanga-Kuti Gaon Bharatar Ne Bangladeshar? by Shib Shankar Chatterjee, Prantik, Guwahati, Assam, India Dated 01st November, 1996, (Page Number 12 to 13),

38. Markin Gabeshakar Drishtit Axomar Anuprabesh : Udong Simanta – Axom Chukti, Anuprabesh Aru Axomar Bhabishyat by Shib Shankar Chatterjee, Prantik, Guwahati, Assam, India Dated 01st January, 2000, (Page Number 14 to 18),

39. Axom Bangladesh Simanta Anchalor Sampratik Abastha by Shib Shankar Chatterjee, Prantik, Guwahati, Assam, India Dated 16th April, 1996, (Page Number 20 to 23),

40. Bharat Bangladesh Simantar Bitarkito Gaon Boraibari by Shib Shankar Chatterjee, Prantik, Guwahati, Assam, India Dated 16th May, 2001, (Page Number 13 to 14),

41. Who Possesses Bhogdanga – India or Bangladesh? by Shib Shankar Chatterjee, Sentinel, Omega Printers & Publishers Private Limited, Guwahati, Assam State, India Dated 18th November, 1995, (Front Page of Saturday Fare),

42. Neighbour – Forsaken Citizens Of Border Village – Who Possesses Bhogdanga – India or Bangladesh by Shib Shankar Chatterjee, Panorama, Shillong, Meghalaya State, India Dated July, 1996,

43. Northeast – Dhubri Villagers Fenced Out by Shib Shankar Chatterjee – The Telegraph, Dated 15th July, 1997,

44. Reports – …Before Its Too Late : Ominous Clouds Of Insurgency Hover Over North Bengal by Shib Shankar Chatterjee, The Statesman (North Bengal Plus Page) Dated 23rd July, 1999.

45. Facing A Bleak Future by Shib Shankar Chatterjee – The Telegraph (Northeast Page), Dated 24th November, 1997.

46. Horizon – Axe-odus by Shib Shankar Chatterjee – The Assam Tribune (Saturday Page), Dated 02nd October, 1999.

47. Missing The Trees by Shib Shankar Chatterjee, The Statesman (North Bengal Plus Page) Dated 20th December, 2002.

48. Analysis – What Waterways Can Do by Shib Shankar Chatterjee, The Statesman (North East Page) Dated 30th November, 2002.

49. Bangladeshat Nam Kata Gol Bangladeshi Kuri Lakhar by Shib Shankar Chatterjee – Dainik Asam, The Assam Tribune Group, Dated 19th October, 1995,

50. Bangladeshar Voter Talikat Ghati : Dhubrir Simantayedi Anuprobesh Abyahata by Shib Shankar Chatterjee – Dainik Asam, The Assam Tribune Group, Dated 10th August, 2000,

51. Nimna Ashame Jal Passporter Ramrama Byabsha Jakiye Boshechhe by Shib Shankar Chatterjee – Dainik Basumati, Basumati Corporation Limited, Calcutta, West Bengal State, India Dated 01st February, 1994,

52. Varat Bangladesh Simante – Bharatiyader Parichaypatra Vara Khatchhe Anuprobeshkarider Kachhe by Shib Shankar Chatterjee – Dainik Basumati, Basumati Corporation Limited, Calcutta, West Bengal State, India Dated 23rd January, 1993,

53. Ashome Voter Talika Niye Avijog – Paisha Dilei Milchhe Pramanpatra by Shib Shankar Chatterjee – Dainik Basumati, Basumati Corporation Limited, Calcutta, West Bengal State, India Dated 20th December, 1993,

54. Ashomer ‘Vote Banke’ Fatal Dharay Congress Shankito by Shib Shankar Chatterjee – Dainik Basumati, Basumati Corporation Limited, Calcutta, West Bengal State, India Dated 07th December, 1993,

