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25-January-2025-Editorial

January 25 @ 7:00 am - 11:30 pm

INDUS WATERS TREATY DISPUTES AND CHALLENGES

The Indus Waters Treaty (IWT), signed in 1960 between India and Pakistan under the World Bank’s supervision, governs the sharing of the Indus River and its tributaries. Recent disputes related to hydroelectric projects in Jammu and Kashmir (J&K) have highlighted concerns over water sharing and treaty implementation.

Key Disputes Regarding the Indus Waters Treaty

  1. Water Sharing Disputes

Kishanganga Hydroelectric Project

  • Located on the Kishanganga River, a tributary of Jhelum in J&K.
  • Pakistan argues that India’s diversion of water for power generation violates the treaty’s provisions.

Ratle Hydroelectric Project

  • A run-of-the-river project on the Chenab River in J&K.
  • Pakistan contends that the dam’s design, including spillway gates, gives India excessive control over river flow.
  1. Dispute Over Resolution Procedure
  • Pakistan initially approached the Neutral Expert (NE) in 2015 but later sought adjudication by the Permanent Court of Arbitration (PCA).
  • India opposes PCA involvement, asserting that the IWT prioritizes the NE process.
  • In 2022, the World Bank initiated parallel proceedings with both NE and PCA.
  • India engaged with the NE and boycotted PCA, arguing that NE alone has jurisdiction under the treaty.

About the Indus Waters Treaty

  1. Background
  • Signed in 1960 with the World Bank’s assistance to regulate water sharing between India and Pakistan.
  • The treaty divides the Indus River system’s waters among both countries.
  1. Key Provisions

Water Sharing Arrangement

  • India has exclusive rights over the three eastern rivers: Beas, Ravi, and Sutlej.
  • Pakistan controls the three western rivers: Indus, Jhelum, and Chenab.
  • India is allowed limited use of western rivers for domestic, agricultural, and hydroelectric purposes under specific conditions.
  • Pakistan receives about 80% of the total water flow, while India gets 20%.

Permanent Indus Commission (PIC)

  • A joint commission with representatives from both countries to oversee treaty implementation.
  • The commission meets annually to address concerns and ensure cooperation.

Dispute Resolution Mechanism

Article IX of the treaty provides a three-tier system for resolving disputes:

  • Permanent Indus Commission (PIC): Handles initial disputes through bilateral discussions.
  • Neutral Expert (NE): If unresolved by PIC, either country can request the World Bank to appoint an expert.
  • Court of Arbitration (PCA): If the issue exceeds the NE’s scope, the matter can be taken to PCA.

Role of PCA

  • Established in 1899 and based in The Hague, Netherlands.
  • Provides arbitration services and financial aid for developing countries to cover arbitration expenses.

Challenges Associated with the Indus Waters Treaty

  1. Outdated Provisions
  • The treaty does not consider modern challenges such as climate change, which has altered water availability.
  • Changing rainfall patterns, glacial melt, and rising temperatures are impacting water resources.
  1. Lack of Flexibility
  • The treaty’s rigid water-sharing terms hinder adaptive management strategies.
  • There is little room for modifications based on changing environmental conditions.
  1. Procedural Ambiguities
  • The initiation of parallel proceedings by the World Bank has exposed ambiguities in the treaty.
  • The lack of clarity in dispute resolution creates confusion and delays.
  1. Geopolitical Tensions
  • Political and military conflicts between India and Pakistan obstruct cooperation.
  • Mistrust and frequent border tensions complicate the effective implementation of the treaty.

Way Forward

  1. Treaty Renegotiation
  • A revision of the treaty is required to incorporate provisions for climate resilience and sustainable water management.
  • Modern technologies and scientific data should guide any updates.
  1. Strengthening Dialogue
  • India and Pakistan should enhance communication through regular meetings and confidence-building measures.
  • Reviving the role of the Permanent Indus Commission can help resolve disputes amicably.
  1. Third-Party Mediation
  • Neutral organizations like the World Bank can play a constructive role in facilitating dialogue and ensuring compliance.
  1. Focus on Technical Solutions
  • Scientific and technical approaches should be used to address disputes.
  • Data sharing and joint studies can help both countries manage water resources efficiently.

Conclusion:

The Indus Waters Treaty remains a crucial framework for water-sharing between India and Pakistan. However, challenges like climate change, geopolitical tensions, and procedural ambiguities necessitate a fresh approach to ensure effective and sustainable water management for both nations.

Details

Date:
January 25
Time:
7:00 am - 11:30 pm
Event Category:
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