Where will Indus water go ? By Justice Katju

Breaking Down the Indus Waters Treaty: Provisions, Suspension, and Potential Consequences

I saw this post on the website indicanews.com, which made me wonder how the suspension of the Indus Waters Treaty, 1960 could actually and practically be implemented 

https://indicanews.com/india-keeps-indus-waters-treaty-in-abeyance-marks-one-year-of-operation-sindoor

The Indus Waters Treaty was suspended on April 23rd 2025 by the Indian government after the Pahalgam attack and Operation Sindoor, which means that the water of the Indus and other western rivers will not be allowed to go into Pakistan.

The Indus Waters Treaty, 1960, signed by India and Pakistan provided that the waters of the 3 western rivers, the Indus, Chenab and Jhelum, would be under the control of Pakistan, while that of the eastern rivers, the Ravi, Beas and Sutlej, would be under the control of India 

https://mea.gov.in/bilateral-documents.htm?dtl/6439/Indus

https://en.wikipedia.org/wiki/Indus_Waters_Treaty

India is the upper riparian state, while Pakistan is the lower riparian state. Suspension of the Treaty means that the waters of the 3 western rivers will no longer be allowed to go to Pakistan. In other words, they will be diverted to India.

Leaving aside the question of legality of such suspension, how can such a suspension be actually implemented ? 

The waters of the 3 western rivers will not stop flowing, whether the Treaty is suspended or not. If such waters of the 3 western rivers are diverted into India, Indians will have to build dozens of huge structures like dams, barrages, reservoirs etc where such water can be stored, and hundreds of canals for sending it later to agricultural fields, cities in India etc.

Presently India does not have such structures, and they will require hundreds if not thousands of crores of rupees to build, and take many long years to construct. Until they are built ( if at all they are built ), suspension of the Treaty means nothing, and seems only a stunt and a gimmick for getting votes in Indian elections.

Moreover, diverting the course of a river is a superhuman task, which will cost thousands of crores of rupees, if at all it can be done. The course of a river is made by nature, not artificially, by geographical forces over thousands of years.

For example, the Jamuna river coming from the Himalayas flows from Delhi to Allahabad ( Prayagraj ), where it joins the Ganga. Can it be diverted so that it flows from Delhi to Rajasthan or Gujarat, instead of going to Allahabad ? That would require digging deep underground passages hundreds of miles long, costing thousands of crores of rupees ( assuming it can be done at all ). The very idea seems ridiculous.

Apart from that, there is the humanitarian consideration too. Pakistan is already short of water, and there are often disputes between Pakistani Punjabis and Sindhis over water

https://thediplomat.com/2024/12/why-are-the-sindhis-protesting-in-pakistan

https://theprint.in/world/tensions-escalate-between-pakistans-punjab-sindh-provinces-over-water-share/956495

So should India deprive Pakistanis of even the little water they have ? Should Pakistan be turned into a Karbala, where Imam Husain and his family members and followers were deprived of water from the Euphrates river in the scorching heat in 680 AD ? After all, Pakistanis are humans too

https://www.facebook.com/matwproject/posts/do-you-know-why-water-means-more-in-muharram-in-karbala-water-wasnt-just-withhel/1282809516537150

https://www.facebook.com/MuslimHandsCanada/posts/in-the-scorching-plains-of-karbala-even-a-drop-of-water-was-denied-to-the-family/1149542250553453

Author

  • markandey katju

    Markandey Katju is an Indian jurist. He was the former judge of Supreme Court of India. He also was chairman of the Press Council of India from 2011 to 2014.

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