New Delhi: India has served a formal notice to Pakistan seeking review and modification of the Indus Water Treaty, highlighting fundamental and unforeseen changes in circumstances that require a reassessment of obligations under various Articles of the Treaty.
The notice was served on August 30 seeking review and modification of the Treaty under Article XII(3) of the Indus Water Treaty (IWT), as per which its provision may from time to time be modified by a duly ratified Treaty concluded for that purpose between the two Governments.
Among the various concerns highlighted by India, the important ones include change in population demographics, environmental issues – the need to accelerate development of clean energy to meet India’s emission targets, impact of persistent cross border terrorism, etc.
The notification was issued in the background of a separate prolonged controversy with respect to the Kishanganga and Ratle Hydro Projects.
In this regard, the World Bank has simultaneously activated both the Neutral Expert mechanism and the Court of Arbitration on the same set of issues.
The Indian side has, therefore, also called for reconsideration of the dispute resolution mechanism under the Treaty.
With this Notification, India has called Pakistan to begin government to government negotiations in order to review the Treaty under the provisions of Article XII(3).
The Ratle Hydoelectric Project (850 MW), is a Run of River Scheme located on River Chenab at village Drabshalla, district Kishtwar, in Jammu and Kashmir, while the Kishanganga is located north of Bandipora in the same UT, located on Jhelum river.
India and Pakistan signed the IWT in September 1960 after nine years of negotiations, with the World Bank being signatory to the pact, which sets out the use of water of River Indus and its five tributaries – Sutlej, Beas, Ravi, Jhelum and Chenab.
It allocated the three western rivers – Indus, Chenab and Jhelum to Pakistan, and the three eastern rivers – Ravi, Beas and Sutlej, to India for use. According to the treaty, India has the right to generate hydroelectricity through the run of the river (RoR) projects on the three western rivers.
Pakistan objected to the two hydroelectric projects saying they violated the Indus Waters Treaty. In 2015, Pakistan approached the World Bank and sought the appointment of a neutral expert to address its objections to the Kishanganga and Ratle Projects. The next year, Islamabad retracted the
request and sought a court of arbitration to adjudicate its objections.
In May 2018, Prime Minister Narendra Modi inaugurated the Kishanganga project.
In January 2023, India had issued notice to Pakistan accusing Islamabad of “intransigence” on the implementation of the Indus Waters Treaty (IWT). The notice came following disagreement between the two countries on the Kishanganga and Ratle hydroelectric projects.
