Enclaves within India and Bangladesh– An Ongoing Human Rights & Humanitarian Catastrophe

Written by Fazlous Satter Sunday, 23 May 2010 13:40

The dictionary meaning of Enclave is Islandic State (Enclave). However, since the enclaves in the sub-continent are on plain land, the enclaves refer to a certain geographic territory of an independent country enclosed within another country. According to the historians, under the Mughal ruled area there were some people from the ‘Kutchstate’ who were called ‘Raghir.’  On the other hand, in the Kutch state ruled territory there were some people loyal to the Mughals who were called ‘Mughlam.’ For residents of these two powers the demarcation of assets, the enclaves were structured for political affiliation. These enclaves were under three Porgonas (similar to States) during those periods. These were Koinkana, Patgram and North of Patgram. After the 1947 division of the sub-continent in 1949, 111 enclaves in Kutch Bihar was included in India although their geographic position was inside the present Bangladesh. Similarly 53 enclaves of the Mughals were included within Bangladesh although they are located within India’s geographic territory.  There are 51 enclaves in Bangladesh and 111 enclaves in India having 7,100.02 acres and 17,158.05 acres respectively.

Life without the depravation of rights

The lives of people in enclaves are worse than the lives of stateless people. Although the people in the enclaves within India’s Kutch Bihar district encircled by West Bengal are citizens of Bangladesh, their conditions seems like they have been forgotten by the state and the Government. In practical terms they have become foreigners in their own land and that is like citizens without a country. Neither do they have state and constitutionally approved state and citizens’ and fundamental rights, nor do they have human security and internationally recognized human rights. Basically the life of the citizens in enclaves is a sad story of life of denial of both human rights, human security as well as constitutional rights a citizen of the land.

As per Universal Declaration of Human Rights (UDHR) and International Covenants on Civil and Political Rights (ICCPR), a citizen of any country has inalienable rights to freedom of movement and communication within / around and also to and from his/ her own country/ sovereign territory of main land. These aforesaid rights are considered as fundamental human rights. This freedom is mandatory and part of international obligation as Bangladesh and India both are the state party to this covenant. In spite of this, the lives of the residents of Bangladeshi enclaves in India are controlled by Indian BSF and other Paramilitary personnel and also by the Indian civilian, especially local influential people, political leaders, and terrorist and hooligans groups.  . Due to being encircled by India, BSF keeps strong vigilance on them. They obstruct their travels into Bangladesh. Often these helpless individuals suffer from denial of practically any citizen’s rights and used to get victims of arbitrary arrest, tortured, detention and harassment, even when they wish to visit the main land. Even for meeting up with sick parents and close relatives they usually do not receive permission from the Indian border guards. In spite of being a geographic part of Bangladesh there is a restriction on hoisting Bangladesh flag. For doing daily shopping one has to use Indian currency.

Life of despair without economic, social and cultural rights

According to article-1 of the International Covenants on Economic, Social & Cultural Rights (ESCR) & International Covenant on Civil and Political Rights (ICCPR) - rights to self-determination over natural resources is considered as jus cogens. It should be mentioned that the principles of self-determination and permanent sovereignty over natural resources are accepted principles of jus cogens. The jus cogens are rule that proscribe conduct that is regarded as fundamentally unaccepted by the international community or state. They form part of a body of peremptory norms having the highest rank in the international law. A peremptory norm of general international law is a norm accepted and recognized by the international community of state as a whole as a norm from which no derogation is permitted and which can be modified only by subsequent norm of general international law having the same character. It is mandatory to both Bangladesh and India as they ratified the both covenant and became the state party of it. Therefore, as per this article people of the enclaves have the right to self-determination over their natural resources, especially access and control over their natural resources,  in particularly marketing  l their rice, jute, grain and vegetables (Rabi Shoshsho) and other natural assets and also getting its fair price. However, in reality they cannot even sell their cultivated agricultural crops at fair market prices. Due to not being able to move freely, they are compelled to sell their crops at half the fair market prices.

No respite from torture

Bangladesh and India both are state party to the International Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and International Covenant on Civil and Political Rights (ICCPR). As per these convention and covenants, freedom from any form of physical, mental and emotional, psychological torture is declared as non-derogable human rights. Even war and emergency cannot be use as an excuse to justify it. But the deliberate violation of this non-derogable right is so rampant that due to torture most of the women usually even do not come out of their houses after evenings. Then there is the disturbance of criminals. At any given instance they enter the enclaves and extort money in the name of different festivals. They loot cows, goats, fish and other livestock. They illegally take away the crop in the land and cut trees at will. If there is any resistance, then BSF and Indian criminals create a fiasco. In the name of catching the criminals the BSF also come and capture and drag normal citizens although they are signatory to various human rights related covenants whereby the convention and  covenants provides guarantee against any form of arbitrary   detention. Abduction of women and children are also daily phenomenon in these areas. On top of it, there is the tension at the border areas. As an example, we can speak of clashes at Roumari border. Whenever there is a tension between India-Bangladesh an eerie atmosphere of fear and punishment descends in these enclaves. In the Roumari border, many houses in Mashaldanga were set on fire by the Indian civilan with the help of BSF. On this occasion thousand people had to flee to mainland in order to save their lives.

