Neutral Expert’s Ruling on Indus Waters Treaty (IWT) Favors India

Why in the news?

The Neutral Expert, appointed under the Indus Waters Treaty, upheld India’s position to adjudicate disputes over hydropower projects in Jammu and Kashmir. This decision vindicates India’s stand and highlights its call for treaty review amidst Pakistan’s objections.

Neutral Expert's Ruling on Indus Waters Treaty (IWT) Favors India

Background: Indus Waters Treaty (IWT):

  • Signed in 1960 by India and Pakistan with World Bank
  • Divides the rivers of the Indus Basin:
    • India has control over eastern rivers (Beas, Ravi, Sutlej).
    • Pakistan controls western rivers (Indus, Chenab, Jhelum).
  • India must allow “unrestricted flow” of western rivers’ waters to Pakistan, barring certain uses.

The Ongoing Dispute:

  • Pakistan objected to designs of two Indian hydropower projects in J&K:
    • Kishenganga (on Jhelum tributary).
    • Ratle (on Chenab).
  • Alleged violations of IWT due to design features like pondage and spillways.
  • India and Pakistan disagreed on dispute resolution forums:
    • Pakistan sought Permanent Court of Arbitration (PCA).
    • India favored a Neutral Expert under the treaty’s graded resolution mechanism.

Significance of the Neutral Expert’s Decision:

  • Neutral Expert ruled on January 7 that he is competent to adjudicate India’s design-related questions.
  • India’s stance vindicated; the decision aligns with the treaty’s mechanisms.
  • Parallel PCA proceedings continue, but India has boycotted them.
  • Future discussions will address the merits of the technical objections.
  • India issued notices in 2023 and 2024 seeking a review and modification of IWT, citing demographic, environmental, and terrorism concerns.

Key points:Indus Water Treaty (IWT):

  • Origin: Signed in 1960, mediated by the World Bank.
  • Rivers: Divides six Himalayan rivers between India and Pakistan.
  • India’s unrestricted use: Eastern tributaries (Sutlej, Beas, Ravi).
  • Pakistan’s use: Western tributaries (Indus, Jhelum, Chenab).
  • Dispute Resolution Mechanism: Resolved via PIC, escalated to NE if unresolved, final step is CoA.

Key Disputed Projects

  • Kishenganga Hydroelectric Project (330 MW): Located on the Jhelum River, objections raised by Pakistan in 2006.
  • Ratle Hydroelectric Project (850 MW): Located on the Chenab River, Pakistan raised concerns over design compliance.

Significance of Neutral Expert Appointment

  • Validates India’s interpretation of NE addressing technical issues.
  • Ensures resolution within treaty provisions.
  • Sets precedent for future India-Pakistan dispute resolution.

Sources Referred:

PIB, The Hindu, Indian Express, Hindustan Times