In a significant development, Pakistan has suspended the 1972 Simla Agreement as part of a series of retaliatory measures against India’s reaction to the Pahalgam terror attack, which claimed 26 lives. The move has once again brought into focus the importance of the Simla Agreement — a cornerstone of post-war diplomacy between India and Pakistan.

What Was the 1972 Simla Agreement?

The Simla Agreement, signed on July 2, 1972, was a historic peace treaty between India and Pakistan, following the 1971 India-Pakistan war which resulted in the creation of Bangladesh. It was inked by the then Indian Prime Minister Indira Gandhi and Pakistan’s President Zulfikar Ali Bhutto.

The primary aim of the agreement was to promote friendly and harmonious relations, establish durable peace, and prevent further conflict between the two nations. It sought to set a new tone for bilateral engagement in South Asia, moving away from confrontation and towards cooperation.

The agreement stated:

“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.”

Key Provisions of the Simla Agreement

1. Adherence to the UN Charter:
The agreement acknowledged the principles and purposes of the United Nations Charter as guiding norms for future relations. However, it subtly countered earlier UN resolutions like UNSC Resolution 47, which had called for a plebiscite in Kashmir.

2. Bilateral Resolution of Disputes:
Both India and Pakistan pledged to resolve all disputes — including the contentious Kashmir issue — through bilateral negotiations without seeking third-party mediation.

3. Mutual Respect for Sovereignty:
The two countries agreed to respect each other’s territorial integrity, political independence, and to refrain from interfering in each other’s internal affairs.

4. Redefinition of the Ceasefire Line:
The ceasefire line established after the 1947-48 war in Jammu and Kashmir was re-designated as the Line of Control (LoC). Both sides committed not to alter it unilaterally, regardless of ongoing differences.

5. Restoration of Diplomatic Relations:
The agreement called for the restoration of communications, travel, trade links, and other diplomatic relations disrupted by the war.

6. Release of Prisoners of War:
In a major humanitarian gesture, India agreed to release over 93,000 Pakistani prisoners of war — one of the largest releases after a conflict in modern history.

Impact on the Line of Control (LoC)

The Line of Control (LoC) has historically been a flashpoint between India and Pakistan, marked by frequent ceasefire violations, cross-border shelling, and infiltration attempts. If the mutual commitment to uphold the sanctity of the LoC under the Simla Agreement collapses, it could result in heightened hostilities between the two nations.

As of now, India has not issued an official response to Pakistan’s announcement suspending the agreement.

Was the Simla Agreement Already Dead?

Despite its noble objectives, Pakistan has repeatedly violated the spirit and letter of the Simla Agreement over the decades. It breached the ceasefire on multiple occasions, attempted to annex Indian positions during the Kargil conflict in 1999, and continued to sponsor non-state actors to undermine India’s sovereignty.

Since 2019, after India abrogated Article 370 of its Constitution — which granted special status to Jammu and Kashmir — Pakistan has claimed that India, too, violated the terms of the Simla Agreement.

In reality, for all intents and purposes, the Simla Agreement had been effectively dead for a long time. Even the ongoing suspension of talks between the two countries can be viewed as a violation of the treaty’s spirit. Pakistan’s recent formal suspension of the Simla Agreement signifies that it no longer recognises the Line of Control (LoC) as established in 1972.

It is also important to note that the Simla Agreement did not create legally binding obligations under international law. It lacks provisions for dispute resolution in case of violations, making enforcement difficult and rendering the agreement more symbolic than enforceable.

Simla Suspension: What’s Next?

The suspension of the Simla Agreement may not trigger immediate tactical consequences. However, it could open the door to increased diplomatic tensions and military brinkmanship. The move risks undermining regional stability and could derail any remaining prospects for dialogue between India and Pakistan.