The Indus water treaty
Context:
Recently, India decided to serve a formal notice to Pakistan under Article XII (3) of the Indus Waters Treaty (IWT) to bring some modifications on the treaty.
- The call for the modification in the treaty is to cater domestic water requirements, especially for the agriculture and renewable energy.
Relevance:
GS-02 (India and its Neighbourhood)
Dimensions of the Article:
- About the Indus Water treaty
- Causes of Disputes
- Challenges in Water Resource Management
- Potential Climate Change Effects
About the Indus Water Treaty:
- It was signed in 1960 to govern water sharing between India and Pakistan over the Indus River and its tributaries.
- It creates a mechanism for the two nations on the use of Indus and its tributaries—Sutlej, Beas, Ravi, Jhelum, and Chenab.
- Under the treaty, three western rivers (Indus, Chenab, and Jhelum) and three eastern rivers (Ravi, Beas, and Sutlej) were allocated for unrestricted use to Pakistan and India, respectively, i.e., 80% of the water went to Pakistan.
- The treaty also mandated setting up a Permanent Industry Commission that meets annually. This commission also acts as a dispute resolution body where both sides resolve their questions. However, unresolved issues shall be addressed by the World Bank-appointed agency, Neutral Expert (NE).
Causes of Disputes:
- India, being the upper riparian state, sees the treaty as a means to achieve optimal utilisation of its water resources to meet its growing demand of agriculture, renewable energy and other domestic needs.
- Whereas Pakistan being the lower riparian, sees the treaty as an agreement for uninterrupted water flow to its side.
- Hydropower Disagreements: Under the IWT, India is allowed to develop hydropower on western rivers with certain restrictions. However, Pakistan has raised ecological concerns, particularly regarding the Kishanganga project, though India is bound by a minimum flow condition to mitigate impact.
- Ecological Concerns: Despite objections from Pakistan on environmental grounds, The Hague’s Permanent Court of Arbitration allowed India to proceed with hydropower projects on the Kishanganga, provided it maintains a nine cubic metre per second flow.
Challenges in Water Resource Management
- Outdated Structure: The treaty’s division of the Indus River Basin into east (for India) and west (for Pakistan) rivers prevents a holistic management approach for the water body.
- Impact of the ‘No Harm’ Principle: Although not explicitly mentioned, the No Harm Principle demands both nations not cause any harm to each other’s water resources, especially during project planning.
- Environmental Impact Assessments (EIA): The International Court of Justice emphasised the necessity of EIA in transboundary projects, adding an important layer to project approval and execution.
Potential Climate Change Effects
- Water Flow Variability: Depletion of glacial reserves is expected to cause a significant decrease in Indus River flows, potentially by 30-40%.
- UN Watercourses Convention: This framework, particularly the Equitable and Reasonable Utilisation (ERU) principle in Articles 5 and 6, offers guidelines for international watercourse sharing and could serve as a reference for the Indus system.
Way Forward
- Both India and Pakistan must understand the importance of the issue and should work jointly for greater wellbeing.
- Both nations should develop projects in a collaborative manner to address emerging challenges without overhauling the treaty.
- However, both India and Pakistan should incorporate adjustments in the treaty through structured dialogue to enhance water resource management.
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