Indus Water Treaty, 1960

India has officially served a notice to Pakistan, invoking Article XII (3) of the Indus Water Treaty (IWT), seeking modifications to the agreement. This action comes in response to Pakistan’s reluctance to adhere to the treaty’s provisions. The notice underscores India’s concerns and the need for adjustments to address the ongoing issues surrounding the implementation of the Indus Water Treaty.

About

In response to a notice, India has urged Pakistan to engage in intergovernmental negotiations within a 90-day timeframe.
India asserts that the treaty mandates the resolution of disputes through bilateral negotiations and consultations between the two nations, emphasizing the preference for direct talks over international arbitration.
According to India, the treaty underscores the importance of resolving disagreements through direct dialogue between the concerned countries, promoting a diplomatic and bilateral approach to dispute resolution.

What is the Indus Water Treaty?

In 1960, India and Pakistan entered into the Indus Waters Treaty with the World Bank playing a key role as a signatory.
The treaty designates control of three eastern rivers—Beas, Ravi, and Sutlej—to India, while Pakistan assumes control over the western rivers—Indus, Jhelum, and Chenab.
According to the treaty’s provisions, India has the authority to harness hydroelectric power through run-of-the-river (RoR) projects on the western rivers, subject to specific criteria governing their design and operation.

Dispute Resolution Process

Resolution through Permanent Indus Commission (PIC): In addressing objections between India and Pakistan, the Permanent Indus Commission (PIC), comprised of water experts from both nations, convenes regular meetings to collaboratively resolve differences.

Involvement of World Bank-Appointed Neutral Expert: If disputes persist, the parties may seek resolution through a neutral expert appointed by the World Bank. This impartial mediator aids in finding equitable solutions outside of direct bilateral negotiations.

Adjudication via World Bank and Permanent Court of Arbitration (PCA): As a final recourse, the matter can be escalated to a formal court process involving the World Bank and the Permanent Court of Arbitration (PCA). This judicial approach ensures a fair and impartial adjudication of the dispute between the involved nations.

Problem with Hydroelectric Projects

Pakistan has objected to the two hydroelectric power projects (HEPs):

The 330 MW Kishenganga HEP on the Kishenganga river, a tributary of the river Jhelum.
The 850 MW Ratle HEP on the Chenab river.

Both India and Pakistan differed on whether the technical details of the hydel projects conformed with the treaty, given that the Jhelum and Chenab were part of the “Western Tributaries”.

Timeline of the Dispute between the Two Nations

In the following year in 2016, Pakistan unilaterally retracted this request and proposed that a Court of Arbitration should adjudicate its objections.
Instead of responding to Pakistan’s request for a Court of Arbitration, India moved a separate application asking for the appointment of a Neutral Expert, which is a lower level of dispute resolution provided in the Treaty.
On March 31, 2022, the World Bank decided to resume the process of appointing a Neutral Expert and a Chairman for the Court of Arbitration.

Criticism of the Indus Water Treaty

The treaty is internationally recognized as one of the most successful cross-boundary water dispute treaties but during the past three decades, its implementation has been disregarded.
The regular use of state-sponsored terrorism has led to the suspension of bi-annual dialogue between the Indus treaty commissioners, which resumed the next year.
The provisions of the treaty are highly technical in nature, leading to different far-ranging interpretations.

Way Forward

It’s crucial for the two nations to come together and address their concerns related to the Indus Waters Treaty (IWT) through direct negotiations, instead of resorting to international forums. Updating the technical provisions of the treaty is essential to align with the current realities and address the concerns of both nations. This collaborative approach will not only foster better understanding but also pave the way for a more effective and mutually beneficial resolution.