Navigating the Indus Waters Treaty

Navigating the Indus Waters Treaty. The Indus Waters Treaty (IWT) is a water-sharing agreement between India and Pakistan, brokered by the World Bank and signed in 1960. It’s often cited as one of the most successful water-sharing treaties in the world, even surviving several wars between the two nations.

Background of the Indus Waters Treaty

• Signed On: September 19, 1960
• Signatories: India, Pakistan, and the World Bank (as a guarantor)
• Rivers Covered:
  • Western Rivers: Indus, Jhelum, Chenab — allocated to Pakistan
  • Eastern Rivers: Ravi, Beas, Sutlej — allocated to India

India retains limited usage rights over the Western rivers for:

• Domestic use
• Non-consumptive uses (like navigation and fisheries)
• Agricultural use (within specified limits)
• Run-of-the-river hydroelectric projects (without storage)

 Legal Framework and Provisions

1. Division of Rivers

• Article II: Allocates the Eastern rivers to India
• Article III: Allocates the Western rivers to Pakistan, but allows India restricted non-consumptive use

2. Permanent Indus Commission (PIC)

• A bilateral body with a commissioner from each country
• Mandated to:
  • Exchange river flow data
  • Inspect infrastructure projects
  • Resolve minor disputes

3. Dispute Resolution Mechanism

• Three-tiered structure:
  1. PIC Negotiation
  2. Neutral Expert (appointed by the World Bank) for technical disputes
  3. Court of Arbitration for legal or treaty interpretation disputes

4. India’s Rights on Western Rivers

• Can build run-of-the-river hydroelectric projects with specified design limits (no storage)
• Must ensure minimum disruption to flow and no adverse effect on Pakistan’s share

5. Obligations

• Both countries are to avoid any actions that would reduce the water availability to the other side beyond agreed terms
• Regular data exchange and site inspections are required

 Recent Developments

• Kishanganga and Ratle Projects: Contentious hydro projects by India on Western rivers; challenged by Pakistan
• In 2023, India issued a notice for modification of the treaty, citing Pakistan’s repeated refusal to resolve disputes through the prescribed mechanisms.
• The World Bank has paused arbitration and is attempting to mediate through concurrent processes.

Indian Legal Viewpoint

India treats the IWT as a binding international treaty, governed under Article 51 of the Indian Constitution (promotion of international peace and honor of international law). However, there are calls for a review in light of:

• National security concerns
• Changing geopolitical dynamics
• Climate change and water scarcity

Relevant Laws and Provisions

• The Indian Easements Act, 1882 – governs private rights over water
• Environment Protection Act, 1986 – for water impact assessments of projects
• River Boards Act, 1956 – enables inter-state coordination (though not invoked much for international treaties)
• International Watercourses Law (Customary Law + UN Convention 1997) – not binding on India but provides guiding principles (equitable use, no harm)

Thus, this articles is Navigating the Indus Waters Treaty of India.

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