55. Dhubrir Janashankhya Bridhhi : Sadharan Manush Chintito – Ashome Anuprabesh Niye Rajnitir Khela Cholchhe by Shib Shankar Chatterjee – Dainik Basumati, Basumati Corporation Limited, Calcutta, West Bengal State, India Dated 10th March, 1993,

56. Sonkhalaghu Sampradayer Manush Shankito : Andolaner Humki – Voter Talika Songshadhaner Proshne Ashom Fer Shargaram by Shib Shankar Chatterjee – Dainik Basumati, Basumati Corporation Limited, Calcutta, West Bengal State, India Dated 01st July, 1993,

57. Ashom Sharkar Bideshi Prashne Bishringkhala Bardasto Korbe Na : Saikia by Shib Shankar Chatterjee – Dainik Basumati, Basumati Corporation Limited, Calcutta, West Bengal State, India Dated 16th November, 1993,

58. Bharat Bangladesh Simante Kantarer Bera Nirmane Artho Apachoyer Avijog by Shib Shankar Chatterjee – Dainik Basumati, Basumati Corporation Limited, Calcutta, West Bengal State, India Dated 27th October, 1992,

59. Victims Of A Movement by Shib Shankar Chatterjee, Northeast Sun, Dated October 01-14, 2001, (Page Number 17).

60. Focus – Illegal Border Trade by Shib Shankar Chatterjee, Northeast Sun, Dated April 01-14, 1998, (Page Number 16).

61. Livelihoods On Line At Indian Border – BBC News - Subir Bhaumik, Dated 28th June, 2005.62. Human Cost Of Dhaka-Delhi Row – BBC News - Subir Bhaumik, 05th February, 2003.63. India Bangladesh Border Clash At Pyrdiwah – Anirban Roy – Hindustan Times, 17th April, 2001.64. All Disquiet in North-East India – by Shib Shankar Chatterjee, News Blaze, (Newswire Organisation of

United States of America [USA]), Dated 06th November, 2009. 65. Northeast Indian Region Threatened By Illegal Influx – by Shib Shankar Chatterjee, News Blaze,

(Newswire Organisation of United States of America [USA]), Dated 14th November, 2009.66. Millions of Foreigners in India By Illegal Influx – by Shib Shankar Chatterjee, News Blaze, (Newswire

Organisation of United States of America [USA]), Dated 24th November, 2009.

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67. India Ignores Illegal Migration In Northeast India, People Continue to Suffer – by Shib Shankar Chatterjee, News Blaze, (Newswire Organisation of United States of America [USA]), Dated 13th October, 2009.

68. An Ugly Attack on Human Rights – by Shib Shankar Chatterjee, News Blaze, (Newswire Organisation of United States of America [USA]), Dated 29th October, 2009.

69. Saga of Devastation in Brahmaputra Valley River Islands : A Story of Vanishing Islands in North East India – by Shib Shankar Chatterjee, News Blaze, (Newswire Organisation of United States of America [USA]), Dated 30th November, 2009.

70. Bangladesh TV, Radio Programmes Famous in India – by Shib Shankar Chatterjee, News Blaze, (Newswire Organisation of United States of America [USA]), Dated 24th October, 2009.

71. Bangladeshi Phones for Indian Peoples – by Shib Shankar Chatterjee, News Blaze, (Newswire Organisation of United States of America [USA]), Dated 05th October, 2009.

72. Illegal Influx Strains India’s Northeast – by Shib Shankar Chatterjee, Asia Times, (Newswire Organisation of Asia Times Online (Holdings) Limited, Hong Kong, China, Dated 11th December, 2009.

73. This Crisis Seriously Threatens India’s Security And Unity – Bangladeshi Deluge Imperils India – by Shib Shankar Chatterjee, Asia Times, (Newswire Organisation of Asia Times Online (Holdings) Limited, Hong Kong, China, Dated 11th January, 2010.

