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India issued a notice to Pakistan January 25, 2023 stating the need to amend the Indus Waters Treaty, 1960, media reports said. The reports quoted sources as saying that India issued the notice through commissioners appointed under Article XII (3) of the Indus Waters Treaty.
The notice gives Pakistan 90 days within which it can enter into inter-governmental negotiations to rectify the violations of the Indus Waters Treaty
COURSE OF INDUS
• Originates in the Tibetan plateau near lakeMansarovar,
Enters India, runs across through the Ladakh region of I&K towards Gilgit region
Takes a southward direction & flows along the entire length of Punjab, Pakistan to merge with Arabian sea near the port city of Karachi
Longest river of Pakistan and
21st largest river of the world in terms of annualflow.
WHY INDUS RIVER IMPORTANT FOR PAKISTAN
Sindh/Indus river is strategically vital resource for Pakistan.
After Pakistan and India declared independence the use of the waters and its 5 tributaries became a major dispute between them.
The Indus Water Treaty
The Indus agreement was brokered by the World Bank and took nine years of negotiations.
The river waters were divided between the two neighbor’s.
Waters of the three eastern rivers of Ravi, Beas, and Sutlej were awarded to India as per the treaty
waters of three western rivers of Indus, Jhelum, and Chenab were awarded to Pakistan.
DISPUTE
India and Pakistan have been bickering over the Kishanganga —known as Neelum in Pakistan— and Ratle hydropower projects in the Union Territory of Jammu and Kashmir since 1988.
These are located on western rivers awarded to Pakistan. Islamabad has since the beginning raised objections to both these projects on fears that they will reduce the flow of water on its side. Besides, both are on the western rivers that are Shortcoming in the treaty
The treaty does not consider the effect of climate change on water availability, sedimentation.
The treaty does not address the issue of quality or pollution of water from industrial or agricultural runoff, deforestation etc.
There are no restrictions on how many dams countries can build
What Loss has India suffered from the Indus Water Treaty
India got just 20% of the aggregate water of the 6 rivers
Compare it with China, which enjoys unparalleled dominance over cross-border river flows because of its control over the water-rich Tibetan Plateau, has publicly asserted absolute territorial sovereignty over upstream river waters, regardless of the downstream impacts. It thus has not signed a water-sharing treaty with any of its 13 downstream neighbours.
Chinese construction of upstream dams on international rivers such as the Mekong, Salween, Brahmaputra, Arun, Sutlej, Indus, Irtysh, illy andAmur
Scrapping treaty counterproductive
More recently, days after a terror attack on an Indian Army brigade headquarters in Uri in Jammu and Kashmir in September 2016, Prime Minister Narendra Modi had said at a meeting with the Indus Waters Treaty officials that “blood and water cannot flow together”.
In February 2019, following a terror attack in Pulwama in Jammu and Kashmir that killed around 40 security personnel, Union minister Nitin Gadkari said the government “has decided” to stop sharing water flowing into Pakistan.
Can India cancel Indus water treaty unilaterally ?
Pakistan insists on rights without responsibilities. In fact, its use of state-reared terrorist groups can be invoked by India, under Article 62 of the Vienna.
Convention on the Law of Treaties, as constituting reasonable grounds for withdrawal from the Indus treaty.
इंडस जल संधि भारत और पाकिस्तान के बीच हुई एक समझौता है, जिसे 1960 में इमरान आयुब और जवाहरलाल नेहरू के बीच सम्पन्न किया गया था। इस समझौते के माध्यम से, इंडस नदी सिस्टम के उपयोग, निर्माण और प्रबंधन को लेकर भारत और पाकिस्तान के बीच संबंधों को स्थापित किया गया था।
इस समझौते के तहत, जल वितरण, संरक्षण, जल संचय, निर्माण और संचालन से संबंधित मुद्दों को संबोधित किया गया था। इस समझौते में, जल संभावित उपयोग के लिए सहमति, जल संरक्षण, जल संसाधनों के संचालन के लिए निर्देशों का निर्माण, समझौते के तहत संसाधनों के उपयोग का विश्वासपात्रता से आश्वासन और जल संभावित उपयोग से संबंधित मुद्दों के निस्तार को संबोधित किया गया था। The International Court of Justice has upheld the principle that a treaty may be dissolved by reason of a fundamental change of circumstances.
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