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What is the Indus Waters Treaty?
The Indus Waters Treaty, signed on September 19, 1960, between India and Pakistan and mediated by the World Bank, established the rights and obligations of both nations concerning the use of the waters of the Indus River system.
What is the geography and history of the treaty?
Before we can understand the details of the treaty, we need to understand some key details about the Indus River system and its recent history.
The Indus River originates in the southwestern Tibet Autonomous Region of China, flowing through the disputed Kashmir region before entering Pakistan and draining into the Arabian Sea. It is joined by numerous tributaries, particularly from the eastern Punjab Plain, including the Jhelum, Chenab, Ravi, Beas, and Sutlej rivers.
This river system has been utilised for irrigation for centuries, with modern irrigation engineering commencing around 1850. During British rule in India, extensive canal systems were constructed, and existing canals and inundation channels were revitalised and modernised.
However, following the partition of British India in 1947, which resulted in the creation of independent India and West Pakistan (now Pakistan), the water system was effectively divided, with headworks in India and canals traversing Pakistan.
In 1951, David Lilienthal, former head of the US Atomic Energy Commission, visited the region for research. He proposed that India and Pakistan collaborate to jointly develop and manage the Indus River system, possibly with support and financing from the World Bank.
Eugene Black, then president of the World Bank, concurred, leading to the formation of a working group of engineers from both countries, with input from World Bank engineers.
After six years of negotiations, Indian Prime Minister Jawaharlal Nehru and Pakistani President Mohammad Ayub Khan signed the Indus Waters Treaty in September 1960.
What is the Indus Waters Treaty?
The treaty allocated the waters of the western rivers -- the Indus, Jhelum, and Chenab -- to Pakistan, while India received the waters of the eastern rivers -- the Ravi, Beas, and Sutlej.
It also facilitated the funding and construction of dams, link canals, barrages, and tube wells, notably the Tarbela Dam on the Indus River and the Mangla Dam on the Jhelum River. These projects were intended to provide Pakistan with the water it previously received from the rivers now designated for India's exclusive use, with much of the financing coming from World Bank member countries.
The treaty also mandated the establishment of a Permanent Indus Commission, with a commissioner from each country, to maintain communication and address implementation issues. Additionally, a dispute resolution mechanism was established.
What challenges has the Indus Waters Treaty faced?
Over the years, numerous disputes have been amicably resolved through the Permanent Indus Commission.
However, a significant challenge to the treaty arose in 2017 when India completed the construction of the Kishanganga dam in Kashmir and continued work on the Ratle hydroelectric power station on the Chenab River.
This occurred despite Pakistan's objections and ongoing discussions with the World Bank regarding whether these projects violated the treaty's terms.
As explained before, under the terms of the treaty, the waters of the Indus, Jhelum, and Chenab were allocated to Pakistan, while India was entitled to generate electricity from run-of-the-river projects. However, Pakistan has repeatedly raised objections to these projects.
What is the current status of the Indus Waters Treaty?
In September 2024, reports emerged that India was seeking amendments to the Indus Waters Treaty and had formally notified Pakistan of its intent to modify the agreement.
The longstanding dispute over the Kishanganga and Ratle hydroelectric projects reportedly prompted India to pursue changes to the treaty.
According to sources cited by one Indian news agency, India served a formal notice to Pakistan on August 30, 2024, seeking review and modification of the Indus Waters Treaty under Article XII(3) of the treaty.
Under Article XII(3), the treaty's provisions may from time to time be modified by a duly ratified treaty concluded for that purpose between the two governments.
India's notification highlights significant and unforeseen changes in circumstances that necessitate a reassessment of obligations under various articles of the treaty.
Key concerns reportedly include demographic shifts, environmental issues, and the need to accelerate the development of clean energy to meet India's emission targets, as well as the ongoing impact of persistent cross-border terrorism.
This notification was issued against the backdrop of a separate prolonged controversy regarding the Kishanganga and Ratle hydro projects.
In this context, the World Bank has simultaneously activated both the Neutral Expert mechanism and the Court of Arbitration to address the same set of issues.
As a result, India has also called for a reconsideration of the dispute resolution mechanism under the treaty.
With this notification, India has invited Pakistan to initiate government-to-government negotiations to review the treaty under the provisions of Article XII(3).