Indus River Water: Another bone of contention between India-Pakistan

Another dispute has now arisen between India and Pakistan on such a matter, which world fraternity has been considering as an ideal treaty. Around sixty-two years ago, due to the efforts of Jawaharlal Nehru and Ayub Khan, there was an Indus Water Treaty between the two countries regarding the water of the Indus River. The treaty continued to be followed even during many wars, but now India has rejected it citing the rules of the treaty.

The initiative has been taken in order to change the provisions. India has given a notice of ninety days to Pakistan that the two countries together now amend the text of the treaty. The Government of India has not yet clarified what the amendments are now going to be like, but as this treaty has caught hold, obviously it would like to make such rules now that the conditions of the treaty would not need to be repeated in the future.

The dispute between India and Pakistan at present is due to Pakistan’s complaint against India in the Hague’s International Court of Justice where it urged the Court to allow Pakistan its arbitral award or start legal mediation on the differences between the two countries over the Treaty. According to the original treaty, the third option allows going to the international court regarding any mutual dispute. The first two options are- either going to the Indus Commission or taking the help of a neutral mediator.

A dispute broke out between India and Pakistan over two dams that India was building. India is building two dams on those rivers, most of whose water goes to Pakistan. Pakistan is fearing a big threat from the Kishanganga and Ratle hydroelectric projects. Both these hydroelectric projects are being built on Jhelum and Chenab rivers.

Pakistan is afraid that India will not only stop the water going to Pakistan through these dams but will also try to flood Pakistan by suddenly opening the dams. When Pakistan raised this objection, the Indus Commission could not take any decision. Officers from both countries are included in this commission. Then Pakistan took the initiative that a third neutral corner should mediate over the issue.

This initiative of Pakistan was in accordance with the Indus Water Treaty but it suddenly withdrew this initiative taken in 2015 in 2016. Pakistan didn’t even give any reason for this. This is a violation of Article 9 of the treaty. Now without India’s consent, Pakistan has gone to the Hague’s International Court of Justice. Annoyed by this, India has now given a 90 days notice to Pakistan, but for some unknown reason, Indian Minister of External Affairs has not yet informed the Hague judges about this violation of treaty rules. Overall, the situation suggests that it would be better if India rejects the arbitration of the Hague Court.

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A big question invites the attention of Hague judges – Have the judges at The Hague agreed to consider the matter without reading the rules of the Indus Water Treaty? It is also strange that on one hand Pakistani Prime Minister Shahbaz Sharif talks about direct dialogue with India and on the other hand he is going to the courts after deviating from the path of dialogue. This does not show a proper frame of mind expecting dialogue between the two neighbors. Pakistan probably has not learnt enough lessons from history.