Re-evaluation of the Indus Waters Treaty

Context:

India has recently issued a new formal notification to Pakistan with the intention of reviewing and possibly modifying the longstanding Indus Waters Treaty (IWT). This move follows a similar outreach from January 2023. The specific invocation of Article XII (3) within this latest notice indicates a clear intention by India to reexamine, and possibly amend, this 64-year-old agreement. This provision within the treaty allows for modifications only through a mutually ratified agreement between both nations, suggesting a diplomatic pathway forward for renegotiation.

Relevance:

GS-II: International Relations (India and its Neighborhood, International Treaties, Policies and Agreements affecting India’s Interests)

Dimensions of the Article:

1. India Seeks Reassessment of the Indus Waters Treaty
2. About the Indus Waters Treaty (IWT)
3. Indus River Basin

India Seeks Reassessment of the Indus Waters Treaty

• Background on the Demand:
  • Due to substantial and unforeseen shifts in circumstances, India has formally requested Pakistan to review the Indus Waters Treaty.
  • Persistent cross-border terrorism has also been mentioned as a significant reason for this reevaluation.
  • The formal notice emphasizes the need to reconsider the treaty’s obligations due to these unforeseen changes.
  • In January 2023, India had previously sent a notice to Pakistan seeking amendments to the treaty established in 1960.
• Justifications for the Renegotiation:
  • The request is grounded on “fundamental and unforeseen changes in circumstances,” necessitating a fresh evaluation of the treaty.
  • Issues prompting this include demographic shifts, environmental concerns, the pursuit of sustainable energy solutions to meet emission targets, and ongoing cross-border terrorism.
  • The appeal also addresses controversies surrounding two hydroelectric projects in Jammu & Kashmir—Kishanganga and Ratle—which are alleged by Pakistan to breach the treaty terms. These projects operate as run-of-the-river schemes, generating electricity without hindering the river’s flow.
• Catalysts for the January 2023 Notice:
  • The latest notice follows Pakistan’s objections to the aforementioned Indian hydroelectric initiatives.
  • Initially, Pakistan requested a “Neutral Expert” to mediate, but subsequently called for intervention by the Permanent Court of Arbitration (PCA).
  • India challenged this move as it deviates from the treaty’s stipulated conflict resolution process, which progresses from the Indus Commissioners to a Neutral Expert, and to the PCA as required.
  • The World Bank had paused the dual arbitration processes in 2016, advocating for a bilateral resolution.
  • Despite India’s efforts to engage from 2017 to 2022, no discussions took place, leading the World Bank in 2022 to resume both the Neutral Expert and PCA procedures, marking the first such initiative in over six decades.

About the Indus Waters Treaty (IWT)

• The Indus Waters Treaty is a water-distribution treaty between India and Pakistan, brokered by the World Bank, to use the water available in the Indus River and its tributaries.
• The Indus Waters Treaty (IWT) was signed in Karachi in 1960.
• The Treaty gives control over the waters of the three “eastern rivers” — the Beas, Ravi and Sutlej to India, while control over the waters of the three “western rivers” — the Indus, Chenab and Jhelum to Pakistan.
• India was allocated about 16% of the total water carried by the Indus system while Pakistan was allocated the remainder.
• The treaty allows India to use the Western River waters (the ones in Pakistan’s control) for limited irrigation use and unlimited non-consumptive use for such applications as power generation, navigation, floating of property, fish culture, etc.
• It lays down detailed regulations for India in building projects over the western rivers.
• The preamble of the treaty recognises the rights and obligations of each country in the optimum use of water from the Indus system in a spirit of goodwill, friendship and cooperation.

Indus River Basin

• The Indus River (also called the Sindhū) is one of the longest rivers in Asia and the longest river of Pakistan.
• It flows through China (western Tibet), India (Ladakh) and Pakistan.
• Its estimated annual flow is estimated to be twice that of the Nile River making it one of the largest rivers in the world in terms of annual flow.
• The Zanskar river is its left bank tributary in Ladakh.
• In the plains, its left bank tributary is the Panjnad which itself has five major tributaries, namely, the Chenab, Jhelum, the Ravi, the Beas, and the Sutlej.
• Its principal right bank tributaries are the Shyok, the Gilgit, the Kabul, the Gomal, and the Kurram.

-Source: Indian Express