Why in News
India served a formal notice under Article XII(3) of the Indus Waters Treaty (IWT), signaling concerns over meeting its growing domestic water needs sustainably.
Cross-border terrorism in Jammu and Kashmir is also impacting the smooth functioning of the treaty, preventing India from fully utilizing its water rights.
Indus Water Treaty
India and Pakistan signed the IWT in September, 1960 after nine years of negotiations, with the World Bank being a signatory to the pact.
The treaty sets out a mechanism for cooperation and information exchange between the two sides on the use of the water of the Indus River and its five tributaries Sutlej, Beas, Ravi, Jhelum, and Chenab.
It allocated the three western rivers—Indus, Chenab and Jhelum—to Pakistan for unrestricted use, barring certain non-consumptive, agricultural and domestic uses by India
And the three Eastern rivers—Ravi, Beas and Sutlej—were allocated to India for unrestricted usage.
This means that 80% of the share of water went to Pakistan, while leaving the rest 20% of water for use by India.
It also required both the countries to establish a Permanent Indus Commission (PIC) constituted by permanent commissioners on both sides.
Commissioners of both countries are mandated to meet every year, and sometimes have met multiple times in a year, to discuss and resolve differences on the sharing of river water and construction of hydel projects.
The IWT provides a three-step dispute resolution mechanism under Article IX of the Indus Waters Treaty, under which :
“questions” on both sides can be resolved at the Permanent Commission, or can also be taken up at the inter-government level
In case of unresolved questions or “differences” between the countries on water-sharing, such as technical differences, either side can approach the World Bank to appoint a Neutral Expert (NE) to come to a decision.
And eventually, if either party is not satisfied with the NE’s decision or in case of “disputes” in the interpretation and extent of the treaty, matters can be referred to a Court of Arbitration.
Article XII on Treaty
Article XII allows modifications of the treaty, but with high thresholds: a treaty must be ratified by both governments for any changes.
India’s request for modifications under this article highlights the need for adaptation to current realities, including climate change, population growth, and security issues.
Challenges
India, as the upper riparian, seeks to maximize water use for hydropower and other needs.
Pakistan, as the lower riparian, focuses on ensuring uninterrupted water flow.
India has hydropower projects on western rivers, but must maintain minimum flow as per international rulings.
Managing water use while ensuring minimum flow for both countries is a complex challenge.
The treaty’s division of rivers is historically based (Partition), making integrated water management difficult.
Both countries are obligated under customary international law to avoid significant harm to each other’s water rights (e.g., through environmental impact assessments for projects).
Climate change is reducing the water flow from glaciers, with a 30%-40% decrease expected, further complicating water management.
Way Forward
Article VII allows both nations to cooperate on joint engineering projects. These projects could help mitigate the impact of climate change and address water variability.
Formal negotiations could lead to a MoU or other cooperative frameworks to address evolving issues while using the IWT as a basis for future collaboration.
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