“Where, After all, do universal human rights begin? In small places, close to home.”

– Eleanor Roosevelt[1].

The disputes between the nations intertwined with the interest of the people. Complex issues of sovereignty and execution of the administrative works which gave a huge impact. Thus, in search of the solution of the issue of differing interpretations regarding border, the sovereign from both nations came up with bi-lateral talks acknowledging their needs and requirements. At end the he sovereign sought a platform to review efforts towards resolving outstanding issues. The disputes has gone from signing agreements in paper to use of Advanced surveillance systems and satellite imagery for managing border tensions

Disputes are complex and vary from one nation to the other, the Indo-Bangladesh border issues rises with the various geographical issue due to error in the domestic laws but impact the administration of other which impact economic interests in both countries. One of the main issue that recently occurred was the violence and displacement faced by the Chakma community in the Chittagong Hill Tracts, Chakma community resides both the Bangladesh and India. Where violence has not only brought chaos within territory of Bangladesh but also tensions and reactions from stakeholders in Indo Bangladesh border due alarming immigration and displacement. Disputes are manmade as the mind is the main contributor as what we see the relation to the border disputes. Though India was among primary country to recognize Bangladesh and always maintain the relation, the growth in political conflicts and interior issues result in disputes between two. Recent incidents of country led to violence against marginalized Community which is major human rights concern.

The paper will also delve into insights of underlying issues and recommendations through discourse for both the nations to deal in international platform while acknowledging rights of the Chakma community.

HISTORICAL CONTEXT AND EVOLUTION OF INDO- BANGLADESH BORDER DISPUTES:

The border dispute between India and Bangladesh has deep historical roots that trace back to the colonial period of the Indian subcontinent, particularly concerning border demarcation during British colonization. The 1947 partition of British India resulted in the formation of two sovereign nations: India and Pakistan. This separation incited widespread violence and significant population movements, as millions migrated to align with their religious communities. The borders drawn primarily along religious lines led to considerable territorial conflicts, especially in the eastern region, which became Bangladesh.

East Pakistan, located in the eastern part of Pakistan, was geographically disconnected from West Pakistan by about 1,600 kilometers (1,000 miles) of Indian land, creating sentiments of neglect among East Pakistanis towards their West Pakistani rulers. After enduring years of political strife and a brutal military reaction from West Pakistan, the push for independence intensified in 1971, ultimately leading to the formation of Bangladesh. This liberation struggle resulted in a massive refugee crisis, with millions fleeing into India, complicating the border dynamics[2]. Post-independence, there was a need to clearly define the official borders with India. These borders were largely based on the Radcliffe Line, established during the partition but not fully realized. The issue was further complicated by the presence of enclaves—areas of one nation entirely surrounded by another. To address these matters, the India-Bangladesh Land Boundary Agreement was signed in 1974, which aimed to formalize borders and facilitate the exchange of enclaves. However, disputes continued over specific regions, especially in Assam and West Bengal[3].

 The illegal immigration from Bangladesh to India has significantly impacted the border dispute. Driven by economic hardships, political instability, and environmental issues, many Bangladeshis sought improved prospects in India, particularly in the northeastern states. This influx has fueled tensions in India, especially in Assam, where fears of demographic changes and cultural dilution have arisen[4]. In response, the Indian government has employed various strategies, combining humanitarian initiatives with strict border regulations, further complicating bilateral relations. In recent times, India and Bangladesh have made progress in diplomatic relations, marking a shift in the border dispute. A notable agreement was made in 2015, which aimed to resolve the longstanding enclave issue, facilitating territorial exchanges and solidifying borders—representing a significant step forward in their bilateral relations and cooperation[5].

The rushed territorial division during the 1947 partition did not accurately represent the social and cultural demographics of the region, resulting in fragmented communities and persistent conflicts. The situation escalated dramatically in 1971 when a violent crackdown by West Pakistani forces triggered a humanitarian crisis, resulting in millions fleeing to India—a crisis that played a vital role in Bangladesh’s independence and complicated the border dynamics[6].

The 1974 Land Boundary Agreement attempted to address some of these issues by allowing for the exchange of enclaves, but border demarcation disputes still lingered, particularly in contested areas, leading to ongoing tensions that affected diplomatic relations and trade.

