India-Pak bilateral pacts under lens as Pahalgam attack puts strain on ties

Pakistan’s deputy prime minister Ishaq Dar, who is also the foreign minister, described the measures announced by India, including the suspension of the Indus Waters Treaty of 1960, as “unilateral” and “unacceptable”, and said: “If there is any type of disruption Pakistan will take action. We can consider holding in abeyance [the] Simla [Agreement] and other bilateral treaties.”

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Sharat Sabharwal, who was India’s envoy to Islamabad during 2009-2013, said Pakistan’s move could impact a wide range of bilateral treaties and understandings, ranging from a 1988 agreement prohibiting attacks on nuclear installations to a hotline between the Directors General of Military Operations, and a 1999 agreement on pre-notification of ballistic missile tests.

While the Simla Agreement – which states the two countries will settle all differences, including on Kashmir, through bilateral negotiations – is one of the most important of these treaties, Sabharwal pointed out that Pakistan had not abided by it in the past. “When have they adhered to it? They have always run to the US and the UN seeking mediation,” he said.

However, Sabharwal said the treaties and understandings, especially military and security confidence-building measures (CBMs), have served a purpose and helped both countries. “Since India suspended the Indus Waters Treaty, Pakistan had to respond. We have to see how things pan out but I don’t see how Pakistan will go ahead with this,” he said.

Here’s a look at some of the key bilateral agreements that are under the scanner following Pakistan’s statement:

Simla Agreement: Signed by Prime Minister Indira Gandhi and President Zulfiqar Ali Bhutan after India’s emphatic victory in the 1971 war that led to the emergence of Bangladesh, the treaty committed the two sides to resolving all differences through bilateral negotiations and peaceful means, peaceful co-existence, respect for territorial integrity and non-interference in internal affairs.

Experts noted that Pakistan’s decision on Thursday to close its airspace to Indian airliners and to suspend all trade goes against the spirit of the Simla Agreement, which states the two sides will progressively normalise ties by resuming air links and overflights and resume trade and economic cooperation. Pakistan has argued that India violated the agreement when it scrapped the special status of Jammu and Kashmir in 2019.

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Sabharwal noted that suspending the Simla Agreement would mean Pakistan would no longer respect the sanctity of the Line of Control (LoC), the 742-km military control line established after the 1971 war, leaving open a similar course of action for India. In 2021, the two sides revived a ceasefire on the LoC that has largely held, barring some incidents of firing. The Simla Agreement enjoins both countries from unilaterally altering or using force at the LoC.

Lahore Declaration: Signed in 1999 amid the euphoria of Prime Minister Atal Bihari Vajpayee’s visit to the Pakistani city of Lahore for talks with Prime Minister Nawaz Sharif, the Lahore Declaration came under a cloud when regular Pakistani troops occupied strategic heights in Kargil sector of the LoC barely months later, triggering a major conflict.

The declaration spoke of a vision of peace and stability between the two countries and the resolution of all outstanding issues, including Jammu and Kashmir, to ensure an environment of peace and security, and committed both sides to intensify efforts to resolve all issues, refrain from interference in each other’s internal affairs, and intensify the composite dialogue process for an early and positive outcome. It also committed the two sides to discuss concepts and doctrines for confidence-building in the nuclear and conventional fields in order to prevent conflict.

Agreement on prohibition of attacks on nuclear installations and facilities: This agreement signed by the foreign secretaries in 1988 commits the two sides to refrain from undertaking or participating in any action “aimed at causing the destruction of, or damage to, any nuclear installation or facility”, including nuclear power and research reactors, and fuel fabrication, uranium enrichment, isotopes separation and reprocessing facilities. Under the agreement, both sides have exchanged lists of nuclear installations or facilities that cannot be attacked on January 1 every year since 1992. The 34th consecutive exchange of lists was done this year.

Agreement on prevention of airspace violations: This agreement finalised in 1991 states that combat aircraft, including fighters, bombers, reconnaissance aircraft, and armed helicopters, will not fly within 10 km of each other’s airspace, including the air defence identification zone (ADIZ). In order to avoid tension, both sides have to give prior notice of air exercises or any “special air activity” being undertaken close to each other’s airspace.

Agreement on prenotification of flight testing of ballistic missiles: This agreement signed in 2005 requires both sides to provide advance notification of the flight testing of land- or sea-launched, surface-to-surface ballistic missiles, and to ensure that the test launch site does not fall within 40 km, and the planned impact area does not fall within 75 km, of the international boundary or the LoC.

Agreement on reducing the risk from accidents relating to nuclear weapons: Under this agreement finalised in 2007, both sides recognised that the nuclear dimension of their security environment “adds to their responsibility for avoidance of conflict” and committed them to maintaining and improving national measures, including organisational and technical arrangements, to guard against accidents related to nuclear weapons. The agreement requires both sides to notify each other immediately of any accident related to nuclear weapons which “could create the risk of a radioactive fallout...or create the risk of an outbreak of a nuclear war”.

Agreement on advance notice on military exercises, manoeuvres and troop movements: This pact signed in 1991 states the land, naval and air forces of both sides will avoid holding major military exercises in close proximity to each other, and in case of any exercises held within distances prescribed in the agreement, the “strategic direction of the main force being exercised will not be towards the other side”. The agreement also lays down the size of formations participating in an exercise that will be deemed a “major military exercise”. WHICH IS WHAT

Nehru-Liaquat Agreement: Signed by Prime Minister Jawaharlal Nehru and Prime Minister Liaquat Ali Khan in 1950, the treaty committed both countries to ensuring complete equality of citizenship and a full sense of security to minorities, and freedom of occupation, speech and worship. The agreement committed the two sides to not permit propaganda directed against the territorial integrity of either country or purporting to incite war between them.

Protocol on visits to religious shrines: This agreement signed in 1974 lays down the principles for visits to religious shrines in both countries “without discrimination as to religion or sect”. Hundreds of Hindus and Sikhs travel to Pakistan every year to visit temples and key sites associated with Guru Nanak, the founder of the Sikh religion, including his birthplace at Nankana Sahib. Hundreds of Pakistanis also visit dargahs or Sufi shrines in India such as Nizamuddin and Ajmer Sharif Dargah.