India has recently extended an invitation to Pakistan, encouraging them to visit the locations of the Pakal Dul and Lower Kalnai hydroelectric projects on the Chenab river. This gesture comes as an attempt to alleviate Pakistan’s anxieties surrounding the ongoing construction work with these two projects. The culmination of the 115th meeting of the India-Pakistan Permanent Indus Commission (PIC), held in Lahore from August 29 to 30, saw extensive technical discussions based on some key provisions of the Indus Waters Treaty 1960.
Understanding the Indus Water Treaty
Brokered by the World Bank, the Indus Water Treaty was signed by then Prime Minister Jawaharlal Nehru and Pakistan’s President Ayub Khan. The treaty works to regulate the usage of water that flows in the Indus River and its tributaries across both India and Pakistan. As per the treaty, the rights to the waters of the eastern rivers — Sutlej, Beas, and Ravi — have been allocated to India, and the western rivers — Indus, Jhelum, and Chenab — fall under Pakistan’s domain. Despite the Indus originating from India, the country is permitted to use 20 percent of its waters for irrigation, power generation, and transport purposes. To ensure smooth operation, a Permanent Indus Commission was also established.
Role and Functions of the Permanent Indus Commission
The Permanent Indus Commission is comprised of officials from both India and Pakistan, and it serves to facilitate and manage the objectives of the Indus Waters Treaty, 1960. Meeting at least once annually, the Commission rotates between locations in India and Pakistan for each meeting. Its primary functions include addressing any problems related to the development of the rivers, resolving disputes over water sharing, arranging technical visits to project sites, conducting general river inspection tours every five years, and implementing provisions of the treaty.
Issues Arising from Water Sharing
The height of Pakal Dul’s reservoir and technical aspects of the Lower Kalnai hydropower project have been areas of concern expressed by Pakistan. Over the years, there have been numerous instances of disagreement between India and Pakistan regarding the treaty. For instance, in 2010, international arbitration proceedings began over India’s 330-megawatt hydropower project on an Indus tributary, Kishenganga (or Neelum, as it is known in Pakistan). Additionally, Pakistan has faced problems with arranging meetings and visits in a timely manner. The impact of China’s involvement, given that the Indus originates from Tibet, and the potential influence of climate change also present significant challenges.
Looking to the Future
Despite the fact that conflicts over various issues persist between India and Pakistan since Partition, the water controversy has remained untouched following the ratification of the Treaty. To safeguard the Indus treaty, Pakistan must find equilibrium between its rights to use the majority of the river system’s waters and an obligation under international law not to cause palpable harm to its co-riparian state by exporting terror.