Introduction
Water is the basis of biological sustenance, without which no civilisation can sustain. Access to clean and safely managed water is therefore a human right, not a privilege.
According to the United Nations Development Programme (UNDP) —
One in four people still lives without safely managed water services or clean drinking water. Approximately 4 billion people live with severe water scarcity for at least one month of the year, and about half a billion people face water scarcity year-round.
The water crisis is not an isolated issue but a global challenge. It calls for effective governance not just within the local governments and authorities of a country but transnationally as well.
International Water Governance refers to this process of decision-making, formulation, and implementation of policies pertaining to the use, management, and distribution of transboundary water resources.
Peace and cooperation on matters of conflict over water are hard to reach and much harder to maintain. Treaties, multilateral agreements and conventions often govern transboundary waters; one such example of a successful bilateral water-distribution treaty is the Indus Water Treaty (the IWT) of 1960 between India and Pakistan over the regulation and use of the Indus River Basin and its tributaries.
Indus Water Treaty
The Indus Water Treaty was signed in 1960 in Karachi between India and Pakistan as facilitated by the World Bank (erstwhile International Bank for Reconstruction and Development or IBRD). It demarcates the sharing and usage of the Indus River and its major tributaries, categorised into “eastern” and “western” rivers for Indian and Pakistani use, respectively.
The Indus River flows mainly from Tibet and the Himalayan regions of India’s Himachal Pradesh and Jammu and Kashmir and across Pakistan’s Punjab and Sindh before emptying into the Arabian Sea through Karachi.
Of the six major tributaries of the Indus River— the Beas, Ravi and Sutlej are the “eastern rivers” and the Indus, Chenab and Jhelum are the “western rivers”. The former is for India’s exclusive use after Pakistan’s permitted water use, and the latter is for Pakistan’s exclusive use after the criteria of India’s permitted use are met.
As a result, the split was made in the ratio of about 20:80 of the total water flow from the Indus system in favour of Pakistan. Pakistan has unrestricted access to the waters of the western rivers for agricultural, domestic, and industrial purposes.
India too is permitted to use a limited amount of water from these rivers, apart from the eastern rivers, for specified purposes, such as irrigation and power generation. It also lays down detailed regulations for India in building projects over the western rivers.
Historical context and Security concerns
As the partition of British India took place on religious lines instead of geographic factors, the division of the historically integrated water system in a manner satisfactory to both countries was a challenging feat. Although most of the river naturally flows through the regions of Pakistan, it primarily originates from India before it enters the former. Hence, Pakistan is the downstream nation of the Indus River. This places Pakistan in a vulnerable position, exposed to the risks of India causing artificial droughts or flooding of its arable lands, which may be used as leverage to control water and food security in times of hostilities.
According to Pakistan, it was entitled to all the waters of the Indus and its tributaries due to its historical right before or until the partition, also highlighting the threat of severe water scarcity without the continuous flow of the rivers. Whereas India insisted that the waters be equitably distributed on a new post-partition basis by proposing for the first time the separate rationing of the western and eastern rivers between the two nations. Ergo, paving the way for arguably one of the most successful, long-standing bilateral agreements struck between any two agnostic states.
Provisions and Objectives of IWT
In 1952, with the World Bank as the mediator, a Working Party consisting of Indian, Pakistani, and World Bank engineers was formed to draw up a cooperative plan for the use, allocation and distribution of the disputed waters. After almost eight long years of negotiations, the Indus Water Treaty was finally ratified in 1960.
The main provisions of the IWT are as follows:
- Water distribution:
India and Pakistan received approximately 30% and 70% of the total waters of the Indus rivers located in India. India’s eastern rivers have a mean annual flow of 40b/m3 while the western of Pakistan have an MAF of 100b/m3.
- Regulation of water use:
Use of waters of the eastern and western rivers are explicitly demarcated between India and Pakistan while limited usage of the other country’s rivers is also permitted for specific purposes that are of non-consumptive nature, like hydropower generation, fishing, etc.
- Water rights:
According to IWT, although the liberty to use unutilized water of the other country exists, the right over the water is not forfeited over time, even in case of repeated underutilization.
- Conflict resolution:
A Permanent Indus Commission (PIC) comprising commissioners from both India and Pakistan is provided for by the Treaty. The PIC serves as a forum for the exchange of hydrological data, information, and views on the implementation of the treaty and the resolution of disputes.
Aftermath
The treaty has survived several border skirmishes, terror attacks including the 26/11, and even two full-fledged wars in 1965 and 1971. The terms of water sharing as agreed upon have been adhered to despite such hostilities.
After the 2016 Uri Attack on an Indian Army base in Jammu and Kashmir and the 2019 Pulwama Attack, threats of revoking the Treaty have been made by India but never materialised, as the Treaty continues to remain intact. However, according to the IWT, the bombing or destroying of dams, barrages, power stations, etc. located in the Indian part of the Indus basin by Pakistan violates the Treaty which can lead to its abrogation.
