The article by India’s Ambassador to the United States, Vinay Kwatra, published on August 1, 2026, discusses the Indus Waters Treaty (IWT), suggesting that it offers undue concessions to Pakistan. He accuses Pakistan of blocking India’s hydropower development on the Western Rivers. This narrative has become more common since India declared in April 2025 that it would hold the Treaty ‘in abeyance.’ This declaration lacks any legal basis within the Treaty or international law.
Background of the Indus Waters Treaty
The IWT, signed on September 19, 1960, is a binding international agreement facilitated by the World Bank after a decade of negotiations. It was not an act of Indian generosity nor a concession to Pakistan. Its purpose was to create a legal settlement with clear rights and obligations for both countries to replace upstream discretion. This was meant to ensure stability in managing the Indus River System.
Under the IWT, India received full use of the Eastern Rivers (Ravi, Beas, and Sutlej), while Pakistan’s rights to the Western Rivers (Indus, Jhelum, and Chenab) were protected under an extensive legal regime. Pakistan adjusted its irrigation system in line with the new allocations, despite its historical dependence on the Eastern Rivers. Describing this arrangement as unfair overlooks the conditions during negotiation and the balanced provisions of the Treaty.
Hydropower Development and Dispute Resolution
The Treaty allows India to build run-of-river hydroelectric plants on Western Rivers, following specific design and operational criteria. The claims that Pakistan has obstructed this development are misleading. Pakistan’s use of dispute-settlement mechanisms under Article IX is a legitimate right provided by the Treaty. These mechanisms address technical issues related to project safety and compliance.
India must respect both the provisions allowing for hydropower development and the technical and dispute-resolution mechanisms. The Court of Arbitration has confirmed the Treaty’s ongoing validity and the need for projects to adhere to its limits. Political or security allegations cannot justify altering a binding international agreement. Terrorism or other disputes cannot create a right to unilaterally suspend or rewrite the IWT.
Continuing Importance of the IWT
The IWT remains legally binding, with Article XII stating it continues until terminated by a duly ratified treaty between both governments. India’s unilateral action in 2025 does not change the Treaty’s status or affect the rights and obligations it outlines.
For over sixty years, the IWT has served as a framework for managing the Indus River System’s waters. Its success depends on binding rules and dispute resolution, rather than political goodwill. Undermining the Treaty poses risks to regional stability. Pakistan is committed to its full implementation. India should comply with Treaty obligations and use established mechanisms for engagement.
Pakistan views the Treaty as essential for water security, affecting the livelihood and well-being of 250 million citizens. It also protects the stability in South Asia. Ambassador Rizwan Saeed Sheikh of Pakistan reaffirms this commitment, emphasizing the Treaty’s importance beyond political interests.
