Transfer of Territories from West Bengal to East Pakistan and Adjustment of Boundaries between West Bengal and East Pakistan
Boundary (Special Motion on Berubari Union)
Vol. XXI, 1959 29th December, 1959 (pp. 492-494)
The Hon’ble Dr. Bidhan Chandra Roy: Sir, this discussion has to my mind been clouded by issues which are not germane to the subject-matter of the resolution. It is true that in the resolution there are two expressions used, namely, the question of transfer of territories from West Bengal to East Pakistan and readjustment of boundaries between West Bengal and East Pakistan. These are two separate issues.
The two issues are entirely different to my mind. One is the question of transfer of territories and the other is the question of adjustment of boundaries. I would suggest and I would request my friends to keep these two issues separately. The question of transfer of territories may require a Parliamentary Act. My friend Shri Sudhir Ray Chaudhuri has made a suggestion and we also see in a similar manner, namely, that Article 1 and Article 3 read together might create a difficulty even for the Parliament to consider the Bill. But we do not propose to go into that matter because I am perfectly sure that when the Bill is placed before the Parliament this issue will be raised and discussed. Assuming that the Parliament has no power to make the enactment or the Bill, the question drops, but we need not raise the issue or pre-judge the issue at this stage with regard to the transfer of territories. Some friends in their discussion have mixed up the question of exchange of enclaves and of adjustment of boundary.
The discussion on enclaves shows that my friend Shri Bankim Mukherjee has not yet understood exactly what the enclave means. At the time when Sir Cyril Radcliffe drew the partition line, Cooch Behar was not within the Indian Union but some of the small portions of Cooch Behar territory or zemindari which were in Pakistan were placed in Pakistan after the line was drawn. Similarly, some of the areas which were in Cooch Behar in the olden pre-partition days controlled and administered by Indian Union went after partition to that portion of undivided Bengal which became Pakistan.
Naturally the amalgamation or assimilation of Cooch Behar to Indian Union created these enclaves. They are issues by themselves. Whether it is right or wrong they will in the usual course be placed before this House and discussed at that stage. Today we are concerned with the question of adjustment of boundaries. It has been suggested that this adjustment regarding Berubari Union might have been due to the fact that no maps were placed before the Prime Minister of India at the time of his discussion with the Pakistan Prime Minister and, therefore, he had to depend upon the maps supplied by Pakistan.
This is entirely incorrect. Maps were sent to the External Affairs Ministry long before the actual discussion took place. Certain suggestions have been made and repeated saying that our Revenue Officers had given their opinions regarding the adjustment of boundaries. I said before and I repeat again that no questions were asked to our officers. Therefore there was no point of giving any opinion on the part of the Revenue Officers. I repeat again, as I said before, that with regard to discussion regarding the adjustment of boundaries no opinion was asked for from the Government of West Bengal, and we felt that as in the case of Bagge or in the case of Radcliffe the matter was entirely to be discussed at the inter-dominion level and, therefore, there was no point in our interfering with this matter. It was only after the results of the discussion between Nehru and Noon appeared that this question came before us. Sir, I am giving now a short description of the exact position regarding this Berubari Union. Berubari Union is Union No. 12 — a part of the Jalpaiguri police-station. It is included as part of the Jalpaiguri police-station. In 1951 our D.L.R. and the D.L.R. of the other side — both discussed the point as regards the interpretation of the Radcliffe award in reference to this Union, and we have been claiming the Berubari Union.
Our grounds were as follows: In the map drawn by Radcliffe which is annexure B in his Award Berubari Union No. 12 was placed almost entirely in Pakistan, but there is a divergence between the map and the description given by Radcliffe. The description runs as follows: A line shall be drawn along the boundary between the thanas of Pachagar and Jalpaiguri and shall then continue along to the northern corner of the Thana Debiganj where it meets the State of Cooch Behar. You will notice, Sir, that the demarcation is not very clear. It is somewhat vague because it says “the line shall then continue along the northern corner”, that the line can go up to a particular distance along a particular way, but it is
not clear.
