Relevance: GS-2: Important International institutions, agencies and fora- their structure, mandate

Key Phrases: Indus Commissioner, Arbitration mechanism, Indus Waters Treaty, 1960, Tulbul Navigation Project

Why in News ?

• India’s Indus Commissioner P.K. Saxena said on Wednesday, the annual meeting of the Permanent Indus Commission between India and Pakistan is due, but no schedule has been finalised as of now.
• Under the Indus Water Treaty, it is mandatory to hold a meeting at least once every year ending March 31.

Key Points

1. Under the provisions of the Indus Waters Treaty, signed between India and Pakistan in 1960, all the waters of the eastern rivers — the Sutlej, Beas, and Ravi — amounting to around 33 MAF (million acre-feet) annually is allocated to India for unrestricted use.
2. The waters of western rivers — Indus, Jhelum, and Chenab — amounting to around 135 MAF annually are largely for Pakistan.
3. Under the Treaty, India has been given the right to generate hydroelectricity through a run of the river projects on the western rivers subject to specific criteria for design and operation.
   • India has cleared several hydropower projects in Ladakh: Darbuk Shyok, Nimu Chilling, Ratan Nag, Kargil Hundermanand Tamasha.
4. It also gives the right to Pakistan to raise concerns on the design of Indian hydroelectric projects on western rivers.
5. It is a treaty brokered by the World Bank and signed by then Prime Minister Jawaharlal Nehru and Pakistan’s President Ayub Khan which administers how the waters of the Indus and its tributaries that flow in both the countries will be utilised.
6. The Treaty also provides an arbitration mechanism to solve disputes amicably.There have been disagreements and differences between India and Pakistan over dams.

About the Permanent Indus Commission:

• It is a bilateral commission of officials from India and Pakistan, created to implement and manage goals of the Indus Waters Treaty, 1960.
• The Commission, according to the treaty, shall meet regularly at least once a year, alternately in India and Pakistan.
• The functions of the Commission include:
  1. To study and report to the two Governments on any problem relating to the development of the waters of the rivers.
  2. To solve disputes arising over water sharing.
  3. To arrange technical visits to projects’ sites and critical river head works.
  4. To undertake, once in every five years, a general tour of inspection of the Rivers for ascertaining the facts.
  5. To take necessary steps for the implementation of the provisions of the treaty.

Can India stop water flow to Pakistan?

• No. Not as per the treaty.
• What India can do is to reduce the water flow to Pakistan by utilizing the provisions of the treaty.
• But any project which may affect water flow will take time for implementation, considering the cost and objections involved.
• Pakistan has reportedly objected to five Indian hydro power projects, and the Wullar Barrage (Tulbul Navigation Project) which must be settled before India can resume work on them.

Can India walk out of the pact unilaterally?

• The treaty has no provision for either country unilaterally walking out of the pact.
• Article XII of the treaty says “The provisions of this Treaty, or, the provisions of this Treaty as modified under the provisions of Paragraph (3), shall continue in force until terminated by a duly ratified treaty concluded for that purpose between the two governments.”
• Still if India wants to go about abrogating it, the country should abide by the 1969 Vienna convention on the law of treaties.

Arguments by Experts: India should abide with the treaty

• Breaking the Indus Water Treaty doesn’t make any sense as India at present does not have enough infrastructure to use the additional water available.
• It may create flood in the Kashmir valley as well.The decision of not giving water to Pakistan may further enrage the terror elements in the country, making them intensifying their attacks on India.
• The Indus Water Treaty (IWT) was meant to reduce hostilities between India and Pakistan. It should be kept in the same spirit.
• India has always dealt with security and water issues separately with Pakistan.
• 80% of Pakistan’s 21.5 million hectares of farmland is irrigated by river Indus and its tributaries. Reducing the water flow to Pakistan will unleash havoc there (especially in Punjab and Sindh province).
• Not respecting the Indus Water Treaty, may invite global condemnation to India as the treaty is an international agreement.
• The Kashmir issue will get a whole new dimension if India withdraws from the treaty. Not only this, it would trigger the formal beginning of water wars.
• India, aspiring for a seat in the UNSC, should safeguard rather than violate bilateral treaties.
• The approach of the government should be to utilize provisions available in the Indus Water Treaty itself. But building infrastructure across Indus will take time.
• Neighbours like Nepal and Bangladesh with whom we have water treaties may turn skeptical.There are concerns that China may also block the water of Brahmaputra to Assam.
• The Kashmir issue will get a whole new dimension if India withdraws from the treaty. Not only this, it would trigger the formal beginning of water wars.
• India, aspiring for a seat in the UNSC, should safeguard rather than violate bilateral treaties.
• The approach of the government should be to utilize provisions available in the Indus Water Treaty itself. But building infrastructure across Indus will take time.

Conclusion

• India has never used our rights on the western rivers.
• Under the Indus Water Treaty, we can make use of the waters of the western rivers for irrigation, storage, and even for producing electricity, in the manner specified.
• If we just do what we are entitled to under the Treaty, it would be enough to send jitters through Pakistan. It would be a strong signal without doing anything drastic.

Mains Question

Q. Called as Good Gesture, India’s continuance with Indus Waters Treaty has been vital for its foreign policy matrix. Examine. Also give reasons why India should abide by the treaty despite deterioration in Indo-Pak relations. (15 Marks)

Source: The Hindu BL