India issues notice to Pakistan for modification of Indus Water Treaty

“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 Indus Water Treaty (IWT). This process would also update IWT to incorporate the lessons learned over the last 62 years,” said sources. They did not elaborate on what were “the lessons learned” or how the “material breach of IWT” would be rectified.

The Indian side says it was forced to make the move after Pakistan took unilateral action for examining its objections to India’s HEPs. In 2015, Pakistan first requested for appointment of a neutral expert to examine its technical objections to India’s Kishenganga and Ratle Hydro Electric Projects. In 2016, it unilaterally retracted this request and proposed that a Court of Arbitration adjudicate on its objections.

“This unilateral action by Pakistan is in contravention of the graded mechanism of dispute settlement envisaged by Article IX of Indus Water Treaty. Accordingly, India made a separate request for the matter to be referred to a neutral expert,” said sources.

“The initiation of two simultaneous processes on the same questions and the potential of their inconsistent or contradictory outcomes creates an unprecedented and legally untenable situation, which risks endangering Indus Water Treaty itself. The World Bank acknowledged this itself in 2016, and took a decision to “pause” the initiation of two parallel processes and request India and Pakistan to seek an amicable way out,” they added.

Despite repeated efforts by India to find a mutually agreeable way forward, Pakistan refused to discuss the issue during the five meetings of the Permanent Indus Commission from 2017 to 2022. 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 notice of modification, said sources.