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India-Pakistan Treaty: Legal Perspectives on Cooperation and Conflict

Authored by Ms. Shreya Sharma, Founder, Rest The Case

Insight Convey by Insight Convey
May 26, 2025
Ms. Shreya Sharma

Ms. Shreya Sharma

Authored by Ms. Shreya Sharma, Founder, Rest The Case

India and Pakistan, two nations bound by geography, history, and shared resources, have gone through decades of a complex relationship marked by alternating phases of conflict and cooperation. One of the biggest milestones along their diplomatic journey is the Indus Waters Treaty (IWT), a landmark water-sharing agreement that has been, to a great extent, instrumental in the management of water resources on a shared basis and in keeping a steady line of communication open between the two neighbours.

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What is the Indus Waters Treaty?

The Indus Waters Treaty was signed back in 1960 with the World Bank as a broker for the use and distribution of the Indus River system, upon which the agricultural and economic lives of both countries depend. However, the treaty divided the rivers into eastern and western rivers, allotting the eastern rivers– Beas, Ravi, and Sutlej- to India and the western rivers– Indus, Jhelum, and Chenab- to Pakistan. Meaning that India was allowed to draw only 30 percent of the total water, whereas Pakistan received the remaining 70 percent, that too only for non-consumptive use in irrigation, transport, and hydroelectric projects.

Where Does the Treaty Apply?

The Indus Waters Treaty governs the management, usage, and regulation of the entire Indus basin, covering the six rivers that flow through both countries. The treaty provides some intricate regulations relating to the construction of projects on rivers and the sharing of waters. The treaty isn’t just a legal document, but it is also the very lifeblood for millions who drink from these waters and use them for farming and industrial purposes.

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Recent Developments and Challenges

Despite being one of the successful treaties, it has faced huge challenges in the recent past. On 23 April 2025, India suspended the IWT, citing national security concerns and Pakistan’s alleged state-sponsored terrorism. This was a never-before-seen move after a series of increasing diplomatic and trade tensions.

The suspension has a far-reaching effect. It threatens water security for millions, while the suspension immediately withdraws one of the very few remaining avenues through which the two nations still engaged peacefully. The breakdown of such a crucial agreement raises serious concerns about the ways the shared resources in these regions will be handled. The Indus Waters Treaty is more than just a legal document; despite its imperfections and fragility, it symbolises a promise that even rivals can share something so essential and enduring. In an era of rising nationalism and climate uncertainty, that promise matters. After all, when peace seems impossible, it’s a gentle reminder: the rivers haven’t stopped flowing

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