Overview of the Indus Waters Treaty (IWT)

The Indus Waters Treaty (IWT) is a water-sharing agreement between India and Pakistan, mediated by the World Bank, which was signed in 1960. It was designed to distribute the water from the Indus River Basin between the two nations for peace and regional stability.

Historical Context

• The Partition of British India in 1947 led to a complex distribution of the Indus river system, with India controlling the headworks crucial for irrigation and Pakistan being downstream.
• In 1948, India briefly stopped water supply to Pakistan, creating a crisis that led to the necessity of a formal agreement.

Treaty Provisions

• The eastern rivers—Ravi, Beas, and Sutlej—were assigned to India.
• The western rivers—Indus, Jhelum, and Chenab—were allocated to Pakistan, with India allowed certain non-consumptive uses like hydropower generation, provided specific conditions were met.

Durability and Challenges

• The treaty has survived multiple wars and diplomatic breakdowns due to its technical nature and dispute resolution mechanisms, which include consultations, expert analysis, and arbitration.
• Recent scrutiny of the treaty by India is a response to terrorist attacks by Pakistan-based groups, raising discussions about using water as leverage.

Hydroelectric Projects and Disputes

• Projects like Kishanganga and Ratle have been contentious, with disputes raised by Pakistan over compliance with treaty provisions.
• The Court of Arbitration allowed India to proceed with the Kishanganga project under certain conditions, while the Ratle project remains under legal scrutiny.

International Context and Precedents

Water disputes are not unique to South Asia. Europe and Southeast Asia provide examples of how legal frameworks and multilateral dialogue can manage and resolve water-related conflicts.

Lessons from Other Regions

• The Gabčíkovo–Nagymaros case between Hungary and Slovakia highlighted the importance of legal frameworks over unilateral action.
• The Mekong River Commission has successfully averted conflict through transparency and data-sharing among Laos, Cambodia, Vietnam, and Thailand.

Potential Consequences of Treaty Withdrawal

• Unilateral withdrawal from the IWT could lead to international censure and damage India's reputation as a responsible power.
• It could alarm neighboring countries like Nepal and Bangladesh, affecting future water cooperation.

Legal and Ethical Considerations

• The IWT is a binding international treaty with no provisions for withdrawal, as per the Vienna Convention on the Law of Treaties.
• Using water as a weapon raises ethical issues, potentially harming downstream communities and violating moral norms.

Conclusion

While India can maximize its usage under the IWT, abandoning the treaty may undermine decades of diplomacy and set a dangerous precedent. The IWT remains a symbol of cooperation, illustrating that even adversarial nations can share vital resources peacefully.