Standing Committee on External Affairs tables report in Parliament recommending a constitutional amendment to enable swapping of enclaves between India and Bangladesh

The Standing Committee on External Affairs (2014-2015) headed by Congress MP Dr. Shashi Tharoor has tabled its report before both Houses of Parliament on December 1, recommending the introduction and passage of a Constitution Amendment Bill to enable the swapping of enclaves between India and Bangladesh and thereby end a 67-year-old dispute between the two countries. 

 

Parliament of India

 The land swap which envisages India exchanging 111 enclaves measuring 17,160 acres with Bangladesh and receiving, in turn, 51 enclaves covering 7,110 acres, was first decided under the 1974 Land Boundary Agreement (LBA) between India and Bangladesh, but never ratified by Parliament. It will require an amendment to the Constitution (the 119th amendment) to be passed by both Houses of Parliament with a two-thirds majority. Around 51,000 people reside in these enclaves.

As per the report, all Bangladeshi enclaves are located in the district of Cooch Behar in West Bengal and all Indian enclaves are located in four Bangladeshi districts of Panchagarh, Lalmonirhat, Kurigram and Nilphamari which are close to the border with West Bengal.

The Committee urged the Union Government to take urgent steps for presenting the Constitution (119th Amendment) Bill, 2013, in parliament without delay. The Constitution (119^th Amendment) Bill amends the First Schedule of the Constitution to give effect to the agreement entered into by India and Bangladesh on the acquiring and transfer of territories between the two countries on May 16, 1974. The Bill also amends paragraphs relating to the territories of Assam, West Bengal, Meghalaya, and Tripura in the First Schedule of the Constitution.

The Bill was introduced in the Rajya Sabha on 18^th December, 2013 and was initially referred to the Standing Committee on External Affairs on 31^st  December, 2013 for examination and Report. The examination could not be completed in view of announcement of General Elections, 2014 and the dissolution of 15^th Lok Sabha. The Bill was again referred to the Committee on 16^th September, 2014 and the Committee submitted its report on 1^st  of December, 2014.

The parliamentary panel said it was convinced by External Affairs Ministry that all the concerned state governments - of Assam, Meghalaya, Tripura and West Bengal - were consulted at various stages for reaching a settlement on the boundary dispute with Bangladesh.

It suggested to the Union Government to effectively coordinate with the states on all matters and resolve the lacuna related to actual implementation of the accord on the ground. Close coordination with the states would "be indispensable when the actual territory is exchanged and the demographic situation might be affected" and would go a long way in ensuring smooth implementation of the LBA, it said. It said that the exchange of enclaves "is a logical step in bringing these areas within the ambit of governance".

It suggested that a blueprint be kept ready for the development of these areas after due consultations with the concerned state governments, so that developmental work can be initiated immediately after the bill is made an act and the LBA is ratified.

The Parliamentary panel said a status report on rehabilitation of the returning Indian citizens should be presented to parliament/committee within six months after the agreement comes into force.

It said the law and order machinery in the affected area should be suitably augmented in consultation with the state government of West Bengal and an appropriate method should be arrived at in order to check the bonafides of the Bangladeshi residents who shall be extended Indian citizenship upon incorporation of the territory.

The panel has also said in its report that it was the duty of both governments to minimise the humanitarian costs of this accord and suggested that both sides should discuss the steps to be taken to ensure adequate safeguards for the Indian nationals who would be staying back so that they are not discriminated against in any way after having acquired Bangladeshi citizenship.

The LBA was part of the promises made by former Prime Minister Manmohan Singh during his visit to Dhaka in 2011. However, the UPA government was unable to bring the Bill to Parliament, partly because of opposition from the BJP over Assam enclaves and the Trinamool over West Bengal enclaves. The BJP has however changed its opinion on the Bill after coming to power in May.  

Full text of the report submitted by the Standing Committee on External Affairs to Parliament on December 1 can be accessed here