Inter-Dominion Agreement For Preventing Mass Exodus Of Minorities
December 14, 1948.

This agreement between India and Pakistan is aimed at discouraging mass exodus of minorities from either country. It guarantees equal rights to the minorities like those enjoyed by the members of the majority community. Propaganda against the other dominion to be avoided. Watchdog committees are to be set up to implement the provision of the agreement.

Extracts from the agreement reached at the Inter-Dominion Conference held at New Delhi from 6^th to 14^th December 1948.

Whereas the Governments of the two Dominions agree that mass exodus of minorities is not in the interest of either Dominion and they are determined to take every possible step to discourage such exodus and to create such conditions as would check mass exodus in either direction and would encourage and facilitate, as far as possible, return of evacuees to their ancestral homes, the two Dominions agree as follows:

SECTION I

1.      The responsibility for protecting the lives and property of the minority communities and for ensuring that they receive justice and that their civic rights are fully safeguarded rests on the Government of the Dominion in which the minorities reside. The allegiance and loyalty of the minorities are to the State of which they are citizens and it is therefore their right and duty to have their grievances redressed by the Government of their own State. Leaders in each Dominion should make public declarations to this effect at every suitable opportunity as part of the implementation of the provisions of the Agreement.

2.       (i)  In Pakistan and in India every citizen shall have equal rights, opportunities, privileges and obligations; and there shall be no discrimination against the minorities whose cultural and religious rights shall be fully safeguarded.

Note: "Cultural" rights include "educational" rights.

 (ii) Where direct recruitment is made otherwise than by open competition, minorities shall be given fair representation in the services.

3.      Any propaganda for the amalgamation of Pakistan and India or of portions thereof including East Bengal on the one hand and West Bengal or Assam or Cooch Behar or Tripura on the other, shall be discouraged.

Note:- The word "propaganda" shall be taken as including any organisation which might be set up for the purpose.

4.      (i) Both Governments recognise that the whole-hearted cooperation of the Press is essential for creating a better atmosphere and therefore agree that every effort should be made, in consultation with the representatives of the Press, wherever possible, to ensure that the Press in each Dominion does not

(a)      Indulge in propaganda against the other Dominion,

(b)      Publish exaggerated versions of news of a character likely to inflame, or cause fear or alarm to, the population or a section of the population in either Dominion, and

(c)      Publish material likely to be construed as advocating a declaration of war by one Dominion against the other Dominion or suggesting the inevitability of war between the two Dominions.

(ii) An Inter-Dominion Information Consultative Committee should be set up to meet once in two months, or more frequently if necessary, alternately in Delhi and Karachi and keep under review the activities of --

(a)      The press,

(b)      Books, pamphlets and publications,

(c)      Broadcasting, and

(d)      Films.

This committee shall have an equal number of representatives from either Dominion consisting of one Minister from each Dominion, and not more than two Government officers and two representatives of the Press of each Dominion. The subjects listed under (b), (c) and (d) shall be dealt with only by the official members of the Committee.

(iii) Both Governments shall ensure that their respective organisations handling publicity, including publicity through the radio and the film, refrain from and control 

(a)      Propaganda against the other Dominion, and

(b)      Publication of exaggerated versions of news of a character likely to inflame, or cause fear or alarm to, the population or any section of the population in either Dominion.

5.      Complaints from minorities in both the Dominions, that action is not taken on their reports against oppression or unfair treatment, should be promptly and fairly looked into and early remedial measures taken.

6.      Both in East Bengal and West Bengal there shall be set up before the 15^th of February 1949, a Provincial Minorities Board and under the Provincial Board, District Minorities Boards for the express object of protecting the interests of the minorities, removing fear from their minds and inspiring confidence in them. These Boards shall ensure that the grievances of the minorities are promptly brought to the notice of the authorities and that they are satisfactorily and promptly dealt with.

It is suggested that the Provincial Minorities Board and the District Minorities Boards should each be composed of five members, three of whom at least should belong to the major minority community to be selected by the members of the Provincial Legislature belonging to the minority communities. The remaining two shall be persons of influence and shall be nominated by the Provincial Government. The District Magistrate shall be the Chairman of the District Minorities Board and a Minister to be nominated by the Provincial Government shall be the Chairman of the Provincial Board.

7.      The two Dominions and their Provincial Governments shall declare and make it widely known to their officers and other employees that any Government servant proved to have been guilty either of dereliction of duty in protecting the lives and properties of the members of the minority community or of directly or indirectly ill-treating the members of the minority community or showing prejudice against the minority community in the discharge of his duties, shall receive exemplary and deterrent punishment and such punishment shall be given full publicity in each Dominion.

