India’s Concessionary Indus Water Treaty with Pakistan: An Examination of Historical Sacrifice

New delhi: The Indus River System, consisting of six major rivers, has been a vital source of sustenance for both India and Pakistan, particularly following the partition of British India in 1947. The division of this river system between the two nations led to a significant water-sharing agreement, known as the Indus Waters Treaty, which was facilitated by the World Bank and signed on 19 September 1960. This treaty has had profound implications for both countries, particularly for India, which made substantial concessions to ensure stability and normalized relations with Pakistan.

According to Ghana Web, the negotiations leading up to the treaty revealed an asymmetry in approach between India and Pakistan. India adopted a reasonable and constructive stance, while Pakistan presented maximalist demands. This led to outcomes that favored Pakistan more than equity might have warranted. One early proposal by the World Bank in 1954 required India to abandon planned developments along the Indus and Chenab rivers, forgo substantial water diversions, and refrain from certain water developments, while Pakistan delayed its acceptance of the proposal until 1958. This delay tactic by Pakistan resulted in restrictions being placed on India, allowing Pakistan to develop new uses on the Western rivers without equivalent constraints.

Under the treaty's water allocation formula, India received exclusive rights to the three Eastern rivers-Sutlej, Beas, and Ravi-while Pakistan gained rights to the Western rivers-Indus, Chenab, and Jhelum. This allocation resulted in Pakistan receiving approximately 80 percent of the system's water, leaving India with 20 percent. India did not gain new water but instead received formal acknowledgment of flows it already accessed, in exchange for relinquishing claims to the larger Western river system. Furthermore, India was permitted limited, non-consumptive uses of the Western rivers for hydropower generation, subject to strict design and operational restrictions.

A notable financial aspect of the treaty was India's agreement to pay approximately £62 million (approximately $2.5 billion in present value) to Pakistan for the construction of water resources infrastructure. This payment set a precedent where the upstream country, India, not only surrendered the majority of the system's water but also subsidized Pakistan's acceptance of a deal favoring it in terms of water allocation.

The treaty imposes unilateral restrictions on India's use of the Western rivers, including limitations on irrigated cropped area, storage facility volume, and design criteria for hydropower facilities. These restrictions apply exclusively to India, without imposing corresponding obligations on Pakistan. The result is a treaty that places oversight and restraint on India, the upstream state, while guaranteeing flows to Pakistan, the downstream state.