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BORDER DISPUTE

(A) The Sino- Indian Border Dispute:

India's border with China is 3917 kilometers long, accounting for nearly a quarter of the country's total land border. Jammu and Kashmir, Himachal Pradesh, Uttarakhand, Sikkim, and Arunachal Pradesh are five Indian states that share a border with China. Manchu strategy, Chinese Republican policy, and British policy all contributed to this boundary.

It was impossible to demarcate the line on the ground due to the physical features of rough folded mountains and the harsh climate. However, the boundary was marked on the maps. Until India's independence in 1947 and China's communist takeover on October 1, 1949, the border remained quiet.

In 1954, India relinquished its extraterritorial powers over Tibet, which had previously been exercised by the British Raj under the Anglo-Tibetan Trade Agreement of July 1914. India formally accepted Chinese sovereignty over Tibet, putting Tibet under the direct control of a powerful military force with an active and aggressive policy for the first time in millennia. The entire Himalayan front's geostrategic worth was substantially altered. Tibet's buffer zone vanished, and a clear border between India and China was established.

The Chinese used their greater military might, massive population, and communist administrative apparatus to erode Indian reputation and teach it a lesson for interfering in Tibetan issues when the geopolitical situation altered.

'The Sino-Indian boundary is a Line of Actual Control,' according to the Chinese government (LAC). In Aksai Chin, both sides have claims. Furthermore, China does not recognise the MacMahon Line in the east. The MacMahon Line is named after Sir Henry MacMahon, who served as the foreign secretary of the British-run Indian government. He was a key British negotiator at the Shimla Conference in 1914, which decided to divide Tibet into Outer and Inner Tibet. China rejected the agreement and withdrew its envoy from the talks. The MacMahon Line was first used by the British in Survey of India maps in 1937. The Shimla Agreement was formally published in 1938. Tibet, China claimed, was never an independent state and hence lacked the authority to sign a treaty on Beijing's behalf delineating an international border.

Tibet, China claimed, was never an independent state and hence lacked the authority to sign a treaty on Beijing's behalf delineating an international border.

China forces crossed the MacMahon Line in the North Eastern Frontier Agency on September 20, 1962. (NEFA). China launched a huge onslaught along the border from NEFA to Ladakh on October 20, 1962. As a result, on November 21st, China took Bomdila in NEFA, declared a unilateral ceasefire, and retreated 20 kilometers behind the Line of Actual Control (LAC).

In Ladakh and NEFA (now Arunachal Pradesh), India was militarily unprepared, although China was far more equipped. Indian stations with fewer than ten soldiers were overwhelmed. In Ladakh and NEFA, the military was unprepared for the disaster.

Different sector of the Sino- Indian Border:

(i) The Western Sector:

The western part of India's border with China is around 2152 kilometres long. It is located between India's Jammu and Kashmir state and China's Xinjiang (Sinkiang) Province. The 480-kilometer border between Xinjiang and Pakistan-occupied Kashmir (Azad Kashmir) divides a disputed territory of 13,000 to 15,500 square kilometres. Ladakh and Tibet share the rest of the border. The western sector's perimeter follows the Mustagh and Aghil Ranges, crossing the Korakoram Pass via Qara-Tagh Pass, and continuing along the major Kun Lun range to a position east of longitude 800E and 40 kilometres north of Hajit Langar.

The boundary runs along the watershed across Lanak La, Kone La, the Pangong Lake, and the Kailash Range to the south-east. The watershed between the Indus System in India and the Khotan System in China is marked by this barrier. China claims the Aksai Chin District, Changmo Valley, Pangong Tso (lake), and Spanggar Tso (lake) portions of Ladakh, as well as a 5000-square-kilometer strip across the length of eastern Ladakh (Bains, 1962).

The Chinese have repeatedly encroached deeper and deeper into the western area since 1954. By 1962, the Chinese had advanced far enough that the Chinese occupation line now stretches from 16 to 240 kilometres west of the international border. In September and October of 2009, the Chinese troops frequently infiltrated this territory. China controls around 54,000 sq km of Indian territory in this sector, including 38,000 sq km in the Ladakh region alone.

