Context
•      Amidst all the historical issues that have shaped India-Pakistan relations, the IWT, a World Bank-engineered agreement, is back in the spotlight.
•      For over half a century, the IWT has sought to ensure fair water distribution while avoiding potential damage, laying the foundation for cooperative diplomacy and sustainable growth.

About Indus Water Treaty  
In September 1960, after months of negotiations with the World Bank, India and Pakistan signed an Indus Waters Agreement (IWT). The IWT provides a framework for cooperation and information sharing between the two countries regarding the use of the river Indus and its tributaries, namely the Sutlej, Beas, Ravi, Jhelum, and Chenab.

Key Provisions  
•      Under the IWT, water was allocated from six rivers in the Indus river system between the two countries. 
•      The three western rivers were allocated to Pakistan for unrestricted use, while the three eastern rivers were allocated to India. 
•      This means that 80 percent of the water was allocated to Pakistan and the remaining 20 percent was allocated for India’s use.
•      Pakistan allocated water to India for the three eastern rivers: the Indus, the Beas, the river Ravi, and the river Sutlej. In addition, limited exceptions were granted to India for certain non-consumption, agricultural and domestic purposes.
  
Partition and Utilization of Rivers: Navigating Responsibilities
  •      An integral part of the IWT’s structure is the division of rivers into categories, each of which is entrusted to the care of a nation. 
•      India has exclusive access to three eastern rivers – Ravi, Beas and Sutlej – while Pakistan has exclusive rights over three western rivers – the Indus, the Jhelum and the Chenab – all of which contribute to India’s capacity to store 3.60 MAF (million feet) of water, spread across a variety of sectors including conservation, power generation and flood control. 
•      The careful division of waters defines the limits of responsibility, so that each nation can use the waters for its own development.

Hydropower Projects and Emerging Disputes  
•      In the midst of this complex situation, the focus has shifted to two key hydroelectric power projects in India’s Jammu & Kashmir. 
•      The two projects are known as ‘Kishanganga’ and ‘Ratle’, and from India’s perspective, they are essential for meeting the country’s energy needs and driving regional growth. 
•      On the other hand, Pakistan has raised concerns about possible violations of the treaty’s provisions and the long-term consequences for its water resources, as outlined in Annexure D to the IWT.
  
Tracing Historical Narratives
·         The history of the current dispute goes back more than 10 years. In 2006 Pakistan first expressed reservations about the kishanganga project. In 2012, Pakistan objected to the ratle project.
·         The Kishanganga case was referred to the Court of Arbitration (CoA) in 2010. The CoA’s verdict confirmed India’s right to divert water from kishanganga river for power generation, but with the condition of maintaining a minimal water flow.
 
Legal Proceedings and India's Strategic Response 
·         This timeline shows the intricacies of resolving disputes under an established treaty. In 2016, Pakistan requested the establishment of a court, while India argued for appointing a neutral expert.
·         The subsequent legal proceedings highlighted the complexity of the case. In 2023, the PCA unanimously asserted its jurisdiction.
·         India did not participate in the proceedings.
 
Collaborative Strategies: The Journey to Resolution
·         In order to create a path to a solution, proposals have been made to actively involve local stakeholders and professionals in the negotiations on shared water.
·         The creation of a joint committee, composed of technical experts, climatologists, water management experts, and scientists from both countries, could help to gain a better understanding of the multi-faceted issues involved.
·         This multidisciplinary approach highlights the need for holistic insights to tackle a multidimensional problem.
 
Leveraging Untapped Mechanisms: Exploring Article VII and Mutual Goals
·         In Article VII of the Inter-State Water Dispute Settlement (IWT), cooperation mechanisms are introduced that have been largely neglected.
·         India and Pakistan must acknowledge their shared interest in the full development of the Indus River system, going beyond their current disagreements and fostering a spirit of harmony.
·         This long-neglected provision provides an opportunity to promote cooperation and redefine the discourse around shared water resources management.

Conclusion   
As the Indus waters treaty continues to shape the shape of India-Pakistan relations, overcoming this complex landscape requires not only legal skills but also a commitment to understanding, working together, and moving forward together.
As India and Pakistan work to overcome the challenges ahead, they are at a critical point in their journey towards sustainable cooperation on water resources management. Faced with the changing landscape, India and Pakistan have the opportunity to rebuild their relationship based on shared resources and harmony.
 
LTX Mains Question
Q. Highlight the Indus Water Treaty role in promoting India-Pakistan cooperation. Explain its principles of equitable water allocation and discuss a possible treaty redefinition that would address current challenges.