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| An insight into India's water treaties | | | Jamwal Mahadeep Singh | 6/15/2018 11:04:34 PM |
| In Asia, water availability per capita is the lowest globally and declining, the situation is acute. The managing trans-boundary waterways are left to individual countries and states to make agreements with their neighbors. Where ever the rivers pass through trans-boundaries, it has given rise to conflicts about sharing of the water proportionately. When we look towards India, we find that the India is sharing three water treaties - 'The Ganges Treaty' with Bangladesh that took 20 years to hammer out, 'Gandak Treaty' with Nepal and the 'Indus Water Treaty' with Pakistan.
1. Ganges treaty with Bangladesh: There are eight treaties in between 1972 and 1996, mainly covering water quantity. The sharing of the Ganges waters between India and Bangladesh over appropriate allocation and development of the water resources of the Ganges River that flows from northern India into Bangladesh. The issue has remained a subject of conflict for almost 35 years, with several bilateral agreements. However a bilateral treaty was signed by, the Ex- Indian PM H. D. Deve Gowda and the then-Bangladesh PM Sheikh Hasina Wajed on December 12, 1996 in New Delhi and this treaty recognize the Bangladesh's rights as a lower-level riparian. It is signed as a comprehensive treaty for a period of 30 years. Descending from India's northern plains, the Ganges River forms a boundary of 129 kilometers in-between India and Bangladesh and flows for113 km in Bangladesh. The joint Rivers Commission is the Trans-boundary Water Management Organizations to settle dispute in between India and Bangladesh.
2. Gandak Treaty with Nepal: There are five treaties between 1954 and 1996, mainly covering hydropower and water quantity. The Gandaki River (known as the Narayani in southern Nepal and the Gandak in India) is one of the major rivers of Nepal and a left bank tributary of the Ganges in India. It is an agreement between His Majesty's Government of Nepal and the Government of India on the Gandok Irrigation & Power Project.
3. Indus Water Treaty with Pakistan: Indus; flows 3200 Kms from the mountains on the Western edges of the Tibetan Plateau, descending through Jammu and Kashmir region of North India, before heading South through Pakistan to the Arabian Sea. The Pakistan created as of the partition of British India which created a conflict over the plentiful waters of the Indus basin. The Indus system of rivers comprises three western rivers - the Indus, the Jhelum and Chenab - and the three eastern rivers - the Sutlej, the Beas and the Ravi. The geography of partition was such that the Source Rivers of the Indus basin were in India. During first year of partition, the waters of the Indus were apportioned by the 'Inter-Dominion Accord of May 4, 1948'. This accord required India to release sufficient waters to the Pakistan regions of the basins in return for annual payments from the government of Pakistan. Pakistan wanted to take this issue for permanent solution to the 'International Court of Justice', but India refused, arguing that the conflict required a bilateral resolution.
The Indus Water Treaty is a River distribution treaty between India and Pakistan, brokered by the World Bank (then the International Bank for Reconstruction and Development). The Bank was interested in the economic development of the two countries and it acted as a conduit for agreement and not to adjudicate the conflict. The process for water sharing pact began in 1954 and ended with the Indus Water Treaty in 1960. These agreements were result of Pakistani fear that, since the Source Rivers of the Indus basin were in India, it could potentially create droughts and famines.
The treaty resulted in portioning of the rivers rather than sharing of waters. The treaty was signed in Karachi on September 19, 1960, by the then PM of India Jawaharlal Nehru and President of Pakistan Ajub Khan. The treaty relates to the division of Indus and its five major tributaries. The treaty has 12 articles and 8 appendices. Some of the main provisions of this treaty were;
The treaty, under Article 5.1, envisages the sharing of waters of the rivers. According to this article, Ravi, Beas and Sutlej, which constitutes the eastern rivers, are allocated for exclusive use by India before they enter Pakistan. However a transition period of 10 years was permitted in which India was bound to supply water to Pakistan from theses Rivers till Pakistan build canal system to utilize the water of western rivers i.e. Jhelum, Chenab and Indus. After 10 years moratorium, India has secured full rights for use of the waters there of. Except for domestic and non-consumptive uses Pakistan shall be under an obligation to let flow, and shall not permit any interference with, the waters of 'Sutlej Main' and the 'Ravi Main' in the reaches where these rivers flow in Pakistan and have not yet finally crossed into Pakistan.