(ii) The Middle Sector:

The 62-kilometer-long middle sector border between India and China stretches along the watershed from Ladakh to Nepal. Himachal Pradesh and Uttarakhand both share this boundary with Tibet (China). Himachal Pradesh's border follows the watershed between the eastern and western tributaries of the Satluj River and continues along the watershed between the Spiti and Para Chu rivers. The watershed between the Satluj and the Kali, Alakananda, and Bhagirathi on the one hand, and the Kali, Alakananda, and Bhagirathi on the other, marks the Uttarakhand border. It then follows the Mana, Niti, Kungri-Bingri, Dharma, and Lipu Lekh watershed passes.

It finally connects China, India, and Nepal, forming a tri-junction. The Tibetan and British governments agreed to this section of the border in treaties signed in 1890 and 1919. In this area, the Chinese have claimed almost 2000 square kilometres. China claims the Barahoti territory in Uttarakhand's Chimoli District. The Barahoti is located in India territory to the south of the watershed. China frequently intervenes in this sector, putting pressure on the Indian government. A squad of ITBP personnel saw intruding Chinese forces on July 22, 2016. China also claims that the Chumbi Valley and Toe-point on the Sikkim-Bhutan border are strategically vital. China is in talks with Bhutan about this valley and hill, which India opposes.

(iii) The Eastern Sector:

In the Eastern Sector, India's border with China is 1140 kilometres long, stretching from Bhutan's eastern border to the tri-junction of India, Myanmar, and Tibet near the Talu Pass (China). After Henry McMohan, a British official who signed the Shimla Convention in 1914, this line is known as the McMohan Line. Except where the Lohit, Dehang, Subansiri, and Kemang rivers break through that watershed, the boundary was created along the Himalayan crest of the northern Brahmaputra watershed. China claims around 90,000 sq km of Indian territory in the Eastern Sector. China believes the MacMohan Line to be unconstitutional and inappropriate, stating that Tibet had no right to sign the 1914 Shimla Convention.

 Until 1959, the Chinese government never formally questioned the legality of the India-Tiber pact. In late 1962, China launched a huge offensive against India, capturing the Thangla (Thagla) Ridge, Dhole, Tse Dong, Twang, Bomdila, Walong, Longju, and Sela outposts in Arunachal Pradesh. The Himalayas were shown to be ineffective defence barriers during the China conflict. India's faith in China's friendship was shattered. India also understood that its 'non-alignment' stance was no substitute for military readiness.

China's assault in 1962 was motivated by pure ideological, political, and strategic factors, not by law, custom, treaties, geography, or administration. At the moment, the leaders of both nations are striving to improve trade and cultural relations first, before moving on to the more difficult problem of settling the border dispute later.

China decommissioned three dams on the Brahmaputra River in January 2013, notably Dagu-640 MW and Jiacha-320 MW. Dams and power plants are a major source of concern. The completion of these dams may cause the Brahmaputra to dry up, posing a threat to the eco system of the river's drainage system. China invaded Daulat Beg Oldi in Ladakh in April 2013, taking around 750 square kilometres of Indian territory.

 Furthermore, in the third week of June 2014, Chinese officials released a new map depicting Arunachal Pradesh as a part of southern Tibet, which Beijing claims as its own. The Chinese troops entered India at Chumar and Demchok on September 18, 2014, during the visit of Chinese President Xi Jinping.

(B) Indo-Pak Boundary Dispute

The Indo-Pak Boundary:

The Indo-Pakistan border is the result of the Subcontinent's split in 1947, which was governed by the Radcliffe Award, which was decided by Sir Cyril Radcliff, the Chairman of the Border Commission. This line passes across a number of different geographical characteristics. It begins in Gujarat's marshy Rann of Kutch and continues through Rajasthan's sandy desert, Punjab's rich plains, Jammu and Kashmir's hills and mountains, and the Himalayan and Karakoram mountain ranges.

The boundary with Pakistan may be examined under the following two issues (i) The Rann of Kutch Dispute, and (ii) The Kashmir Problem.

(i) The Rann of Kutch Dispute:

According to the Radcliffe award, the border between India and Pakistan in the Rann of Kutch was well delineated. Pakistan, on the other hand, argued that it was not marked on the ground. The Rann, according to Pakistan, is not a marsh but a landlocked sea that should be divided equally between India and Pakistan. India refuted the assertion, presenting evidence that the Rann was always a marsh and was always a part of the Kutch State, which united with India after independence.

