JAMMU: The Department of Strategic and Regional Studies, University of Jammu today organized a special lecture on “Indus Water Treaty: Emerging India’s Concerns.” Former Director General of Police, Jammu and Kashmir Dr S P Vaid (IPS) was the Chief Guest on the occasion while eminent journalist Mr Sant Kumar Sharma gave a detailed presentation on the Indus Water Treaty. Prof Virender Koundal, Director Strategic and Regional Studies (DSRS) dwelt on the theme of the special lecture.
Speaking on the occasion, the Chief Guest, Dr. S.P. Vaid stressed on the challenges India faces due to Pakistan’s actions, including terrorism, counterfeit currency, and narco-terrorism, alongside hindrances in modifying the Indus Water Treaty. He emphasized the need for a timely review of the treaty in India’s national interest.
In a detailed presentation, the Resource Person Mr Sant Kumar Sharma shared his insights on India’s recent notices under Article XII (3) of the Indus Waters Treaty (IWT) of 1960, the latest of which was issued to Pakistan on August 31, 2024. He said that Article XII of the treaty allows for modifications, though none have been made since its signing in 1960.
He said Article XII, the last article of the Treaty, is called Final Provisions and it envisages ‘modification of the Treaty from time to time’. It reads: The provisions of this Treaty may from time to time be modified by a duly ratified treaty concluded for that purpose between the two Governments.” So far, after its signing in September 1960, the Treaty has not been modified even once in last 64 years. Despite hiccups, the two sides were carrying on with it and never sought any changes or modification. Due to Pakistan’s repeated attempts to stall hydel power projects, mostly on the Chenab, India has decided to invoke the relevant article for modification of the Treaty. This is not something outside the Treaty and well within its ambit as the provision for its modification lies within, he added.
He further said: “Why was India forced to invoke Article XII of the Treaty when things were proceeding all right with Pakistan? No, this is a wrong impression that things were moving smoothly between the two sides all these years. Around a decade back, India intimated Pakistan about Kishenganga hyderl project in Gurez and Ratle project on Chenab in Kishtwar. Pakistan object to both these projects and issues escalated from there onwards.” “Incidentally, the Treaty provides for a dispute resolution mechanism under Article IX.
There is a three-stepped approach that has to be followed. At the first level, Permanent Indus Commission (PIC) tries to address ‘questions’ by mutual consultations. At the second level, a Neutral Expert resolves ‘differences’ by his intervention and hearing both sides. At the third level, a Court of Arbitration (CoA) is appointed which gives its verdict.” “In Kishenganga and Ratle cases, Pakistan has initiated both step 2 and step 3 of the dispute resolution mechanism. India has taken this as a breakdown of the Treaty saying hearings in two forums simultaneously cannot be undertaken.
What if Neutral Expert and Court of Arbitration (step 2 and step 3) give different verdicts? Whose verdict will have to be implemented?” “India is participating in the proceedings before the Neutral Expert but boycotted the actions taken by the Court of Arbitration (CoA). These actions by Pakistan of simultaneously starting step 2 and step 3 of the dispute resolution mechanism have been termed violative of the Treaty by India.”
The lecture was followed by an engaging Q&A session, where scholars and students raised questions about the treaty and its implications for India. Prof. Virender Koundal presented mementos to the Chief Guest and the speaker in appreciation of their contributions.
Earlier, the event commenced with the ceremonial lighting of the lamp and tributes to Bharat Mata and Saraswati Mata by Dr. S.P. Vaid (IPS), Prof. Virender Koundal and Mr. Sant Kumar Sharma, among other dignitaries.
The event was attended by faculty members, including Dr. Mohd. Monir Alam, Dr. Surinder Mohan, Dr. Ganesh Malhotra, and Dr. Ranjan Sharma, as well as non-teaching staff, postgraduate students, and research scholars from DSRS. Dr. Ganesh Malhotra gracefully conducted the proceedings and delivered the vote of thanks to conclude the session.
