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INDUS WATER TREATY: a CRITICAL REVIEW Mohd

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INDUS WATER TREATY: a CRITICAL REVIEW Mohd © 2019 JETIR March 2019, Volume 6, Issue 3 www.jetir.org (ISSN-2349-5162) INDUS WATER TREATY: A CRITICAL REVIEW Mohd. Sagir, Ph.D Scholar, MMAJ Academy of International Studies, Jamia Milia Islamia, New Delhi Supervisor: Prof. GM Shah, MMAJ Academy of International Studies, Jamia Milia Islamia, New Delhi In the present paper an attempt has been made to analyse the various aspects and issues of Indus water treaty in detail: Historical background, pre independence scenario, provisions of the treaty, distribution of the rivers and major hydro projects in Indus basin, impact of treaty on indo-Pak relations and impact of Indus water treaty on Jammu and Kashmir. Key Words: Indus water treaty, India, Pakistan, Jammu and Kashmir and review Introduction:- In this chapter an attempt has been made to analyze the various aspects and issues of Indus water treaty in detail. Historical background, pre independence scenario, provisions of the treaty, distribution of the rivers and major hydro projects in Indus basin, impact of treaty on Indo-Pak relations and its impact on the state of Jammu and Kashmir are discussed and critically analyzed in this chapter. Indus Water Treaty opened way for peaceful resolution of water dispute between the two countries.1 Historical background:- The Indus basin has a total area of around 1.12 million km2 and ranks 21st in terms of drainage and catchment area. The catchment area of the basin is spread over four different countries of which Pakistan with 47 per cent has the maximum share, India has 39 per cent area, China 8 per cent and Afghanistan has 6 per cent share. The river has a total length of 3180 kms and is ranked 22 in terms of length in the world and in terms of discharge the river stands at 17th in the world. Considered as one of the greatest rivers in the world has its origin from Tibetan Plateau. Indus river system has six major tributaries which are river Sutlej that arises in China, the Kabul river that rises in Afghanistan and the rest four Ravi, Jhelum, Beas and Chenab arises in India. Sutlej, Beas and Ravi are designated as eastern rivers whose water belongs to India and the Jhelum and Chenab are designated as western rivers whose water belongs to the Pakistan in the famous bilateral Treaty known as Indus Waters Treaty signed in 1960 signed by both the countries. The water of the Indus Basin serves as lifeblood for around 300 million people who live in the Indus Basin of which the majority of them live in the areas belonging to Pakistan and India also has a fairly high share. Indus which for some is the great Himalayan river that flows from the height of 29, 000 feet above the sea level. In Latin, the river is names as ‘Sindus’ and in Greek it is known as ‘Sinthos’ and in Sanskrit it is called as ‘Sindhu’ In the Indus Basin Pakistan has three major hydro power dams and the fourth one is under construction. Of which Mangla dam is built on river Jhelum, the Tarbela dam and Ghazi Barotha is built on the Indus river and the fourth one is being built on the river Jhelum. India has built six large dams of which Bhakra and Nangal are built on the Sutlej river, Pandoh and Pong of the river Beas and Salal and JETIR1903H02 Journal of Emerging Technologies and Innovative Research (JETIR) www.jetir.org 711 © 2019 JETIR March 2019, Volume 6, Issue 3 www.jetir.org (ISSN-2349-5162) Baglihar dam on the river Chenab. The water of the Indus Basin is used for agriculture, hydro power generation and for other industrial use. The Indus river system has the fifth largest system in the world which is known as “Indus Basin Irrigation System”. Four riparian states India, Pakistan, China and Afghanistan are dependent on the Indus Basin for their water needs. It is suggested that proper water resource management and co-operation between these states can help millions of people. The cooperation among the four riparian states are needed for to combat the problem of water insecurity which has turned out to be one of the biggest problems in the 21st century. The four states have often been on the loggerheads with each other instead of co-operating for solving the problem. Indus Basin During Medieval Period (Water Source Development):- Experts suggest that as per its geology and physical geography the Indus Basin is as old as earth. It has the human life since the Stone Age. Due to control over water resources the Indus basin has changed since 1850 to 2000. During the medieval period the local irrigations system flourished in the basin. During that period “innumerable shallow, hand-dug, masonry-lined wells provided water for irrigation agriculture and livestock husbandry”. Indus Basin Water Resource Development During