SINCE the last few years, India has been demanding Pakistan to negotiate with it (India) over the Indus Water Treaty-1960 (IWT). Indeed, India desires to review and modify IWT whereas Pakistan demands its implementation in letter and spirit. As reported by the Indian Press, India has stopped the meetings of the Permanent Indus Commissioner (PAC). “There will be no more meetings of the Permanent Indus Commission (PIC) till the governments of India and Pakistan meet and discuss the renegotiation of the 64-year-old Indus Water Treaty.” Since January 2023, India has formally written four letters to Pakistan for initiation of the talks over IWT. Very recently, New Delhi has again written a letter to Islamabad, asking for “review and modification” in the treaty. In the latest letter, India asks for the negotiations as per Article XII (3) of the IWT-1960; renegotiating the water-sharing agreement, owing to the fundamental changes in the geopolitical and environmental landscape ever since the treaty was concluded in 1960. In response to the Indian letter, Pakistan has shown its willingness to discuss issues concerning the IWT with India. Nevertheless, these discussions and negotiations will be held within the existing framework of the IWT.
Going over to the past history of IWT, India has always been manipulating the water of three western rivers since decades, whose water is exclusively meant for Pakistan. It’s only in her latest move, India has demanded from Pakistan to re-negotiate the Indus Water Treaty 1960; a step towards further concessions for India. In the Indian official communiqué of 2022/23, India demanded Pakistan, “to enter into inter-governmental negotiations within 90 days to rectify the material breach of IWT. This process would also update IWT to incorporate the lessons learned over the last 62 years.” India has also asked the World Bank, the guarantor of IWT-1960 for the re-negotiations and modifications over the treaty. On its part, the World Bank has allowed two separate proceedings to address the concerns of both India and Pakistan. As per the spokesperson of the World Bank, any lack of success in finding an acceptable solution, despite the best efforts by all Parties involved over the past years would risk the IWT-1960.
In October 2022, Pakistan emphasized the United Nations to play a decisive role towards implementation of the Indus Water Treaty-1960 in letter and spirit. The implementation mechanism of IWT) has been under serious criticism ever since India started manipulating the water of three western rivers whose water is exclusively meant for Pakistan. Indeed, India has always interpreted the treaty for its own benefit and constructed water related facilities all along the western rivers which go against the essence of IWT-1960. Pakistan’s permanent representative to the UN, demanded world body that the despite many rounds of talks over IWT-1960, India has violated the treaty which seriously affects availability of water for its ( Pakistan) agriculture as well as drinking water requirements.
Pakistan has one of the largest irrigation systems in the world and “most of its freshwater resources are trans-boundary and therefore needed to be managed in a cooperative manner”. Over the years, India became a monster in South Asia, creating issues for almost all states including violation of IWT-1960. The Pakistani demand for the implementation of IWT-1960 includes; “Living Indus: initiative with 25 components covering sustainable development, zero carbon projects, restoring biodiversity, coastal zone management, expanding geographical outreach and scaling up ecosystem-based approaches. Unfortunately, in first two-decades of 21st Century, India successfully constructed three major dams along western rivers in violation of IWT-1960: 330 Megawatt Kishanganga Hydroelectric Project on Neelum River (tributary of Jhelum River) The 850 MW Ratle Hydroelectric power Plant on Chenab River in IIOJK, 900 MW Baglihar Dam (Baglihar Hydroelectric Power Project) on Chenab River in IIOJK.
Pakistan lost its cases against these projects at international forums, mainly owing to poor homework, unprofessional and compromising approach of officials related with this process and above all, owing, to criminal negligence of successive governments. Indeed, India has constructed dozens of water dams, storages and hydroelectric power projects on the western rivers, exclusively reserved for Pakistan. As per satellite imagery and other authentic sources, ‘India is in different phases of planning and construction of some 60 storages of varying capacity over the Indus Rivers system.’ This process allowed India a leverage of water manipulation (increase/decrease in downstream flow) as per its convenience, ignoring the Pakistani needs of water.
As per past practices, India has been manipulating the flow of water, allowing reduced water down stream flow during irrigation and increase flow during monsoon, thus causing flood in low lying areas of Pakistan. There are two different interpretations of IWT-1960 by India and Pakistan. In the Pakistani interpretation, the water of Indus, Chenab and Jhelum are exclusively reserved for Pakistan; therefore, India has no right over their water. The Indian interpretation, however, differs and it considers that IWT allows other uses of the water of these rivers like construction of hydro-electric plants, dams and even water storages. IWT also binds India to leave a certain amount of water in the eastern rivers for the maintenance of environment along the old bed of eastern rivers which it (India) has always violated.
Since the decade of 1990, Indian attitude has been against the implementation of IWT in letter and spirit. The gradual constriction of dams, hydroelectric projects and water storages are aimed to control the water sources of western rivers and compelling Pakistan either to accept the Indian hegemony or else request the World Bank for arbitration. There is a dire need that Pakistan should devise strategies to effectively counter the Indian water aggression and her latest efforts to abrogate the IWT-1960. Any negotiations and review in the treaty should be within the framework of IWT-
The writer is Professor of Politics and IR at International Islamic University, Islamabad.
