AHSAN YOUSAF CHAUDHARYLLM,I. UNIVERSITY LAW

COLLEGE, PUNJAB UNIVERSITY LAHORE.

PUNJAB UNIVERSITY SOCIETY OF INTERNATIONA LAW(PUSIL)

Indus Water Accord, Trilateral Perspective:Pakistan’s Options

Why Indus Water Treaty?

The Indo-Pak partition 1947, followed by polemical Radcliff Award left India as the upper riparian and Pakistan as the Lower Riparian States respectively.

According to customary International Law, the lower Riparian states are at the mercy of the Upper Riparian States.

On April 1st, 1948, Stoppage of Water by India prompted Pakistan to come to negotiating Table.

Inter-Dominion Accord, May 4, 1948

Pakistan registered a robust protest against un-provocative Indian hydrological aggression, which realized India to act as a responsible, civilized nation-state.

1951, extremely deteriorated situation forced Pakistan to resort the World Bank, to help break the stalemate and fix the water problem perpetually.

World Bank’s provision of good offices and birth of Indus Water Treaty*

*The HENRY L. STIMSON CENTRE “The Indus Water Treaty: A History

Salient Features of the Treaty (IWAT)

Brokered by the World Bank and concluded at Karachi on Sept.19,1960 between the Republic of India and The Islamic Republic of Pakistan.

By a towering Indian freedom Fighter and post- Independence Premier of India, Jawaharlal Nehru and the first military coup-maker turned self-styled President of Pakistan, Field Marshal (FM) Muhammad Ayub Khan.

Treaty Consists of Three Parts, i.e. Preamble, Twelve Articles and Eight Annexure.

Entitles India, the Uninterrupted usage of waters of Eastern Rivers, viz. Ravi, Sutlej and Beas*.

To Pakistan, It entitles, the usage of waters of Western Rivers, i.e. Indus, Jhelum and Chenab**.

*Article ll, lV Annexure B of the Indus Water Treaty 1960.

**Articles lll, lV, Annexures, C,D,E of IWT 1960.

Genesis of Aquatic wrangling over IWT

Growing need of water and energy prompts India to exploit the loop-holes of the treaty.

Construction of multiple Dams/Hydro-electric power Projects over western Rivers by India.

Pakistan’s Perspective

India is building innumerable Water reservoirs/Hydro-Electric Power Projects on Western Rivers.

It flagrantly violates the terms/provisions of the IWT.

India is committing gross Water Thievery and depriving Pakistan of its due right on western Rivers.

For Pakistan, Kashmir is not as important as the Water is*.

*Dr.Manzur Ijaz, Editorial, Washington Diary: India Pakistan Conundrum, March 3, 2010

India’s Perspective

India is duly complying with the provisions of the Treaty.It is only establishing “Run of the River” Dams/ Hydro-Electric

Power Projects sanctioned by the Treaty.“Global Warming has adversely affected the flow of the water.Carriage of heavy sediments by the Rivers and Silting of

dams”*.“Pakistan’s stance is highly jingoistic and uninformed.The treaty apportioned 80% and 20% to Pakistan and India

Respectively.Treaty empowers India the construction of 3.6 Million Acre

Feet (MAF) of storage facilities which India so far has not enjoyed.”**

*Dr. S. Chandarasekharan, “The Indus Water Treaty Its Dynamics and Reverberations” Paper #3676, South Asia Analysis Group.

**Arvind Gupta, “Vicious Anti-India Propaganda in Pakistan on water issues” Institute of Defense Studies and Analysis(IDSA) Comment, March 29, 2010 .

Jammu and Kashmir’s Perspective-the Unheard Voice.

Background Information:Under the principle of Federalism, nothing can

be done with the resources of a state without obtaining its prior sanction.

“The State of Jammu and Kashmir was not consulted by federation of India regarding the distribution of Water Resources”.

Almost all the eastern and Western Rivers either Originate from or Flow through the State of Jammu and Kashmir.

Jammu and Kashmir’s Perspective- the voice unheard.

“By signing the Indus Water Treaty : “India has almost bartered away its Sovereignty over the State of Jammu and Kashmir which Pakistan occupies illegally.”

“ The Construction of Mangla Dam, is Pakistan’s Tactical Victory, though there is no provision as such under IWT.”

Continued….

“Pakistan got millions of US Dollars as a free aid to

construct Irrigation Infrastructure at home. While

India got fewer that too in form of loan.”

“No body visualized the Energy needs of

the inhabitants of the Jammu and Kashmir”.

*Dr. DC Sharma, “Abrogate Indus Water

Treaty” the Daily Excelsior February, 28,

2003

Pakistan’s Options

Back-ground InformationThe Indo-Pak partition is directly responsible

for the conundrum of Water disputes between the two countries.

Both contend that the whole region consisting of Jammu and Kashmir belong to them.

The issue of Water Distribution is tightly linked with the pacific solution of Kashmir.

There are scores of Formulas propounded by politicians and diplomats alike.

Continued…..

DIXON Plan* Abrogation of Indus Water Treaty 1960Re-negotiating the Treaty Agreeable interpretation of treatyExploitation of Diplomatic Muscle“Integrated Development Plan-an alternative

Approach**Sundeep Waselkar, “The Final Settlement” published by International

Center for Peace Initiatives (ICPI), The Strategic Foresight Group 2005. Brigadier, Musharaf. P. “The Arms Race in the Indo-Pakistan Subcontinent,

Conflicts with the Pressing Requirements of Socio-economic Development. What are its Causes and Implications? Is there a Remedy?” Royal College of Defense Studies, London. 1990

Conspiracy Theories

Radcliff award was conspiracy-ridden to give India leverage over Pakistan

Kashmir was deliberately left unresolved to keep both countries at logger heads

Ayyuab was an American stooge and Indus Water Treaty was against the national Interest

Lilienthal was An Indian sleuth working on the Indian Pay-roll

Voices within Pakistan

We should let loose Le,T on India to compell her to Negotiating Table

We are nuclear armed State, in case of Nuclear war India would be a looser.

Indians are crafty, unreasonable and has always collusioned against Pakistan.

Pakistan would be the winner if goes for Nuclear Warfare with India.

APRAISAL

Indus Water Treaty is going to celebrate its Golden Jubilee on 19th Spt. This year.

We have to think rationally and act sanely.If we renegotiate the Treaty, what would be the

status of the earlier Indian Construction of Dams/Hydro-Electric power generation units.

Treating India cordiallyAbrogation of Treaty- War bugleThe Treaty has a great potential of transforming

the protracted adversaries into amenable friends.

THE END

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