New Delhi (ABC Live) : Indo Bhutanese Friendship Treaty : India and the Himalayan Kingdom of Bhutan have been traditionally close relations a ‘special relationship making Bhutan a protected state, but not a protectorate, of India.
Doklam is a disputed territory claimed by both Bhutan and China. Doklam is situated roughly 15 kilometers southeast of the Nathu La pass that connects India and Tibet and about 30 kilometers southwest of the Dramana Chhu (river) area often shown (Google Maps, World Factbook map on this page) as disputed between Bhutan and China.
As per Article 2 of Indo Bhutanese Friendship Treaty 1949 signed on August 8, 1949 says that, “The Government of India undertakes to exercise no interference in the internal administration of Bhutan. On its part the Government of Bhutan agrees to be guided by the advice of the Government of India in regard to its external relations.” Which thereof means that as an issue of territorial jurisdiction over Doklam area involves its external relations thus Bhutan shall be guided by advice of India as it has agreed in Indo Bhutanese Friendship Treaty 1949 this validates the action of India In Doklam by defending the territorial jurisdiction of Bhtan.
On August 8, 1949 Bhutan and India signed the Indo Bhutanese Friendship Treaty in which Bhutan agreed to let India “guide” its foreign policy and both nations would consult each other closely on foreign and defence affairs.
The Indo Bhutanese Friendship Treaty also established free trade and extradition protocols, The occupation of Tibet by Communist led China brought both nations even closer. In 1958, the then-Indian Prime Minister Jawaharlal Nehru visited Bhutan and reiterated India’s support for Bhutan’s independence and later declared in the Indian Parliament that any aggression against Bhutan would be seen as aggression against India.
Following the Indo Bhutanese Friendship Treaty 1949 Which Says as under,
“THE Government of India on the one part and His Highness the Druk Gyalpo’s Government on the other part, equally animated by the desire to regulate in a friendly manner and upon a solid and durable basis the stage of affairs caused by the termination of the British Government’s authority in India. and to promote and foster the relations of friendship and neighbourliness so necessary for the well-being of their peoples. have resolved to conclude the following treaty, and have, for this purpose named their representatives.
There shall he perpetual peace and friendship between the Government of India and the Government of Bhutan.
The Government of India undertakes to exercise no interference in the internal administration of Bhutan. On its part the Government of Bhutan agrees to be guided by the advice of the Government of India in regard to its external relations.
In place of the compensation granted to the Government of Bhutan under Article 4 of the treaty of Sinchula and enhanced by the Treaty of the 8th day of January 1910 and the temporary subsidy of Rupees one lakh per annum granted in 1942, the Government of India agrees to make an annual payment of Rupees five lakhs to the Government of Bhutan. And it is further hereby agreed that the said annual payment shall be made on the day of January every year, the first payment being made on the 10th day of January, 1950. This payment shall continue to long as this treaty remains in force and its terms arc duly observed.
Further to mark the friendship existing and continuing between the said Governments, the Government of India shall. Within one year from the date of signature of this treaty, return to the Government of Bhutan about 32 square miles of territory in the area known as Dewangiri. The Government of India shall appoint a competent officer or officers to mark out the area so returned to the Government of Bhutan.
There shall, as heretofore, be free trade and commerce between the territories of the Government of India and of the Government of Bhutan; and the Government of India agrees to grant the Government of Bhutan every facility for the carriage, by land and water, of its produce throughout the territory of the Government of India, including the right to use such forest roads as may be specified by mutual agreement from time to time.
The Government of India agrees that the Government of Bhutan shall be free to import with the assistance and approval of the Government of India, from or through India into Bhutan, whatever arms, ammunition, machinery, warlike material or stores may be required or desired for the strength and welfare of Bhutan, and that this arrangement shall hold good for all time as long as the Government of India is satisfied that the intentions of the Government of Bhutan are friendly and that there Is no danger to India from such importations. The Government Of Bhutan. On the other hand, agrees that there shall he no export of such arms, ammunition etc., across the frontier of Bhutan either by the Government of Bhutan or by private Individuals.
The Government of India and the Government of Bhutan agree that Bhutanese subjects residing in Indian territories shall have equal justice with Indian subjects, and that Indian subjects residing in Bhutan shall have equal Justice with the subjects of the Government of Bhutan.
(1)The Government of Indian shall. on demand being duly made in writing by tile Government of Bhutan, take proceedings in accordance with the provisions of the Indian Extradition Act. 19031 (of which a copy shall be furnished to the Government of Bhutan), for the surrender of all Bhutanese subjects accused of any of the crimes specified in the first schedule of the said Act who may take refuge in Indian territory.
(2)The Government of Bhutan shall. on requisition being duly made by the Government of India. or by any officer authorised by file Government of India in this behalf, surrender any Indian subjects. or subjects of a foreign power. whose extradition may be required in pursuance of any agreement or arrangements made by the Government of India with the said power, accused of any of the crimes, specified in the first schedule of Act XV of 1903. who may take refuge in the territory under the jurisdiction of the Government of Bhutan. and also any Bhutanese subjects who, after committing any of the crimes referred to in Indian territory shall flee into Bhutan. on such evidence of their guilt being produced an shall satisfy the local court of the district in which the offence may have been committed.
Arty differences avid disputes arising in the application or interpretation of this treaty shall in the first instance be settled by negotiation. If within three months of the start of negotiations no settlement in arrived at, then the matter shall be referred to the arbitration of three arbitrators, who shall be nationals of either India or Bhutan, chosen in the following manner:-
(1)One Person nominated by the Government of India
(2)One person nominated by the Government of Bhutan;
(3)A Judge of the Federal Court, or of a High court in India. to be chosen by the Government of Bhutan, who shall be chairman.
The judgment of this tribunal shall be final and executed without delay by either party.
This treaty shall continue in force in perpetuity unless terminated or modified by mutual consent.
Done in Duplicate at Darjeeling this 8th day of August, 1949, corresponding with the Bhutanese date the 15th day of the 6th month of the Earth-Bull year.
For the Government of India:
HARISHWAR DAYAL, Political Officer in Sikkim.
For the Government of H. H. the Maharaja of Bhutan:
DEB ZIMPON SONAM TOBGVE DORJI YANG-LOP SONAM CHHO-ZIM THONDUP RIN-ZIM TANDIN HA DRUNG JIGMIE PALDEN DORJI”