The Rann of Kutch, which covers an area of 20,720 square kilometres, is made primarily of salt flats, brackish ponds, and marsh, with a few rocky outcroppings. Pakistan claimed 9065 square kilometres of the Rann of Kutch, and its troops invaded Indian territory in 1965. The case was referred to the International Court of Justice's boundary tribunal when the Prime Minister of the United Kingdom intervened. The tribunal, presided over by Gunnar Lagegren of Switzerland, awarded Pakistan 9065 square kilometres of the Kutch region. The award was accepted by all parties, and the boundary demarcation was completed in June 1969.

(ii) The Kashmir Problem:

Jammu and Kashmir is a state with a total area of 2,223,236 square kilometres. Afghanistan and China share a border with the state. Except for Hunza, Gilgit, and Nagar, the whole state of Jammu and Kashmir is made up of six independent territories that were brought together as a unified governmental unit by Maharaja Gulab Singh, who entered into a subsidiary alliance with the British inside the Indian Empire in 1849. The Valley of Kashmir, the summer capital (Srinagar) and the centre of tourist appeal, is the most important of the many regions of Jammu and Kashmir. Kashmir Valley is a Muslim-majority region. Pandits (Brahmins) in Kashmir have long maintained economic, social, and political power, while the Muslim peasantry has remained destitute and oppressed.

The second zone consists Jammu is located in the state of Jammu and Kashmir's southern region, covering only one-seventh of the state's entire territory. It has a primarily Hindu population. Jammu is the state's winter capital and the home of the state's past rulers (the Dogra Rajputs). Ladakh (also known as Little Tibet) is the third region, accounting for more than a third of the state's total territory. Ladakh is a large desert region with harsh rock formations. In terms of culture, it is similar to Tibet, and the majority of the population is Buddhist. The Lakakhis are Mongoloids by race. Gilgit, the fourth area, is located in the state's northernmost portion, which is hilly and predominantly Muslim.

It was formerly only accessible from Srinagar by crossing high mountains and glaciers. However, the Karakorum Highway has made it well connected to Pakistan. Baltistan is the fifth region. It is located in the state's far northwestern corner, which is mostly mountainous, controlled by Muslims, and connected to the rest of the country by a road that follows the Indus River. Punch, the sixth area, is located to the north-west of Jammu and to the south-west of Kashmir Valley. It has a predominantly Muslim population and is easily accessible from Pakistan. Chenab and Jhelum are the two major rivers that go through this area. As a result, the state of Jammu and Kashmir is culturally diverse.

Pakistan's claim to Kashmir is primarily motivated by religious and economic factors. It is a Muslim-dominated state that is bordered by Pakistan and connected by various routes. Furthermore, the four rivers that are crucial to Pakistani agriculture—the Ravi, Chenab, Jhelum, and Indus—flow through Jammu and Kashmir. Pakistan has also insisted that a plebiscite, as suggested by the UN, is the only way to resolve the issue.

India, on the other side, has maintained that Kashmir's accession gave it control over the region. It had agreed to a vote on the condition that Pakistani invading forces be removed, a requirement that was required by a UN resolution but never implemented. As a result, India emphasises Pakistan's illegal backing for the raiders and the Azad Kashmir administration. Other considerations exist in addition to the juridical interpretation of Kashmir's accession to India. India is a secular country, and giving up Kashmir on religious grounds would be a betrayal of the country's core values.

Kashmir's strategic location in relation to China is thought to be crucial to India. China's assertive attitude in the late 1950s, its occupation of Tibet, which became a part of Ladakh in 1965, and the construction of a road through the Aksai-Chin in Ladakh, as well as its menacing posture toward India, have all added urgency to Kashmir's strategic location.

Maharaja Hari Singh signed the instrument of accession on October 26, 1947, and the Governor General of India acknowledged it on October 27, 1947. As a result, Kashmir became a part of the Indian Union both legally and constitutionally. The accession of Maharaja to India was claimed by Pakistan as founded on "fraud, deception, and violence," and it was said to be completely against the will of the country's long-oppressed Muslim subjects.

