India Terms 1960 Indus Waters Treaty 'Outdated' at United Nations Session
At the 62nd Session of the UN Human Rights Council, India declared the 1960 Indus Waters Treaty outdated and asserted that water cooperation cannot be separated from accountability on cross-border terrorism.
Key Facts
- India declared the Indus Waters Treaty (IWT) outdated at the 62nd Session of the UN Human Rights Council.
- The Indus Waters Treaty was signed in 1960 in Karachi, brokered by the World Bank (IBRD) to resolve Partition-era water disputes.
- Under the treaty, the three Eastern Rivers (Ravi, Beas, Sutlej) are allocated to India, while the three Western Rivers (Indus, Jhelum, Chenab) are allocated to Pakistan.
- India has kept its treaty meetings in abeyance since the May 2025 terror attack in Pahalgam, Kashmir.
India has escalated its diplomatic challenge to the 1960 Indus Waters Treaty (IWT) by formally declaring it "outdated" at the United Nations Human Rights Council (UNHRC) in Geneva. Indian diplomats asserted that international treaties must reflect modern ecological and political realities, emphasizing that cooperation on water sharing is incompatible with the sponsorship of cross-border terrorism.
1. Background and the World Bank's Mediation Role
The Indus Waters Treaty was signed in Karachi on September 19, 1960, by Indian Prime Minister Jawaharlal Nehru and Pakistani President Ayub Khan. The treaty was negotiated and brokered by the World Bank (then the International Bank for Reconstruction and Development - IBRD) after nearly a decade of disputes over water access following the Partition of India.
2. The Allocation of River Basins
The treaty established a division of the Indus River system, allocating control over six transboundary rivers:
- Eastern Rivers (Ravi, Beas, and Sutlej): Control was allocated exclusively to India for unrestricted usage. This accounts for roughly 20% of the total water of the Indus basin.
- Western Rivers (Indus, Jhelum, and Chenab): Control was allocated primarily to Pakistan (accounting for roughly 80% of the basin's water). However, India was granted limited rights to use these waters for domestic, non-consumptive agricultural, and run-of-the-river hydroelectric power projects.
3. Dispute Resolution Mechanism
The treaty defines a three-tiered mechanism for resolving differences and disputes:
- Permanent Indus Commission (PIC): Composed of commissioners from both countries who meet annually to exchange data and resolve bilateral questions.
- Neutral Expert: Appointed by the World Bank to resolve technical differences (e.g., regarding the design features of Indian dams).
- Court of Arbitration: Formed to adjudicate larger legal interpretations of the treaty.
India currently objects to Pakistan's parallel activation of both a Neutral Expert and a Court of Arbitration for the Kishanganga and Ratle hydroelectric projects, calling it a violation of the treaty's sequential dispute settlement framework.
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