Illegal immigration from Bangladesh into India has exacerbated the border dispute. Many Bangladeshis have been drawn to India’s economic opportunities, prompting concerns about demographic shifts and cultural dilution within India[7]. The Indian government’s responses have included a combination of immigration controls and humanitarian efforts for those fleeing poverty and violence. Recently, both countries have recognized the necessity of collaboration in resolving their border disputes. The 2015 agreement on the enclave issue marked a significant milestone in their diplomatic relationship, allowing for territorial exchanges and promoting increased cooperation[8]. Ongoing historical grievances and border issues continue to affect India-Bangladesh relations. Achieving peaceful coexistence between India and Bangladesh will necessitate ongoing dialogue and a commitment to dispute resolution, fostering a relationship based on mutual respect and collaboration. As both countries continue to navigate their intertwined histories, the goal of productive collaboration and resolution remains crucial to their future.

IMPACT OF BORDER DISPUTES ON THE CHAKMA COMMUNITY:

The issue that was face by the Chakma Community at present are not because of India- Bangladesh relation but rather an internal issue which is caused by the defects over the administration and government. Lack of representation and  unemployment were some of the major problems which initially led to the rise of civil wars for over centuries which often disturbing the border line areas of the state of Meghalaya, West Bengal, Tripura and Assam of India with Bangladesh. The influx continues over the Chittagong tract and the neighboring country.  However, The Government of Bangladesh have tried to make implementation through some steps. After a series of struggle for independence from Pakistan, when Bangladesh achieved independence on December 16,1971. The “Mukti bahini”( freedom fighters) and Bangladesh’s liberation forces, invaded the CHT and committed acts of aggression against the Jumma, including killings, arson, and assaults. Although the Jumma people, possessing a distinct cultural identity, initially believed their rights would be acknowledged due to their shared suffering under Pakistani rule, their hopes were dashed when the government dismissed their demands for autonomy, leading to feelings of betrayal and isolation.

After the departure of Pakistani forces, the Mukti Bahini reportedly continued their aggression towards the Jumma, resulting in violent incidents in areas like Panchari, Dighinala, and Kukichara, where many Jumma lives were lost. Reports also indicated significant land confiscations, particularly of rice fields in Matiranga, Ramgarh, and Manikchari, as Indigenous lands were overtaken by Bengali settlers from Feni district. In light of these adversities, the Jumma united politically and established the Parbatya Chattagram Jana Samhati Samiti (PCJSS) on February 15, 1972, led by M. N. Larma, with the aim of advocating for their rights and autonomy within a democratic context. However, the situation worsened as the CHT became increasingly militarized after independence, with military bases established in Dighinala, Ruma, and Alikadam. This heightened military presence fostered an environment of fear and repression. The government restricted media coverage surrounding the CHT to obscure the Jumma people’s calls for self-determination and the human rights violations they faced. This censorship sought to isolate the CHT from both the broader Bangladeshi population and the international community, primarily to conceal a state-sponsored migration program and human rights abuses. This is seen as alarming issue by the Chakma Jumma leaders and there was a need for the formation of a binding agreement between the Republic of Bangladesh  as represented by the government and the PCJSS on behalf of the indigenous residents. Thus on December 2, 1997, The Chittagong Hill Tracts Accord was signed between the parties at the Internatiinal Conference hall of the prime minister’s office in Dhaka.[9]

The Accord essentially consist-

1. General clause.
2. Hill District Local government Councils.
3. The Chittagong Hill Tracts Regional Council.
4. Rehabilitation, General amnesty and other matters.

There are  following features of  the Chittagong Hill Tract CHT Accord :-

1. All the army camps and military presence be withdrawn from the villages.
2. There shall be rehabilitation of refugees who were internally displaced.
3. The Homeless Jumma Communities will be provided with land settlements.
4. Allocation of funding for the additional implementation of developmental projects.
5. Reservation of Quotas to be done for the Indigenious people of CHT.
6. A committee to be establishment  for the implementation and operation of the accord.
7. A monitoring system for the function of the accord headed by 3 members.
8. The accord to be in effect from the date of signature affix.[10]

Like any other accords which are signed and got neglected. The CHT Accord also faces some backdrops after its operation started from fixing signatures. The problem were complex and it cannot be eradicate in just few spend of time taking into consideration the disputes between Jumma and the Bengali population of the Country.

