New Delhi, Apr 24: India's suspension of the Indus Waters Treaty (IWT) is not only morally justified in light of continuing cross-border terrorism but also legally defensible due to repeated procedural violations by Pakistan, several experts reckoned on Thursday.

The action, they said, is a sovereign right exercised to protect national interest, security, and the integrity of international agreements, which depend on reciprocity and mutual adherence.

"This step signals that while India has always honoured its international commitments, it will not be taken for granted when the other party - a rogue state like Pakistan - repeatedly breaches the spirit and terms of the agreement," an analyst opined.

Under the Indus Waters Treaty signed between India and Pakistan in 1960, waters of three rivers - Ravi, Sutlej and Beas - averaging around 33 Million Acre Feet (MAF) were allocated to India for exclusive use. The waters of Western rivers - Indus, Jhelum, and Chenab - averaging to around 135 MAF were allocated to Pakistan except for specified domestic, non-consumptive and agricultural use permitted to India as provided in the Treaty.

Last August, India had served a formal notice to Pakistan seeking a review and modification of the IWT citing "fundamental and unforeseen changes in circumstances" that require a reassessment of obligations.

In the notice, India had highlighted that, under Article XII(3) of the IWT, its provision may from time to time be modified by a duly ratified Treaty concluded for that purpose between the two governments.

India's notification highlighted fundamental and unforeseen changes in circumstances that require a reassessment of obligations under various Articles of the Treaty. Among various concerns, important ones included change in population demographics; environmental issues - need to accelerate development of clean energy to meet India's emission targets; impact of persistent cross border terrorism, etc.

However, despite India's repeated warnings, Pakistan was involved in serious violation of treaty protocols.

The eventual suspension of the treaty came only after persistent violations and was triggered further by national security threats, such as Tuesday's Pahalgam terror attack, which has claimed 26 innocent lives.

The most critical breach occurred in 2016, when Pakistan unilaterally bypassed the treaty's graded mechanism of dispute resolution outlined under Article IX of the IWT. This article mandates a stepwise escalation — from technical discussions to neutral expert adjudication and finally, if needed, to a Court of Arbitration.

In 2015, Pakistan initially requested a neutral expert to examine technical objections to India’s Kishanganga and Ratle Hydro Electric Projects. However, it withdrew this request next year and unilaterally approached the Court of Arbitration, violating the agreed dispute-resolution protocol. This deliberate deviation undermined the legal sanctity of the treaty and indicated a pattern of weaponizing legal mechanisms for political ends.

Recognising this breach, India issued a formal notice to Pakistan on January 25, 2023, calling for the modification of the treaty to ensure that the dispute resolution process could no longer be exploited unilaterally. By exhausting diplomatic options and adhering to procedural fairness, India demonstrated responsibility and restraint.

Pakistan has also invoked the treaty's dispute resolution provisions three times, not always in good faith.

The first instance involved objections to a hydropower project on the Chenab River in India-administered Kashmir. While Pakistan raised concerns that the project could give Indian engineers undue control over river flows, the World Bank-appointed neutral expert ruled in favour of India in 2007, validating the project's design and sediment management as being in line with international best practices.

India has already set the stage to tighten the noose around Pakistan with several projects.

The Kishanganga Hydroelectric Project on a tributary of the Jhelum was commissioned in 2018 and diverts water from the Kishanganga River to a power plant in the Jhelum basin via a 23 km tunnel.

The Ratle Hydroelectric Project on Chenab was revived in 2021 with an 850 MW capacity as Pakistan raised concerns over potential flow manipulation.

The Tulbul Navigation Project on Jhelum was also never really off the table since the Uri attack in 2016 and can regulate water flow through a navigational lock-cum-control structure.

The Shahpurkandi Dam on Ravi was cleared in 2018 and completed in early 2024. It blocks surplus water from flowing into Pakistan, enhancing irrigation and power generation in India.

Similarly, the Ujh Multipurpose Project on a tributary of the Ravi, which was announced in 2020 is currently in the planning stage, combines storage, irrigation, and hydroelectric goals to cut off water flow to Pakistan.

It clearly shows that the IWT may only be temporarily suspended but the pressure is already building on Pakistan.

These developments clearly indicate a concerted effort by India to leverage water resources as a strategic tool in its geopolitical stance towards Pakistan and can have serious implications for the terror sponsors across the border.

Pakistan relies heavily on the Indus River system for irrigation, with about 80 per cent of its cultivated land - approximately 16 million hectares - depending on these waters. The agricultural sector contributes 23 per cent to Pakistan's national income and supports 68 per cent of its rural inhabitants. Reduced water availability could lead to lower crop yields, food shortages, and economic instability.

The Indus basin also supplies 154.3 million acre-feet of water annually, which is vital for irrigating extensive agricultural areas and ensuring food security. Pakistan's water storage capacity is low, with major dams like Mangla and Tarbela having a combined live storage of only about 14.4 MAF, which is just 10 per cent of Pakistan's annual water share under the treaty. The suspension exacerbates these vulnerabilities by cutting off a guaranteed water supply.

The suspension of the IWT will also have significant economic implications for Pakistan, particularly in the agricultural and industrial sectors. It may also affect the country's power generation capabilities, as hydropower is a crucial source of electricity.

--IANS

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