Since 1947, India and Pakistan have fought four wars over Kashmir: in 1948, 1965, 1971, and 1999 (Kargil). Because it is unable to defeat India in conventional combat, it has launched a proxy war in Kashmir, sending foreign mercenaries and militants to disrupt law and order. Despite Kashmir's accession to India over six decades ago, there appears to be no sign of resolving the Kashmir conflict as both parties maintain their separate stances. India is not wasting any time in ensuring the country's integrity and sovereignty, particularly in Jammu and Kashmir. Over 500,000 Indian troops are stationed along the 188-kilometer international boundary, the 788-kilometer Line of Control (LoC), and the 150-kilometer Actual Ground Position Line (AGPL). It is difficult to convince China and Pakistan to leave these areas under the current circumstances. As a result, the contending parties must recognise the reality on the ground and work out a peaceful solution to the problem.

(iii) The Sia-chin Glacier Dispute:

The Siachin glacier, located in Karakoram, is 75 kilometres long and 2 to 8 kilometres wide. This glacier is located approximately 5800 metres above sea level and has an average temperature of -500 degrees Celsius. The Saltoro Range is cut by the glacier to the north west of K2 in Pakistan-occupied Kashmir. The glacier is relatively close to the Karakorum Highway, which connects China and Pakistan. As a result, the Siachin glacier is extremely vital.

In the south-eastern region of the glacier, India takes up nearly two-thirds of the total area. The Nubra River rises from the Karakoram glaciers here and unites with the Shoyk River, a tributary of the Indus. To approach the Siachin glacier, Indian troops take the Khardungla (Pass) route across the Nubra valley. There are four passes on the glacier. Geasar Broom, Saltoro, and Vilafondala are in India's hands, whereas Gyong is in Pakistan's.

When Pakistan allowed some Japanese tourists to ski in this area and scale several peaks under India's control, the Siachin glacier drew India's notice. Pakistan has also built an observation post on the Saltoro Range. On April 3, 1984, India launched Operation Meghdoot in response to this manoeuvre. Since then, both countries' military have been stationed in this hostile area and are on high alert. Each day, India spends over Rupees 20 million to keep its army in the Siachin glacier area operational.

(iv) Sir Creek:

The Indian state of Gujarat and Pakistan's Sind Province are separated by Sir Creek. Both countries want to include this creek in their respective domains since it is rich in marine life. While India maintains that the international boundary should be drawn across the centre of Sir Creek, Pakistan claims that the eastern bank of the Creek should be used. As a result, Sir Creek has become a thorny issue between the two countries, with Pakistan claiming a 40-kilometer stretch of Indian land.

Recent Development:

Pakistan has reacted favourably to India's goodwill gesture, which began in early 2004 with the goal of reducing border tensions. If the concerned countries take the necessary positive efforts to normalise their relations, this could lead to amicable relations between the two countries. The following are some of the steps taken / proposed:

  • Delhi – Lahore bus and rail
  • Srinagar – Muzafrabad bus service
  • Kargil – Skardu bus service.
  • Rail – Link between Munnabao (Rajasthan) and Kholrapar (sind).
  • Link between Ferozpur and Sahiwal
  • Meeting points for divided families across LoC at Poonch , Mendahar, Suchetgarh, Uri, Tangdar, and Kargil,
  • Trade across the LoC border.
  • Mechanism to permit two way religious pilgrims.
  • Promotion of cultural interaction an cooperation
  • Joint efforts to promote tourism.

These approaches, when followed together, can go a long way toward strengthening India-Pakistan ties and eventually aid in the resolution of problems such as Kashmir and Siachin.

(C) Indo-Bangladesh Border Dispute

Indo-Bangladesh Border:

India's border with Bangladesh stretches about 4096 kilometres, of which 2450 kilometres have been marked on the ground. The Radcliffe Award separated the former province of Bengal into two halves, with the eastern section becoming East Pakistan and the western part remaining in India as West Bengal. The boundary award in the Koch-Bihar region resulted in a number of minor enclaves of Indian and Pakistani territory on both sides of the border. A number of conflicts were referred to a tribunal, with both parties choosing Justice A. Bagge of Sweden as the arbitrator.

