Indus Waters Treaty: India issues fresh notice to Pakistan for modification in water-sharing deal

India vs Pakistan: India has issued a fresh notice to Pakistan that it intends to modify the existing Indus Waters Treaty (IWT) of September 1960 after Pakistani "intransigence" on its implementation. According to sources quoted by news agency ANI, India issued the fresh notice on January 25 through the respective Commissioners for Indus Waters as per Article XII (3) of IWT. 

The action was necessitated as Pakistan has refused to discuss and resolve the issue of India's Kishenganga and Ratle Hydro Electric Projects for the last five years, despite India's efforts, sources said. They added that India was forced to take the step as Pakistan’s actions had “adversely impinged” on the provisions of the treaty, according to the sources quoted by ANI in a thread of tweets.

“Pakistan’s actions have adversely impinged on the provisions of IWT and their implementation and forced India to issue an appropriate notice for modification of IWT. Despite repeated efforts by India to find a mutually agreeable way forward, Pakistan refused to discuss the issue during the five meetings of the Permanent Indus Commission from 2017 to 2022,” said sources. 

India is seeking modifications in the treaty to make it easier for Pakistan to enter into intergovernmental negotiations, within 90 days, and rectify the 'material breach' of IWT. This process would also update IWT to incorporate the lessons learned over the last 62 years, the sources added. 
 

What is the Indus Waters Treaty? 

Indus Waters Treaty was signed on September 19, 1960, between India and Pakistan, after the World Bank negotiated the deal for over nine years. The treaty mainly fixed and delimited the rights and obligations of both countries concerning the use of the waters of the Indus River system, which includes the Beas, Ravi, Sutlej, Indus, Chenab, and Jhelum. 

The treaty, when signed, had drafted a mechanism for cooperation and information exchange between the two countries. Under the treaty, India has been given control of the waters of the three "eastern rivers" -- the Beas, Ravi, and Sutlej. While the control of the three "western rivers" -- the Indus, Chenab, and Jhelum, was given to Pakistan. India has about 20 per cent of the total water carried by the Indus system, while Pakistan has 80 per cent. 

Under the treaty, India is allowed to use the western river waters for limited irrigation use and unlimited non-consumptive use, like power generation, navigation, fish culture, and others.  

Experts have always termed the treaty as one of the most successful water-sharing treaties between countries. But in recent years, it has come under considerable pressure due to strained bilateral relations between the two countries. 

In 2015, Pakistan sought a neutral expert to examine its technical objections to India's Kishenganga and Ratle Hydro Electric Projects. A year later, it withdrew the call and proposed that a Court of Arbitration adjudicate its objections.  

Two simultaneous processes are in contravention of the graded mechanism of dispute settlement, sources said, adding that India then made a separate request for the matter to be referred to a neutral expert. 

At present, Indian government sources said that despite repeated efforts by India to find a mutually agreeable way forward, Pakistan refused to discuss the issue during the five meetings of the Permanent Indus Commission from 2017 to 2022.  

At Pakistan's continuing insistence, the World Bank has recently initiated actions on both the neutral expert and Court of Arbitration processes. 

(With agency inputs)