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The Future Of Indus Water Treaty: Need To Renegotiate And Include Climate Change Impact




S.P. Ezhiloviya, Madras Bar Council


1. INTRODUCTION


One need not reiterate the importance of water for existence. India is a country which is abundantly surrounded by water bodies. Time and again, it has been established that the lack of water for drinking, agriculture, industrial purposes and for many other essential purposes has been a limiting factor for development in regions all around the globe. The inherent scarcity of water Although the freshwater percentage of the world is only 3%, India has its fair share of numerous fresh water sources running through it. But due to the enormous population of our country and the ill conservation of the water bodies in addition to the increasing impact of climate change, we are at a dire stage. It is therefore no other better time than to start now to incorporate provisions to combat with climate change. It is still a pitiful condition that climate change is not taken as seriously as it should be. It has affected our planet so intimately to the point every household around the world feel it’s impact in multiple ways. It is no more the abstract concept that people perceived it to be. It is dire but an essential truth to know that the impact is only going to grow worse and the effects on water bodies will be more pronounced than the present. It is therefore essential for us to alter the water treaties in accordance with the current conditions.


It is also essential to know that almost 60 % of the total freshwater resources are supplied by transboundary river basins. Providing clean water to everyone and climate action form part of the Sustainable Development Goals. Transboundary water treaties are there for the reason that it enables the countries involved to distribute the resources in an equitable and efficient way.


The standing committee of water resources submitted its 12th report to the Lok Sabha. Therein, it had recommended that the Indus River Water Treaty, 1960 signed between India and Pakistan to be renegotiated and changed incorporating the climate change component. Since the treaty was signed in 1960, it does not have provisions to combat climate change on water availability. Therefore, it is high time that changes have to be renegotiated and incorporated to enable precious water resources to be utilised in the most efficient way possible. With the fast- depleting river on one side and the frequent flooding on the other, there has been wide arching impact on both the countries. The author in this paper have attempted to understand the Indus River Water Treaty in the present context especially in the light of Climate Change Impact. The author have also studied other similar trans boundary treaties signed by India to dissect into climate change impact and the necessity for change in those treaties. The author in the third part has compared and contrasted the Mahkali Water Treaty - certain provisions of which can be used in the Indus River Water Treaty to ensure an effective renegotiation of the Indus River Water Treaty from the perspective of Climate Change Impact. In the final part the author, has suggested how the treaty with Pakistan could be possibly implemented in this present geo- political scenario.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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