Tripura
,
Muhuri Char Enclave
,
Belonia
Published :
Apr 2019
|
Updated :
No Clarity between India, Bangladesh on Territorial Jurisdiction over Tripura's Muhurichar Enclave
Reported by
Elizabeth Mani
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
1965
Year started
25
Land area affected
Households affected
People Affected
1965
Year started
25
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Border Dispute
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Border Dispute
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

On July 31, 2015, India and Bangladesh signed the Land Boundary Agreement to resolve the sevendecadelong problem of uncharted enclaves between the two countries. According to the agreement, India gave 110 enclaves to Bangladesh and received 51 enclaves in return. The Union government had sanctioned a rehabilitation package worth INR 3,048 crore for those affected by the exchange. However, talks over the Muhurichar Enclave remained inconclusive. Both the countries have been fighting for this piece of land since 1965, occasionally firing, killing and injuring many. In 1974, Indian Prime Minister Indira Gandhi and Bangladesh President Sheikh Mujibur Rahman had almost resolved the conflict when they decided that in all cases of riverline boundaries the midstream would be regarded as the border and that both the sides will ensure that the river does not change course. Since the Belonia Islet and the Muhurichar Enclave on it lie on the Indian side of the border, India claims ownership over it. However, during the 2014 monsoon, the islet was flooded and the river changed its course, allowing Bangladesh to claim ownership. Declaring that the area is noman'sland, Bangladesh demanded in October 2014 that Indian farmers stop cultivating on the land. Meanwhile, the Tripura government had reportedly evacuated around 2,500 families in the Enclave without offering them any rehabilitation. As a result, the families lost both their homes and agricultural land. Anupam Chakraborty, a social activist in Belonia helping the affected people reach out to the authorities to address their grievances, told LCW that the government did not give any notice to the people before evacuating them nor did they specify the reason for the mass evacuation, the process of which started in 2016 and was completed in 2018. It was the Belonia Municipal Corporation that offered temporary shelter to some of the families, while a large majority continues to live on the streets. On October 5, 2019, Bangladesh Prime Minister Sheikh Hasina and Indian Prime Minister Narendra Modi met at a restricted meeting regarding this issue. She had earlier raised the issue of Muhurichar Enclave twice during bilateral talks with Modi in Dhaka in 2015 and in New Delhi in 2017. She has not been vocal about Bangladesh's perspective. At the ministerial level, the issue was last raised in August 2019 at a meeting of the home ministers of the two countries, where the Indian minister assured resolution of the issue.
The matter, however, remains unresolved because Indian authorities have been pushing for a fresh land survey since 2016. The survey is yet to be initiated. There have been at least eight instances of crossborder firing according to government officials.

2
Fact Sheet

Demand/Contention of the Affected Community

No items found.

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Private

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Ministry of External Affairs (Government of India), Government of Bangladesh, Tripura Revenue Department, Public Works Department, Health Department

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Elizabeth Mani
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Fact sheet

Demand/Contention of the Affected Community

No items found.

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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