8.      Severe action shall be taken against any person or group of persons creating or attempting to create any apprehension or fear of insecurity or alarm in the minds of the minority communities.

9.      (i) The two Dominions shall take adequate steps—

(a)      To remove complaints regarding discrimination in the grant of export and import licenses and railway priorities to members of the minority community as such; and

(b)      To curb all tendencies towards an economic boycott of minorities or strangulation of their normal economic life.

(ii) The two Dominion Governments shall request their respective Provincial Governments to observe the same principles in their own sphere.

10.  (i) The Governments of East Bengal and West Bengal will promote legislation providing for the setting up of Evacuee Property Management Boards in districts or areas from where a substantial exodus has taken place. These Boards will assume management of properties only on the definite request of their owners. Their functions will be of a managerial character and they will not have the power to alienate the property entrusted to them for management. These Boards shall be composed of members of the minority community.

Note:- "Evacuee" shall be defined as a person who has left the Province in question on or after 1^st June 1947 and who declares his intention to return as soon as normal conditions are restored to the satisfaction of the two Governments.

(ii) The two Chief Secretaries of East and West Bengal should meet at an early date to finalise the proposals for necessary legislation. The Governments of East and West Bengal will legislate by the 31^st January 1949 for the setting up of an Evacuee Property Management Board in every district or area of their respective Provinces referred to in sub-clause (i). These Boards should be set up as soon thereafter as possible.

SECTION II

1.      In order to ensure the smooth working of this Agreement in so far as they are concerned, the Chief Secretaries of the two Provinces, viz., East Bengal and West Bengal shall meet at least once a month. Whenever matters concerning Assam, Cooch Behar and Tripura are likely to be discussed, the Chief Secretary, West Bengal, shall arrange for their representatives to be present.

The Premiers of the two Provinces of East Bengal and West Bengal, or their nominees, shall meet not less than once in two months for the same purpose.

2.      (i) Each Dominion should set up an organisation at the Center to watch the implementing of the agreements reached and to bring up cases of breaches. It will be the responsibility of each Dominion to ensure that its Provincial Governments and acceding States carry out these agreements in so far as they are concerned. If a Province or a State for any reason considers that an agreement or any part of it should not be implemented, it should report the matter to its Dominion Government who should bring up the matter at the monthly Inter-Dominion meeting referred to in (ii) below

(ii) All such cases of breaches or non-implementation or possible modifications arising out of the experience of the arrangements made should be discussed at monthly meetings to be held at the Dominion Minister level alternately at Delhi and Karachi.

(iii) Each Dominion should nominate a Minister who for the next few months would be responsible for this work and who will attend those meetings.

(iv) All outstanding matters and such new matters as may arise from day to day relating to East Punjab, East Punjab States including Alwar and Bharatpur on the one side, and West Pakistan including acceding States on the other, will also be brought up for discussion and settlement at these meetings.

3.      The question of migration of Muslims from East Bengal to Assam and the migration of Muslims who have been in Assam prior to Partition into East Bengal shall also be dealt with at the Inter-Dominion meetings at the Minister level provided in paragraph 2 (ii) above.

4.      It is agreed that if any criminal proceedings have been started in any of the two provinces of East and West Bengal, by the Government of the Province against Government servants of the other Province in respect of matters arising in course of execution of their duties, such proceedings should be withdrawn and the Government servants concerned, if taken into custody, should be released simultaneously in the two Provinces on a date not later than the 31^st January 1949.

5.      In regard to migration to East Bengal from India and to West Bengal from Pakistan, the Government of each of the two Dominions and the Governments of the two Provinces of East Bengal and West Bengal should by implementing this Agreement create as early as possible conditions which would remove fear from and infuse confidence into the minds of those citizens who have migrated to the other Dominion and should instruct the Deputy High Commissioner (located in East or West Bengal according as the migration has been from India to Pakistan or from Pakistan to India) to make it known amongst evacuees there and to render to them all possible assistance so as to enable them to return to their original homes, lands and occupations. The Government of the Province to which migration has taken place should give all facilities and assistance to the Deputy High Commissioner and to the evacuees. 

SECTION III

1.      On receipt from Pakistan of relevant data relating to exodus on a large scale from areas in India other than West Bengal, Assam, Cooch Behar, Tripura, East Punjab, East Punjab States, Bharatpur and Alwar, another Inter-Dominion Conference should be ca1led to consider action on the lines similar to those proposed above or on any suitable lines in respect of :-

(a) Protection and other safeguards for the property of refugees who have gone out from one Dominion to the other temporarily or otherwise; and

(b) Creation of conditions in any affected area which will reassure the minorities that their interests and rights are fully safeguarded and will prevent exodus or will induce evacuees to return to their homes.