Simla Agreement

The Simla Agreement was signed between India and Pakistan at 12:40am [Divided Kashmir by Mushtaqur Rahman] on July 3, 1972. [ [http://mea.gov.in/jk/sim-ag.htm Simla Agreement ] ] It followed from the war between the two nations in the previous year that had led to the independence of East Pakistan as Bangladesh. The agreement laid down the principles that should govern their future relations. It also conceived steps to be taken for further normalization of mutual relations. Most importantly, it bound the two countries "to settle their differences by peaceful means through bilateral negotiations". It also cemented the Line of Control as something close to a permanent border. "In Jammu and Kashmir, the Line of Control resulting from the cease-fire of December 17, 1971 shall be respected by both sides without prejudice to the recognised position of either side. Neither side shall seek to alter it unilaterally irrespective of mutual differences and legal interpretations. Both sides further undertake to refrain from threat or the use of force in violation of this Line." The agreement also paved the way for diplomatic recognition of Bangladesh by Pakistan. As a gesture of goodwill India decided not to try 93,000 (80,000 military, paramilitary and police forces, and 13,000 civilians) Pakistan prisoners of war for war crimes and released them.

The agreement has been the basis of all subsequent bilateral talks between India and Pakistan, though it has not prevented the relationship between the two countries from deteriorating to the point of armed conflict (most recently in the Kargil War). The treaty was signed in Simla, India, by Zulfiqar Ali Bhutto, the Prime Minister of Pakistan, and Indira Gandhi, the Prime Minister of India.

Text of the Agreement

Simla Agreement on Bilateral Relations between India and Pakistan signed by Prime Minister Indira Gandhi, and Prime Minister of Pakistan, Z. A. Bhutto, in Simla on July 2, 1972. [ [http://www.indianembassy.org/policy/Kashmir/shimla.htm Simla Agreement between India and Pakistan - Embassy of India, Washington, DC ] ]

The Government of India and the Government of Pakistan are resolved that the two countries put an end to the conflict and confrontation that have hitherto marred their relations and work for the promotion of a friendly and harmonious relationship and the establishment of durable peace in the subcontinent so that both countries may henceforth devote their resources and energies to the pressing task of advancing the welfare of their people.

In order to achieve this objective, the Government of India and the Government of Pakistan have agreed as follows:

(i) That the principles and purposes of the Charter of the United Nations shall govern the relations between the two countries.

(ii) That the two countries are resolved to settle their differences by peaceful means through bilateral negotiations or by any other peaceful means mutually agreed upon between them. Pending the final settlement of any of the problems between the two countries, neither side shall unilaterally alter the situation and both shall prevent the organisation, assistance or encouragement of any acts detrimental to the maintenance of peace and harmonious relations.

(iii) That the prerequisite for reconciliation, good neighbourliness and durable peace between them is a commitment by both the countries to peaceful coexistence respect for each other's territorial integrity and sovereignty and noninterference in each other's internal affairs, on the basis of equality and mutual benefit.

(iv) That the basic issues and causes of conflict which have bedeviled the relations between the two countries for the last 25 years shall be resolved by peaceful means.

(v) That they shall always respect each other's national unity, territorial integrity, political independence and sovereign equality.

(vi) That in accordance with the Charter of the United Nations, they will refrain from the threat or use of force against the territorial integrity or political independence of each other.

Both governments will take all steps within their power to prevent hostile propaganda directed against each other. Both countries will encourage the dissemination of such information as would promote the development of friendly relations between them.

In order progressively to restore and normalise relations between the two countries step by step, it was agreed that:

(i) Steps shall be taken to resume communications, postal, telegraphic, sea, land, including border posts, and air links, including over flights.

(ii) Appropriate steps shall be taken to promote travel facilities for the nationals of the other country.

(iii) Trade and cooperation in economic and other agreed fields will be resumed as far as possible.

(iv) Exchange in the fields of science and culture will be promoted.

In this connection delegations from the two countries will meet from time to time to work out the necessary details.

In order to initiate the process of the establishment of durable peace, both the governments agree that:

(i) Indian and Pakistani forces shall be withdrawn to their side of the international border.

(ii) In Jammu and Kashmir, the line of control resulting from the ceasefire of December 17, 1971, shall be respected by both sides without prejudice to the recognised position of either side. Neither side shall seek to alter it unilaterally, irrespective of mutual differences and legal interpretations. Both sides further undertake to refrain from the threat or the use of force in violation of this line.

(iii) The withdrawals shall commence upon entry into force of this agreement and shall be completed within a period of 30 days thereof.

This agreement will be subject to ratification by both countries in accordance with their respective constitutional procedures, and will come into force with effect from the date on which the instruments of ratification are exchanged.

Both governments agree that their respective heads will meet again at a mutually convenient time in the future and that in the meanwhile the representatives of the two sides will meet to discuss further the modalities and arrangements for the establishment of durable peace and normalisation of relations, including the questions of repatriation of prisoners of war and civilian internees, a final settlement of Jammu and Kashmir and the resumption of diplomatic relations.

Quiad-e-Awam
President
Islamic Republic of Pakistan

Indira Gandhi
Prime Minister
Republic of India

Simla, the 2 July, 1972.

Criticism

The Simla agreement was meant to ensure a long lasting end of hostilities and the restoration of friendly terms between India and Pakistan. Many Indians felt that the agreement was excessively magnanimous towards Pakistan despite India's conclusive victory. However, the first move to violate this agreement was when India moved its troops to the Siachen Glacier in April 1984 in an attempt to gain territory over Pakistan and take advantage of the unmarked line of control from a vantage position. Pakistan then moved its troops also to the glacier, and this has remained the highest battle ground between organized armies in history.

In order to shift pressure from Siachen Glacier and other conflict areas, Kashmiri armed militants supported by the Pakistan army tried to take the peaks of Kargil. After initial victories, the Pakistani forces withdrew in face of international pressures, particularly from the USA government.

While the Pakistani and Kashmiri public opinion has looked upon the Indian occupation of Kashmir as the greatest injustice of this century, general Indian public opinion perceives Pakistan's effort to dispute India's sovereignty over Indian controlled Kashmir as reflective of Pakistan's ingratitude. Just like India's invasion of Siachen Glacier was a violation of the Simla Agreement by India, the 1999 Kargil War was a violation by Pakistan and therefore aberrant international conduct by both sides. While Indians gloat over their victory over Pakistan in the 1971 war and the creation of Bangladesh, Pakistanis on the other hand have still not been able to digest the loss of East Pakistan and blame India for meddling in what they claim was an internal affair to begin with. [ [http://www.ipcs.org/India_Pak_articles2.jsp?action=showView&kValue=521&status=article&mod=a IPCS - Indo - Pak Relation ] ]

* See also Siachen conflict

References

External links

* [http://www.kashmir-information.com/LegalDocs/SimlaAgreement.html Simla Agreement]