The Chittagong Hill Tracts (CHT) in Bangladesh are currently grappling with significant challenges pertaining to land grabbing and the repercussions of development programs on Indigenous Jumma communities. Localities such as Longadu, Dighinala, and Barkal serve as prime examples of the rampant illegal land seizures being carried out by settlers. Government officials, often with the backing of the military, are complicit in these actions through initiatives like the controversial “Pacification Program” and various NGO endeavors.

Efforts are underway to address these land disputes, with a strong call to halt the influx of Bengali Muslims into the CHT. Many argue that these settlers should be repatriated to their original residences in the plains of Bangladesh. Such a move could streamline the efforts of the CHT Land Dispute Disposal Commission and mitigate tensions surrounding the inclusion of Bengali Muslim settlers in voter registries and the issuance of permanent residency certificates.

A primary issue in the CHT revolves around the scarcity of land and the need for sustainable development. The secondary issue is the developmental projects which were found harming the environment and the indigenous way of life of the Chakma people. For instance, Projects like the Kaptai Hydel Project and the Paper and Rayon Mills are leading to significant loss of the land na dthe properties of the Jumma Chakma people.[11] In the coming days, we see the breakdown of law and order when the Government of Awami League led by Sheikh Hasina fall down on August 5^th  of 2024 and taking over of the  Magisterial power by the Millitary on 17^th September which led to the rise of military policing over all the regions of the country including CHT. Since then, The event of violence started when an alleged Theft from a Muslim Bengali community got killed during dispute in the area pouring fuel over the Muslim settlers breaking and damaging the properties of the Chakma people in Chittagong hill. The military allegedly was seen to be supporting the arson attacks as recorded by the local Chakma Residence. Though this is not the only time the attacks have occurred as there was systematic military led process from 1979 to 1983 to bringforth over 5 lakh Muslim Bengali residing in plains over the hills.[12] The globe indeed shows the great setback of the inter-ethnic peace last recorded in late 2007 and in 2024 when over hundreds of properties were damaged and over 7 people were killed in attacks. It is grave destruction of a community to that extent where they are forced to leave the country and fled to the neighboring countries as homeless.[13]

SOCIO-POLITICAL FACTORS AND MARGINALIZATION OF THE CHAKMA COMMUNITY:

1. The suffering of the Chakma community and the people of Chittagong Hill Tracts starts from when Chakma King, Raja Tridip Roy, Supported  Pakistan during the Liberation war 1971 resulting in the confiscation of many Chakma Lands and properties by the plain dwellers of Bangladesh.
2. The identity of Chakma Community then merged with the larger notion of “Bangla Nation” even though there were multiple attempts by parliamentarians such as M.P Manabendra Narayan Larma to introduce a constitutional amendment to recognize CHT as an autonomous region to protect the cultural, political, civil and social identity of the indigenous people. There was negligence in the concerns of the then depleting Chakma population by the majority led parliamentarians and thus did not find any need in forming so. This led to armed resistence and insurgencies and Bangladesh government seek armed help from Indian authority for implementing the counter- insurgency measures. Though the initiative fall down due to change in government and The major leader such as Larma and his followers fled to India and continue the struggle.[14]
3. Later , to tackle the issue the then Bangladesh Governement declared the CHT as a special Economic Area and offered amnesties to encourage the surrender of the armed fighters emerging from Jumma and Chakma populations as rebel.[15]
4. The Coming period show the struggles faced by the Chakma population again when multiple crimes, drug  and human trafficking and political discrimination was faced due to over exploitation lands. Thus leading to Migration outside the country over the neighbour countries especially India. Today the Vast population of unrecorded Chakma population resides in Arunachal Pradesh, Tripura, Assam and parts of Delhi merging with the Chakma inhabitants in India holding legit citizenship. Chakma are Buddhist and the vast population are found residing upon the Buddhist monasteries and sites. This clearly shows what is the defect within the government that the locals are turning stateless and were often categorized as illegal migrants since they did pass the borders without permission. But  however without any violence and harming actions ,the reason of influx need to be understood and the identity of Chakma people need to be acknowledge by the Bangladesh and Indian Government.[16]
5. Suhas Chakma, The Founder and head of Chakma Development Foundation of India CDFI and a famous human rights activist recently seeks intervention by the Indian Governement to stop atrocities as the Chakma and other indigenous populations in the CHT. He quoted “ isolated and sporadic acts of racial discrimination and violence” across the plain districts of Chittagong and outskirts border areas of Bangladesh which is disturbing the export trade works by the indigenous people.[17]
6. The will of Chakma community is to be with the Republic of India, since they have faced the ethnic cleansing from 1847 which is showcased by August 17 black day celebration in India by Chakma people[18]. Prime minister Jawaharlal Nehru mentioned that he is confident enough to not doubt the status of CHT from being the part of Indian Territory as Leaders from CHT had met with him and expressed the desire to not included in East Pakistan. That led to the idea till today that India did acknowledge the Ethnic violence in Bangladesh and may influence the relation between two nations.[19]