Article 5.2 envisage that Pakistan shall receive for unrestricted use all these waters of the western rivers Jhelum, Chenab and Indus , which India is under obligation to let flow. India shall let flow all the waters of western rivers and shall not permit any interference with these waters except for certain uses, as domestic use, non-consumptive use, agriculture use, and generation of hydro-electric projects. With certain restricted conditions use of waters for hydro-electric power and agriculture but it will not reduce the supply of waters to Pakistan as scheduled on 20% and 80% for Pakistan. Pakistan shall receive for unrestricted use all those waters of the western rivers. India shall be under an obligation to let flow all the waters of the western rivers, and shall not permit any interference with these waters.
Under the provisions of Article VIII (1) of the Indus Waters Treaty 1960, both India and Pakistan have appointed a Commissioner for Indus Waters Treaty. The two commissioners together form the 'Permanent Indus Commission. The main role of this commission is; 1. Establish and maintain cooperative arrangements for the implementation of the Indus Waters Treaty. 2. Promote cooperation between the parties in the development of the waters of the rivers. 3. To make every effort to settle promptly any question arising between the parties 4. Undertake the tours for inspection of the Rivers to ascertain the facts.
After cursory look into the 'Indus Water Treaty with Pakistan' what options are there if India has to go for scrapping or review the treaty in view of the 'Permanent Indus Commission' as agreed upon by both countries in Article VIII (1) of the Indus Waters Treaty 1960. It wouldn't be easy for India to tinker with the Indus Water Treaty, since it will raise questions on the fate of other international water treaties, mainly China. On reaction of Indian PM to suspend talks on IWT with Pakistan, China has reacted guardedly regarding suspension of talks with Pakistan by India. Moreover the China has no water agreements with its southern neighbors, despite the international waters in its domain. China is reportedly reluctant to even allow these downstream riparian states to inspect its upstream water projects on international Rivers. We have to look in to the Brahmaputra River's position, in view of the Pakistan's concern that China will act similarly with regard to Brahmaputra River. Brahmaputra flow 3800 kms originating on the Northern side of Himalayas descending through Assam in India and Bangladesh, where it joins the Ganges, flowing to the Bay of Bengal and forming the Ganges Delta. The Brahmaputra River - known as the Yarlung Zangbo in China - has its headwaters in Tibet, and flows 2,900 kilometers from China, through India and Bangladesh where it meets the Ganges River before draining into the Bay of Bengal. China and India are water-scarce countries that will face significant challenges to water and food security in the future. As lower riparian's, India and Bangladesh rely on the Brahmaputra River for water, agriculture and livelihoods. Upstream, China holds an important strategic advantage over the river's flow. Chinese dam-building and water division plans along the river is a source of tension between the two nations. China and India are in conflict for resources along the Brahmaputra River, which flows through parts of Asia that have been prone to territorial disputes.
A balance is required to be maintained while speaking of 'Indus Waters Treaty' with Pakistan as China too have not good relations with India and Pakistan is near to the heart of China. The China's announcement of investing some 46 billion dollar in Pakistan under the China Pakistan Economic Corridor (CPED) and building almost all of the dams constructed by Pakistan in Azad Kashmir (occupied Kashmir) and Gilgit Baltistan, clearly speaks of nearness of China with Pakistan.
Before concluding I like to cite the taunt once founder of Pakistan, Mohammed Ali Jinnah has made that "he would rather have deserts in Pakistan than fertile fields watered by the courtesy of Hindus". |
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