India notifies Pakistan of plans to amend Indus Water Treaty of 1960
In a stern message, India has issued a notice to Pakistan for modification of the Indus Waters Treaty (IWT) of September 1960 following Islamabad’s “intransigence” on its implementation, government sources said on Friday. The notice was sent on January 25 through respective commissioners for Indus waters, they said.
Sources said India has always been a steadfast supporter and a responsible partner in implementing the IWT in letter and spirit. “However, Pakistan’s actions have adversely impinged on the provisions of IWT and their implementation, and forced India to issue an appropriate notice for modification of the pact,” said a source.
Due to Pakistan’s “intransigence” in finding a resolution to the disputes over the Kishenganga and Ratle Hydro Electric Projects (HEPs), India has given Pakistan notice that the Indus Waters Treaty (IWT) will need to be modified.
According to sources, a notice sent on January 25 through the appropriate Indus Waters Commissioners in accordance with Article XII (3) of the IWT stated the Indian intention.
“The objective of the notice for modification is to provide Pakistan with an opportunity to enter into intergovernmental negotiations within 90 days to rectify the material breach of IWT. This process would also update IWT to incorporate the lessons learned over the last 62 years.
What the lessons learned were, or how the “major breach of IWT” will be fixed were not explained in detail by the sources.
Pakistan asked for the appointment of an impartial expert to look into its technical objections to India’s Kishenganga and Ratle Hydroelectric Projects for the first time in 2015. It unilaterally withdrew its request in 2016 and suggested that its objections be decided by a Court of Arbitration.
“This unilateral action by Pakistan is in contravention of the graded mechanism of dispute settlement envisaged by Article IX of IWT. Accordingly, India made a separate request for the matter to be referred to a neutral expert.”
There is a chance that IWT will be put in jeopardy as a result of the start of two concurrent processes on the same questions and the possibility of their conflicting or contradictory results.
Throughout the five meetings of the Permanent Indus Commission from 2017 to 2022, Pakistan refused to discuss the matter, despite India’s continuous attempts to find a mutually beneficial solution.
At Pakistan’s continuing insistence, the World Bank has recently initiated actions on both the Neutral Expert and Court of Arbitration processes. Such parallel consideration of the same issues is not covered under any provision of IWT.
“Faced with such violation of IWT provisions, India has been compelled to issue a notice of a modification,” the source said while adding that the objective of the notice for modification is to provide Pakistan an opportunity to enter into intergovernmental negotiations within 90 days to rectify the material breach of IWT. “This process would also update IWT to incorporate the lessons learned over the last 62 years,” the source added.
The World Bank recently started taking action on both the neutral expert and Court of Arbitration processes in response to Pakistan’s continued insistence. No provision of IWT permits such concurrent evaluation of the same concerns. India has been forced to issue a notice of modification in response to this infringement of the IWT requirements, as per sources.
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Ram bhakts following procedure, procedure, procedure & procedureS………… do not yet see any of the Ravan clan
Careful. Indus enters India through Tibet. Controlled by China
Modi will end up with Pani Nahi Aaya !
or
Bhahuth Pani ( floods) Aaya! Kya kiya!