India’s initiatives to amend the Indus Water Treaty

On 25 Jan 2023, India issued a notice to Pakistan specifying the need to amend the Indus Water Treaty (IWT), 1960, as per the reports that appeared in the media. This notice has been issued through a commissioner appointed as per the provisions laid down in Article XII (3) of IWT, 1960. As per this notice, Pakistan has to ratify the violations of the provisions laid down in this treaty within 90 days of issuing this notice. This process will also help to update the provisions laid down in IWT, which is almost six decades old. This treaty has survived despite three wars and cross-border terrorism by Pakistan

Sources say that Pakistan’s inflexibility has forced India to issue notice to modify and update the treaty to incorporate the lessons driven for the last 62 years. This practically boils down to opening the discussion on provisions of IWT for re-negotiation. Article XII(3) of the IWT, 1960 specify, “ the provisions of this Treaty may from time to time modified by a duly ratified treaty concluded for that purpose between the two Governments.” 

It is believed that Pakistan said on 27 Jan 2023 that a Court of Arbitration is holding the first hearing in the Hague on the objections of two hydroelectrical power projects in the erstwhile state of Jammu and Kashmir. One is on the river Kishenganga, a tributary of Jehlum, and the other is on the river Chenab. In Aug 2016, Pakistan approached the World Bank, which had brokered the treaty and sought the constitution of a Court of Arbitration. India moved an application for the appointment Neutral Expert as Pakistan’s objections didn’t warrant a Court of Arbitration. On 17 Oct 2022, World Bank appointed  Michel Eno as Neutral Expert and Sean Murphy as Chairman of the Court of Arbitration.

Brief about IWT, 1960. 

• The Indus Rivers system encompasses the primary source of the Indus river, and its five tributaries, such as Ravi, Beas and  Sutlej, are known as Eastern Rivers. At the same time, Chenab, Jhelum and Indus central are Western Rivers.
• The IWT was signed between India and Pakistan on 19 Sept 1960 in Karachi. The treaty contains a preamble, twelve articles and eight detailed annexures.
• The treaty provides India with absolute control of all the waters of the Eastern Rivers. At the same time, Pakistan shall have unhindered access to waters of the Western Rivers, which India is obliged to let flow beyond the permitted uses.
• India is allowed to use the waters of Western Rivers for 

1. Domestic use 
2. Non-consumptive use 
3. Agricultural use as set out in Annexure C 
4. Generation of hydro-electric power as set out in Annexure D

• India is also permitted to construct water storage on western rivers up to 3.6 million acre-feet (MAF) for various purposes as specified in Annexure E of the treaty. 
• India and Pakistan also established permanent commissioners for the Indus Rivers Waters posts. The two commissioners form part of the Permanent Indus Commission (PIC). Except that either Government should decide to take up any particular issue directly with the other Government, each commissioner will be officially authorised by the Government for all discussions and resolutions of problems arising from this treaty.
• The purpose and functions of the commission, among other things, are to:

1. Establish and promote cooperative arrangements for the Treaty implementation. 
2. Furnishing or exchanging of information or data provided for in the treaty.
3. Encourage collaboration between India and Pakistan in the growth of the waters of the Indus Rivers System. 
4. Examine and resolve by agreement any question that might arise between the parties concerning the interpretation or implementation of the provisions laid in the treaty.

• The commission must meet recurrently at least once a year in India and Pakistan. The meeting can also be convened by either commissioner as and when required. The commission is also required to take on tours of scrutiny of the rivers and works to ascertain the facts connected with various developments and works on the rivers.
• To allow Pakistan to content itself that India’s planned projects are within the provisions laid in the treaty, India is obligated to convey to Pakistan in writing about the projects. Pakistan has the option to raise objections within three months of receiving information, which are then resolved under Article IX.
• Article IX of the treaty deals with resolving differences and disputes between India and Pakistan. If the commission cannot resolve a specific problem, provisions have been made to reference a Neutral Expert under Annexure E and a Court of Arbitration Annexure G.
• Article XII provides for the treaty’s provisions to remain in force till ended by a duly endorsed treaty between the two Governments.

Time to re-visit the IWT, 1960.

Efforts to promote goodwill shouldn’t be one-sided. Voices have been emerging from different corners of India to review the treaty seriously. It could curtail the scale at which the water is flowing to Pakistan now. Even within this treaty’s realms, India could draw and utilise 3.6 Million Acre Feet of additional water from western rivers (the Indus, the Jehlum, the Chenab).

India has various options. It could restart the Tulbul Navigation project, which could help J&K immensely. This project envisages increasing the level of water of the river Jhelum and ‘Wular Lake’, which would enable round-the-year facilities for navigation connecting Anantnag, Srinagar and Baramulla. But this project has been held up as Pakistan has raised certain objections, which have no standing as far as IWT, 1960 is concerned. The resumption of work will put tremendous pressure on Pakistan, and its protest will expose Pakistan’s hypocrisy. This project is for the welfare of the people of Kashmir Valley.

India could also speed up and complete the three dams on the river Chenab: Pakul, Souvalkot and Bursan and take extensive repair works of headworks falling on the Indian side. This will also check the leakage of water to the Pakistani side.

Pakistan may repeat its usual threatening rhetoric that revoking the treaty could be an ‘act of war’. India need not cancel it entirely but could certainly tighten the grip on the implementation mechanism of provisions laid down in the treaty. This is needed because Pakistan, as of now, is getting generous treatment. Instead of thanksgiving, it is exporting cross-border terrorism to India. On 26 Sep 2016, in Kozhikode, Hon’ble PM Sh. Narender Modi made it clear that blood and water will not flow together.

To hide its gross inefficient use of water resources, Pakistan, especially its irresponsible and jingoist leadership, have been trying to mislead its people accusing India of resorting to water terrorism. As per Pakistan’s Senate Committee Report of 9 July 2015, India uses less than the allocated water share. ( Sh, Jagmohan, My Frozen Turbulence in Kashmir, p 866). Reports in the media that India is getting more water is just propaganda.

In the aftermath of the Uri terrorist attack, India established a high-level task force to use the treaty’s full potential best. I think the time has come to think over the IWT, 1960, favouring Pakistan in its present form.

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