India-Pakistan Water Dispute: The Road Ahead

Context

The Indus Waters Treaty, 1960, between India and Pakistan has been in “abeyance” since India began building the Ratle Hydroelectric Project in Jammu and Kashmir, and is now in a new state of uncertainty after the Permanent Court of Arbitration (PCA) issued orders in this regard.

Key Highlights

• India has refused to accept the arbitration process, saying the “court” was set up “in violation” of the treaty and that other dispute resolution processes could not be held in parallel.
• The developments have brought about a resurgence of doubts on the future of water relations between India and Pakistan, transboundary river governance and water security in South Asia.

About Indus Waters Treaty

• In 1960, the IWT was signed with the World Bank as a signatory, where the three eastern rivers (Ravi, Beas and Sutlej) were allocated primarily to India; and the three western rivers (Indus, Jhelum and Chenab) were allocated primarily to Pakistan.
• India still owns some rights over the western rivers even after the allocation, such as the right to use them for domestic purposes, irrigation rights and hydropower generation as per the treaty terms.
• The treaty also established the Permanent Indus Commission and established procedures for the resolution of technical and legal disagreements.

Why is the Treaty Under Strain?

• Dispute over Arbitration

  • India threw its weight behind the arbitration process under the treaty and stated that the arbitration process was established in breach of the treaty.
  • India says a Neutral Expert is already there to review the technical issues and such parallel proceedings are contrary to the dispute-resolution mechanism in the treaty.
  • The PCA, however, has gone ahead with the proceedings and handed down orders regarding the treaty and the Ratle project.

• India’s “Abeyance” Decision

  • India has kept the treaty “in abeyance” even though it does not explicitly call for such unilateral suspension in the treaty itself.
  • India has argued that the decision is still binding and the arbitration proceedings are not valid.
  • The shift is far from what the treaty has traditionally worked in a period of India-Pakistan wars.

Strategic Significance for India

• India is trying to exploit its “justifiable rights” over the western rivers by generating hydropower and building water infrastructure.
• Around eight infrastructure projects worth nearly ₹50,000 crore are being pursued in Jammu and Kashmir.
• Projects like Ratle are of strategic significance because they can contribute to improving electricity production, water efficiency and regional development.
• But the schemes involving inter-basin transfer, like diversion of water from Chenab for Beas etc., pose new questions since such transfers are not allowed under the existing treaty framework.

Implications for Pakistan

• Pakistan is still heavily reliant upon the Indus River system for agricultural purposes, drinking water, and economic activity.
• A significant alteration of the flow of water might have significant consequences on food security, irrigation and energy security.
• But the uncertainty over the treaty does not mean India will not continue water supply for Pakistan.
• The water crisis in Pakistan is also associated with inefficient irrigation, depletion of groundwater sources in the ground and lack of water storage facilities, and poor water management.

Broader Implications

• The conflict highlights the conflict between sovereignty, national security, and international treaty commitments.
• It also presents the shortfalls of third-party dispute resolution in the event one party doubts the validity of the process.
• Sustainable transboundary river governance is becoming more critical as a result of climate change, glacier retreat and changes in hydrological cycles and water demand.
• The problem is not just an Indian-Pakistani one because there are a number of common river basins in South Asia where water diplomacy is closely linked with the security issue in the region.

Way Ahead

• India should take steps to utilise its legitimate water rights in a technically efficient and treaty-compliant manner and should also be ready for international litigation.
• Water data-sharing and technical communication should remain so as to avoid water-related conflicts from becoming broader humanitarian situations.
• Both countries could potentially develop a new bilateral mechanism to tackle modern problems like climate change, hydropower, flood management and water efficiency.
• India should simultaneously build up the capacity at home for water storage, water use efficiency, watershed management, and climate-smart infrastructure.
• A basin-level, science-based approach is necessary because it is impossible to resolve problems with geopolitical confrontation alone.

Conclusion

• The Indus Waters Treaty will hinge on India’s future balancing of its sovereign development needs with international obligations and regional peace and stability.
• This current crisis is a chance to re-imagine the treaty framework while keeping water security and sustainable development, along with long-term peace, as a priority for India.

Source: The Indian Express

Prelims PYQ

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

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

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