What is the Indus Waters Treaty put on hold by India after Pahalgam attack?

The Indus Waters Treaty, widely regarded as a rare diplomatic success between India and Pakistan, has faced fresh strain after a terror strike in Kashmir.

In Short

• Terror attack on tourists in Kashmir prompts India to review water pact
• Government puts Indus Waters Treaty on hold after CCS meeting chaired by PM
• Treaty signed in 1960 gave Pakistan rights to Indus system’s western rivers

Following a terrorist attack on tourists in the Kashmir Valley, the Indian government has resolved to suspend the Indus Waters Treaty for a period yet to be determined. The resolution was made by the Cabinet Committee on Security (CCS), which is headed by the Prime Minister of India, Narendra Modi.

"The Indus Waters Treaty of 1960 has been suspended with immediate effect, subject to Pakistan's credible and permanent discontinuation of support for cross-border terrorism," Foreign Secretary Vikram Misri announced on Wednesday evening.

The Indus Water Treaty was signed in 1960 by the then Government of India, led by Prime Minister Jawaharlal Nehru, and Pakistan's Head of State, General Ayub Khan.

The treaty comprises a total of 12 Articles and 8 Annexures, which were included in the agreement with the involvement of the World Bank.

According to the treaty, Pakistan was given the right to utilise the waters of the Indus River system, which originates in India and flows into Pakistan.

The treaty, facilitated by the World Bank, emerged as one of the most successful water-sharing treaties in the world. It was signed following a number of years of negotiations. Here are the details of the Indus Waters Treaty and how water is shared between the two nations:

INDUS WATERS TREATY

Since India and Pakistan became two nations in 1947, they had to share everything - rivers included. The Indus River system runs from India into Pakistan and is a significant source of water for both nations.

But since the majority of the rivers originate in India and run into Pakistan, it was a sensitive topic.

The treaty separates the six rivers of the Indus system into two categories:

Western Rivers: Indus, Jhelum, and Chenab - these were allotted to Pakistan exclusively for use.

Eastern Rivers: Ravi, Beas, and Sutlej - India received complete control over these.

India may utilise the Western Rivers for limited use such as drinking water, agriculture, and hydroelectric energy, but it cannot divert or store excess water.

These rivers carry approximately 33 million acre-feet (MAF) of water per year, which India can use without any restrictions.

• Pakistan receives about 80% of the total water from the Indus River system, totaling almost 135 million acre-feet (or 99 billion cubic meters), with restricted Indian use allowed for non-consumptive applications like hydropower.
• India gets about 20%, mainly from the eastern rivers.

INDUS WATERS TREATY AND PAKISTAN

• Almost 80% of the cultivated land in Pakistan, which spans some 16 million hectares, is wholly based on these waters.
• 93% of this water goes into agriculture, which is the backbone of Pakistan's rural economy.
• More than 237 million people live in the Indus Basin, with Pakistan providing home to roughly 61% of them.
• Major urban cities such as Karachi, Lahore, and Multan depend extensively on the Indus system for water supply for urban purposes.
• Key hydropower plants, including Tarbela and Mangla, are powered by unbroken river flows.

India's decision to suspend the Indus Water Treaty (IWT) marks a clear change in its strategic stance against Pakistan. Suspension removes current restrictions, allowing India more freedom to control water flows from the western rivers.

WHAT'S NEXT FOR PAKISTAN?

Pakistan has not made an official statement yet, but diplomatic pushback, legal arbitration, and World Bank intervention seem imminent in the next few days.

Although the Indus Waters Treaty (IWT) - facilitated by the World Bank - does not directly refer to the jurisdiction of the International Court of Justice (ICJ), it does establish a formal three-tier process for the resolution of disputes.

This process starts with the Permanent Indus Commission (PIC), which has commissioners appointed by India and Pakistan.

The PIC deals with any disputes regarding the division of the Indus River system between the two nations. The agreement, signed by India's then Prime Minister Jawaharlal Nehru and President General Ayub Khan of Pakistan, clearly indicates that neither country has the authority to abrogate the agreement on its own.

Article XII of the agreement reads:

"The provisions of this Treaty. shall remain in effect unless replaced by a treaty that has been duly ratified by both governments."

In case India makes the formal bid to withdraw from the agreement, procedure would need to adhere to precepts under the 1969 Vienna Convention on the Law of Treaties - an international structure that provides terms for treaties entered into between nations.

Experts have noted that nations such as the United States and Israel have pulled out of treaties in the past when national security was involved, and India may also shun any serious diplomatic backlash.

Further, India's stance is bolstered by the fact that it is not reliant on World Bank funding tied to the treaty - lessening the threat of financial repercussions.