Pakistan's 'intransigence' makes India seek revision of Indus Waters Treaty
India said the notice was delivered to neighbouring Pakistan on January 25 through the respective commissioners for the Indus rivers. Sources said, "Pakistan's action has affected the provisions of the IWT and their execution, forcing India to give an appropriate notification for pact revision."
FollowIndia on Friday issued a notice to Pakistan for modification of the Indus Waters Treaty (IWT) of September 1960 following Islamabad's 'intransigence' on its implementation, said sources. Additionally, it said that the notice was delivered to the neighbouring nation on January 25 through the respective commissioners for the Indus rivers.
According to the sources, India has always been a steadfast supporter and a responsible partner in carrying out the IWT in text and spirit. "However, Pakistan's action has affected the provisions of the IWT and their execution, forcing India to give an appropriate notification for pact revision," a source added.
After nine years of discussion, India and Pakistan inked the treaty in 1960, with the World Bank as a signatory. The agreement sets a structure for cooperation and information exchange between the two countries in utilising a number of rivers' waters.
Pakistan requested the appointment of a neutral expert to investigate its technical objections to India's Kishenganga and Ratle Hydroelectric Projects (HEPs) in 2015. The sources added that Pakistan unilaterally reversed this proposal in 2016 and asked that a Court of Arbitration hear its objections.
'They claimed Pakistan's unilateral move is in contravention of the graded dispute settlement procedure envisaged by Article IX of the IWT. Therefore, India requested that the case be referred to an impartial expert. The beginning of two simultaneous procedures on the same questions, with the possibility of inconsistent or contradictory outcomes, creates an unprecedented and legally untenable situation that risks endangering the IWT itself," sources said.
'In 2016, the World Bank acknowledged this and decided to 'pause' the initiation of two parallel procedures and request India and Pakistan to seek an amicable solution,' sources said, adding that despite India's continuous efforts to find a mutually-acceptable solution, Pakistan refused to discuss the matter during the five meetings of the Permanent Indus Commission from 2017 to 2022.
Recently, the World Bank has launched measures on the neutral expert and Court of Arbitration processes in response to Pakistan's continued insistence. The sources explained that any IWT provision does not cover such parallel evaluation of similar issues.
"Faced with such violation of IWT provisions, India has been compelled to issue a notice of a modification," according to the source.
(With inputs from PTI)
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