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Cross the boulders in the Indus Waters Treaty
Context:
The Indus Waters Treaty (IWT), brokered by the World Bank, which has again become a source of contention between India and Pakistan, considerably encapsulates the principle of equitable allocation rather than the principle of appreciable harm.
Issues raised in World Bank
- India’s Hydel Project- The core of the issue now between India and Pakistan involves the Kishanganga and Ratle hydroelectric power plants in India’s Jammu and Kashmir.
- Bone of Contention- India considers these projects crucial for energy needs and the region’s development, while Pakistan has raised objections, citing violations of the treaty
- Request to form a Court of Arbitration- In 2016, Pakistan requested the World Bank to form a Court of Arbitration. To this, India requested a neutral expert be appointed to deal with the dispute.
India’s stand
- Abstained from participating- India has been abstaining from participating in the proceedings at the Permanent Court of Arbitration and did not attend the present proceedings as well.
- Cannot be compelled- India said that it cannot be “compelled to recognize or participate in illegal and parallel proceedings not envisaged by the Treaty”
- Participating in the neutral expert’s proceedings- India has been participating in the neutral expert’s proceedings whose ?rst meeting was held at The Hague.
Way Ahead
- Need to revisit the Treaty-There is a need to revisit the Indus Waters Treaty observes that more than going to court, the need is to incorporate “equitable and reasonable utilisation” and the “no harm rule” in the IWT.
- Need to involve local stakeholders- There is a need to involve local stakeholders also in any negotiation process between India and Pakistan on shared water issues.
- Recognise common interests- To make the IWT work there is a need for the two countries to recognise their common interest in the optimum development of the Indus Rivers System.
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