The treaty is an exceptional case in which India, an upper riparian state, have voluntarily agreed to surrender more than four times the amount of water to Pakistan, a lower riparian state, and imposed stringent restrictions on water use on itself, for the purposes of good neighbourly relations. Nearly 79% of the total available water in quantitative terms in the basin was allocated to Pakistan, whereas India, which has major basin area and is upper riparian, was only allocated only 21%. Due to this, India has suffered huge loss both in terms of economic and agricultural development. India would have been qualified for at least 42.8% share of the waters of the Indus basin based on the criteria of population, drainage area and state of cultivated lands.

Clauses exploited by Pak

Pakistan has abused the terms of the treaty to stall the sincerest initiatives that India has planned or executed. The objections raised by Pakistan on projects such as KishanGanga, Tulbul Navigation, Baglihar and others undertaken by India has led to the demand of re-working of the treaty. Questions have been raised on the efficacy of the institution of Indus Water Commission. Pakistan has been increasingly raising the third-party dispute resolution mechanism which is costly and time consuming. There have been substantive delays in execution of projects such as Sallal, Uri, Dul Hasti, and Baglihar, which are ROR (run-of-river) hydel projects. Tulbul barrage system planned across the river Jhelum has been stymied for over 18 years as a result of objections raised from Pakistan.

The treaty, was not touched by India, despite severe provocations. The relations between the two countries are probably at its lowest ebb despite so much of sacrifice by India in the last 65 years. To promote cooperation, it is imperative to build appropriate institutional capacities for a supportive and accommodating environment. Political, geographical, and cultural considerations are only a few of the many variables that affect cross-border cooperation.

Demand for revocation

Till now, India has never gone back on any of its international commitments which has bolstered its image as a highly responsible nation in the eyes of the world community. Though, India can invoke Article 62 of the Vienna Convention to go back on the Indus water pact. As per the provisions of this article, “fundamental change to the circumstances” can be a valid reason for abrogating an international treaty. The unabated Pakistan-sponsored terror activities seem to be reasons enough with India to justify annulling the treaty.

If only India had observed the treaty in letter and spirit, in fully utilising the waters allotted to it, Pakistan would have been faced serious implications by now. It is estimated that 2 to 3 MAF water is presently flowing to Pakistan because of lack of infrastructure and untapped resources from Indian side.

The strategy of Pakistan, it seems, was not to re-visit, review or re-negotiate the present treaty. Further, Pakistan would try to use international fora to persuade India to abide with the pact. Surprisingly, this is one of the stringent treaties which do not have provision for periodical review.

India needs strong-arm tactics

Owing to the region’s semi-arid topography and water scarcity, water is a sensitive topic that can elicit strong feelings and tempers in both countries and serves as a catalyst for mobilisation. By using water as a flashpoint, the political-military ruling class in Pakistan is trying to gain attention from around the world and directly benefits from this. Pakistan attempts to win over international audience by assertively articulating its lower riparian rights and concerns. It has made every attempt to reframe a new set of lower-upper riparian water sharing dynamics within the terms of the treaty.

There is discord between India’s and Pakistan’s interests, particularly concerning the meddling of the latter in the internal affairs of Jammu and Kashmir. The Pakistani military justifies its overarching presence and control over the country by repeatedly raking up the ‘non-issue’ of Kashmir on both domestic and international fronts.

The sharing of waters of Indus basin can only be an outcome of a change in mindset in the dominant players in Pakistan, and cannot be its cause. It is a question of politics and values. People of Pakistan have to take a call that do they want to coexist with India as good neighbours in a peaceful environment, on the basis of civility and cooperation, or continue remain in fear. The countries that have a bad reputation of mismanaged political relations, use terrorism as a state instrument of foreign policy and meddle in the affairs of their neighbors cannot expect unilateral and unconditional cooperation.

Strong-arm tactics in handing diplomatic relations with Pakistan and using water as a coercive tool and a bargaining instrument in the larger politico-strategic objectives of India is the need of the hour. There is a need for a proactive, sustained media campaign for building public awareness and generating awareness about this unjust treaty.

It is time for India to shed its defensive, showering largesse image and has to move forward to look after its own interest both in terms of water and strategic security. After all, blood and water can’t go together.