Nawazish Ali Gondal
India’s violation of the Indus Waters Treaty has no standing under international law.
It is not only unlawful but entirely illegitimate, directly breaching binding treaty obligations, established international legal principles, and universally recognised human rights. The treaty is not a political arrangement that can be suspended or reinterpreted at will. It is a carefully negotiated, internationally guaranteed framework that remains in force regardless of regional tensions or unilateral actions. Undermining it affects not only Pakistan but also weakens the credibility of international treaties and sets a dangerous precedent for managing shared water resources.
Pakistan’s position on this issue is increasingly recognised in international discourse. Leading publications have highlighted the legal and moral flaws in India’s conduct. A recent report in the American journal The National Interest strongly supports Pakistan’s stance, making clear that treaty violations cannot be justified through political rhetoric or security claims. The journal warns that India’s unilateral suspension of the treaty marks a dangerous turn in South Asia’s water politics and could destabilise an already tense region.
The report points to projects such as India’s Dulhasti Stage II initiative as clear departures from treaty obligations. It also notes that the deliberate withholding of hydrological data violates international law. More broadly, it signals a worrying trend in which water is treated as a strategic weapon rather than a shared resource. This approach risks turning existing water shortages into a major humanitarian crisis. Millions of lives, especially in Pakistan’s agrarian communities that rely on river water for irrigation, could be at risk. Water is not merely a domestic issue. It is a matter of international law, ethics, and survival.
The National Interest also reminds readers that international arbitration has already confirmed India has no legal authority to suspend the treaty unilaterally. Signed in 1960, the Indus Waters Treaty has long provided a stabilising framework for water sharing between India and Pakistan, surviving wars, political crises, and decades of tension. Its binding legal status is clear. Any attempt to weaken it undermines not only the treaty itself but also the broader principle that agreements between sovereign states must be respected. Beyond legality, the treaty is a cornerstone of food security in the region, ensuring Pakistan’s agriculture and the livelihoods of millions remain protected. Violating it is not a technical matter; it is a direct threat to survival.
As a lawyer, I often reflect on this issue and urge my colleagues to engage with it seriously. Legal education must go beyond statutes and case law. It must address disputes of profound national importance. Among the most critical of these is the Indus Waters Treaty and the complex legal questions it raises. This is not a marginal dispute. For Pakistan, an agrarian country where water is among the most vital resources, it is a question of life and survival.
These issues should be part of the national curriculum so that younger generations understand what is at stake. Law students must study the legal dimensions of water disputes, including state obligations under international treaties and the consequences of violations. The legal community itself must also engage actively with these matters. Understanding how India, in violation of international law, has subjected Pakistan to sustained water aggression is essential for cultivating informed, capable lawyers.
Integrating the Indus Waters Treaty and related legal issues into education would serve multiple purposes. It would raise awareness of Pakistan’s rights under international law, develop analytical and advocacy skills among young lawyers, and foster a sense of national responsibility toward critical resources. It would also ensure that lawyers and civil society remain vigilant in defending the country against attempts to exploit water as a geopolitical tool.
Water is not just a resource; it is the lifeblood of Pakistan. The Indus Waters Treaty is more than a legal document. It is a shield that protects agriculture, food security, and the survival of millions. Ignoring its importance underestimates the stakes. Reporting in The National Interest affirms what Pakistan has long maintained: the treaty is binding, and any violation is both unlawful and morally indefensible. The international community recognises this. Pakistan’s lawyers must do the same, defending the country’s rights through informed legal reasoning and public advocacy.
India’s actions under the Indus Waters Treaty pose a direct threat to Pakistan’s survival and livelihoods. Pakistan must prepare its legal minds to understand, articulate, and defend its rights under the treaty. Protecting these rights is a matter of survival, requiring clear legal understanding and steadfast action against water aggression.
—The writer is a lawyer , based in
Islamabad.
