Indus Water Treaty And Its Leverage Of National Power By India International Law Essay


1. Water is a cosmopolitan demand and a state which can command flow of H2O into the districts of a neighbouring antagonist has a enormous potency for leveraging this control as a beginning of national power. The Indus Water Treaty ( IWT ) was signed on 19 Sep 1960 with a position to decide the jobs of sharing Waterss in the Indus Basin between India and Pakistan. The pact to a big extent has withstood the trial of clip despite reserves and reverberations of strife emanating from both signers. The most important facet in this respect is that pact has ne’er been revoked or desecrated since it came into being, even during the three wars that have been fought between the signers.


Formulation of Statement of Problem

IWT – A Model Treaty

or Source of Conflict

Advantages Accrued To Pakistan & A ; Detrimemental Impact to India on Account of IWT

Identify Potential of IWT





Statement Of Problem.

2. To analyze and analyze the potency of IWT for leveraging India ‘s national power against Pakistan.

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3. India has honoured the IWT with fidelity of all time since the pact was signed. Pakistan nevertheless has clip and once more sought to badmouth India by baseless accusals of misdemeanor of IWT. Pakistan has been repeatedly teasing India across the spectrum of struggle, runing from abetting panic through proxy War to full graduated table military struggle. India needs to queer Pakistani Designs by a well planned matter-of-fact application of all available beginnings of national power ; IWT offers one such possible beginning of leveraging national power against Pakistan.

Justification for the Study

4. The Partition of Indian bomber continent on 15 Aug 1947 created Pakistan, this divider besides created a overplus of differences between India and Pakistan which would stalk the both states for decennaries. Sharing the Waterss of Indus basin was one such difference which the IWT sought to decide. Ever since the IWT was signed, Pakistan systematically accuses India of go againsting the pact even as India has fought three major wars with Pakistan and continues to conflict the challenge of Pakistan sponsored proxy war.

5. Today, both states wield atomic arms in their armories and have reasonably sized conventional armed forces. As pupils of warfare we must endeavor to place all possible non military beginnings which can supplement our military art. The Waterss of Indus basin offer one such beginning of leveraging India ‘s national power against Pakistan.


5. This survey shall analyze agencies by which India can well leverage the control of Waterss of Indus basin to augment it ‘s national power.

Methods of Data Collection.

6. Datas for the thesis is proposed to be collected from the followers: –

( a ) Manuscript text of Indus Water Treaty 1960.

( B ) Books, diaries, periodicals and surveies on the topic.

Administration of the Dissertation.

7. It is proposed to chapterise analyze the topic as per the resulting paragraphs.

8. Chapter I: An Overview of IWT. IWT was brokered by World Bank ( so known as International Bank for Reconstruction and Development )[ 1 ]and signed on September 19, 1960, in Karachi, Pakistan. Indian Prime Minister Jawaharlal Nehru and fiscal concerns of each side, and included a timeline for passage. The chief points of the pact included an understanding that Pakistan would have unrestricted usage of the western rivers, which India would let to flux unimpeded, with minor exclusions

( a ) Commissariats for three dikes, eight nexus canals, three bombardments, and 2500 tubing Wellss to be built in Pakistan

( B ) A ten-year passage period, from April 1, 1960 to March 31, 1970, during which H2O would go on to be supplied to Pakistan harmonizing to a elaborate agenda

( degree Celsius ) A agenda for India to supply its fixed fiscal part of $ 62 million, in 10 one-year episodes during the passage period

( vitamin D ) Additional commissariats for informations exchange and future cooperation

9. The pact besides established the Permanent Indus Commission, made up of one Commissioner of Indus Waters from each state. The two Commissioners would run into yearly in order to set up and advance concerted agreements for the pact execution ; promote cooperation between the parties in the development of the Waterss of the Indus system ; examine and decide by understanding any inquiry that may originate between the Parties refering reading or execution of the Treaty ; submit an one-year study to the two authoritiess.

10. In instance of a difference, commissariats were made to name a “ impersonal expert. ” If the impersonal expert fails to decide the difference, negotiants can be appointed by each side to run into with one or more reciprocally agreed-upon go-betweens. If either side ( or the go-between ) positions mediated understanding as improbable, commissariats are included for the convention of a Court of Arbitration. In add-on, the pact calls for either party, if it undertakes any technology plants on any of the feeders, to advise the other of its programs and to supply any informations which may be requested.[ 2 ]

