SIMLA AGREEMENT
Context
In response to India’s decision to suspend the 1960 Indus Waters Treaty in the aftermath of the Pahalgam terror attack, Pakistan’s government said it could hold the 1972 Simla Agreement and “all other bilateral agreements with India” in abeyance.
Simla Agreement
- Shimla Agreement 1972 was signed on 2nd July 1972 in Shimla, Himachal Pradesh which marked a significant diplomatic turning point in the aftermath of the Indo-Pak War 1971. In a joint commitment to end the issues, the Governments of India and Pakistan pledged to resolve future disputes through peaceful, bilateral dialogue, with mutual respect for each other’s sovereignty and territorial integrity.
- The Simla Agreement was signed between Indian Prime Minister Indira Gandhi, fresh from her victory in the 1971 Bangladesh War, and Pakistani Prime Minister Zulfikar Ali Bhutto, who was grappling with the defeat and the partition of Pakistan.
- The groundwork for these negotiations had been largely prepared by the Soviet Union, with Indian and Pakistani diplomats engaging in preliminary talks in Moscow.
- The discussions centered on two key matters: shaping the future relationship between India and Pakistan, including the repatriation of over 93,000 Pakistani prisoners of war, and addressing the Kashmir issue.
- Both sides agreed to resolve their disputes peacefully, either through direct bilateral talks or through mutually acceptable methods.
- Additionally, the Simla Agreement marked the first instance where Bangladesh was formally acknowledged as an independent nation in a bilateral treaty
Shimla Agreement 1972 Objective
- India aimed to find a lasting solution to the Kashmir conflict and ensure that Pakistan would not involve third parties in discussions related to Kashmir.
- The Shimla Agreement 1972 was seen as a chance to reset India-Pakistan relations, with Pakistan acknowledging the new balance of power post the 1971 war.
- The Agreement aimed to achieve strategic goals without creating resentment in Pakistan.
Diplomatic and Public Communication Measures
- Both governments agreed to take necessary steps to restrict hostile propaganda and instead promote information that would encourage friendly relations between the two countries.
- To rebuild mutual trust, efforts were to be made to restore communication channels such as postal services, telegraph links, air routes, and border check-posts.
- The agreement also encouraged initiatives to facilitate cross-border travel for the citizens of both nations, thereby enhancing people-to-people ties.
Economic, Scientific, Cultural Cooperation
- Both countries aimed to resume trade and economic collaboration, and extend cooperation into areas such as science and culture.
- Exchanges in academic knowledge and cultural heritage were seen as key tools to improve bilateral relations.
Military and Territorial Arrangements
- A central clause of the agreement required Indian and Pakistani forces to withdraw to their respective sides of the international border.
- The Line of Control (LoC) in Jammu and Kashmir, as established following the December 17, 1971 ceasefire, was to be respected by both sides without damage to the final settlement of the issue.
- Both nations pledged to refrain from the use of force or the threat thereof in any manner that would disturb the LoC.
Violations of the Pact
- In the years following the Simla Agreement, Pakistan repeatedly breached its terms by supporting and arming militant groups in Kashmir and by sending troops across the Line of Control (LoC), which culminated in the Kargil conflict of 1999.
- Pakistan also sought international intervention, including appealing to the United Nations and other countries, actions that contradicted the bilateral framework agreed upon in Simla.
- Meanwhile, India’s 1994 Parliamentary resolution declaring the entire region of Kashmir, including Pakistan-Occupied Kashmir, as an integral part of the country, along with the 2019 abrogation of Article 370, have further diminished the relevance of the Simla Agreement.
Other agreements which are to be affected
- Although Pakistan did not explicitly mention any specific agreement, the Shehbaz Sharif government’s reference to "all other" bilateral accords could encompass a range of treaties signed between India and Pakistan following their multiple armed conflicts, from the first Kashmir war in 1948 to the Kargil conflict in 1999.
- Among these is the Nehru-Liaquat Pact of 1950, which focused on safeguarding minority rights in both nations. Another significant accord is the 1974 Bilateral Protocol on Visits to Religious Shrines, which facilitates the travel of hundreds of Hindu and Sikh pilgrims to 15 sites in Pakistan and allows Muslim pilgrims to visit five mosques and shrines in India.
- For now, both countries have suggested that the Kartarpur Corridor agreement, finalized in 2019 between the Narendra Modi and Imran Khan administrations, will continue.
- However, other agreements aimed at building confidence and sharing information may come under strain. In 1988, India and Pakistan signed a pact to exchange lists of their nuclear installations annually on January 1.
- This was followed in 1991 by agreements on advance notification of ballistic missile tests and measures to prevent airspace violations. Since February 2021, both sides have adhered to a ceasefire agreement, originally established in 2003.
- Any military action by India against terror camps or other targets in Pakistan — actions against which Pakistan has vowed retaliation — could jeopardize the ceasefire.
- Furthermore, India’s move to suspend its participation in the Indus Waters Treaty could escalate tensions, with Pakistan threatening legal action internationally and framing any disruption of water flow as an "act of war."
- India, while an upper riparian to Pakistan and Bangladesh, is also a lower riparian state in relation to China, which has at times withheld hydrological cooperation. Consequently, India’s decisions regarding the Indus Waters Treaty are likely to be watched closely not just by Pakistan, but by other neighboring countries as well
India-Pakistan relationship over the Years
- Partition and Independence (1947):
The division of British India in 1947 marked a turning point, leading to the establishment of two new nations: India, founded as a secular state, and Pakistan, envisioned as a theocratic state. Initially, the Maharaja of Kashmir aimed to maintain independence; however, following Pakistan's invasion of Kashmir, he chose to accede to India, triggering the first Indo-Pakistani War of 1947–48.
- Wars, Agreements, and Rise of Terrorism:
The 1965 conflict, sparked by border clashes, escalated into a full-fledged war but concluded with a UN-brokered ceasefire, resulting in no significant territorial changes.
In 1971, India played a decisive role in supporting East Pakistan's independence movement, leading to the creation of Bangladesh.
- The Simla Agreement of 1972, signed in the aftermath of the war, formalized the Line of Control (LoC) in Kashmir.
By 1989, Pakistan began backing an armed insurgency in Kashmir, which resulted in extensive violence and widespread human rights violations.
- The Kargil conflict of 1999 erupted when Pakistan-supported forces infiltrated positions on the Indian side of the LoC, culminating in a military victory for India but deepening mutual hostility.
- The 2008 Mumbai attacks, orchestrated by Pakistan-based militant group Lashkar-e-Taiba, resulted in the deaths of 166 civilians and drastically worsened bilateral relations, drawing global condemnation and demands for Pakistan to combat terrorism.
While both countries have periodically pursued dialogue and confidence-building measures, these efforts have often been derailed by incidents like the Pulwama attack in 2019 and subsequent military confrontations, underscoring the persistent volatility of peace initiatives.
- Contemporary Situation (2023–2024):
Political instability within Pakistan, along with the persistence of militant activities and ongoing border tensions, continues to fuel distrust and violence between the two nations.
Adding to this complex scenario is China’s growing regional influence, including its close strategic ties with Pakistan and its territorial disputes with India, further complicating the already fragile Indo-Pakistani relationship