Sir, the description was defective. If we look at a correct map we find that the line comes just between Jalpaiguri Thana and Pachagar, next between Jalpaiguri Thana and Boda police-station, and then comes Jalpaiguri Thana and Debiganj police station.
Evidently in describing the area or in drawing the map, Boda police-station has been absolutely forgotten. I do not know why it was so, but there is no description of Boda police station either in the description of Radcliffe or in his map. Sir, we have been claiming the whole of the Berubari Union No. 12 on the following grounds. As has been mentioned before, according to Radcliffe, whenever there is a divergence between his description and his map, the description should be followed and we did follow the description. We drew the line between Pachagar and Jalpaiguri police station. Then if we draw the line up to the point where Debiganj police-station meets Cooch Behar, then we have got to go through Boda police-station you cannot avoid it.
Therefore, we claimed that the whole of Berubari should belong to us. Secondly, normally in Radcliffe’s award, a boundary-line between West Bengal and East Bengal follows the thana boundary and there is no reason whatsoever why Radcliffe should cut out the union of one thana from West Bengal and give it to East Bengal. Therefore, we claimed that we should follow the boundary-line of Jalpaiguri police-station as far as it goes between Jalpaiguri and Pachagar, then between the Boda police-station and then we reach the northern corner of Debiganj police station.
Pakistan, on the other hand, suggested that the intention of Radcliffe was indicated in the map drawn by him, according to which Berubari Union is included in East Pakistan. So far as the map is concerned, they are right. If Radcliffe wanted the boundary-line to follow the thana boundary, naturally he would have mentioned Boda police-station also. But he did not do so. He stopped where the boundary-line between Jalpaiguri and Pachagar ends and connected that line with the Northern point of Debiganj police-station—with a point between the North-East corner of Debiganj police-station and Cooch Behar. The Prime Ministers of both the countries have agreed to divide Berubari Union No. 12 half and half. How that half and half division
will be done we do not know, but the division will more or less start from the North–East corner of Debiganj thana in such a manner that, when and if the partition takes place, the neighbouring enclave of Cooch Behar might be tagged on to the portion that would come to India.
The area of Berubari Union is 8.75 square miles, half of which, viz. 4.37 square miles, would be the amount of the area that would go to Pakistan. It has not yet been decided as to how this division should take place, but the experts of the two countries will have to discuss this matter. No date for the demarcation and change-over of the territory has yet been fixed. The division that may take place should be such that the existing system of communication should be left intact as far as possible. The
population of Berubari Union is 12,000 of which the number of Muslims is about 100. Of the 11,900 Hindus about 8,000 are displaced Hindus from Pakistan. When Berubari Union is divided in accordance with the Prime Minister’s agreement, about 6,000 Hindus including 4,000 displaced Hindus will be in the portion that will go to Pakistan. It is just possible that these 6,000 Hindus would come back to the Indian Union.
The question that has arisen is whether the Prime Minister has a right to adjust the boundaries without reference to the West Bengal Government; that is the first question; secondly, whether they have the right to adjust the boundaries at all. Sj. Sudhir Chandra Ray Choudhuri thinks that we should invoke Article 51 and although it is only a directive principle of the Constitution, we should encourage settlement of international disputes by arbitration.
It is possible that the arbitration may be taken on hand. So far as this Government is concerned, we have spent money in that area for construction of roads, bridges, etc. and also we have settled some refugees for which money has been spent by the Government of India. We are, therefore, very keen that the Berubari Union should remain with West Bengal which has been controlling and administering this Union. The reason why, when the matter was placed before me, I thought of bringing it before the House for discussion, is that I thought it would be better for the Government of India to know the feeling of West Bengal, of the people of West Bengal, of all shades of opinion and that we should lay before them our emphatic protest against the readjustiment of boundary in the manner suggested by the two Prime Ministers.
As regards the alteration of the language which has been proposed by Dr. Chattopadhyay for substituting the words “it is sought to bring about” for the words “there is going to be” and for substituting the word “by” for “and” in the first paragraph of the resolution, I think those words are better. The alteration may be accepted. I therefore think that this resolution will be passed nem con.