Chinmaya IAS Academy – Current Affairs Chinmaya IAS Academy – Current Affairs
The Indus Waters Treaty (1960), or IWT, that regulates the Indus water courses between the two riparian states of India and Pakistan, is cited by many as an example of cooperation between two unfriendly neighbours for many reasons. These include the IWT having survived several wars and phases of bitter relations, and its laying down of detailed procedures and criteria for dispute resolution.
But in the last decade, exercising judicial recourse to settle the competing claims and objections arising out of the construction and design elements of the run-of-river hydroelectric projects that India is permitted under the IWT to construct on the tributaries of the Indus, Jhelum and Chenab before these rivers flow into Pakistan, has increased.
In January this year, Pakistan initiated arbitration at the Hague-based Permanent Court of Arbitration to address the interpretation and application of the IWT to certain design elements of two run-of-river hydroelectric projects — on the Kishanganga (a tributary of the Jhelum) and Ratle, a hydro-electric project on the Chenab. India raised objections as it views that the Court of Arbitration is not competent to consider the questions put to it by Pakistan and that such questions should instead be decided through the neutral expert process.
On July 6, 2023, the court unanimously passed a decision (which is binding on both parties without appeal) rejecting each of India’s objections. The court determined that it is competent to consider and determine the disputes set forth in Pakistan’s request for arbitration.
Indus Waters Treaty
The Indus Waters Treaty is a water-sharing agreement signed between India and Pakistan on September 19, 1960, brokered by the World Bank (formerly known as the International Bank for Reconstruction and Development). The treaty was formulated to govern the distribution of water from the Indus River and its tributaries, which are shared by both countries.
The Indus River system is vital for both India and Pakistan, as it provides water for agriculture, industry, and domestic consumption. However, its vast network originates in India and then flows into Pakistan, making water sharing a critical and historically contentious issue between the two countries.
Key features of the Indus Waters Treaty
Division of Rivers: The treaty divides the six main rivers of the Indus system into two categories: the Eastern Rivers and the Western Rivers.
- Eastern Rivers: The Sutlej, Beas, and Ravi, are allocated for unrestricted use by India.
- Western Rivers: The Indus, Jhelum, and Chenab, are allocated for unrestricted use by Pakistan.
Water Usage: India is permitted to use the waters of the Western Rivers for certain non-consumptive uses, including irrigation, hydropower generation, and domestic use. However, India must adhere to certain restrictions on the storage capacity and construction of water-related infrastructure on these rivers.
Permanent Indus Commission: The treaty established the Permanent Indus Commission (PIC), consisting of representatives from both India and Pakistan. The PIC meets regularly to resolve any issues and disputes related to the implementation of the treaty.
Dispute Resolution Mechanism: The treaty provides a mechanism for resolving disputes through arbitration by a neutral third party, which is the World Bank in this case.
Over the years, despite several political tensions between India and Pakistan, the Indus Waters Treaty has generally remained intact. The treaty is seen as a significant example of successful water diplomacy, as it has allowed for the sharing of a crucial natural resource between two neighbouring countries with often strained relations.
However, there have been occasional disputes and disagreements between the two countries over the implementation of the treaty. Nevertheless, the World Bank, as the treaty’s custodian, has played a crucial role in mediating and resolving such issues to maintain water cooperation between India and Pakistan.