Bangladesh was liberated with the help of Indian armies in 1971. There were four places of overlapping claims along the India-Bangladesh boundary. The first was between Rajshahi (Bangladesh) and Murshidabad (India), where the Ganga's shifting channel caused the boundary to change multiple times. The award was in India's favour, with the northern portion of the district boundary confirmed as the international border. Another point of contention occurred between Karimpur (India) and Daulatpur (Bangladesh) on the West Bengal-Bangladesh border (Bangladesh). The Radcliffe award was modified in this case, and a half-way line in the Matabhanga River was assigned as the boundary. Bangladesh acquired roughly 13 square kilometres as a result of this development. The third disputed territory was in Bangladesh's Sylhet District and India's Garo, Khashi, and Jaintia Hill districts. Because this is a highly forested area, establishing a land boundary was challenging. The Radcliffe Award was upheld here, and India's claim was upheld. In the border zone between Barisari and Gobindapur, there was a fourth disagreement. In April 2001, members of the Bangladesh Rifles forcibly stormed Peerdivah hamlet in Meghalaya, killing 18 Border Security Force personnel. There was a lot of animosity between India and Bangladesh as a result of this.

Exchange of India and Bangladesh Enclaves:

An enclave is a small area of land surrounded by the territory of another country. After the treaties signed between the local rulers and the Mughal Empire in 1713, India and Bangladesh launched enclave exchanges in India's Cooch Behar District on July 31, 2015. Within Bangladesh, India had 111 such enclaves, whereas Bangladesh had 51 such enclaves within India. The 111 Indian enclaves in Bangladesh spanned roughly 17160 acres, whereas the Bangladesh enclaves in India covered about 7110 acres. The enclaves had a total population of around 54,549 people. Even basic infrastructure like as electricity, schools, and health services were lacking in these enclaves. Indeed, some of them have become hotbeds for illegal activity.

The British demarcation of India and Pakistan boundaries at the time of independence in 1947 left the boundary question in Bengal's eastern portion unsolved. In 1958, India and Pakistan agreed to an enclave exchange based on enclaves for enclaves, with no regard for territorial loss or gain.

Sheikh Mujibur Rahaman, the Prime Minister of Bangladesh, and India's Prime Minister, India Gandhi, signed the 'Land Boundary Pact' in 1947, under which the two countries agreed to hand over the enclaves to each other's sovereignty. Bangladesh's legislative ratified the agreement, but India's Parliament did not. Following the assassination of Sheikh Mujeebur Rahman, the pact's execution was put on hold.

In 1947, however, India consented to allow Bangladesh to use the Teen Bigha Corridor, which is 178 metres long and 85 metres wide. Bangladesh now has access to Cooch Behar's South Berubari Enclabe.

The permission to use Teen Bigha Corridor was awarded to the Dhaka administration by the Narasimha government in 1992. Initially, access was granted for a limited period of time. Bangla has had full access since 2011. In September 2011, India's Prime Minister, Manmohan Singh, paid a visit to Dhaka, where the two leaders agreed to carry out the agreement. Residents of the enclave were free to accept nationality from any of the two countries and stay on a "as-is, where-is" basis, according to the protocol. The agreed protocol also addressed lingering concerns such as the three sectors' un-demarcated land boundaries, enclaves, and adverse possessions.

The drafted bill was approved by all Indian political parties in November 2014. The deal was ratified by the main parties in Parliament in May 2015. During a visit to Dhaka in June 2015, Prime Minister Narendra Modi ratified the pact. Finally, on July 31, at 12 a.m., the enclaves border agreement went into force.

Before the enclaves were transferred, the two administrations documented the wishes of all enclave residents. People were asked whether they wanted to become citizens of India or Bangladesh. The following transfers have occurred as a result of the enclave exchange between India and Bangladesh:

  • The 51 Bangladesh Enclaves in India with a territory of area of 7110 acres became of part of Indian Territory.
  • The residents of Bangladesh 14,215 in number became the citizens of India.
  • Indian enclaves 111 in number in Bangladesh to be swapped with a total area of about 17,160 acres.
  • In the exchange of population, 979 opted to return to India, while 36,355 residents remained in Bangladesh.
  • The transfer of population started on 1st August and was to be completed on 30th November, 2015.

