RS passes Bill on exchange of territories with B'desh
Source: The Sangai Express / Press Trust of India

New Delhi, May 06 2015 : Rajya Sabha today unanimously passed a historic bill to operationalise the Land Boundary Agreement with Bangladesh that provides for exchange of territories to settle the 41-year border issue.

The Constitution 119th) Amendment Bill, which will allow the operationalisation of the 1974 India-Bangladesh Land Boundary agreement, was passed with full support from 181 members.

The bill will be taken up by Lok Sabha tomorrow.

"This is an historic situation.

We are going to implement the agreement after 41 years.

I am happy that everyone supported the bill," said External Affairs Minister Sushma Swaraj while moving the bill for passage.

Talking about BJP's opposition to the measure during UPA's tenure, she said, "Earlier we had opposed it.

We were told to include Assam, which has been done" .

Contending that the Agreement will benefit both countries, she said the Union Home Ministry will be the nodal ministry for implementing it.

"We are aware of the complexities involved in implementation of the agreement.

The earlier we implement (the agreement), sooner we reap the benefits," she said.

The bill aims at giving effect to the acquiring of territories by India and tranfer of territories to Bangladesh through retaining of adverse possession and exchange of enclaves in pursuance of the agreement of 1974 .

The territories in Assam, West Bengal, Tripura and Meghalaya come under the ambit of the bill.

Noting that the government will ensure Indians moving to Bangladesh would enjoy "dignified life", she said there would not be any "demographic change or exchange" and people from either side can avail citizenship if they wish.

Allaying fears of some members that the agreement may lead to shrinking of borders, Swaraj said, "This agreement will not shrink our borders.

We will have an advantage of 500 acres.

Though 10,000 acres will go to them, it is just notional and those enclaves are deep" .

As far as Assam is concerned, India will be getting 470 acres of land from the neighbouring country, while 268 acres would go to Bangladesh, she added.

The bill would require ratification of at least 50 per cent of the state legislatures before it comes into effect.

It also provides that the central government may, by notification in the official gazette, appoint the date for acquisition and transfer of territories.

The Bill amends the First Schedule of the Constitution to give effect to an agreement entered into by India and Bangladesh on the acquiring and transfer of territories between the two countries on May 16, 1974 .

The India-Bangladesh Agreement was signed in 1974, but was not ratified as it involved transfer of territory which required a Constitutional Amendment.

Hence, the Bill has been introduced.

The Bill refers to demarcated land boundaries in accordance with the Agreement of 1974 which underwent further modification through letters exchanged thereafter and a protocol on September 6, 2011 .

Swaraj said this is a very important legislation that has come to Parliament 40 years after many hitches.

Explaining the reason for BJP's protest to the bill along with Ason Gan Parishad and Trinamool Congress in December 2013 when the UPA had brought it before the House, Swaraj she said AGP and BJP felt that Assam was neglected when the agreement was signed while Trinamool Congress also felt it was not consulted.

Banerjee had then also argued that while West Bengal will get only about 7,000 acres of land, it will have to give up nearly 17,000 acres of land to Bangladesh and that this cannot be accepted without taking into confidence and consent of the local people who live in the transferable areas.

She said when the NDA government came to power, the bill was referred to Standing Committee chaired by Shashi Tharoor of Congress, which gave its report on December 1, last year.

The bill could not be brought to Parliament in the Winter session as there was little time then, she said, adding she had then promised Tharoor that it would be brought in the second half of the Budget session, which she did.

Swaraj recalled that Bangladesh was the first foreign country she had visited after becoming External Affairs Minister and Bangladeshi Prime Minister Sheikh Hasina Wajed had urged her to take forward the Land Boundary Agreement signed by former Prime Minister Manmohan Singh.

After coming back from Bangladesh, she had consulted Prime Minister Narendra Modi, who asked her to resolve the pending issues and move forward on the issue.

She said that West Bengal Chief Minister Mamata Banerjee came on board after her concerns were addressed.

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