India Issues Notice to Pak on Indus Water Treaty

New Delhi:India has issued a formal notice to Pakistan seeking a review and modification of the Indus Water Treaty (IWT) under Article XII(3) of the agreement, it was confirmed on Wednesday. The notice, which was sent on August 30, calls for government-to-government negotiations to reassess the treaty's provisions. Article XII(3) of the IWT allows for modifications "from time to time" through a ratified treaty between the two governments.

India's move is seen as a response to multiple factors, including Pakistan's alleged involvement in cross-border terrorism aimed at destabilising Jammu and Kashmir. This latest notice follows a similar one issued in January 2022, where India raised concerns over Pakistan’s actions that had impacted the IWT's implementation. Islamabad responded to that notice, though no significant progress was made.

The IWT, signed in 1960 by India’s first Prime Minister Jawaharlal Nehru and Pakistan's then-President Ayub Khan, allocates water from six rivers — Beas, Ravi, Sutlej, Indus, Chenab, and Jhelum — between the two countries. Under the treaty, waters of the eastern rivers (Beas, Ravi, and Sutlej) were allocated to India, while Pakistan received rights to the western rivers (Indus, Jhelum, and Chenab). Pakistan has long claimed it is not receiving sufficient water, leading to international arbitration in certain cases.

India’s recent notice reportedly highlights significant changes in circumstances, including demographic shifts, environmental concerns, and the need to accelerate clean energy development to meet emission targets. The notice also mentions Pakistan’s continued cross-border terrorism as a factor necessitating a review of obligations under the treaty.

The notice comes amid ongoing disputes related to India’s Kishanganga and Ratle hydroelectric projects. The World Bank has activated both the Neutral Expert mechanism and the Court of Arbitration to address the matter, prompting India to call for a review of the treaty’s dispute resolution mechanism. India has expressed dissatisfaction with the World Bank’s decision to allow parallel proceedings on the same issue, arguing that the Neutral Expert proceedings should take precedence.

India issued the notice after Pakistan allegedly refused to engage in discussions during five meetings of the Permanent Indus Commission (PIC) from 2017 to 2022. The PIC, a bilateral body responsible for implementing the treaty, is mandated to meet at least once a year to address technical matters. The notice was sent through the respective Indus Water Commissioners of both countries, with India emphasizing the need for a thorough reassessment of the treaty’s terms.

The PIC has convened over 100 times since the treaty was signed in 1960.