Muhammad Ullah: Killing of Bangladeshis along the border by Indian BSF, non-resolution of water sharing dispute are the two important irritants in India- Bangladesh relations. Another irritant which has been recently added this list affecting Indo-Bangla relations pertains to the demarcation of maritime boundary between the two countries. Though not much heed has not been paid to the issue of maritime boundary demarcation by the common Bangladeshis due to the technalities surrounding the matter, an effort to create mass awareness on the issue was made recently by Nagorik Forum through a seminar at National Press Club Dhaka. Speakers of the seminar also underlined the need for the early settlement of maritime boundary and urged the government to raise the issue bilaterally, regionally and globally.

Maritime boundary dispute between Indian and Bangladesh caught the limelight recently when Bangladesh wrote a letter to the UN for its mediation / arbitration to get the issue settled with India in line with its rightful claims and according to practices / protocols in vogue under international law. The dispute dates back to the partition of India in 1947, when the Bengal Boundary Commission first established the border between India and Bangladesh (the then East Pakistan). In the aftermath of Bhola Cyclone in 1970, a feature low tide elevation) emerged in the mouth of Hariabhanga River separating the two countries (called New Moore by India and South Talpatty by Bangladesh), under jurisdiction of Shayamnagar Upazila of Satkhira district (Khulna Division), which led to competing territorial claims and contributed to the continuation of tensions over maritime boundary.

Similarly, in 2011, Bangladesh submitted an appeal to the UN Commission on the Limits of the Continental Shelf for approval of its Continental Shelf beyond 200 nautical miles of the baseline from which the breadth of the territorial sea is measured. In 2014, arbitration proceedings with India came to an end with a verdict fixing Bangladesh’s maritime border with India by awarding Bangladesh 19, 647 sq km of the 25,602 sq km sea area of the Bay of Bengal. In 2016, Bangladesh submitted a list of geographical coordinates of points concerning the straight baseline for measuring the breadth of the territorial sea.

Interestingly, after the settlement through the International Tribunal, the Government of India also published a gazette regarding the maritime boundaries of Bangladesh and India. In this verdict, both Bangladesh and India praised the decision of the International Tribunal. Bangladesh-India then hailed the decision as a win-win for the friendship and interests of both the countries. At that time, the Indian Ministry of External Affairs issued an official statement. Mentioned there, “The settlement of the maritime boundary will further enhance mutual understanding and goodwill between India and Bangladesh by bringing to closure a long-pending issue. This paves the way for the economic development of this part of the Bay of Bengal, which will be beneficial to both countries”.

Bangladesh first raised the demand for continental shelf at the UN in 2011. But after settling the border dispute with Myanmar and India, the continent amended that demand and submitted it to the commission again in 2020. Within six months of Bangladesh`s demand for a revised continental shelf, India wrote a letter to the UN objecting. On 17 April 2021, India raised an objection to Bangladesh`s demand for the continental shelf in an official letter to the United Nations. At the heart of the current dispute between India and Bangladesh over the continental shelf is the baseline of the two countries. The two countries have complaints and objections against each other over this baseline. This baseline measures 12 nautical miles from coast to sea, 200 nautical miles to special economic zones and then to the continental shelf.

Following the court`s ruling on maritime boundaries in 2014, Bangladesh has set the baseline in accordance with the court`s ruling and international law and regulations. India has not amended their baseline since the court ruling. The problem of gray area remains as India has not amended the baseline. In particular, Bangladesh has objections to the 8th and 69th points of the Indian baseline. According to Bangladeshi experts, this `gray area` will not exist if India amends its baseline in compliance with the court`s verdict.

This Asia-Pacific region is now becoming the most important for international trade and transportation. Bangladesh also has plans to harness marine resources. Disputes now mean barring the use of marine resources. Which will hinder our economic and geographical development. As a result, no international organization will come forward to carry out any survey and extraction of mineral resources in the sea area through the call of Bangladesh. In this way, they are trying to hinder our economic development.

As a neighboring country, we have border relations with India. Raksha is still leaking at the land border. Innocent Bangladeshis are constantly being killed at the border by the Indian BSF. Disputes over land boundaries have led to water and sea disputes with India. How can friendship with neighboring India be maintained in the face of so many disputes? India also needs to think about this.

On 16th April 2021, India raised objections with the United Nations’ Continental Determination Commission and requested the UN not to accommodate Bangladesh’s demand for demarcation of Continental Shelf in the Bay of Bengal suggesting that Bangladesh’s claim regarding the demarcation of Continental Shelf is not in consonance with the international laws on the sea. India also claimed that Bangladesh did not provide information about the ‘grey area’ in the Bay of Bengal (the area in the Bay of Bengal where the resources in water such as fish, etc. are owned by India but the underground minerals belong to Bangladesh). Grey area is about a 900 sq km stretch in the Bay of Bengal.   

On 13th September 2021, Bangladesh wrote a letter to UN Secretary General in connection with the instant dispute, wherein, it conveyed to the UN that, in 1976, India had enacted its Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act. Later, in 2009, India brought about an amendment to the Act to determine the baseline. In line with that Amendment, India started using the ‘straight line baseline’ which is contrary to Section 7 of the United Nations Convention of the Law of the Sea (UNCLOS). To substantiate its viewpoint, Bangladesh, through this letter argued that though the rule is to determine the baseline from the coast yet, some of India’s baselines are determined from the sea and the same are not acceptable to Bangladesh for their being against the International Law and against its own national interests. Through this letter, Bangladesh also conveyed to the UN that Bangladesh has determined its Continental Shelf in accordance with the 2014 verdict of the International Arbitrary Tribunal regarding the maritime boundary dispute between India and Bangladesh.