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. Can India stop all water flow to Pakistan?
Nitin Gadkari, Union Minister for water resources and transport, has said the government “has decided to stop our share of water which used to flow to Pakistan. We will divert water from Eastern rivers and supply it to our people in Jammu and Kashmir and Punjab”. On Friday he said India is also considering to stop Pakistan’s share of water. So can India cut off all sources of water to Pakistan, and what would be the legal standing of such a decision?
Nitin Gadkari, Union Minister for water resources and transport, has said the government “has decided to stop our share of water which used to flow to Pakistan. We will divert water from Eastern rivers and supply it to our people in Jammu and Kashmir and Punjab”. On Friday he said India is also considering to stop Pakistan’s share of water. So can India cut off all sources of water to Pakistan, and what would be the legal standing of such a decision?
- Not all: India and Pakistan have been sharing water under a decades-old treaty called the Indus Water Treaty — mediated by the World Bank after frequent disputes. The need arose as the Indus River system, which is Pakistan’s biggest source of water by a mile, flows from India. The Indus system comprises the Indus river and its tributaries. Under the treaty, India was allocated the waters of three tributaries in the east — the Sutlej, Beas and Ravi — and the waters of Chenab, Jhelum and Indus to Pakistan. That gives India nearly 20% of the 168 million acre-feet of water in the Indus river system or nearly 33 million acre-feet. But India uses only around 93% of it.
- Not new: Why wasn’t India using its share of water? The answer perhaps lies in the slow pace of progress in the construction of three dams: the Shahpur Kandi dam project, a second Sutlej-Beas link in Punjab and the Ujh Dam project in Jammu and Kashmir. After the 2016 terror attack on the army base in Uri in J&K, India decided to fast-trackthe work on these dams.
- India’s prerogative: The decision to withhold this water for use in J&K and Punjab is well within India’s right. This was underlined by Pakistan’s ministry of water resources as well, who said: “We have neither concern nor objection if India diverts water of eastern rivers and supplies it to its people or uses it for other purposes, as the IWT allows it do so.” But stopping or reducing the flow of water from Indus, Chenab and Jhelum — which Gadkari has not ruled out — would be another matter as that would mean breaking a treaty. It would also be against the principles of the 1997 United Nations Convention on Non-Navigational Uses of International Watercourses, which calls on “equitable and reasonable use” and “the obligation not to cause significant harm” to neighbours. Note: Indus and also Brahmaputra originate from Tibet, which is under China’s control.
- A pinch nevertheless: But it is not that restrictions on eastern tributaries will not pinch Pakistan. Over 75% of agriculture in Pakistan is sustained by irrigation. And the unused water by India has been contributing to this. India and Pak have for long been bickering over IWT and there is significant pressure on Islamabad from the farmers. Remember Imran Khan’s attempt to crowdsource a dam in Pak-occupied Kashmir? Clearly, water is precious — whether it is flowing in as per a treaty or for free — and a shortfall pinches.