Indus Water Treaty (IWT)

About Indus Water Treaty (IWT)

• The Indus Waters Treaty was signed in 1960 under the auspices of the International Bank for Reconstruction and Development (World Bank).
• The Treaty was signed in Karachi on 19 September 1960 by the then Field Marshal Muhammad Ayub Khan of Pakistan, the then Prime Minister of India, Shri Jawaharlal Nehru and Shri W. A. ​​B. Iliffe of the World Bank.
• The treaty came into force on 1 April 1960 (the effective date).

Provisions of the Indus Water Treaty-

• The treaty lays down the terms for the sharing of the waters of the Indus River and its five tributaries.
• India got control over three eastern rivers, which are-
  • Raavi
  • Vyas
  • Sutlej
• All the waters of the eastern rivers will remain available for India's unrestricted use unless any untoward situation arises.
• Pakistan got control over three western rivers, which are-
  • Indus
  • Chenab
  • Jhelum
• A permanent Indus Commission was set up by the United Nations to resolve any disputes arising in water sharing, with a provision for arbitration to resolve disputes amicably.
• According to the treaty, India can also use the waters of the western rivers for domestic, non-consumptive needs such as storage, irrigation and power generation.
• The treaty gives 20% of the water from the Indus river system to India and the remaining 80% to Pakistan.
• In executing any scheme of flood protection or flood control each country (India/Pakistan) will, as far as possible, avoid any physical damage to the other country.
• The use of the natural channels of the rivers for the discharge of flood or other excess water shall be free and shall not be subject to any limitation by either India or Pakistan and neither country shall have any right of claim against the other in respect of any damage caused thereby.

Dispute resolution process under the Treaty

• Article IX of the Treaty deals with the settlement of differences and disputes.
• According to Article IX, three possible measures can be taken to decide on objections raised by any of the parties -
  • Resolving disputes through the Permanent Indus Commission.
  • Consulting a neutral expert appointed by the World Bank.
  • Resolving disputes through a court process with the World Bank and the Permanent Court of Arbitration.

Issues with the treaty

Opposition to Indian projects by Pakistan:

• The opposition is mainly on the issue of whether these projects comply with the technical norms mentioned in the treaty. 
• This is evident from Pakistan's opposition to the Kishanganga Hydroelectric Project (KHEP) on the Jhelum River and the Ratle Hydroelectric Project (KHEP) on the Chenab River.

Jurisdictional limitations:

• India seeks resolution of differences through a neutral expert, while Pakistan has opted to approach the Permanent Court of Arbitration which interprets the spirit of the treaty.

Strained bilateral relations: 

• Treaty gets affected by the overall developments in the India-Pakistan relationship. For instance, the biannual talks between the commissioners of the Indus treaty were suspended due to the frequent use of state-sponsored terrorism by Pakistan.

Effects of Climate Change:

• Climate change has changed the pattern, intensity and timing of rainfall and runoff. The apportionment of rivers determined by the IWT does not take into account potential changes in water availability due to climate change, reducing its effectiveness in ensuring equitable water allocation.

Technical nature of the Treaty:

• The treaty's provisions are highly technical in nature, prompting diverse and wide-ranging interpretations.

Way Forward

Rethinking IWT:

• • Water experts believe that countries should take into account technological advancements, which were absent when the IWT was drafted.
• The Indus Water Commissioners on both sides should be empowered to work together and make rational decisions unaffected by political situations.
• Regular meetings and sharing of designs and data between the two sides can help prevent future problems.
• Promoting open data policy to promote transparency and applied scientific research.