CONCLUSION:

From the understanding the serious ethnic violence and racial clearing of Chakma Community, It can be understood that it is the time to understand the self dignity of the indigenous residing in CHT. The government in Bangladesh need to show the responsibility to show implementation of the Accord in effective format rather than just using it as tool to disarm chakma jumma people’s resistence. The government will required to understand the integrity of its citizens. The major organizations of Chakma community believes that national and international support, mediation between the centre and the territorial leaders and immediate UN action is required to solve this conflict to resolve it peacefully and securing rights.

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[1] Eleanor Roosevelt, Remarks at the United Nations (Mar. 27, 1958).

[2] Hossain, K. (2015). The Bangladesh Liberation War: The Unfinished Memoirs. Dhaka: Pathak Shamabesh.

[3] Chakravarty, R. (2014). “The India-Bangladesh Border Dispute: An Overview.” Indian Journal of Political Science, 75(3), 453-468.

[4] Das, A. (2016). “Bangladesh and the Dynamics of Illegal Migration: A Case Study of Assam.” Migration Studies, 4(2), 189-206.

[5] 4. Ghosh, A. (2015). “The Enclave Exchange: A New Chapter in India-Bangladesh Relations.” Economic and Political Weekly, 50(21), 35-38.

[6] Bhattacharya, S. (2013). “The Bangladesh War and its Aftermath: A Historical Perspective.” Journal of Asian Studies, 72(2), 467-491

[7] Khan, S. (2017). “Border Management and Security: India and Bangladesh.” South Asian Survey, 24(1), 71-85

[8] 7. Rahman, M. (2016). “The India-Bangladesh Border: Issues and Challenges.” Journal of Borderlands Studies, 31(1), 23-42.

[9] CHT History and Struggle,https://www.pcjss.org.cht-history-struggle.

[10] Chittagong Hill Tracts Peace Accord Treaty 1997

[11] Josinta Zinia & Redowan Islam Palash, Modernization and Underdevelopment: A Case of Kaptai Hydro-Electric Project, 10 GSJ 1 (2022), https://www.globalscientificjournal.com.

[12] Kallol Bhattacharjee, Rights Group Allege Bangladesh Army Was Inactive While Indigenous People Attacked in CHT, The Hindu (Sept. 20, 2024).

[13] Ido Vock, Euphoria in Bangladesh After PM Sheikh Hasina Flees Country, BBC News (Aug. 5, 2024), https://www.bbc.com/news/bangladesh.

[14] Rashed Khan Menon, Free the CHT of military intervention, Dhaka Courier, 5 June 1992.

[15] Abdul Muyeed Chowdhury, Insurgency in Chittagong Hill Tracts,: Modalities for Solution (unpublished paper).

[16] Atul P. Chakma, Chakma Problem: A Vexed Legal Issue and Human Rights Violations in India, 2 Pimpri L. Rev. J. 1 (2022).

[17] Sumir Karmakar, Chakmas Stage Protest in New Delhi Against Attacks on Minorities in Bangladesh, Deccan Herald (Sept. 24, 2024),

[18] Vivan Eyben, Why the Chakmas Have Declared August 17 a Black Day: The People of the Chittagong Hill Tracts Have Had to Deal with Tacit Ethnic-Cleansing Since 1947, NEWS CLICK (Aug. 18, 2018),

[19] Minutes of Meeting, Government House, New Delhi, August 16, 1947

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Author: Rahul Jamatia

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