Indus Waters Treaty must reflect new realities

India has finally served a formal notice to Pakistan for a review and modification of the Indus Waters Treaty of 1960, largely because of Islamabad’s intransigence in dealing with disputes related to the management of cross-border rivers and other concerns such as the support for terrorism. Problems related to the Indus Waters Treaty, which has survived several wars involving the two South Asian rivals, have been brewing for some years now. New Delhi has threatened Islamabad several times to have a relook at the treaty when ties have hit rough patches, largely because of terror attacks carried out by Pakistan-based groups.

India formally informed Pakistan of its intent to review the treaty in early 2023 and the notice served last month is in line with those efforts. One of the triggers for this action was Pakistan’s decision in the past decade to refer disputes over the Kishanganga and Ratle hydropower projects on the Chenab and Neelam rivers in Jammu and Kashmir (J&K) to both the “neutral expert” mechanism and the Permanent Court of Arbitration under the provisions of the agreement. India has argued that this goes against the graded mechanisms under the treaty for handling disputes and could lead to inconsistent and contradictory rulings. India’s contention that the treaty also requires a relook because of demographic changes and environmental concerns too is important, given the impact of the climate crisis.

India is contemplating changes to the agreement at a time when relations with Pakistan are at an all-time low and there are genuine concerns about a spurt in terror attacks in J&K. New Delhi should proceed with caution since the management of cross-border water resources is a complex and delicate matter, but genuine efforts to update the treaty should be welcomed.

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