In the subcontinent, it is a respectable exchange of territory and population, as it settled a complex historical boundary problem. India may now draw a strong, uncontested border with Bangladesh for the first time since 1947.

People coming to India from Bangladesh enclaves, however would not be given citizenship immediately. They must wait till the end of November, 2015 for the formalities to be completed and are likely to face problems arising out of lack of state backed residency proof and identity documents.

Residents of enclaves on both sides of the border will now have access to the benefits of nationality, including civic services, education, healthcare, and other services provided by the two governments to their respective nations.

(D) The India-Nepal border

India-Nepal Boundary:

The border between India and Nepal is 1752 kilometres long. The Indian states of Uttarakhand, Uttar Pradesh, Bihar, West Bengal, and Sikkim all touch Nepal's border. The India-Nepal border runs approximately parallel to the foothills of the Siwalik Range in a west-east direction. In 1814-15, the British and Nepalese governments signed a treaty. In March 1916, the treaty was ratified. The British annexed the Himalayan districts of Nainital, Almora, Garhwal, Dehra Dun, and Shimla under the conditions of the Treaty. Sikkim was handed the eastern lands. Sikkim was handed the eastern lands. The current border between India and Nepal is the one that was drawn in 1858.

Both governments also committed to preserve a 10-yard-wide strip of uncultivated land on both sides of the British-Nepali boundary. The June 1882 resolution lays out the principles on which the boundary between British India and Nepal was established. 'Except where a natural obstruction intervenes, the line from pillar to pillar may be considered straight,' the decision stated. The Indo-Nepal border is currently quiet, and there is no disagreement between the two nations.

(E)Disputes between the British and Bhutanese

India-Bhutan Boundary:

India Bhutan's border is the result of a long history of border disputes between the British and Bhutanese dating back to 1775. Bhutan and the United Kingdom signed a treaty in Sanchula in 1865. Bhutanese territory was taken by the British at the Bengal, Koch Bihar, and Assam borders. Bhutan was granted Rs.50,000 per annum as a British subsidy by this treaty, which was increased to Rupees one lakh in June 1911.

The Treaty of 1949, which offers a solid framework for ensuring "perpetual peace and goodwill," underpins India's amicable relations with Bhutan. India has the legal authority to maintain Bhutan's sovereignty and defend its borders under the treaty. Along the Bhutan-Tibet border, Indian army units are permanently stationed.

(F) India-Myanmar Border Dispute

India-Myanmar Boundary:

The India-Myanmar border is 1458 kilometres long, stretching from the India-China-Myanmar tri-junction in the north to the southern tip of Mizoram. This line roughly follows the watershed between the Brahmaputra and the Ayeyarwady rivers (Irrawaddy). Along the frontiers of Mizoram, Manipur, Nagaland, and Arunachal Pradesh, this border travels through densely forested highlands. A bilateral treaty signed on March 10, 1967, exactly defined the border. Some difficulties arose near Diphu Pass, which serves as a crossroads between India, Myanmar, and China. The Diphu Pass, according to India, is not the tri-junction, but rather a few kilometres south of it.

The biggest issues along the India-Myanmar border are insurgency and smuggling. On the Myanmar side, Communist-backed insurgents are playing a key role in inciting Karnes, Kachins, and Shans to struggle for independence from Myanmar. Similarly, on the Indian side, the Chinese and Myanmar Communists are assisting and encouraging the Nagas and Mizos, among others. Furthermore, there is a lot of drug and narcotics smuggling along this border. The Indo-Myanmar border has remained quiet, with only a few minor incidents.

(G) India- Sri Lanka Boundary:

India The Sri Lankan-Sri Lankan border is a sea border. The Palk Strait, a 30 km wide shallow sea, separates them. Dhanushkodi in Tamil Nadu (India) and Talai Mannar in Jaffna are the two countries' closest points (Sri Lanka).

The India–Sri Lanka border has historically been rather quiet. However, the possession of Kachchitevu island in the Palk Strait, which India gave to Sri Lanka in 1974, caused some animosity. With the LTTE's militant action demanding a separate homeland for Sri Lankan Tamils, the maritime boundary has become more active.

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