[Answered] Critically analyze the Indus Waters Treaty (IWT) in the context of the principle of equitable allocation. How does it impact the bilateral relations between India and Pakistan?

Introduction: Brief introduction of IWT.

Body: What are its strengths and weaknesses and how has it impacted bilateral relations?

Conclusion: Suggest ways to improve the functioning of the treaty.

The Indus Water Treaty or IWT is a treaty signed in 1960 between India & Pakistan with the mediation of the World Bank which acted as a third party. IWT was signed by former Prime Minister Jawaharlal Nehru and then President of Pakistan, Ayub Khan.

Strengths & weakness of IWT:

  • Water sharing: The Treaty 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.
  • Dispute resolution: The PIC is an established mechanism under the IWT, which mandates it to establish and maintain cooperative arrangements for the implementation of the water distribution pact and to promote cooperation between India and Pakistan in the development of the Indus water systems.
  • Food and energy needs: IWT is unlikely to address the growing industrial needs related to food and energy of 2 countries. The modified version of IWT should incorporate mechanisms that allow flexibility to change the quantity of water available for allocation among the parties.
  • Technological Advances: The equitable allocation principle may not consider technological advancements in water conservation, efficient irrigation, and storage. New technologies could potentially enhance water availability for both countries, but the treaty might not encourage their full utilization.

How does it impact the bilateral relations between India and Pakistan?

  • Bilateral Engagement: The treaty established the Permanent Indus Commission, which facilitates regular interaction and communication between water officials of both countries. This consistent engagement has provided a channel for dialogue even during periods of strained political relations.
  • Uneasiness in Pakistan: There is uneasiness in the minds of Pakistan’s leadership regarding the terms of IWT. It is sceptical about the terms of the treaty and fears whether the Indian projects on the western rivers, in particular Jhelum and Chenab conform to the technical stipulations. Pakistan has raised concerns regarding the Kishanganga dam project, Ratle hydroelectric power projectalleging that these projects violate a provision of IWT.

Way Forward:

The need is to incorporate “equitable and reasonable utilization” and the “no harm rule” in the IWT which requires bridging the trust deficit between the nations. There is a need to involve all stakeholders including technocrats, climate experts, water management professionals, and scientists from both countries in the negotiation process. Finally, IWT must incorporate changes by way of amendments with both countries agreeing to amendments to maintain the continuity ensuring peace and economic prosperity in the region.

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