India Raises Indus Waters Treaty Concerns at UNHRC

Context

India has declared the 1960 Indus Water Treaty (IWT) outdated at the 62nd Session of the United Nations Human Rights Council (UNHRC).

Background of the Indus Water Treaty (IWT)

• Signed on September 19, 1960, between the Prime Minister of India, Jawaharlal Nehru and President of Pakistan, Ayub Khan with the mediation of the World Bank. 
• River Allocation:
  • Eastern Rivers (Ravi, Beas, Sutlej): Belongs to India and can be used as per its whims and fancies (~20% of the total water of the basin).
  • Western Rivers (Indus, Jhelum, Chenab): Allocated to Pakistan (~80% of water). 
• Non-consumptive uses in India: In India, there is a limited right to use Western Rivers for non-consumptive purposes, such as for domestic supply, agriculture and run-of-the-river hydroelectric schemes. 
• Institutional Mechanism: Sets up Permanent Indus Commission (PIC) with annual meetings to resolve disputes. 

Why India Considers the IWT Outdated

• Climate Change & Ecological Shifts: Global warming has affected the rate of glacial melt in the Himalayas and affected river flows. This 1960 framework does not have a joint provision for climate resilience or ecological conservation. 
• Demographic & Population Growth: The basin has experienced significant population growth over the last 65 years, creating unprecedented water and food stresses and necessitating a rethought allocation formula. 
• Clean Energy Imperatives: India must move towards sustainable and clean energy through run-of-the-river projects to meet its global net-zero emission targets. 
• Technological Advancements: The old definition of structures from the 1960 text is not sufficient to describe the more modern run-of-the-river infrastructure, which is safer and more efficient. 

Core Friction Points and Recent Escalations

• Hydroelectric Disputes: Pakistan has been stalling India’s Kishanganga (330 MW) and Ratle (850 MW) power projects by claiming technical design faults. 
• Dispute Resolution Fractures: Pakistan bypassed the treaty’s sequential conflict mechanism (Neutral Expert) to directly approach the Permanent Court of Arbitration (PCA) in The Hague, a step India labels a breach of the treaty’s framework. 
• The Terrorism Bottleneck: India formally asserted at the UN that “water and blood cannot flow together”. In New Delhi, the state that exports cross border terror, has said that there are no such ‘rights’ that can be ‘perpetuated’ based on the ‘good will’ and ‘friendship’. 

Strategic Implications for India-Pakistan Relations

• The change in the Indian position is “Water Diplomacy” where, as a high-riparian, it intends to leverage the cross-border terrorism issue on Pakistan.
• India has given formal intimation to revise the treaty under Article XII(3) and has signaled its legal intent to renegotiate the pact in light of the formal notice given.
• Geopolitical Consequences: Any complete restructuring or unilateral move by India may result in response from China (as an Upper Riparian of Indus and Brahmaputra) which may complicate transboundary water governance in the region.

Way Forward 

• Structural Prevention of Breakdown: Both countries will follow the defined escalation stages (Commission – Neutral Expert – Court of Arbitration).
• Lack of Trust: Introducing real-time telemetry and hydrological data sharing will help overcome the high level of mistrust.
• Holistic Basin Management: Future amendments should move IWT from a water dividing mechanism to a basin management approach that involves collaboration and is sustainable, taking into account climate change and urbanization. 

Source: News on Air

UPSC Mains Practice Question 

Q. Discuss the strategic and environmental factors that have led to demands for revisiting the Indus Waters Treaty.

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