Context:

Recently, Pakistan has expressed optimism that India will adhere to the Indus Waters Treaty in a sincere manner. 

More on News:

• India has outlined that it cannot be compelled to participate in “illegal” proceedings at the Permanent Court of Arbitration over the Kishenganga and Ratle hydropower projects in Kashmir.
• India’s response came after the  tribunal ruled that it has the “competence” to consider the dispute between the countries on the matter.

Background:

• At the time of independence, the boundary line between Pakistan and India was drawn right across the Indus Basin, leaving Pakistan as the lower riparian. 
• A dispute thus arose between two countries regarding the utilisation of irrigation water from existing facilities. 
• After eight years of negotiations under the aegis of the World Bank, the Indus Water Treaty was signed at Karachi on 19 September 1960.

About Indus Waters Treaty:

• The Indus Waters Treaty (IWT) was signed by former Prime Minister Jawaharlal Nehru and then President of Pakistan, Ayub Khan in 1960.
• The treaty sets out a mechanism for cooperation between India-Pakistan over the Indus System of Rivers.

Salient Provisions of The Indus Water Treaty:

• Water Allocation: 
  • The three ‘western rivers’ (Indus, Jhelum and Chenab) went to Pakistan and the three ‘eastern rivers’ (Sutlej, Ravi and Beas) were portioned to India.
  • However, India is permitted to use the waters of the Western Rivers for:  Domestic Use,  Non-consumptive use,  Agricultural use as specified, Generation of hydro-electric power. 

Image Source: The Indian Express

• Establishment of Permanent Indus Commission: It established a Permanent Indus Commission which served as a forum for exchange of information on the rivers, for continued cooperation and as a first stop for resolution of conflicts.
• India’s Storage Right Over Western Rivers: India is allowed to have a minimum storage level on the western rivers – meaning it can store up to 3.75 MAF of water for conservation and flood storage purposes.
• Exit Provision: IWT does not have a unilateral exit provision and is supposed to remain in force unless both countries ratify another mutually agreed pact.
• A transition period of 10 years was permitted in which India was bound to supply water to Pakistan from Eastern Rivers. During this period Pakistan was required to build the necessary canal system for the utilisation of the waters of Jhelum, Chenab and the Indus itself, as allocated to it under the Treaty.

Dispute Resolution Mechanism under Indus Water Treaty:  

• Article 9 of the treaty outlines a dispute resolution process, breaking it down into three categories: question, differences and disputes.
• Step 1: Under it,  “questions” raised by both sides can be resolved at the Permanent Commission, or can also be taken up at the inter-government level. 
• Step 2: 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. 
• Step 3: 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.

Pakistan reservations over IWT:

• Kishenganga Hydro Electricity Project:
  • Under the treaty, India can construct  projects on the western water bodies such as Kishenganga Hydro Electricity Project (KHEP).
  • Pakistan had raised objections regarding the height of the dam, fearing it would mean increased water storage for India. 
• Rattle Hydroelectric Power Project: 
  • It is constructed on Chenab river by India.
  • Pakistan has repeatedly raised concerns over its design, insisting that India would use the project’s reservoir to create artificial water shortage or cause flooding in Pakistan.

Timeline: Brief Overview of Indus Waters Dispute

• 1948: India temporarily halted the supply of water in several canals that flowed into Pakistan but eventually restored the supply.
• 1951: Pakistan lodged accusations against India, alleging that it had disrupted the water supply of various villages of Pakistan.
• 1954: The World Bank proposed  a water-sharing formula for India- Pakistan. 
• 1960: Indus Waters Treaty Came into existence.
• 1970s: Pakistan expressed concerns after India initiated the construction of hydropower projects in Kashmir.
• 2008: Lashkar-e-Taiba initiated a campaign targeting India, with its leader Hafiz Saeed accusing India of engaging in water-related terrorism.
• 2016:  In the aftermath of the attack on J&K’s Uri army camp in 2016, the Indian Prime Minister had said, “Blood and water cannot flow simultaneously”.

Image Source: PTI

Challenges:

• Growing Demand of Water: As per observers, the Indus Water Treaty,  became a source of dissatisfaction between the two countries with growing demand for water.
• River Basin lies in the Conflicted Region: The western rivers flow through the conflicted region of Jammu and Kashmir.
• Terrorism:  In the aftermath of the attack on J&K’s Uri army camp in 2016, the Indian Prime Minister had said, “Blood and water cannot flow simultaneously”.
• Global Warming: Impact of global warming is impacting availability of water and that is making the ‘Rights versus Needs’ debate shriller. Regional climate change is reducing the flow in the rivers located in the IRB4.
• Credibility crisis for India upon Abrogation of IWT:  The unilateral abrogation of the IWT will definitely have a bearing on the credibility and as such on future negotiations

Implications of  unilateral  altering Status of IWT by India:

• If India started on a programme to hold back the Indus waters, the dams needed to do so would take decades to build.
• If India were to take actions that jeopardise Pakistan’s access to the Indus waters, it would likely face severe criticism from the international community. 
  • This is particularly significant as India presents itself as a responsible state seeking membership in prestigious organisations like the Nuclear Suppliers Group and the United Nations Security Council
• India acting provocatively against Pakistan with regard to the IWT might damage its relationship with other states with which India has signed water treaties, such as Bangladesh and Nepal.

Significance:

• International Recognition: IWT  is often cited as an example of the possibilities of peaceful coexistence that exist despite the troubled relationship. 
• Conflict Prevention: It provides a framework for resolving disputes through arbitration and helps maintain stability in the region by addressing potential sources of tension.

Way Forward:

• Dialogue and Cooperation: India and Pakistan should engage in regular communication and exchanges of information can help build trust and resolve issues amicably.
• Dispute Resolution Mechanism: Both countries should utilise the existing dispute resolution mechanisms outlined in the treaty, such as the Permanent Indus Commission.
• Technical Expertise: Utilising the expertise of water management professionals and experts can aid in effectively managing the shared water resources. 
• Environmental Considerations: Both India and Pakistan should consider sustainable water management practices, including the conservation and restoration of river ecosystems.
• Confidence-Building Measures: Implementing confidence-building measures  such as joint initiatives, information-sharing, and visits between water management officials to promote transparency and collaboration.

News Source: The Hindu