India has issued a notice to Pakistan, adamant on not resolving the Kishanganga and Ratle hydropower project disputes in Jammu and Kashmir, stating the need to amend the Indus Water Treaty, of 1960.
India give notice to Pakistan
Media reports quoted sources as saying that India issued this notice on January 25 through commissioners appointed under Article XII (3) of the Indus Water Treaty. to provide an opportunity to enter into inter-governmental negotiations to rectify violations of Also, this process will also update the Indus Water Treaty as the situation has changed in the last 62 years.
According to the news agency Press Trust of India, “India has stated that it is following the Indus Waters Agreement, 1960 with full determination, responsibility and participation. However, due to the actions of Pakistan, and the provisions of the Indus Waters Agreement There has been an adverse effect. Due to this, India has been forced to send a notice for an amendment to the Indus Water Treaty.
Under the Indus Waters Agreement signed between India and Pakistan on September 19, 1960, the waters of the Eastern Rivers (Ravi, Basin, Sutlej and its tributaries) in the Indus Water System were allocated to India, while India was entitled to the rights of Pakistan under the provisions of the agreement.
Kishanganga and Ratle hydropower projects
On the other hand, the water flow of the western rivers (Indus, Jhelum and Chenab and its tributaries) is to be continued. The Kishanganga and Ratle hydropower projects in India’s Jammu and Kashmir are on these western rivers, on which Pakistan has objections.
According to media reports, in 2015, India requested Pakistan to appoint an impartial expert to examine the Kishanganga and Ratle hydropower projects and reveal technical flaws. However, in 2016, Pakistan unilaterally withdrew the request and proposed that an arbitration court rule on its objections.
According to media reports, starting two processes on one issue and the same question can not only lead to controversial results but can also damage the Indus Water Treaty. In 2016, aware of this, the World Bank had recommended that both parties stop the process and seek an amicable solution.
At the same time, it has been said in media reports that the unilateral decision taken by Pakistan for the hydroelectric projects violates Article IX of the Indus Water Treaty. In this article, a graduated mechanism for resolving disputes has been suggested. That is why India had requested Pakistan to appoint an impartial expert in this matter.
In the Indus Water Treaty, which came into force on April 1, 1960, commissioners were appointed on both the Indian and Pakistani sides. At the same time, both countries have to hold a meeting on their respective topics in turn. The two countries have met five times between 2017 and 2022, and in all these meetings, Pakistan has opposed India’s hydroelectric projects on western rivers.
The recent India-Pakistan meeting under the Indus Water Treaty was held in New Delhi on May 30-31, 2022. Both countries described the meeting as cordial. In addition, both countries had requested to share pre-flood conditions and related information. However, even at this meeting, Pakistan had raised objections to India’s hydro projects.
1960 Indus Water Treaty
The Indus Waters Treaty was signed by the two fledgling rival nations in 1960 after the independence and partition of the two countries. The treaty governs the distribution and use of the waters of the Indus River and its multiple tributaries. The treaty was signed by Prime Minister Jawaharlal Nehru and Pakistani President and Marshal Ayub Khan.
The Indus River begins its journey in the upper Himalayan ranges, with some glaciers also located in Tibet, although most of the water enters the system in the states of Himachal Pradesh and Jammu and Kashmir.
The waters then flow through Punjab, Haryana, Rajasthan and the Pakistani provinces of Punjab and Sindh. The Indus river system contributes a total of 113 million acre-feet (MAF) through six of its major rivers – the Beas, Ravi, Sutlej, Indus, Chenab and Jhelum.
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