11 Chapter II: Pak Water Resource Management – Post IWT. With the IWT Duly ratified in 1961, Pakistan ‘s immideate challange was to revamp it ‘s H2O resource web. The part which hitherto bow had been dependent on the western rivers now needed new H2O beginnings to run into the irrigation demands. Therefore came about the The Indus Basin Project which was funded by the Indus Basin Development Fund was established with parts from USA, Australia, Canada, Germany, New Zealand and UK along with India ‘s part. The Water and Power Development Authority ( WAPDA ) of Pakistan was entrusted with the undertaking of finishing these undertakings. The Indus Basin Project involved building of two big dikes, five bombardments, one syphon and seven nexus canals to reassign 14 MAF of H2O from the Western rivers. There are three systems of nexus canals. Two of the systems, the Rasul-Qadirabad-Balloki-Suleimanki System ( R.Q.B.S. ) and the Trimmu-Sidhnai-Mailsi-Bahawal System ( T.S.M.B ) connect the Jhelum River through to the Sutlej and the 3rd system Chashma-Jhelum System ( C.J ) connects the Indus with the Jhelum.[ 3 ]

12. Chapter Three: Damaging Impact of IWT on India. It has been over five decennaries since IWT was ratified. The climatic alterations since so hold led to reduced flows on the Indus and the long term damaging effects of this pact have now started uncovering themselves. The important facets include the followers: –

( a ) Impact on Jammu & A ; Kashmir. The public of Jammu & A ; Kashmir harbor a feeling that IWT has wrongfully deprived them of H2O ensuing retarding the growing of agribusiness, power coevals, and irrigation from rivers that originate and flow from their very province. IWT envisages uses of Western rivers by India merely for ‘Run of the River ‘ hydro electric undertakings. There is no proviso of working these Waterss for irrigation or other domestic uses. Although India is permitted to work the hydro-electric power potency of the Jhelum and Chenab, all Indian undertakings have to be vetted by the Pakistan Indus Commission which can exert a practical veto ; this enables it to set conditions that are obviously disadvantageous to India. For illustration in the Salal Hydro Electric Project, Pakistan objected to the usage of under penstocks. This necessitated a alteration of design, which has resulted in really heavy siltation of the reservoir. Over the old ages, the silt degree in this 113 m high dike has reached 90 m, and the 30 kilometers long reservoir has shrunk to merely 14 kilometer. This would non hold happened had the usage of penstocks been permitted.

( B ) Upper Riparian Limitations. India as an upper riparian province has been allocated the Waterss of Eastern rivers, nevertheless it would be disposed to mention to these rivers as South-Eastern rivers. The Waterss from these rivers flow of course in a South Westerly way, the grain of the state precludes any possibility of steering these Waterss towards the North. Pakistan on the other manus enjoys the advantage of the western rivers come ining it ‘s districts in propinquity of its northern boundary lines, wherein it is easy to steer the available Waterss due souths into most parts of the state before the rivers eventually run out out into the Arabian Sea. The map shown in fig 1 below elucidates the difference between handiness of cultivable land with Pakistan vis-a-vis India[ 4 ].

Fig 1: Arable Areas of Indus Basinhttp: //

( degree Celsius ) Defence Related Canal Network. The Waterss of Sutlej & A ; Beas have been tapped by India at Harike & A ; Hussainiwala before it flows into Pakistan, nevertheless the river is rejuvenated by the Balloki Sueimanki Link Canals ( BSLC ) at Sulemankie headworks by Pakistan These Waterss come from the Chenab River during the summer kharif season and from Mangla Reservoir during the winter rabi season. The Suleimanki Headworks nevertheless redirect most of it ‘s Waterss to Fordwah Branch & A ; Eastern Siddiquia Canal ( ESC ) and partially to Pakpattan canal instead than Sutlej. The point of involvement here is that both these canals ( and their distributaries ) are aligned to flux approximately parallel to each other between the International Border and Sutlej upto Fort Abbas. Theses canals have been developed as formidable anti armored combat vehicle obstructions by Pakistan. On the other manus India ‘s defense mechanism oriented canal web South of Hussainiwala Peters out someplace near Suratgarh with the exclusive exclusion of Indira Gandhi Canal widening upto Sri Mohangarh. Despite holding no rights over the Eastern rivers Pakistan enjoys a unequivocal border over india as far its Defence related canal web is concerned.

13. Chapter Four: Leverage Potential of IWT for India. Pakistan ‘s covert & A ; open abettal of panic on Indian dirt is a wee established fact, in order to explicate a matter-of-fact policy to cover with Pakistan, the possible purchase offered by IWT can be exploited. Looking back in history, at the clip of divider, the sharing of Indus Basin Waterss was considered an even more intractable and pressing issue than Jammu and Kashmir [ J & A ; K ] . The annexure of Kashmir would supply Pakistan direct control over the three Western rivers A standstill understanding was signed with Pakistan on 18 December 1947, which provided that the pre-partition allotment of H2O in the irrigation system should be maintained. The understanding was valid boulder clay 31 March 1948 when Pakistan refused to regenerate the understanding. India responded by closing off H2O supply from the Ferozepur headwork to Pakistani canals. The prosperity of a big figure of husbandmans was involved and Pakistan shortly came to the negotiating tabular array. Pakistani experts have calculated that if the flow of H2O from J & A ; K to Pakistan is reduced by a degree of one per centum, the economic loss to its husbandmans will be ruinous.[ 5 ]Certain facets of IWT which can be exploited to India ‘s advantange against Pakistan are: –

