India has now formally notified Pakistan to amend the 60-year-old Indus water treaty. The longstanding dispute concerning Kishanganga and Ratle hydroelectric projects has prompted India to seek a modification in the treaty.
What Falls Under The Treaty?
According to the treaty, Pakistan was allocated the waters of the Indus, Jhelum, and Chenab, while India has rights over the Eastern rivers (Ravi, Beas, Sutlej). India also has the right to produce electricity from run-of-the-river projects.
However, Pakistan has repeatedly objected to these projects, thus affecting the water flow to India. According to reports, “India has served a formal notice to Pakistan on August 30, 2024, seeking review and modification of the Indus Water Treaty under Article XII(3) of the Indus Water Treaty (IWT).
Under Article XII(3) of the IWT, its provision may from time to time be modified by a duly ratified Treaty concluded for that purpose between the two Governments.” India’s notification highlights fundamental and unforeseen changes in circumstances that require a reassessment of obligations under various Articles of the Treaty.
The Concerns
Various concerns, including changes in population demographics, environmental issues—the need to accelerate the development of clean energy to meet India’s emission targets—and the impact of persistent cross-border terrorism—are important ones.
The notification was issued during a prolonged controversy concerning Kishanganga and Ratle Hydro Projects. In this regard, the World Bank has simultaneously activated both the Neutral Expert mechanism and the Court of Arbitration on the same set of issues. The Indian side has, therefore, also called for reconsideration of the dispute resolution mechanism under the treaty. With this Notification, India has called Pakistan to begin government-to-government negotiations to review the Treaty under the provisions of Article XII(3).
