Should water be used as a weapon?, Pg8

Renewed calls in India to revisit the Indus Waters Treaty (IWT) after terrorist attacks linked to Pakistan-backed groups.

• India had earlier paused review post Uri (2016) and Pulwama (2019) attacks, but is again reassessing its treaty obligations.
• IWT, signed in 1960 and brokered by the World Bank, remains one of the most durable water-sharing agreements globally, having survived three wars.
• India retains rights over the eastern rivers (Ravi, Beas, Sutlej) and limited non-consumptive rights (like hydropower) on the western rivers (Indus, Jhelum, Chenab) that flow into Pakistan.

History & Structure of the IWT:

• The treaty is based on cooperation, not competition—a rarity in post-conflict bilateral ties.
• India’s hydro projects like Kishanganga (Neelum) and Ratle (Chenab) have led to recurring disputes, mostly over design and compliance.
• Neutral expert/arbitration processes have resolved past disagreements under treaty-sanctioned mechanisms.

Legal and Ethical Debate:

• Water is more than a resource—it is a lifeline, especially in arid regions like Pakistan.
• Using water as a weapon or retaliation tool raises international legal and ethical concerns:
  • No provision in IWT for unilateral withdrawal.
  • Would jeopardise India’s global image and moral authority.
  • Could trigger World Bank arbitration or retaliation under international humanitarian law.

Global Precedents:

• Similar disputes:
  • Hungary vs Slovakia: Danube water dispute resolved via the International Court of Justice (ICJ).
  • Egypt vs Ethiopia: Dispute over Grand Renaissance Dam.
  • Mekong and Nile River basins: Countries resort to multilateral forums, rarely unilateral actions.

What Should India Do?

• Instead of withdrawing, India should:
  • Maximise use of permissible provisions: Build more hydro projects within IWT limits.
  • Ensure compliance with environmental and technical standards.
  • Use IWT as a diplomatic lever, not a blunt geopolitical tool.

Key Concepts:

• Hydro-diplomacy: Using water agreements as instruments of peacebuilding or leverage.
• International Water Law: Treaties like the IWT fall under customary and treaty-based obligations that require equitable and sustainable sharing.

Significance:

• Demonstrates the delicate balance between strategy and sustainability.
• Reinforces the need for legal restraint and moral responsibility even amid cross-border tensions.
• Water must remain a tool for cooperation, not coercion.

Mains Mock Question:

India’s approach to the Indus Waters Treaty post-terror attacks must weigh strategic imperatives against international legal norms and ethical responsibility. Discuss.