Bring out the need behind and political implications ahead of India’s decision to suspend the Indus Water Treaty following the recent terror attack.
The Indus Waters Treaty (IWT), which has survived four wars, decades of cross-border terrorism against India by Pakistan, and a long history of antagonism between the two countries, was suspended for the first time by India following the inhumane terrorist attack on innocent civilians in Pahalgham of Jammu & Kashmir.
As per IWT, 1960, all the water of the “Eastern Rivers” of the Indus system — Sutlej, Beas and Ravi — shall be available for the “unrestricted use” of India. Pakistan shall receive water from the “Western Rivers” — Indus, Jhelum, and Chenab. It is mediated by the World Bank and dispute on the treaty is to be resolved through the Permanent Court of Arbitration.
Need and significance of such an action:
- It is one among the slew of diplomatic actions against Pakistan announced by India — including the closure of the Attari border post, cancellation of visas, and the expulsion of several Pakistani personnel from India, following the Pahalgam terror attack.
- The decision to suspend the IWT will straightaway give more options to New Delhi on how to use the waters of the Indus river system.
- Following this, India can immediately stop sharing water flow data with Pakistan. There will be no design or operational restrictions on India for the use of the water of the Indus and its tributaries. Also, India can now create storage on the Western Rivers, Indus, Jhelum and Chenab.
- India can also stop visits by Pakistani officials to the two hydroelectric projects currently under construction in Jammu & Kashmir — the Kishenganga HEP on Kishenganga, a tributary of the Jhelum, and the Ratle HEP on the Chenab
- India can undertake reservoir flushing (a technique used to remove accumulated sediment from reservoirs by releasing water through low-level outlets to scour out the sediment and transport it downstream) on the Kishenganga project, which will increase the life of the dam.
- However, the suspension will not have an immediate impact on the flow of water to Pakistan for a few years at least. India does not currently have the infrastructure to either stop the flow of water into Pakistan, or to divert it for its own use.
Political and Other implications of this action of ours:
- As per Article IX, Annexure F and G of IWT, the procedures for raising grievance consist of first before the Permanent Indus Commission, then a neutral expert, and eventually, a forum of arbitrators. (Pakistan is yet to issue an official response to India’s suspension of the IWT.
- Nor can Pakistan approach the International Court of Justice seeking specific performance to implement the Treaty because of the Indian reservation given under the ICJ statute that bars the filing of a case by Pakistan against India. In other words, Pakistan will not be left with any peaceful mechanism for seeking performance of the treaty by India.
- Since the Indus Water Treaty does not contain provisions regarding suspension, this action of India may not provide Pakistan with enough options of a peaceful recourse.
- As usual Pakistan may paint that India is acting against the principles of dialogue based resolution.
Way Forward:
- Building an International campaign against the state sponsored terrorism strategy of Pakistan.
- Persuading International organizations like FATF, in order to restrict financial support to Pakistan which are more often used for such violent purposes.
- Immediately organizing a high level dialogue mechanism between India and Pakistan to bring in ultimate peace in that region.
Source: Indian Express