Friday, July 25, 2025

When Borders Shift, But Belonging Is Still Contested

 

When Borders Shift, But Belonging Is Still Contested

2015 Land Boundary Agreement & the 2025 Identity Crisis

✍️ Suryavanshi IAS | UPSC Deep Insight Series | English Edition


๐Ÿ“œ Part 1: The Historical Context — Land Belongs to Countries, But People Belong to Identities

In 1974, India and Bangladesh signed the Land Boundary Agreement (LBA) to resolve the anomaly of enclaves — pockets of territory belonging to one country entirely surrounded by the other. For decades, people lived stateless lives — physically located in Bangladesh, but legally Indian, or vice versa.

✅ The 2015 Ratification

In 2015, under Prime Minister Narendra Modi’s leadership, India ratified the LBA, enabling the exchange of 162 enclaves:

Swap Summary
๐Ÿ” 111 Indian enclaves in Bangladesh transferred to Dhaka
๐Ÿ” 51 Bangladeshi enclaves in India incorporated into Indian territory

As a result:
  • ~14,000 enclave residents opted to migrate to India.

  • They were issued Indian citizenship, travel passes, Aadhaar, and voter IDs.

  • Resettlement camps were established in West Bengal in areas like Dinhata, Haldibari, and Mekhliganj.

These individuals are Indian citizens by law, yet, socially invisible, as we shall see.


๐Ÿšจ Part 2: June–July 2025 — When the Police Forgot the Constitution

In June 2025, six Bengali-speaking men from Dinhata, West Bengal, working at a brick kiln in Haryana, were picked up by Delhi Police and accused of being illegal Bangladeshi immigrants.

๐Ÿ‘ค The Victims:

  • Former residents of Indian enclaves in Bangladesh

  • Chose Indian citizenship in 2015

  • Have been working in NCR for over 10 years

  • Possessed all valid documents (Aadhaar, voter ID, citizenship certificates)

๐Ÿš“ The Accusation:

  • Police claimed they had Bangladeshi documents on their phones

  • Remittance records to relatives in Bangladesh were cited as "evidence"

  • Spoke Bengali, wore lungis — became objects of suspicion

Despite having documentation verified by local police in Haryana, they were:

  • Detained illegally for up to 6 days

  • Allegedly beaten and coerced into “confessing” they were Bangladeshi

  • One woman and a child were also detained when they came to submit identity proof

“They beat the soles of my feet and my arms with a belt. They asked me to say I was Bangladeshi. I refused,” said one of the victims.


⚖️ Part 3: Constitutional, Ethical & Administrative Failures

๐Ÿงพ Aadhaar ≠ Citizenship

Police claimed Aadhaar was invalid as proof. Technically, they are partially correct — Aadhaar is not proof of citizenship, but:

๐Ÿ”น Victims had voter ID, travel passes, land papers, and were part of official LBA records.

Ignoring these is not just misgovernance — it is administrative violence.


๐Ÿ“œ Violation of Constitutional Rights

ArticleRight Violated
14Equality before law – Profiling on linguistic/religious grounds
21Protection of life & liberty – Illegal detention, physical abuse
22Right to be presented before magistrate within 24 hours

Even Delhi Police admitted on July 9 that the detention was “illegal,” but denied custodial violence.


๐Ÿ” Linguistic and Religious Profiling

"Bengali-speaking Muslims are being hounded as Bangladeshis," alleged Trinamool MP Samirul Islam.

  • The intersection of language, appearance, and religion is being used to stereotype entire populations.

  • NCR residents with “non-Hindi” accents or cultural traits are increasingly viewed with suspicion.


๐Ÿง  UPSC Relevance – A Multi-Dimensional Issue

๐Ÿ“˜ GS Paper 2 – Governance, Polity, Rights

  • Citizenship Law interpretation

  • Federalism: Delhi Police acting beyond its jurisdiction (in Haryana)

  • Role of State Welfare Boards (e.g., West Bengal Migrant Welfare Board)


๐Ÿ”ฌ GS Paper 3 – Internal Security, Border Management

  • How illegal immigration is tackled administratively

  • Challenges of identifying “genuine citizens”

  • Surveillance tools vs privacy/freedom


๐Ÿงญ GS Paper 4 – Ethics

  • Violation of police code of conduct

  • Moral duty to protect vulnerable migrants

  • Dilemma: Security vs Human dignity


✍️ Mains Practice Question

Q. The 2015 India-Bangladesh Land Boundary Agreement resolved a historic territorial issue, but gaps in administrative awareness continue to challenge the dignity of new Indian citizens. Examine in light of recent detentions of enclave-origin migrants.
(250 words | GS Paper 2)


๐Ÿ“š Prelims Practice Questions (Bilingual)

Q1. Under the 2015 India-Bangladesh Land Boundary Agreement, how many enclaves were exchanged?

a) 51
b) 111
c) 162 ✅
d) 200


Q2. Which of the following is not valid proof of Indian citizenship?

a) Passport
b) Voter ID
c) Citizenship Certificate
d) Aadhaar ✅


Q3. Under which article can no person be detained for more than 24 hours without judicial oversight?

a) Article 14
b) Article 21
c) Article 22 ✅
d) Article 19


๐Ÿงญ Suryavanshi IAS Takeaways

  • Statelessness can persist even after State recognition, when institutions lack awareness.

  • Language, food, and dress are cultural identities, not legal indicators of nationality.

  • Being a citizen means nothing if you're always trying to prove it.

"Borders drawn on maps are easier to erase than the borders drawn in minds."


๐Ÿง  Suryavanshi IAS doesn’t just prepare you for UPSC. It prepares you to think like a citizen of conscience.

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