British Time:- The Britishers did a massive investment in the undivided Punjab. Majid Ajghter suggets that “from 1867 to 1892, cultivated area in Punjab increased 50 %, total kilometers of canals increased eightfold, railway mileage increased fourfold, and kilometers of roads doubled. From 1885 to 1947, the British built thousands of miles of canals in this arid landscape and facilitated the migration of farmers carefully selected by caste and kinship group”.2 The Britisher during their rule in India build massive irrigation engineering system. At the time of partition of India “there were 26 million acres of irrigated lands in the Indus Basin”.3 During their rule in India the Britishers undertook some major projects of environemental transfromation that literally changed the Indus Basin. There were transformation in the land use during the British rule that changed the Indus Basin. The Britishers started to build the large scale irrigation project since 1880s and by the late 19th century they constructed ‘pernial canals’. Canal irrigation system developed rapidly during the British rule. The Indus Water Treaty: An Analysis of Main Content:- The Indus Water Treaty or IWT was signed in the year 1960 by India and Pakistan which was signed after the mediation of the World Bank. It is a very lengthy treaty and has detailed annexure. Unlike some other water treaties like Ganges Water Treaty of 1966 the Indus Water Treaty is signed as a permanent agreement between India and Pakistan which has no end date and do not required any renewal. It has to be noted the treaty has never been amended or updated since it was signed in 1960. The Treaty had 12 Articles and 8 Annexure.4 The Indus Water Treaty is hailed by many as “one of the great success stories of the international water disputes”.5 Although the State of India and Pakistan has fought many wars since partition the Indus Water Treaty has remained unaffected and has been effective. However, it has been a contentious issue between the two neighbouring countries due to water scarcity and due the emerging threat to “climate change and the JETIR1903H02 Journal of Emerging Technologies and Innovative Research (JETIR) www.jetir.org 712 © 2019 JETIR March 2019, Volume 6, Issue 3 www.jetir.org (ISSN-2349-5162) environmental degradation in the Indus Basin”. After the drawing of the international boundary by the Radcliffe commission of India and Pakistan, India became upper while Pakistan became a lower riparian region. Signing Ceremony of Indus Water Treaty 1960 Plate No. 3.1 From Left to Right, signing the “Indus Water Treaty the Indian Prime Minister Jawaharlal Nehru, the President of Pakistan, Ayub Khan, and the World Bank Representative on September 19, 1960 in Karachi, Pakistan”. The preamble of the Indus water treaty explains the mutual consent of both the signatory countries to avail the maximum utilization of the Indus water system. It also enshrines the rights and obligations in a spirit of cooperation and coordination of each country in relation to the use of Indus waters and of making provisions for the settlement of any future dispute on the water issue. Both the countries assured faith in concluding the treaty and agreed upon its Articles and Annexure. Article I deals with the definitions of all those terms which have been used in draft of the treaty. This Article explains every term used in the text of the treaty. The terms like ‘Rivers’ ‘Tributaries’ ‘Indus Water Commission’ ‘Article’, ‘Annexure’ etc. are explained separately in this article. Article II explains the details of the eastern rivers and their unrestricted use for India.6 It has a clause for transitional period which started from Ist April 1960 to 31st march 1970.7 Article II of the treaty read with Annexure B which entitles Pakistan to use water from certain tributaries of east following rivers like Ravi and Sutlej for agricultural use across the border line when they enter into Pakistan. Annexure B pertains to ‘domestic and non- consumptive’ and ‘agricultural use’ of the waters of four tributaries of the Ravi namely Basantar, Bein, and Ujh for the irrigation of a total of 45, 400 acres of area.8 JETIR1903H02 Journal of Emerging Technologies and Innovative Research (JETIR) www.jetir.org 713 © 2019 JETIR March 2019, Volume 6, Issue 3 www.jetir.org (ISSN-2349-5162) Article III deals with western rivers.9 The provisions of this Article are related to the unrestricted use of “western rivers – the river Jhelum, Chenab and the Indus by the Pakistan”. As per the provision India shall not interfere except for domestic’, ‘non-consumptive’, agricultural and ‘hydro electrical’ uses in the restricted manner. The Article III and Annexures C and D contain certain significant provisions regarding the withdrawals for a specified limit by India from the western rivers.
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