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Indus Waters Treaty (IWT) UPSC NOTE

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  Why in News India served a formal notice under Article XII(3) of the Indus Waters Treaty (IWT) , signaling concerns over meeting its grow...

 Why in News

  • India served a formal notice under Article XII(3) of the Indus Waters Treaty (IWT), signaling concerns over meeting its growing domestic water needs sustainably.

  • Cross-border terrorism in Jammu and Kashmir is also impacting the smooth functioning of the treaty, preventing India from fully utilizing its water rights.

Indus Water Treaty

  • India and Pakistan signed the IWT in September, 1960 after nine years of negotiations, with the World Bank being a signatory to the pact.

  • The treaty sets out a mechanism for cooperation and information exchange between the two sides on the use of the water of the Indus River and its five tributaries Sutlej, Beas, Ravi, Jhelum, and Chenab.

  • It allocated the three western rivers—Indus, Chenab and Jhelum—to Pakistan for unrestricted use, barring certain non-consumptive, agricultural and domestic uses by India 

  • And the three Eastern rivers—Ravi, Beas and Sutlej—were allocated to India for unrestricted usage.

  • This means that 80% of the share of water went to Pakistan, while leaving the rest 20% of water for use by India.

  • It also required both the countries to establish a Permanent Indus Commission (PIC) constituted by permanent commissioners on both sides.

  • Commissioners of both countries are mandated to meet every year, and sometimes have met multiple times in a year, to discuss and resolve differences on the sharing of river water and construction of hydel projects.

  • The IWT provides a three-step dispute resolution mechanism under Article IX of the Indus Waters Treaty, under which :

    • “questions” on both sides can be resolved at the Permanent Commission, or can also be taken up at the inter-government level


  • In case of unresolved questions or “differences” between the countries on water-sharing, such as technical differences, either side can approach the World Bank to appoint a Neutral Expert (NE) to come to a decision.

  • And eventually, if either party is not satisfied with the NE’s decision or in case of “disputes” in the interpretation and extent of the treaty, matters can be referred to a Court of Arbitration.

Article XII on Treaty

  • Article XII allows modifications of the treaty, but with high thresholds: a treaty must be ratified by both governments for any changes.

  • India’s request for modifications under this article highlights the need for adaptation to current realities, including climate change, population growth, and security issues.

Challenges

  • India, as the upper riparian, seeks to maximize water use for hydropower and other needs.

  • Pakistan, as the lower riparian, focuses on ensuring uninterrupted water flow.

  • India has hydropower projects on western rivers, but must maintain minimum flow as per international rulings.

  • Managing water use while ensuring minimum flow for both countries is a complex challenge.

  • The treaty’s division of rivers is historically based (Partition), making integrated water management difficult.

  • Both countries are obligated under customary international law to avoid significant harm to each other’s water rights (e.g., through environmental impact assessments for projects).

  • Climate change is reducing the water flow from glaciers, with a 30%-40% decrease expected, further complicating water management.

Way Forward

  • Article VII allows both nations to cooperate on joint engineering projects. These projects could help mitigate the impact of climate change and address water variability.

  • Formal negotiations could lead to a MoU or other cooperative frameworks to address evolving issues while using the IWT as a basis for future collaboration.

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Indus Waters Treaty (IWT) UPSC NOTE
Indus Waters Treaty (IWT) UPSC NOTE
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