74. Immigrants Jjeopardise India’s Security by Shib Shankar Chatterjee, Asia Times, (Newswire Organisation of Asia Times Online (Holdings) Limited, Hong Kong, China, Dated 17th February, 2010.

75. South Asia’s Trafficking Menace by Shib Shankar Chatterjee, Asia Times, (Newswire Organisation of Asia Times Online (Holdings) Limited, Hong Kong, China, Dated 17th March, 2010.

76. River People Struggle In India by Shib Shankar Chatterjee, Asia Times, (Newswire Organisation of Asia Times Online (Holdings) Limited, Hong Kong, China, Dated 18th March, 2010.

77. Free Riding India's Medical Tourism by Shib Shankar Chatterjee, Asia Times, (Newswire Organisation of Asia Times Online (Holdings) Limited, Hong Kong, China, Dated 25th March, 2010.

78. India, Bangladesh Kick Cross-border by Shib Shankar Chatterjee, Asia Times, (Newswire Organisation of Asia Times Online (Holdings) Limited, Hong Kong, China, Dated 03rd July, 2010.

79. Ghosts Haunt India-Bangladesh Border by Shib Shankar Chatterjee, Asia Times, (Newswire Organisation of Asia Times Online (Holdings) Limited, Hong Kong, China, Dated 01st August, 2010.

80. India’s Unheeded Enclaves Cry Out by Shib Shankar Chatterjee, Asia Times, (Newswire Organisation of Asia Times Online (Holdings) Limited, Hong Kong, China, Dated 01st September, 2010.

81. Real-Life Turn To Veer Zara On The Border by Shib Shankar Chatterjee, The Statesman (North East Page) Dated 08th January, 2007,

82. The possession Of Bhogdanga by Shib Shankar Chatterjee, The Statesman (North East Page) Dated 11th December, 2004,

83. OPEN FORUM – Tragedy Of The Chitmahals by Shib Shankar Chatterjee (The research for this article was conducted under a fellowship of the National Media Exchange Programme of the National Foundation for India) – The Statesman (North East Page) Dated 20th September, 2003.

84. Worst Floods In 50 Years by Shib Shankar Chatterjee, The Statesman (North East Page) Dated 19th July, 2003.

85. Kalapani Mourns But Carries On by Shib Shankar Chatterjee, The Statesman (North East Page) Dated 03rd May, 2003.

86. Aids Travels By Lorry by Shib Shankar Chatterjee, The Statesman (North Bengal Plus Page) Dated 18th August, 2000.

87. A Mela That Binds by Shib Shankar Chatterjee, The Statesman (North Bengal Extra Page) Dated 06th March, 2010.

88. Pretext Most Foul by Shib Shankar Chatterjee, The Statesman (North Bengal Extra Page) Dated 12th March, 2010.

89. Stranger than fiction by Shib Shankar Chatterjee, The Statesman (North Bengal Extra Page) Dated 13th August, 2010.

90. Stolen Bike Engines Used In Bangladeshi Boats by Shib Shankar Chatterjee, News Blaze, (Newswire Organisation of United States of America [USA]), Dated 16th July, 2011.

91. Front Page : Steal At Large by Shib Shankar Chatterjee, The Statesman (North Bengal Plus Page) Dated th August, 2011.

92. Unabated Illegal Bangladeshi Threat To the Ethnic Identity of Northeast India by Shib Shankar Chatterjee, Government Online Learning Centre of Internet News Agency, (Newswire Organisation of United States of America [USA]), Dated 29th August, 2011.

93. Indian Militant Group Criticized Indo-Bangla Pact – by Shib Shankar Chatterjee, Government Online Learning Centre of Internet News Agency, (Newswire Organisation of United States of America [USA]), Dated 08th September, 2011.

94. Directorate of Land Records & Survey, Government of West Bengal State, India.95. Directorate of Land Records & Survey, Government of Assam State, India.

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