There is no
commonly delineated Line of Actual Control (LAC) between India and China. There
are areas along the border where India and China have differing perceptions of
the LAC. Due to both sides undertaking patrolling upto
their respective perceptions of the LAC, transgressions do occur. Government regularly takes up any
transgression with the Chinese side through established mechanisms.
Both countries
signed a Border Defence Cooperation Agreement on 23rd October, 2013,
seeking to facilitate ways and means to implement border defence cooperation;
measures to facilitate contacts and to enhance understanding and cooperation
between the border defence forces as well as procedures to be followed where
there is no common understanding of the Line of Actual Control. The Agreement
strengthens maintenance of stability on the border and adds to existing
instruments to ensure peace and stability on our borders.
Government takes
adequate measures to safeguard the sovereignty, territorial integrity and
security of India by reviewing the threat perception from time to time, and
takes appropriate steps to meet the threats.
Agreement is as
under:-
AGREEMENT BETWEEN THE GOVERNMENT OF THE
REPUBLIC OF INDIA AND THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA ON
BORDER DEFENCE COOPERATION
The Government of the Republic of India
and the Government of the People’s Republic of China (hereinafter referred to
as the two sides)
Firmly believing that the India-China
Strategic and Cooperative Partnership for Peace and Prosperity serves the
fundamental interests of the people of the two countries,
Reiterating that neither side shall use its
military capability against the other side and that their respective military strengths
shall not be used to attack the other side
Reaffirming that neither side shall use or
threaten to use force against the other side by any means nor seek unilateral
superiority,
Having accepted the principle of mutual and
equal security,
Acknowledging the need to continue to
maintain peace, stability and tranquility along the
line of actual control in the India-China border areas and to continue
implementing confidence building measures in the military field along the line
of actual control,
Recognizing the importance of
materializing the spirit of the Agreement between the Government of the
Republic of India and Government of the People’s Republic of china on the
Maintenance of Peace and Tranquility Along the Line
of Actual Control in the India-China border Areas signed on 7th
September 1993, the Agreement between the Government of the Republic of India
and the Government of the People’s Republic of China on Confidence Building
Measures in the Military Field Along the Line of Actual Control in the India-China
Border Areas signed on 29th November 1996, the Protocol between the government
of the Republic of India and the government of the People’s Republic of China
on Modalities for the Implementation of Confidence Building Measures in the
Military Field Along the Line of Actual Control in India–China border Areas
signed on 11th April 2005 and the Agreement between the Government of the Republic of India and the Government of the People’s
Republic of China on the Establishment of a Working Mechanism for Consultation
and Coordination on India-China Border Affairs signed on 17th
January 2012, have agreed as follows:
Article I
The two sides shall carry out border defence cooperation on the basis of their respective laws
and relevant bilateral agreements.
Article II
The two sides shall implement border defence
cooperation in the following ways:
1.
Exchange information-including information
about military exercises, aircrafts, demolition operations and unmarked mines
and take consequent measures conducive to the maintenance of peace, stability
and tranquility along the line of actual control in the India-China border
areas,
2.
Jointly combat smuggling of arms, wildlife,
wildlife articles and other contrabands;
3.
Assist the other side in locating personnel,
livestock, means of transport and aerial vehicles that may have crossed or are
possibly in the process of crossing the line of actual control in the
India-China border areas,
4.
Work with the other side in combating natural
disasters or infectious diseases that may affect or spread to the other side,
5.
Any other way mutually agreed upon by the two
sides
Article III
Border deference cooperation visualized in this agreement shall be
implemented through the following mechanisms:
- Flag meeting or border personnel meeting at designated
places along the line of actual control in the India-China border areas.
- Periodic meeting between officers of the relevant
Military Regions of China and Army Commands of India and between
departments responsible for military operations.
- Periodic meeting of the representatives of the
Ministry of Defence of the Government of India
and the Ministry of National Defence of the
People’s Republic of China.
- Meeting of the Working Mechanism for Consultation
and Coordination on India-China Border Affairs.
- Meeting of India-China Annual Defence
Dialogue.
Article IV
In implementing border
defence cooperation and to facilitate contacts and meetings between relevant
organizations, the two sides may establish Border Personnel Meeting sites in
all sectors, as well as telephone contacts and telecommunication links at
mutually agreed locations along the line of actual control. The two sides may
also consider establishing a Hotline between the military headquarters of the
two countries. Specific arrangements shall be decided upon through mutual
consultation between the two sides.
Article V
In order to enhance
understanding and cooperation between the border defence forces of the two
sides, each side may invite the other side for joint celebrations on major
national or military days or festivals and organize cultural activities,
non-contact sports events and small scale tactical exercises along the line of
actual control in the India-China border areas. In addition, the two sides may
also conduct joint military training exercises, at Army level, in each other’s
country on a regular basis. The theme of such joint exercises will be decided
through mutual consultations.
Article VI
The two sides agree that
they shall not follow or tail patrols of the other side in areas where there is
no common understanding of the line of actual control in the India-China border
areas.
Article VII
In case a doubtful
situation arises with reference to any activity by either side in border areas
where there is no common understanding of the line of actual control, either
side has the right to seek a clarification from the other side. In such cases,
the clarification shall be sought and replies to them shall be conveyed through
any of the mechanisms established under Article III of this Agreement.
Article VIII
The two sides agree that
if the border defence forces of the two sides come to a face-to-face situation
in areas where there is no common understanding of the line of actual control,
both sides shall exercise maximum self-restraint, refrain from any provocative
actions, not use force or threaten to use force against the other side, treat
each other with courtesy and prevent exchange of fire or armed conflict.
Article IX
The two sides shall
implement this Agreement without prejudice to their respective positions on the
alignment of the line of actual control as well as on the boundary question.
Article X
This Agreement shall come
into force on the date of its signature. It may be revised, amended or
terminated with the consent of the two sides. Any revision or amendment,
mutually agreed by the two sides, shall form an integral part of this
Agreement.
Signed
in duplicate in Hindi, Chinese and English languages at Beijing on 23rd
day of October month of 2013, all three versions being equally authentic. In case of divergence,
the English text shall prevail.
Sd/-
Sd/-
For the Government of Republic of For the Government of the People’s
India
Republic of China
This information was given by Defence
Minister Shri AK Antony in a written reply to Shri Maheshwar Hazari and others in Lok Sabha today.
VP/HH