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What's the article about?
- It talks about the Indus Waters Treaty and the India-Pakistan Water Dispute.
Relevance:
- GS2: Bilateral, Regional and Global Groupings and Agreements involving India and/or affecting India’s interests;
- Prelims
Context:
- The Indus Waters Treaty (IWT) is a water-distribution treaty signed in 1960 between India and Pakistan, mediated by the World Bank.
- It aims to allocate the waters of the Indus River system between the two countries.
- However, the treaty has become a source of contention, particularly regarding India's hydropower projects in Jammu and Kashmir.
- This article analyzes the key issues and challenges surrounding the treaty and the ongoing water dispute between India and Pakistan.
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Hydro Power Projects in Jammu and Kashmir:
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Analysis:
- Equitable Allocation and Exclusive Rights:
- The IWT follows the principle of equitable allocation, granting both India and Pakistan exclusive rights to utilize the rivers allocated to them without harming the interests of the other party.
- India has unrestricted use of the three eastern rivers (Ravi, Beas, and Sutlej), while Pakistan enjoys similar rights over the three western rivers (Indus, Jhelum, and Chenab).
- India is allowed to store 3.60 million-acre feet (MAF) of water, with sector-wise allocations for conservation storage, power storage, and flood storage.
- The Issue of India's Hydel Projects:
- The core of the current dispute between India and Pakistan revolves around the Kishanganga and Ratle hydroelectric power plants in Jammu and Kashmir.
- India considers these projects crucial for energy needs and regional development, while Pakistan has raised objections, citing violations of the treaty and potential negative effects on its water supply.
- Legal Proceedings and Dispute Resolution:
- Pakistan first raised concerns over the Kishanganga project in 2006 and the Ratle project in 2012. The dispute on the Kishanganga project was taken to the Court of Arbitration (CoA) in 2010.
- The CoA ruled that the project is a run-of-river dam and India can divert water from the river Kishanganga/Neelum for power generation, but it must maintain a minimum flow of water in the river.
- Despite attempts at resolution, the two countries have been unable to resolve the issues relating to pondage and spillway configuration.
- Pakistan has accused India of violating the IWT and the court's verdict, leading to the involvement of the World Bank and the appointment of a neutral expert and a chairman for the CoA.
- The World Bank paused the works on the Kishanganga and Ratle projects “to allow the two countries to consider alternative ways to resolve their disagreements”
- However, works on the Kishanganga continued, and in 2018, Prime Minister Narendra Modi inaugurated the Kishanganga project
- India's Stand and Trust Deficit:
- India has abstained from participating in the proceedings at the Permanent Court of Arbitration (PCA) and has expressed its objection to being compelled to recognize or participate in “illegal and parallel proceedings not envisaged by the Treaty.”
- India has been participating in the proceedings of the neutral expert, but there is a wide trust deficit between the two countries, making it unlikely for Pakistan to accept India's request to renegotiate the provisions of the IWT.
- Recommendations for Resolving the Dispute:
- To address the water dispute and improve the effectiveness of the IWT, several recommendations have been made:
- Incorporate “equitable and reasonable utilization” and the “no harm rule” in the IWT.
- Involve local stakeholders and establish a joint group of technocrats, climate experts, water management professionals, and scientists from both countries to address the core issues.
- Explore cooperation arrangements mentioned in Article VII of the IWT to recognize the common interest in the optimum development of the Indus Rivers System.
- Consider reviewing and amending the IWT to account for changes in the situation in the Indus River Basin region, but any modifications should be made with mutual trust between the two riparian countries.
- To address the water dispute and improve the effectiveness of the IWT, several recommendations have been made:
Way Forward:
- The Indus Waters Treaty has been a significant framework for water distribution between India and Pakistan.
- However, the ongoing water dispute and the challenges surrounding India's hydropower projects highlight the need for revisiting and strengthening the treaty.
- Resolving the trust deficit, involving local stakeholders, and exploring cooperation arrangements can contribute to a more sustainable and peaceful resolution of the water dispute between the two countries.
