<strong>Indus water treaty</strong>
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Indus water treaty
Introduction:
- 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.
Key Provisions:
Water Sharing:
- The treaty prescribed how water from the six rivers of the Indus River System would be shared between India and Pakistan.
* This means that 80% of the share of water went to Pakistan, while leaving the rest 20% of water for use by India.
Permanent Indus Commission:
* It also required both the countries to establish a Permanent Indus Commission constituted by permanent commissioners on both sides.
* According to the provisions of the IWT, the Permanent Indus Commission is required to meet at least once a year.
Rights over Rivers:
* While Pakistan has rights over the waters of Jhelum, Chenab and Indus, Annexure C of the IWT allows India certain agricultural uses, while Annexure D allows it to build ‘run of the river’ hydropower projects, meaning projects not requiring live storage of water.
Dispute Resolution Mechanism:
* 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.
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* 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.
Indus Waters Treaty Issues
* There have been issues concerning the treaty with both sides accusing each other of violating the terms of the treaty.
* In 2016, Pakistan had approached the World Bank raising concerns of India’s Kishenganga and Ratle hydroelectric power projects being constructed in Jammu & Kashmir. India then requested for neutral experts to inspect the plants, saying that the points raised by Pakistan were technical ones and do not require a court of arbitration (as Pakistan has taken it to an arbitration court). The World Bank permitted India to proceed with the projects after talks were concluded between both the countries on the technicalities of the treaty.
* The Tulbul project (which is a navigation lock-cum-control structure at the mouth of the Wular Lake, situated on the Jhelum from Anantnag to Srinagar and Baramulla) was suspended in 1987 after Pakistan objected to it. Recently, the government decided to review this suspension not taking into account Pakistan’s protests.
* Pakistan’s Left Bank Outfall Drain (LBOD) project passes through the Rann of Kutch in India’s Gujarat. The project was constructed without India’s consent. India has objected because this is in contravention to the IWT. The lower riparian state is in India and hence it needs to be given all details. There is also the danger of flooding in the state of Gujarat.
* Recently, the bilateral relations between India and Pakistan have taken on a downward spiral. In the wake of the Uri attacks on India, Prime Minister Modi remarked that blood and water cannot flow simultaneously indicating to Pakistan that its support to terrorism across the border will lead to India rethinking its generous stance on the IWT. Indeed, many experts believe that the treaty is more favourable towards Pakistan than India.
* Another issue cited with the IWT is that it was signed on India’s behalf by the then PM Nehru. However, he was not the head of state and that the treaty ought to have been signed by the head of state, the then president of the country.
* India does not use its entire share of water it is entitled to as per the provisions of the IWT. About 2 million acre-feet (MAF) of water from the River Ravi flows into Pakistan unutilized by India.
* In the wake of the Pulwama attacks in 2019, the Indian government stated that all water flowing into Pakistan at present, in the three eastern rivers, will be diverted to Haryana, Punjab, and Rajasthan for different uses.
* To prevent this flow and utilize the entire share of water under the Treaty, India has taken the following steps:
* Shahpurkandi Project: This will help in generating power for Punjab and Jammu & Kashmir.
* Ujh Multipurpose Project: This will create storage of water on the Ujh, which is a tributary of the River Ravi, for irrigation as well as power generation.
* 2nd Ravi Beas link below Ujh: This has been declared a National Project by the GOI. This involves constructing a barrage across river Ravi for diverting water through a tunnel link to the Beas Basin. This is planned to prevent excess water flowing into Pakistan.
Way Forward
* The role of India, as a responsible upper riparian abiding by the provisions of the treaty, has been remarkable but the country is under pressure to rethink the extent to which it can remain committed to the provisions, as its overall political relations with Pakistan becomes intractable.
* IWT is often cited as an example of the possibilities of peaceful coexistence that exist despite the troubled relationship between both neighboring countries.
