Indus Waters Treaty (IWT) Overview

The Indus Waters Treaty (IWT) is often highlighted in international circles as a remarkable example of river water sharing due to the scale of involvement and the hostility between its signatories, India and Pakistan. However, the treaty was more about partitioning rather than sharing the rivers of northwestern India, giving Pakistan almost exclusive rights to the waters of the three rivers in Jammu and Kashmir.

Treaty Provisions

• The treaty provides for data exchange, cooperation, and a Permanent Indus Commission for issue resolution.
• India was granted full rights to the eastern rivers (Ravi, Beas, Sutlej), while Pakistan received the waters of the western rivers (Indus, Jhelum, Chenab) with limited provisions for India's agricultural and hydroelectricity use.
• The treaty allows Pakistan to inspect Indian constructions on these rivers and invoke dispute settlement processes through a Neutral Expert or a Court of Arbitration.
• The World Bank acts as the treaty’s custodian with the authority to appoint adjudicators.

Historical Context and International Law

• When the IWT was signed, the international law regarding river water sharing was not codified. The United Nations General Assembly initiated the codification process in 1970.
• The resulting UN Watercourses Convention was adopted in 1997 but only came into force in 2014, with India, China, and Pakistan abstaining from ratification.

Challenges and Disputes

Despite the treaty seeming equitable, it faced several challenges, particularly due to Pakistan’s non-cooperative stance:

• Pakistan raised objections to several Indian projects, such as the Salal Hydroelectric Project, the Tulbul Navigation Project, and the Baglihar Project, often leading to international arbitration.
• During the Kishanganga project initiation, Pakistan sought a Court of Arbitration, resulting in some design modifications being upheld.
• The lack of an exit clause in the treaty is a significant issue, as seen in other treaties like the Columbia River Treaty between the US and Canada, which allows for termination under certain conditions.

Current Situation and Recommendations

• India has recently declared the treaty in abeyance, seeking a full-scale revision of the treaty to address the unfairly high share of water awarded to Pakistan.
• Potential solutions include strengthening India’s position by possibly abrogating the treaty, although this may provoke a hostile reaction from Pakistan.

This analysis highlights the need for cooperative engagement and possible treaty amendments to ensure equitable water distribution and harmonious relations between India and Pakistan.