( a ) Kishanganga Vs Neelum Project The two undertakings are underway on the same river which India refers to as Kishanganga river whilst Pakistn calls it Neelum river. The Indian undertaking involves constructing a dike and a 16-kilometer recreation channel, which will alter the river ‘s class by 100km. On completion of the undertaking, the Kishenganga Waterss will fall in Wular lake and finally the river Jhelum, still within India, before fluxing on to the Pakistan side. The recreation will raise the lake ‘s H2O degree every bit good as add 52 three-dimensional metres of H2O to the downstream 480MW Uri I and 240 MW Uri II hydroelectric undertaking on Indian side. Pakistan ‘s hydro undertaking, with an belowground power station, will be built at Nauseri, near Muzaffarabad. Pakistan fears that one time India ‘s Kishenganga undertaking is complete it will hold a annihilating consequence on the PAK ‘s ain hydro-power programs, the local economic system

and on the ecology. The Indian undertaking, harmonizing to Pakistan, will control H2O flow to the Pakistani undertaking by 30 % , besides impacting the local vegetations and zoologies due to recreation of H2O from its original class. Pakistan besides alleges that the undertaking will adversely impact 133,209 hectares of agricultural land in the Neelum Valley and the Muzaffarabad territory. As per commissariats of IWT whichever state completes it ‘s undertaking earlier wins the default rights over the Waterss.[ 6 ]

( B ) Pakistan Water Woes. Once-mighty Indus is now shriveling quickly, courtesy clime alteration, bad irrigation patterns and an exponential addition in population. Environmental attorney Rafay Alam says the depletion in Pakistan ‘s H2O resources is linked to the population roar and bad irrigation practices.According to Alam, “ About 95 per cent of Pakistan ‘s H2O is used for agribusiness. The irrigation H2O is put into canals. It ‘s an inefficient system designed in the 1860s. The canal is non lined and is merely a trench ; conceive of the ooze that occurs. We ‘re losing up to 40 per cent of H2O to seepage, vaporization and larceny. ” Alam says husbandmans should exchange to drip irrigation alternatively of the current inundation irrigation system, which would assist salvage water.Like all Himalayan rivers, Indus and its feeders besides bring batch of deposit. Pakistan is already confronting decrease in its power coevals due to deposit. Decrease in size of Himalayan glaciers and altering conditions forms are partially responsible for the depleting H2O degree. This phenomenon is observed in the rivers on the Ganga-Yamuna fields every bit good. Let originator Lakhvi has late claimed that India is engaging a H2O war on Pakistan. Pakistani media is full of anti India rhetoric on IWT misdemeanor by India. Given that India is non in misdemeanor of IWT, this rhetoric can merely intend that either Pakistan is seeking to warrant the panic run it has unleashed against India by demoing that India is responsible for H2O crisis in Pakistan or Pakistani authorities is seeking to set the incrimination of its ain H2O misdirection on India.[ 7 ]

( degree Celsius ) Psy Ops – A possible In-Out Theme. India and Pakistan are non the lone combatants over IWT. Pakistan ‘s domestic political relations is witnesses the provincial authoritiess projecting allegations on Islamabad over an unjust allotment of H2O resources to Punjab vis-a-vis states. Most noteworthy strifes emenate from Balochistan which at best considers itself as an alienated cousin. Amidst this conflict of words, the World Food Programme noted, “ The current wheat harvest in the rain-fed countries will give less production due to harvest failure during seeding season because of late rains. ” It further says the Pakistan authorities must turn to the H2O security issue, which is “ per se linked with nutrient security and rural supports ” . The Food Security Risk Index ranking of 2009 puts Pakistan at figure 11, an “ utmost hazard ” state. If the current scenario prevails, the deficiency of H2O may be the concluding push that sends Pakistan into the abyss.7

( vitamin D ) Renegotiation of IWT. Relevance of IWT after five decennaries is questionable on many facets. Pakistan stands to lose more & A ; addition less should India follow a hardliner stance & A ; push for a renegotiated IWT. The IWT follows the basic rule of just distribution of H2O between two users and it will be a different scenario if the IWT is to revised as per international understandings in trend. There is no uncertainty that there is a duty of the upper riparian to guarantee the free flow from the catchment countries which means that the upper riparian is responsible for guaranting that there is no adult male made debasement of the catchment country. But if one were to better and develop the catchment country for the benefit of the lower riparian, the costs will hold to be borne by the lower riparian- Internet Explorer Pakistan

14. Decision. The Indus Water Treaty has worked good for both the states. Differences and differences will originate due to increasing demands on the Waterss on both sides of the boundary line and the place will acquire critical Oklahoman than subsequently when the H2O resources are dwindling and non increasing and the demands are much more. With the aggressive attitude of Pakistan unlikey to alter in the close hereafter, it is pertinent to see the purchase potency offered by IWT to complement the application of all agencies of India ‘s national power in covering with Pakistan.



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