India’s Violation of Indus Waters Treaty

By Syeda Sajjad Bukhari

India’s newly built Shahpurkandi barrage on Ravi river is the latest violation of Indus Waters Treaty (IWT). The Shahpurkandi barrage on the River Ravi in the Pathankot district will irrigate the agricultural land in Indian Punjab and the Kathua, and Samba districts in Indian Illegally Occupied Jammu & Kashmir. India being the upstream riparian state through the construction of dams is trying to halt the flow of water to Pakistan. With the Shahpurkandi barrage, Pakistan will be deprived of 1150 cusecs water. Pakistan being a lower riparian state is at a disadvantaged position. Pakistan and India have a legal framework for water management governed by the IWT. Under the treaty India has control over the three Eastern rivers – Ravi, Sutlej and Beas while Pakistan has the right over the use of Western rivers, the Indus, Jhelum and Chenab. To safeguard Pakistan’s water distribution being a lower riparian, the treaty allocates 80 per cent of the total Indus Basin River flows to Pakistan. India is a party to IWT. India by diverting the flow of water to Pakistan is stepping away from the treaty principles. It shows that India through illegal means is trying to deprive its neighbour of the lawful share of water. India has also constructed Bhakra dam on Sutlej, Pong and Pandoh dam on the Beas and Thein on the Ravi. The dams have reduced the flow of water to Pakistan. These are unlawful acts by India. The Principle of International Water Law “Obligation Not to Cause Significant Harm,” states: “no state in an international drainage basin is allowed to use the watercourses in their territory in a way that would cause significant harm to the other basin states, including harm to human health or safety.” Bangladesh being a lower riparian country is also a victim of India’s unlawful acts. India has built hydropower plants in Darjeeling, due to which the flow of water from Teesta River to Bangladesh has been considerably reduced.

IWT is often regarded as a successful example of water diplomacy between Pakistan and India. The treaty is a testament to the fact that the countries through negotiations can have a resource sharing agreement. However, the ongoing developments wherein India is constructing dams and, diverting the flow of water away from Pakistan shows the former’s flagrant violation of IWT. Pakistan has objected to Kishanganga and Ratle hydropower projects and took the case to the Hague’s Permanent Court of Arbitration. Pakistan’s point of concern is that the 330-megawatt Kishanganga project on the river Jhelum will deplete the water level of the river that flows into Pakistan. The 850 megawatt Ratle Hydropower project will reduce the water flow of Chenab River at Head Marala by 40 per cent, which will be detrimental to the irrigation in central Punjab of Pakistan.

India and Pakistan within the framework of IWT had an agreement to share data on the water levels of the rivers running inside their borders. The agreement has been terminated by India. This is a major concern and it raises skepticism over India’s compliance to the IWT. India’s violation of IWT is yet another manifestation of regional hostility. South Asia is a conflict prone region and the confrontational regional politics are an impediment to region’s progress. South Asia is confronted with challenges of poverty, energy crisis and climate change. To address these challenges, the confrontational politics, and the hegemonic tendencies need to be replaced with a cooperative security outlook, and for that the focus should be on economic security. The Indus Waters Treaty should not become a hostage to regional politics. IWT needs to be sustained. The discussion on treaty’s evolving nature amidst the environmental changes, the shifting climate patterns and population growth needs to have both the parties onboard.