Despite Pakistan’s repeated violation of the Treaty by using groundwater of Ravi and Sutlej areas of India for various uses before they cross into its area, and by constructing river training works to reduce river flooding in Pakistan and enhance flooding in India’s Great Rann of Kutch area; no concerns have been raised by the latter hereto.
With the Treaty in place, several projects have been undertaken on the allotted rivers, India has constructed the Bhakra-Nangal and Salal dams for hydroelectric power generation. Pakistan constructed the Tarbela and Mangla Dams for water storage, irrigation, and hydropower generation.
Shahpur Kandi and Ratle Projects:
The Shahpur Kandi project of India over the Ujh river has been objected to by Pakistan for diverting waters of Ujh, a tributary of Ravi, an eastern river exclusive for India’s use. The dam was officially completed in February 2024.
India’s ongoing Ratle Hydroelectric Project on the Chenab also made headlines, for Pakistan’s objection to its construction in the Indian area after its funding was finally approved in 2021. The dam would have an 850 MW generative capacity, for which a limited reserve of water is required to be reserved. This alarmed Pakistan as it claimed it would pose a risk of possible weaponization of water supply by India in wartime situations. Disagreement over the summoning of a Neutral Expert or a Court of Arbitration as authorised by the Treaty for dispute resolution was settled in 2016 by the World Bank’s decision to let both motions proceed simultaneously. Later, India was allowed to construct the dam by the World Bank despite objections by Pakistan. The project is scheduled to commence operations in 2026.
A Blueprint for Transboundary Water Cooperation
The success of the IWT sets an example of how countries can overcome their political differences and contribute to an efficient system of shared resource governance. It successfully helped the Indian subcontinent evade a potential war between the two nuclear-armed states over the river basin, a model for other regions struggling with water scarcity and competition to follow.
Climate change coupled with the construction of dams and barrages for water storage and regulation carries heavy ecological repercussions like the disruption of river ecosystems, aquatic habitats, and biodiversity of the concerned region. Consequently, endangering the livelihood of the nearby occupants, even forcing them to relocate. Hence, such a cooperative regulatory mechanism must be in place to facilitate constructive dialogue towards incorporating environmental considerations into water management strategies to tackle and mitigate any negative repercussions.
The Indus Water Treaty has demonstrated its efficacy as a significant diplomatic agreement between the two neighbouring states, consistently withstanding various challenges over time. The treaty primarily emphasises the importance of cooperation and diplomacy in resolving transboundary water disputes while also establishing a foundation and providing scope for potential future collaboration in numerous domains of shared governance.
Proposals for its abrogation have been deemed impractical for both parties, as the treaty has endured for six decades. Nevertheless, there is a recognised need to re-examine, renegotiate, revise, and amend the long-standing Treaty to better address contemporary issues, including new ecological and climate change concerns, as well as evolving terms of negotiation.
References:
ET Online, (2024, February 26). India completely stops Ravi River water flow to Pakistan. Historical context and significance. The Economic Times. https://economictimes.indiatimes.com/news/india/india-completely-stops-ravi-river-water-flow-to-pakistan-historical-context-and-significance/articleshow/107980936.cms
Gupta, M.S. (2024, February 25). Shahpurkandi dam complete after 3 decades, will help check unutilised Ravi water flowing to Pakistan. The Print. https://theprint.in/india/governance/shahpurkandi-dam-complete-after-3-decades-will-help-check-unutilised-ravi-water-flowing-to-pakistan/1978380/
Gupta, S [The Print]. (2023, January 31). Understanding the Indus Waters Treaty & why India is pushing Pakistan for changes [Video]. YouTube. https://youtu.be/pVp93u2IgSg
MEA Media Centre, (1960, September 19). Bilateral/Multilateral Documents: Indus Waters Treaty. Ministry of External Affairs, Government of India (MEA, GOI). https://www.mea.gov.in/bilateral-documents.htm?dtl/6439/Indus
Samantha, P.D. (2023, January 31). The Indus Question: India, Pakistan and rivers of concern. The Economic Times. https://economictimes.indiatimes.com/news/india/analysis-india-pakistan-looking-to-exploit-resources-for-more-electricity/articleshow/97462196.cms
Times Now Digital, (2018, November 7). Pak ‘diplomatic sabotage’ busted: India to go ahead with Ratle hydroelectric project, govt to send team to J&K. Times Now. https://web.archive.org/web/20190225224015/https://www.timesnownews.com/india/article/pakistan-india-ratle-hydroelectric-project-indus-water-treaty-agreement-chenab-shahpur-kandi-dam-project-ujh-multipurpose-project-jammu-and-kashmir/310636
