Indus Water Treaty at 60: why there is a need to give it a fresh look

On september 19th 2020, it was the 60th anniversary of the Indus Water Treaty.
In this context, we shall analyse the history of the treaty, present possibilities and challenges and future of the treaty.

The Indus is the western most River system in the subcontinent. Jhelum, Chenab, Ravi, Beas and Satluj are its main tributaries.
The Indus originates from the Bokhar Chu (glacier) in the northern slopes of Mt. Kailash (6714m). It drains the largest number of glaciers and mountain slopes of the Karakorum, Ladakh, Zaskarand Himalayan Ranges.
In Ladakh it follows a long nearly straight course between the Ladakh range and the Zaskar range.
The River passes by the Nanga-Parvat and turns south-west to enter Pakistan.

Since the Indus is a transboundary river, it was essential for India and Pakistan to reach a negotiation on sharing the water of the river Indus after the partition of 1947.
Hence Indus Waters Treaty was signed on September 19, 1960, between India and Pakistan and brokered by the World Bank. The treaty fixed and delimited the rights and obligations of both countries concerning the use of the waters of the Indus River system.

The treaty gave the waters of the western rivers—the Indus, Jhelum, and Chenab—to Pakistan and those of the eastern rivers—the Ravi, Beas, and Sutlej—to India.
The treaty required the creation of a Permanent Indus Commission, with a commissioner from each country, in order to maintain a channel for communication and to try to resolve questions about implementation of the treaty. In addition, a mechanism for resolving disputes was provided.
The treaty financed countries to build dams and canals. Pakistan has built multiple dams on the river Jhelum and Chenab and India too constructed Indira Gandhi canal (rajasthan Canal) and Bhakra Dam post this treaty.

Though this process and treaty exists, Pakistan has consistently opposed any projects by India on Indus and its tributaries in the country particularly on Jhelum and Chenab.
Pakistan has politicised the issues of the river and even in India voices are heard to abrogate the Indus treaty against Pakistan’s terrorist activities.

Yes, India can withdraw from the treaty under Vienna Convention on the Law of Treaties, but India has withheld its stand as India respects its signatory and values trans-boundary rivers as an important connector in the region in terms of both diplomacy and economic prosperity.

Article XII of the Indus Water treaty gives space for modifications but only when both the countries have agreed to it. Hence India is now thinking to put some negotiations on the table.
Apart from this India is thinking to fully use the clauses and powers given under this treaty. For example, India is allowed to use 3.6 million acre feet (MAF) of western rivers, but today’s infrastructure allows them to use only 2-3 MAF of water. Hence, the country is preparing to utilise remaining water.
Also around 11 GW of electricity can be produced from the western rivers, but only around 3GW is being harnessed. Hence hydroelectric projects are being formulated on these rivers.
The ultimate aim of the treaty is peaceful use of water bodies and prosperity on both sides. The mechanism should be strengthened by the political will of both the countries.

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