[8th November 2024] The Hindu Op-ed: India, Pakistan and modifying the Indus Waters Treaty 

PYQ Relevance:Q)

Present an account of the Indus Water Treaty and examine its ecological, economic and political implications in the context of changing bilateral relations. (UPSC CSE 2016)

Q) With reference to the Indus river system, of the following four rivers, three of them pour into one of them which join the Indus direct. Among the following, which one is such river that joins the Indus direct? ​(UPSC CSE 2021)

a) Chenab
​b) Jhelum
​c) Ravi ​
d) Sutlej

Mentor’s Comment: The Indus Water Treaty was signed in 1960 after extensive negotiations facilitated by the World Bank. It has successfully governed water sharing between India and Pakistan for over six decades, surviving numerous conflicts between the two nations.

The IWT has survived multiple conflicts between India and Pakistan, including three wars and ongoing military tensions. Pakistan has consistently raised objections to hydropower projects initiated by India, particularly the Kishanganga and Ratle river developments, claiming they violate the treaty’s provisions.

However, recent tensions have prompted India to reconsider its obligations under this long-standing agreement. Today’s editorial discusses several critical aspects related to India’s recent formal notice to Pakistan regarding the treaty.

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Let’s learn!

Why in the News?

Indian Government has issued a formal notice to Pakistan requesting modifications to the Indus Water Treaty, citing “fundamental and unforeseen changes“.

Overview of the IWT and Recent Developments:

The Indus Waters Treaty (IWT), signed in 1960 between India and Pakistan, governs the allocation and management of water resources from the Indus River system.
This treaty allows India unrestricted use of the eastern rivers (Sutlej, Beas, and Ravi) while allocating the western rivers (Indus, Jhelum, and Chenab) primarily to Pakistan.
However, recent tensions have prompted India to formally request modifications to the treaty, raising significant geopolitical implications.

What prompted India to seek modifications to the Indus Waters Treaty?

  • Demographic Changes: Increasing population pressures necessitate greater water resource management.
  • Environmental Issues: The need for sustainable practices and clean energy development to meet emission targets.
  • Security Concerns: The impact of persistent cross-border terrorism on water management and treaty implementation.
  • Disputes over Hydropower Projects: Tensions have arisen over India’s hydroelectric projects on rivers like Kishanganga and Ratle, which Pakistan claims violate the treaty. India believes these projects comply with the agreement.
  • Perceived Imbalance: India feels the treaty disproportionately favors Pakistan, which receives about 80% of the Indus river system’s water, while India manages only 20%. This perceived imbalance has led to calls for a fairer distribution of resources.

How does the proposed modification process work under the treaty?

India has issued a formal notice to Pakistan that requires a reassessment of the treaty’s obligations as follows:

  • According to Article XII (3), any modifications to the treaty must be made through a duly ratified treaty concluded between the two governments.
  • Once a formal notice is issued, Pakistan has a specified period (typically three months) to respond to the request for renegotiation. The outcome of this response will determine the next steps in the modification process.
  • If Pakistan agrees to negotiate, both countries will enter discussions aimed at revising the treaty. This process is expected to address various concerns raised by India, including demographic changes, environmental issues, and security threats.
  • If Pakistan does not accept India’s proposal for modification, India retains the option to call for the termination of the treaty, although this would likely escalate tensions further.
The IWT also includes a graded Dispute Resolution Mechanism, which operates at three levels:

Level 1: Initial discussions occur at the level of the Permanent Indus Commission (PIC), where both parties can clarify any questions regarding planned projects.
Level 2: If differences remain unresolved, they escalate to involve a Neutral Expert, who provides technical advice.
Level 3: Finally, if disputes persist, they can be taken to a Court of Arbitration for binding resolution.

What implications could this modification have for India-Pakistan relations?

  • Diplomatic Strain and Increased Tensions: Pakistan may view India’s request as a threat to its water rights, leading to escalated tensions and potential conflicts over water resources.
    • The process of negotiating modifications could be challenging due to historical mistrust, making it hard for both countries to reach a consensus.
  • Water Scarcity Concerns: Modifying the treaty could either improve or worsen water security for both nations. Pakistan, which relies heavily on the Indus system, may feel particularly vulnerable, increasing the risk of conflict.
  • Geopolitical Ramifications: Changes to the treaty might destabilize the region, potentially leading to increased militarization or conflict, especially given both countries’ nuclear capabilities.
  • International Involvement: The World Bank and other international bodies may need to intervene if negotiations fail, complicating the situation and potentially drawing in other regional powers.

Way Forward: India’s request for modifications to the Indus Waters Treaty signals a significant shift in its approach to water resource management with Pakistan. As both countries face mounting pressures from changing demographics, environmental challenges, and security concerns, the future of this treaty may hinge on their willingness to engage in constructive dialogue and negotiate terms that reflect current realities.

https://www.thehindu.com/news/national/what-is-indus-waters-treaty-between-india-pakistan/article65075002.ece

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