What is Shimla Agreement and how will its suspension by Pakistan impact LoC status quo with India? Read here
As India went on the offensive against Pakistan by cutting all diplomatic ties with the country and suspending the Indus Water Treaty after the Pahalgam terrorist attack, Pakistan responded through a slew of measures, including a statement announcing that it would exercise its right to hold the Simla (Shimla) agreement in abeyance. The statement came after Pakistan PM Shehbaz Sharif convened a meeting of the National Security Committee (NSC) yesterday (24th April) amid the fear of facing a strong retaliation from India after the ghastly terrorist attack in Pahalgam where Jihadi terrorists killed 26 Hindu tourists.
“Pakistan shall exercise the right to hold all bilateral agreements with India, including but not limited to the Shimla Agreement, in abeyance. All cross-border transit from India through this route shall be suspended, without exception. Those who have crossed with valid endorsements may return through that route immediately, but not later than April 30,” read the statement released by Pakistan.
As the Indian authorities launched a manhunt for terrorists in Jammu and Kashmir and along the Line of Control (LoC), which has historically been used by Pakistan-sponsored terrorists from Pakistan to infiltrate into India and carry out terrorist activities, let’s understand how the LoC came into existence and how the suspension of suspend the Simla Agreement 1972 would impact the deteriorating relations between India and Pakistan.
The Simla Agreement, 1972
Pakistan faced a humiliating defeat in the 1971 Bangladesh Liberation War when about 93,000 Pakistani soldiers surrendered en masse to the Indian forces, making it the largest surrender of troops after WWII. The Simla Agreement, 1972, was signed between India and Pakistan in the aftermath of the Liberation War. It paved the way for several subsequent agreements, including those relating to the repatriation of citizens and the Prisoners of War (PoWs) between the two countries. The agreement also led to Pakistan recognising Bangladesh as an independent and sovereign nation in 1974.
The Simla Agreement was a peace treaty signed by the Pakistan President Zulfikar Ali Bhutto, and the Indian Prime Minister Indira Gandhi in Shimla, Himachal Pradesh, on July 2, 1972. It was aimed at normalising relations between the two countries but putting an end to hostilities and laying down the principles to be followed by them in their future interactions.
“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 task of advancing the welfare of their peoples,” the agreement stated.
The agreement laid down a framework of bilateral relations between the two countries. Under the agreement, both countries agree to “abjure conflict and confrontation which had marred relations in the past, and to work towards the establishment of durable peace, friendship and cooperation”. The agreement stated that the relations between the two countries would be governed by the principles and purposes of the UN Charter and obligated both countries not to indulge in acts detrimental to the maintenance of peaceful and harmonious relations between them.
They also pledged to resume communication, trade, economic cooperation and promote travel facilities for the citizens of both countries.
The Ceasefire Line of 1971 recognised as the LoC
Under clause 4 of the Simla Agreement, the countries agreed to withdraw their troops to their side of the international border and recognised the Ceasefire Line as the Line of Control (LoC). The Ceasefire Line was demarcated after the Indo-Pakistan War of 1947 through the intervention of the United Nations. The military representatives of India and Pakistan signed the Karachi Agreement, 1949, under the supervision of the UN Commission for India and Pakistan, which established the Ceasefire Line. With minor modifications, the Shimla agreement recognised the Ceasefire Line as the Line of Control.
Image via India Toda
“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 the threat or the use of force in violation of this Line,” read the agreement.
The agreement set the period of 30 days for the withdrawal of troops by both countries to their side of the international border.
Impact of the suspension of the LoC
Pakistan has been consistently violating the Simla Agreement either through military activities or by indulging in proxy war against India by promoting and enabling cross-border terrorism against India. In 1999, Pakistan violated the agreement by sending its military into the Indian territory in Jammu and Kashmir, which resulted in the Kargil War.
Pakistan’s announcement to suspend the Simla Agreement may amount to a unilateral attempt to alter the status of the border agreed upon by India and Pakistan under the agreement. It would mean derecognising the agreed framework of bilateral relations between the two countries, thus making way for the intervention of third parties. If Pakistan proceeds to suspend the Simla Agreement, whether this would play out in its favour or would prove a self-sabotaging move remains to be seen.
News