Indus Waters Treaty (IWT) Suspension
The Indus Waters Treaty (IWT), a longstanding agreement between India and Pakistan, was suspended by India following a terrorist attack in Pahalgam perpetrated by Pakistani terrorists. This treaty, signed in 1960, has survived multiple wars, cross-border terrorism, and ongoing tensions.
Key Aspects of the Indus Waters Treaty
- The IWT was signed on September 19, 1960, after nine years of negotiations.
- It comprises 12 Articles and 8 Annexures (A-H).
- India has unrestricted use of the Eastern Rivers: Sutlej, Beas, and Ravi.
- Pakistan receives water from the Western Rivers: Indus, Jhelum, and Chenab.
Significance of India's Decision
India's decision to suspend the IWT allows it to potentially alter its use of the Indus river system:
- Stop sharing water flow data with Pakistan.
- Remove design or operational restrictions, allowing storage on Western Rivers.
- Prevent visits by Pakistani officials to hydroelectric projects in Jammu & Kashmir.
- Engage in reservoir flushing to extend dam life.
Potential Impact and Legal Constraints
The suspension will not affect water flow to Pakistan immediately due to existing infrastructure constraints. The IWT does not have an exit clause, and any changes require bilateral consent. Article IX and Annexures F and G provide a dispute resolution mechanism.
Pakistan's Options
- Pakistan cannot unilaterally abrogate or legally enforce the treaty without India's consent.
- Arbitration under IWT could be ineffective if India chooses not to comply.
- Approaching the International Court of Justice is not feasible due to India's reservations.
Recent Developments and Disputes
India issued a notice to Pakistan in January 2023 seeking treaty modification, followed by another notice in September 2024, signaling intent to renegotiate the treaty due to disputes over hydroelectric projects in Jammu & Kashmir.
- Pakistan claims these projects violate the IWT, despite being "run-of-the-river" designs.
- A Neutral Expert appointed by the World Bank in 2022 declared competence to adjudicate design differences between the countries.
