In the background of Simla agreement
After the 1971 war, India held prisoner around 93,000 Pakistani troops and civilians. In Pakistan there was a growing demand to get these prisoners released with the result that a Summit Conference between Pakistani President, Zulfiqar Ali Bhutto and the Indian leader,
Mrs. Gandhi, was held at Simla from June 28 to July 2, 1972. The two countries reached an agreement on July 2. The agreement contained the elements of an earlier Indian draft, but the wording was considerably modified. In particular the clause referring to the ceasefire line in Kashmir was rephrased as to make it acceptable to Pakistan
The Indian side therefore put their proposal in a low key and in an indirect manner by proposing that the name of the line dividing India and Pakistan in Jammu and Kashmir be changed from the “cease-fire line” to the “line of control”
The transformation of the ceasefire line into the line of control was the core of the Indian solution to the Kashmir problem. The de facto line of control was meant to be graduated to the level of a de jure border. Since no agreement was reached on this point, negotiations were called off and the curtain came down on five days of hectic negotiations which had begun with great hopes throughout the subcontinent.
Soon, word spread that the conference had failed. Media men rushed off to announce the failure. In the midst of this enveloping gloom Bhutto asked to see Mrs. Gandhi and a meeting was fixed for 6 p.m. at the Retreat, where she was staying. When Bhutto came to see Mrs. Gandhi, he met P.N. Haksar and myself briefly and said: “You officials give up too easily”. Mrs. Gandhi and Bhutto then met for an hour while Haksar and Dhar waited in the adjoining room. Emerging from his tete-a-tete with Mrs. Gandhi, Bhutto looked pleased and said, “we have settled the matter and decided to give you some work to do before dinner.” After we saw Bhutto off, Mrs. Gandhi briefed us on what had transpired.
Mrs. Gandhi elaborated the merits of the Indian proposal in the following terms: It was the only feasible solution. An important feature of the proposal was that neither country was gaining or losing territory on account of war. It did not involve transfers of population from one side to the other. Kashmiris as an ethnic community were left undivided on the Indian side. The line of control was therefore largely an ethnic and linguistic frontier. In fact in 1947, at the time of partition, it was also an ideological frontier, being the limit of the political influence of Sheikh Mohammed Abdullah and his National Conference party. True, there were some anomalies in this otherwise neatly etched picture, but these, Mrs. Gandhi pointed out, could be removed by mutual consent.
Bhutto resounded with feeling and apparent sincerity. After long reflection he had come to the conclusion that the Indian proposal was the only feasible one. But he could not agree to incorporating it in the agreement for the reasons he had stated earlier. He would, however, work towards its implementation in practice and over time. Mrs. Gandhi herself was worried that a formal withdrawal of the Indian claim on Pak-occupied Kashmir could create political trouble for her. She agreed that the solution should not be recorded in the agreement for the reasons advanced by Bhutto, but it should be implemented gradually, as he had suggested.
It was also agreed that the understanding would not be a written one. The insertion of secret clauses in the agreement was considered inconsistent with the desire to build a structure of durable peace. It was decided, however, that the agreement would be worded in a manner that would not create difficulties of implementation for Pakistan. This resulted in some last-minute negotiations which were carried on during the return banquet of the president of Pakistan on the eve of his departure for his country. Thus, some clauses included in the draft agreement had to be deleted to accommodate Bhutto.
The most important part of the agreement, sub-clause 4(ii), says: 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. The phrase “without prejudice” to the recognised position of either side was a concession to Bhutto to save him from domestic critics. The second and third sentences were assumed to prevent the abuse of this concession and to lay the foundation for a future settlement of the Kashmir issue.
Extracted from: Indira Gandhi: The Emergency and Indian Democracy,
P. N. Dhar, Oxford University Press, Rs.545.
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Agreement on Bilateral Relations between the Government of India and the Government of Pakistan (Simla Agreement)
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Simla, 2 July 1972
1. 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 sub-continent, so that both countries may henceforth devote their resources and energies to the pressing talk of advancing the welfare of their peoples.
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 organization, assistance or encouragement of any acts detrimental to the maintenance of peaceful and harmonious relations;
(iii) That the pre-requisite for reconciliation, good neighbourliness and durable peace between them is a commitment by both the countries to peaceful co-existence, respect for each otherโs territorial integrity and sovereignty and non-interference in each otherโs 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 otherโs national unity, territorial integrity,
political independence and sovereign equality;
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.
2. 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.
3. In order progressively to restore and normalize 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 overflights.
(ii) Appropriate steps shall be taken to promote travel facilities for the nationals of the other country.
(iii) Trade and co-operation 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.
4. 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 cease-fire of December
17, 1971 shall be respected by both sides without prejudice to the recognized 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.
5. 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.
6. 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 normalization 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.
Sd/- (Indira Gandhi)
Prime Minister Republic of India
Sd/- (Zulfikar Ali Bhutto)
President Islamic Republic of Pakistan