By Usman Khan

South Asia is the southern region of Asia , known as geographically ethno-cultural belt .The region comprises of the countries of Pakistan, Afghanistan, Bangladesh, Bhutan, India, Nepal, Sri Lanka and the Maldives. Historically, it is dominated by the Indian Plate and defined largely by the Indian Ocean on the south, and the Himalayas, Karakoram, and Pamir Mountains on the north. The Amu Darya, which rises north of the Hindu Kush, forms part of the northwestern border. On land (clockwise), South Asia is bounded by Western Asia, Central Asia, East Asia, and Southeast Asia.

The water disputes in South Asia are one of the major causes of serious concern and mistrust among its neighboring countries. Except Bhutan, every country in South Asia has an unresolved water dispute. Ironically, it is India which is a disputed party to all these both with Pakistan or Bangladesh in the capacity of upper riparian and with Nepal as a lower riparian. A huge dispute with China is also in the offing. Equally, it is South Asia again where some of the successful water dispute resolution treaties have been signed.

Due to the bitter experience of the Partition of sub-continent, it is a constant source of the ongoing and future water disputes amongst the South Asian countries. The water-sharing was regarded in both countries as unsettled and controversial issue. Pakistan-India Water Dispute falls in the list of those 15 countries that get more than 75% water from external sources. The history of Pakistan India water disputes dates back to 1948 when India, having control of barrages in Eastern Punjab, stopped the canal water inflow to Pakistani Punjab intentionally, causing acute anxiety in Pakistan. The Crops in Punjab Pakistan was badly affected giving rise to a serious dispute between the two countries.

After a decade of negotiations, Indus Basin Water Treaty (IWT) was finally signed on 19 September 1960 with the cooperation of World Bank.36 Indus Water Treaty-1960. The treaty contains twelve articles and was signed by the then president of Pakistan and prime minster of India and the representative of the World Bank in which India attained unrestricted water usage rights of three eastern rivers; Ravi, Sutlej and Beas and Pakistan also received the unrestricted use of the waters of the Western Rivers namely Indus, Jhelum and Chenab; which India is under obligation to let flow.

Both parties regularly exchanged the flow-data of rivers, canals and streams. A permanent Indus Waters Commission was constituted to resolve the disputes between the parties. The Treaty sets out the procedure for settlement of the differences and disputes. It also provides for settlement of disputes through the International Court of Arbitration. Thus, while water-sharing was settled, a new fraught relationship emerged, marked by persistent and intractable differences between the two countries over Indian projects on the western rivers. The situation partly reflects the bitterness and political hostility between India and Pakistan, the origins of differences and disputes lay in the treaty itself.

As mentioned above, the IWT permits India to build run-of-the-river hydroelectric projects on the western rivers, but these provisions are hemmed in with stringent conditions and restrictions to ensure that Pakistan is protected from stoppage of flows or harmful flooding. The balancing act between permissive and restrictive provisions was easy to write into the treaty but not so easy to implement. India tries to utilize the permissive provisions to the full, and Pakistan tries to apply the restrictive provisions stringently. The two countries thus pull in opposite directions, leading to a permanent tug of war in the Indus Commission. 

After signing of the treaty, Pakistan undertook construction of Tarbela and Mangla Dams, 5 barrages, one siphon and 8 inter river link canals.38 Supplemented by the already existing 6 barrages and 35 canals in Indus River Basin39, result was the development of largest contiguous canal network in the world. Despite signing of Indus Water Treaty (IWT), there have been numerous water disputes between the two countries these include Wular Barrage. In 1985, India undertook construction of Tulbul Navigational Project; which involved construction of a barrage near Sopor, 25 km north of Srinagar, with a storage capacity of 300,000 acre feet and planned power generation of 960 Megawatt. Pakistan protested terming it a clear violation of Article 1 (11) and Article 3(8) of Indus water treaty. This project could give India the capability to reduce water inflow in Mangla Dam during dry season seriously reducing the inflow in UJC, UCC and UBDC. After a series of unsuccessful discussions, Pakistan threatened to take the case to International Arbitral Court. India stopped the works on the project thereafter it is Located on Kishanganga (Neelum) River near Kanzalwan, the project envisages construction 103 M high dam to divert the water of Kishanganga to Wular Lake through tunnels. The project has electricity generation capacity of 330. Pakistan has objected to the project terming it a violation of IWT. The project will seriously affect 969 MW Neelum Hydro Project which Pakistan intends undertaking on Neelum River. Still no settlement has been reached between the two countries on the issue of Baglihar Hydropower Project. This project involves construction of 144.5 M high concrete gravity dam on Chenab River, 90 km north of Jammu and upstream of Salal Dam. It has power generation capacity of 450 MW. Pakistan raised a number of objections on the design parameters of the dam which were found in clear violation of IWT. The dispute, after years of unsuccessful talks, was referred to the World Bank appointed neutral expert, a Swiss civil engineer who gave his decision in Feb 2007. The decision asked India to make necessary amendments in design parameter on three out of four major technical objections raised by Pakistan.42 It is believed that minor changes in design parameters will not make a considerable difference to the initial design. However, will cost India billions of extra rupees and delay in completion of project.

The project, already completed, has a storage capacity of 9000 acre feet and is located upstream of Baglihar Hydropower Project. A small project which does not have a significant effect on pakistan. However, Pakistan opposes it so that India is not encouraged to undertake further such like projects on Eastern Rivers. All the above mentioned projects and Salal Dam on which an agreement was reached between India and Pakistan. This Water was started by India without informing Pakistan which is in violation of IWT and there is no guarantee that India will not do the same in future.

Above mentioned projects do not give India the capability to divert water; however it can provide India to the leverage of holding water for 25-26 days which can seriously affect water inflow at Marala Head Works/Mangla Dam causing acute shortage of water for winter crops. This besides, causing electricity shortage, can greatly affect wheat crop in Punjab. Low inflow at Marala Head Works can greatly undermine the defense value of BRBL Canal during campaigning season.

India’s future energy and water demands, which are enormous, can compel her to undertake projects in the sheer violation of IWT. Certain quarters in India are already saying that IWT is more of a binding for India and should therefore be abrogated. Though India does not have the capability to divert water from the western rivers at present, still there is a possibility of a project similar to China’s Great South-North Water Transfer Project cannot be ruled out and needs to be studied by Pakistani experts for its technical feasibility. Any reduction in water inflow to Pakistan always caused the shortage of water for irrigation and supplemented by adverse climatic conditions and other internal water mismanagement issues, triggered the inter-provincial water conflicts of serious magnitude. India several time violated IWT which further aggravated the serious differences between India and Pakistan and might become prelude to a major war.

The entanglement of India with all its immediate neighbors shows clearly that it want impose itself and policy on its small neighbors at any cost and is hell bent upon to destroy the peace of south Asia .It would be better for India to resolve its internal problems and improve the living standards of its citizens including controlling poverty, health conditions, equal education opportunities to all its citizen rather than teasing its nearby neighbors which always jeopardized the peace of sub-continent and south Asia