The 1972 Treaty That Defines How India, Pak Talk To Each Other

The Shimla Agreement committed both countries to resolving their disputes, including Kashmir, through direct negotiation.

Advertisement
Read Time: 4 mins
In many ways, Shimla only happened because of how badly the 1971 war had gone for Pakistan.
New Delhi:

On July 2, 1972, in the hill town of Shimla, Indira Gandhi and Zulfikar Ali Bhutto sat down and signed an agreement that would go on to define, for decades, how India and Pakistan were allowed to talk to each other. Or rather, who they were allowed to talk to.

The Shimla Agreement committed both countries to resolving their disputes, including Kashmir, through direct negotiation between themselves. It marked a clean break from the UN-driven process that had shaped the Kashmir question since 1948.

The wording was chosen with care, as these things always are. Both governments declared themselves resolved to settle their differences by peaceful means through bilateral negotiations, or through any other peaceful means both sides might mutually agree upon. On paper, that last bit leaves the door open a crack. In practice, it's the line India has leaned on for fifty years to keep outsiders out of the room.

Elsewhere, the agreement dealt with the messier, more immediate question of the ceasefire line drawn on 17 December 1971. Both sides agreed to respect it, without giving up their own underlying claims, and neither would try to move it by force. That new line quietly put the old 1949 Ceasefire Line, the one fixed under the Karachi Agreement, out to pasture, replacing it with something that actually reflected where the two armies stood after the war.

Advertisement

Not A Victor's Deal

In many ways, Shimla only happened because of how badly the war had gone for Pakistan. India had come out of the 1971 conflict with some 93,000 Pakistani soldiers and civilians as prisoners, and East Pakistan had broken away entirely to become Bangladesh. And yet Shimla wasn't a settlement written by the victor to punish the loser.

India handed back more than 13,000 square kilometres of Pakistani territory it had captured in the fighting, keeping only a small number of points it considered strategically important. Bhutto signed the agreement as President. It would be another year, once Pakistan's 1973 Constitution came into effect, before he became Prime Minister.

Advertisement

Pakistan signed Shimla in its own right, no question, and India's Ministry of External Affairs has, ever since 1972, treated the bilateral clause as having quietly retired the older UN-centred process built around the 1948 and 1949 UNCIP resolutions. It's the line New Delhi falls back on every time the UN, or any third party, gets floated as a possible mediator on Kashmir.

One thing Shimla never really settled, though, was what to do about the UN's own people on the ground. The UN Military Observer Group in India and Pakistan (UNMOGIP) had been keeping watch over the old ceasefire line since 1949. India's view, formed after 1972, is that UNMOGIP's mandate simply lapsed the moment that old line was replaced by the Line of Control.

Pakistan has never accepted that, and still routinely lodges ceasefire-violation complaints with UNMOGIP observers. The UN Secretary-General's office has said plainly that only the Security Council can actually terminate the mission, and since the Council has never done so, UNMOGIP has just carried on, more or less unchanged, this unresolved question hanging over it the whole time.

Pakistan Threat

Then came 2025, and something shifted. On 24 April, just days after India suspended the Indus Waters Treaty following the Pahalgam terror attack, Pakistan's National Security Committee, chaired by Prime Minister Shehbaz Sharif, announced it would hold all bilateral agreements with India in abeyance, Shimla among them.

Advertisement

A few weeks later, on 4 June, Defence Minister Khawaja Asif went noticeably further in a television interview, calling the agreement a dead document outright and saying Pakistan had reverted to its 1948 position on Kashmir. Barely a day passed before Pakistan's Foreign Office quietly walked it back, saying no formal decision had actually been made to revoke any bilateral agreement and that existing treaties remained in effect.

It's also worth noting that Shimla has no exit clause built into it at all, and Pakistan still hasn't sent India any formal notice of withdrawal through diplomatic channels since Asif made those comments.

Advertisement

India continues to insist the agreement stands, on the simple grounds that Pakistan has never actually left it through any recognised legal process, and that the bilateral commitment at the heart of Shimla still binds both countries, regardless of what one minister happens to say on air.

Featured Video Of The Day
Kangana Ranaut Calls CJP Protesters 'Generation Gutter', Triggers Fresh Row

Topics mentioned in this article