Cross the boulders in the Indus Waters Treaty (IWT)

Syllabus: GS2 – Bilateral, regional and global grouping involving India and affecting India’s interests, India and its neighborhood-relations

Source: The Hindu – 31/08/2023

Context

India’s protest against Pakistan’s “unilateral” decision to approach a court of arbitration at The Hague in the Netherlands on the issue related to the Indus waters treaty.

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Content

Indus Waters Treaty(IWT)

• The Indus system comprises the main Indus River, Jhelum, Chenab, Ravi, Beas and Sutlej.
• The basin is mainly shared by India and Pakistan with a small share for China and Afghanistan.
• The Indus Water Treaty (IWT) is a water-distribution treaty between India and Pakistan, arranged and negotiated by the World Bank, to use the water available in the Indus River and its tributaries
• Under the Indus Waters Treaty signed  in 1960, all the waters of three rivers, namely Ravi, Sutlej and Beas             ( Eastern Rivers) averaging around 33 million acre feet ( MAF) were allocated to India for exclusive use.
• The waters of Western rivers – Indus, Jhelum, and Chenab averaging to around 135 MAF were allocated to Pakistan.

• India has  been given the right to generate hydroelectricity through run of the river(RoR) projects on the Western Rivers which, subject to specific criteria for design and operation, is unrestricted.

• The treaty also allows India to use the western river waters for limited irrigation use and unlimited non-consumptive use such as power generation, navigation, floating of property, fish culture, etc.
• Permanent Indus Commission (PIC), a bilateral commission consisting of officials from India and Pakistan, was created to implement and manage the goals, objectives and outlines of the Indus Waters Treaty (IWT).
• It was established to resolve any disputes that may arise in water sharing, with a mechanism for arbitration to resolve conflicts amicably.
• If PIC fails, the dispute goes to a Neutral expert appointed by the World Bank.

Significance of the treaty

• The Indus Waters Treaty is considered as one of the most successful water sharing endeavours in the world .
• The treaty fixed and delimited the rights and obligations of both countries concerning the use of the waters of the Indus River system.
• The treaty helped to reduce hostilities between India and Pakistan.
• It provides a mechanism for resolving disputes that may arise in water sharing, with a Permanent Indus Commission set up for dispute resolution.
• The treaty is crucial for agriculture in India and  Pakistan as millions of hectares of farmlands are irrigated by river Indus and its tributaries.
• The treaty is also significant for India as it provides an impetus to India for attaining Renewable energy goals  through run of the river projects.

Challenges/Issues

• Trust deficit: Due to a wide trust deficit between the two countries, there is a remote chance of Pakistan accepting India’s request to renegotiate to modify some of the provisions in the IWT.
• Water scarcity: The growing water scarcity in India and Pakistan is causing stress on the smooth working of the Indus Water Treaty.
• Climatic and environmental changes: Emerging climatic and environmental changes to the Indus basin rivers system are also causing problems in the working of the Indus Water Treaty.
• Settlement of disputes: Disagreements over the design features of two hydroelectric power plants, Kishanganga and Ratle.
  • Eg: Pakistan has complained that the Kishanganga Project affects its own Neelum Jhelum Hydropower Plant.
  • Also, it has frequently alleged that the Ratle Hydroelectric Project violates the Indus Waters Treaty.
• Reinterpretation of the treaty: Being a lower riparian state, Pakistan has faced issues on how to reinterpret the Indus Waters Treaty without giving up its water rights.

Way Forward

• Incorporate “equitable and reasonable  utilization” and the “no harm rule” in the IWT by creating better ties and enduring trust between India and  Pakistan. 
• There is a need to involve local stakeholders also in any negotiation process between India and Pakistan on shared water issues. 
• A  joint group comprising technocrats, climate experts,water managementprofessionals, and scientists from both countries can be set up to look at the core of theproblem.
• Need to update certain technical specifications and expand the scope of the agreement to address climate change.

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Related topics

Hydroelectric projects of India in the Indus River system recently in news

Kishanganga Project

• The Kishanganga Hydroelectric Project is a run-of-the-river hydroelectric project in Jammu and Kashmir.
• Its dam diverts water from the Kishanganga River to a power plant in the Jhelum River basin.
• It has an installed capacity of 330 MW.

Ratle Hydroelectric Project

• Ratle Hydroelectric Project (850 MW), is a Run of River Scheme located on River Chenab in Jammu and Kashmir.
• The project includes a 133 m tall gravity dam and two power stations adjacent to one another. The installed capacity of both power stations will be 850 MW.

Advantages of these projects:

• Provides renewable and sustainable sources of energy.
• The construction activities of the Projects will result in direct and indirect employment to thousands of people.
• Also,it will Increase disposable income which in turn will lead to socio-economic development of the region.

Permanent Court of Arbitration (PCA)

• The Permanent Court of Arbitration, established in 1899, is an intergovernmental organization providing a variety of dispute resolution services to the international community.
• The PCA has a three-part organizational structure consisting of an Administrative Council that oversees its policies and budgets, a panel of independent potential arbitrators known as the Members of the Court, and its Secretariat, known as the International Bureau, headed by the Secretary-General.

Reference

• https://mea.gov.in/bilateral-documents.htm?dtl/6439/Indus
• https://pib.gov.in/Pressreleaseshare.aspx?PRID=1565906
• https://pca-cpa.org/en/about/