Sample Lecturette 5: Indus Waters Treaty | Preparation Tips for SSB Interview - CDS PDF Download

Introduction

The Indus Waters Treaty (IWT) is an agreement signed on 19th September 1960 between India and Pakistan to distribute water resources. It was signed by Indian Prime Minister Jawaharlal Nehru and Pakistan's President Ayub Khan, with the mediation of the World Bank.

The Rivers:
The treaty focuses on the Indus River and its five tributaries, which are divided into two categories:

EASTERN RIVERS:

1. Ravi
2. Beas
3. Sutlej

WESTERN RIVERS:

• Indus
• Chenab
• Jhelum

Details of Indus Water Treaty:

• The treaty allows unrestricted use of water from the eastern rivers within India.
• India must allow non-restricted water flow from the western rivers to Pakistan.
• However, India is allowed to use water from the western rivers for "non-consumptive" needs, such as irrigation, storage, and electricity production.
• The treaty allocates approximately 80% of the water from the six rivers to Pakistan.
• To implement and manage the treaty, a Permanent Indus Commission was established as a bilateral commission between the two countries.
• It's worth noting that China, despite the Indus River originating from Tibet, is not part of the treaty.

India-Pakistan Disputes Connecting Indus Treaty:

India and Pakistan have had ongoing disputes related to the Indus Treaty. In 1948, India initially cut off the water supply to Pakistan through all the canals, but later restored it. Pakistan accused India in 1951 of cutting off water to several villages such as Wagha and Bhaun. In 1954, the World Bank devised a water-sharing strategy for both countries.
The Indus Waters Treaty was established in 1960. During the 1970s, India began constructing hydropower projects in Kashmir, causing concerns for Pakistan. In 1984, Pakistan objected to India's construction of the Tulbul navigation project on the Jhelum River, leading India to halt the project unilaterally. In 2007, Pakistan raised objections to the Kishanganga hydroelectric plant.
In 2008, Lashkar-e-Taiba initiated a campaign against India, with its leader Hafiz Saeed accusing India of engaging in water terrorism. In 2010, Pakistan accused India of consistently obstructing water supply, resulting in floods and droughts. In 2016, India reviewed the functioning of the Indus Waters Treaty, linking it to cross-border terrorism such as the Uri attack.

Indus Water Treaty: Global Outlook

The Indus Water Treaty is considered a highly successful global water-sharing agreement. For 59 years, India and Pakistan have peacefully shared the water from the Indus and its tributaries. The treaty was necessitated due to the disputes between the two countries. Following the cross-border Uri attack in 2016, Indian Prime Minister Narendra Modi stated, "Blood and Water cannot flow simultaneously." Despite the issues between India and Pakistan, there have been no conflicts over water since the treaty's establishment. Many disagreements and conflicts have been resolved through the legal procedures outlined within the treaty framework.

Cutting off the water supply: Possibilities

The treaty does not allow any country to do so. India can reduce the water supply to Pakistan by using the provisions of the treaty. However, implementing any project that would affect the water flow will take time due to cost and objections. Pakistan has raised objections to 5 hydropower projects and the Wullar Barrage (Tulbul Navigation Project), which need to be resolved before India can resume work on them. 

Walking out of the Pact: Implications

Withdrawing from the Pact: Consequences
The treaty does not provide a way for either country to unilaterally withdraw from it. According to Article 12 of the treaty, "The provisions of the treaty mentioned in Paragraph (3) will remain in effect until a duly ratified treaty is concluded between the two governments for that purpose." However, if India still wishes to terminate it, the country must comply with the 1969 Vienna Convention on the Law of Treaties.

Projects by India

• The Tulbul project or Wullar Barrage is situated on the Jhelum river in Jammu and Kashmir.
• India refers to it as the Tulbul Navigation Project, while Pakistan calls it the Wullar Barrage.
• India proposed the construction of the Tulbul project, which would serve as a "navigation lock-cum-control structure" at the mouth of the Wullar lake on the Jhelum river.
• The project ensures a release of water from the lake to maintain a minimum depth of 4.5 feet in the Jhelum river.
• Pakistan protested against the project, claiming that it violates the Indus Water Treaty of 1960.
• Pakistan believes that India could use the project to control the water flow and wield it as a geo-strategic weapon against them.
• The project has the potential to disrupt Pakistan's Triple Canal Project.
• India unilaterally suspended the Tulbul project in 1987 due to the objections.
• Despite Pakistan's objections, the decision to review the suspension indicated the Modi government's intention to revive the project.

Projects by Pakistan

Pakistan carried out the construction of the Left Bank Outfall Drain (LBOD) project with the support of the World Bank, without obtaining consent from India.
The LBOD project passes through the Great Rann of Kutch area in Gujarat, India. Its purpose is to divert the salt and impure water, unsuitable for agricultural use, away from the Indus delta and towards the sea through the Rann of Kutch area.
Due to breaches in its left bank caused by floods, the LBOD water enters Indian territory instead of joining the sea via Sir Creek as planned. As a result, the water released by the LBOD is causing floods in India and contaminating water sources used by salt farmers across a wide area.
According to the treaty, Pakistan is obligated to provide India with all the necessary details about the engineering work carried out in the Indus basin, specifically in the lowermost riparian region of Gujarat. Until the disputes are resolved through arbitration, Pakistan should not proceed with the project works.

IWT: Matters Beyond

Beyond the Indus Waters Treaty (IWT):

• The Indus River originates in Tibet, China. Any decision by China to alter the course or restrict the flow of the river would impact both India and Pakistan.
• The melting of ice in the Tibetan plateau, caused by climate change, is expected to affect the river in the near future, according to scientists.

Cross- Border Terrorism

• The Indus Water Treaty (IWT) was created to maintain peace and friendly relations between India and Pakistan, and we should uphold its spirit.
• India has always dealt with security and water matters concerning Pakistan separately.
• According to statistics, around 80% of Pakistan's 21.5 million hectares of farmland relies on the Indus river and its tributaries for irrigation. If we reduce or stop the water flow to Pakistan, it will cause significant damage, particularly in Punjab and Sindh province.
• Breaking the Indus Water Treaty would not be a sensible decision since India currently lacks the necessary infrastructure to make use of the additional water. This could result in flooding in the Kashmir valley.
• Deciding to cut off water supply to Pakistan may worsen the terrorist activities in the country.
• Disregarding the Indus Water Treaty could lead to global criticism of India, as the treaty is an international agreement. This could harm India's global reputation, which is not ideal for a developing nation like ours.
• Neighboring countries such as Nepal and Bangladesh, with whom we have water treaties, may start doubting our reliability.
• There are concerns that China might also block the flow of the Brahmaputra River to Assam.
• If India withdraws from the treaty, the Kashmir issue will take on a whole new dimension, with accusations of water terrorism from terrorist groups and Pakistan.
• As India aspires for a seat in the UNSC, we should safeguard our bilateral treaties.
• The government's approach should be to utilize the provisions outlined in the Indus Water Treaty and plan for the construction of infrastructure along the Indus, recognizing that this will take time.

Conclusion

• In summary, India has never used its rights over the rivers in the west. According to the Indus Water Treaty, we can utilise the waters from these rivers for irrigation, storage, and generating electricity, following the specified guidelines. Simply by exercising our rightful actions under the Treaty, it would be sufficient to unsettle Pakistan across the border. This would send a powerful message without resorting to significant measures.
• However, India has consistently adopted a more magnanimous approach and pursued actions that promote mutual benefits, aiming for regional peace.