"Rectify material breach": India notifies Pakistan of plans to amend Indus Waters Treaty for the first time

New Delhi, Jan 27: For the first since its existence, India called for amendment to the Indus Water Treaty (IWT) of September 1960 and issued notice to Pakistan. The notice was sent on January 25 through respective commissioners for Indus waters as per Article XII (3) of IWT.

 

This came after the dispute resolution mechanism remained in logjam for 5 years. Besides, India called on Islamabad to enter into intergovernmental negotiations within 90 days. Notably, the treaty sets out a mechanism for cooperation and information exchange between the two countries regarding use of waters of a number of rivers.

 

 

According to the sources, "India has always been a steadfast supporter and a responsible partner in implementing IWT in letter and spirit. However, Pakistan’s actions have adversely impinged on the provisions of IWT and their implementation, and forced India to issue an appropriate notice for modification of IWT."

 

In 2015, Pakistan requested for appointment of a neutral expert to examine its technical objections to India's Kishenganga and Ratle Hydro Electric Projects (HEPs). Further, in 2016, Pakistan unilaterally retracted this request and proposed that a Court of Arbitration adjudicate on its objections, the sources told news agency PTI.

 

 

'They said this unilateral action by Pakistan is in contravention of the graded mechanism of dispute settlement envisaged by Article IX of the IWT. Accordingly, India made a separate request for the matter to be referred to a neutral expert.

 

 

"The initiation of two simultaneous processes on the same questions and the potential of their inconsistent or contradictory outcomes creates an unprecedented and legally untenable situation, which risks endangering the IWT itself," the source said.

 

"The World Bank acknowledged this itself in 2016, and took a decision to 'pause' the initiation of two parallel processes and request India and Pakistan to seek an amicable way out," it said.

 

 

The sources said that despite repeated efforts by India to find a mutually agreeable way forward, Pakistan refused to discuss the issue during the five meetings of the Permanent Indus Commission from 2017 to 2022 At Pakistan's continuing insistence, the World Bank has recently initiated actions on both the neutral expert and Court of Arbitration processes, they said.

 

The sources added that such parallel consideration of the same issues is not covered under any provision of IWT. "Faced with such violation of IWT provisions, India has been compelled to issue notice of modification," the source cited above said.