Running lives with the interference and directives of BSF & Indian citizens

There are 18 enclaves with 50,000 inhabitants at the border areas next to Kurigram and have chosen difficult profession for their struggles in life. For the sake of survival many have taken the professions of black marketers. On the other hand, the lives of these people with their family are spent with half-starved stomachs. Due to economic problems many families cannot wed their eligible daughters. Three decades have passed after the liberation of 1971, but no benefits had come in the way of the enclave. Their lives are led by the directives of the Indian Border Forces (BSF). There is also no scope to work outside the enclave. For not having particular income, the life of the enclave has become very difficult and their health has given up due to many irregularities. Many diseases are taking shape here.  From morning till night only 1 to 1.5 meals are consumed. Eating a full meal is like a dream to them. Due to not having any governmental support there is no end to the misery.

Foreigners in own mother land

Life of citizens without rights and devoid of privileges is a common theme in these enclaves. As per the constitution of Bangladesh, Universal Declaration of Human Rights (UDHR) & International Covenants on Civil and Political Rights (ICCPR), the state has the responsibility to provides services to ensure citizens’ rights regardless of creed, color, religion and sex. People in other enclaves other than Angurpota-Dahogram are deprived of casting votes in our national and local elections. Due to obstacles created by India, the work for preparing voter list has been closed for a few decades. In some enclaves, there has not been a population count since 1972. Although BSF enters the enclave at various periods, there is no presence of Bangladeshi law and order forces. Local informal dispute resolution is the only legal mechanism available there. Even land is purchased and sold on white paper or verbally. For mysterious reasons, officially the registration process has been kept closed from 1st July 2007. There are no schools, college and madrasas in most of the enclaves. There are no government health centers, family planning, birth registration, disaster support, infrastructure development, destitute and elderly and physically challenged welfare support, food for work program, bank loan, NGO activity, pure supply of drinking water, sanitation program, etc. The poverty reduction program heads have also forgotten about them.

The Government does not look our poverty ridden, depressed conditions

Some inhabitants said they never get VGF cards and during periods of economic depression the government never sends support. Muslimuddin of the same village commented that, ‘We, the people of the enclave have no rights. If you go to the bazaars, you have to return home by early afternoon otherwise receive the brunt of the Indian Police.’ The law and order situation in the enclaves had tremendously deteriorated. There is no government intervention against murder, dacoity, theft, robbery, and terrorism. During the marriage of children the inhabitants of the enclave face difficulties and complexities. Given all the circumstances, the life of people in enclaves are like living in a cage/confinement.

Agreement on exchange of Enclaves

In 1958 the agreement to transfer enclaves was struck between India and Pakistan. However, there was not much advancement to the agreement during the period of Pakistan. After the liberation of Bangladesh, the territory agreement was signed between Bangladesh and India and territory identification work started. At that time after giving India Berubari, we received the ‘Three Bigha Corridor’ from India to connect with Dahogram and Angurpota enclave of Bangladesh after two decades when the Supreme Court of India issued a verdict that Bangladesh can use the 3 Bigha corridor. However, between 1958 and 1974 the enclave issue remained virtually dormant. Unfortunately, for mysterious and unknown reasons, in 1974 the legally owned land of Bangladesh was given to India and leased backed to Bangladesh by signing an agreement by the then Prime Minister Sheikh Mujibur Rahman. Under this agreement Berubari (which is Bangladesh’s) within Bangladesh was agreed as geographic territory of India and taken as permanent lease on 16 May 1974. In the last year of signing the Mujib-Indira accord this agreement was passed in the national parliament of Bangladesh but was not passed in the Indian Lokshobha. On every unresolved issue at every bilateral meeting India points to the fact that since the agreement had not been passed in their parliament commitment cannot be arrived at from their end. For this reason, the transfer and border demarcation have not been possible and only a tenuous arrangement has been struck between the two countries. 

In the last meeting on 8 September 2009 between Indian Foreign Ministry S. M. Krishna and Bangladeshi Foreign Minister Dipu Moni, the border identification, enclave and illegally occupied land transfer agreement issue related resolution through a package has been agreed upon as per information in the news media. However, no advancement in this regard had been achieved to date.

Urgent  initiative that needs to taken for arresting both human rights and humanitarian catastrophe

Due to our friendly neighborly relations in spite of the continuous human rights violations within the Bangladeshi enclaves in India, the lives of our citizens are suspended in agony, economic depravation and various forms of violations. These unforeseen and inhumane conditions could have been solved much earlier had there been positive dialog, resolve and trust between India and Bangladesh. This lack of inertia is heavily leaning towards non action by the Indians. Since we are not seeing much initiative on the part of India, Bangladesh may raise this issue for resolution in bi-lateral as well as in multilateral forums. No country can avoid its responsibility to its citizens for their human rights and human security. Therefore, the citizens and rights groups must step forward in this regard and let everyone know that gross injustice continue to prevail without any fair settlement in the enclaves of Bangladesh in India. 

About the author

Author is a human rights activist & researcher working with the Centre for Human Rights, Development & Human Security (CHRDHS). For any opinion or question regarding this article you are requested to contact him at: This e-mail address is being protected from spambots, you need JavaScript enabled to view it , This e-mail address is being protected from spambots, you need JavaScript enabled to view it