Doing the right thing

29/01/2023

New Delhi has issued a notice to Islamabad seeking modification of the more than six-decade-old Indus Waters Treaty (IWT) that governs the sharing of waters of six rivers in the Indus system between the two countries. New Delhi said the notice follows Pakistan's continued "intransigence" in implementing the treaty, by raising repeated objections to the construction of hydel projects on the Indian side. India has done the right thing by issuing a notice to Pakistan for modification of the Indus Waters Treaty (IWT). The September 1960 treaty, which came into being after nine years of negotiations between the two countries, is generally seen as one of the most successful water-sharing pacts in the world, with the World Bank also being a signatory. India has been trying to discuss and resolve the issue of India's Kishenganga and Ratle Hydro Electric Projects, but Pakistan has been stubborn, refusing to sort out the matter. India's position, has always been clear: it wants implementation of IWT in letter and spirit, but Pakistan has been dillydallying.
Since 2015, Pakistan has repeatedly raised objections to India's Kishanganga and Ratle hydroelectric projects located in Jammu and Kashmir. While Islamabad has made repeated calls for a Court of Arbitration to resolve the matter, New Delhi has insisted that adjudication by a neutral expert is the best way forward. India has now accused Pakistan of violating the "graded mechanism" of dispute settlement envisaged under Article IX of the Indus Waters Treaty, essentially opposing Islamabad's direct request for a Court of Arbitration to look into the dispute first instead of a neutral expert. The treaty gives control over the waters of the three "eastern rivers"-the Beas, Ravi, and Sutlej-to India and over the waters of the three "western rivers"-the Indus, Chenab, and Jhelum-to Pakistan. This gives India control over around 20 per cent of the total water carried by the Indus system, while the rest goes to Pakistan. Even over the western river waters, as per the IWT, India has the right to do limited irrigation and unlimited power generation, navigation, floating of property, fish culture, etc.
Union Minister Jitendra Singh also said Pakistan is habitual of making unnecessary noises alleging violations of the Indus Waters Treaty (IWT), even though there has been none and India has always stood by its end of the pact. The statement of the Minister of State in the Prime Minister's office comes on the heels of India issuing a notice to Pakistan seeking a review and modification of the IWT in view of Islamabad's "intransigence" in complying with the dispute redressal mechanism of the pact that was inked over six decades ago for sharing of waters of cross-border rivers. Still smarting from the defeat in the 1971 Indo-Pak War and its dismemberment, it is determined to not give any concession to India. Even though it is obligatory for nations to extend the 'most favoured nation' (MFN) status to all members of the World Trade Organization, and India gave Pakistan the MFN status, Pakistan refused to reciprocate the gesture for two decades; and then India withdrew that. Pakistan can support terror groups, risking the wrath of the Financial Action Task Force or FATF, but can't strive to have better ties with India, even though that would be for its own good.

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