New Delhi: In response to the recent terror attack in Pahalgam that killed 28 people, India on Wednesday announced the suspension of the 1960 Indus Waters Treaty (IWT) with Pakistan. The decision was part of a set of retaliatory measures aimed at pressuring Islamabad to withdraw its support for cross-border terrorism.
The announcement was made by Foreign Secretary Vikram Misri during a press conference held after a high-level meeting of the Cabinet Committee on Security (CCS) chaired by Prime Minister Narendra Modi. Misri stated that the treaty would remain suspended until Pakistan credibly and irrevocably abjures its support for terrorism.
What is the Indus Waters Treaty?
Signed on 19 September 1960 in Karachi, the Indus Waters Treaty was brokered by the World Bank and signed by then Indian Prime Minister Jawaharlal Nehru and Pakistan’s President Field Marshal Ayub Khan. The treaty outlines the division of the Indus River system between the two countries.
Under the agreement, India was given control over the eastern rivers, Ravi, Beas, and Sutlej, while Pakistan was allocated the waters of the western rivers, Indus, Jhelum, and Chenab. While India is permitted to generate hydroelectricity through run-of-the-river projects on the western rivers, Pakistan retains the right to raise objections on project designs.
The river system plays a crucial role in both countries’ agriculture and water supply. After the 1947 partition, Pakistan became the lower riparian state and India the upper riparian state, necessitating an agreement to prevent future disputes.
The treaty includes 12 Articles and 8 Annexures, and was known for surviving multiple Indo-Pak conflicts. India had already sent a notice to Pakistan in September last year seeking a review and modification of the treaty.
What can India now do under the suspension?
According to P. K. Saxena, former Indian Commissioner for Indus Waters:
– India may stop sharing water flow data with Pakistan
– India can build storage infrastructure on Western Rivers like the Indus, Jhelum, and Chenab
– Pakistan officials may be denied access to inspect Indian hydropower projects
– India can begin reservoir flushing techniques at projects like Kishenganga to improve dam longevity
However, Saxena clarified that immediate disruption of Pakistan’s water supply is unlikely, as India lacks the infrastructure to stop or divert river flows at present.
Legal implications and Pakistan’s options
The IWT does not include an exit clause, making unilateral withdrawal technically illegal. While it includes a dispute resolution mechanism (Article IX and Annexures F & G), this is limited to disputes within the treaty’s scope, not enforcement of the treaty itself.
In 2016, Pakistani legal expert Ahmer Bilal Soofi said arbitration would be ineffective if India refuses to recognise the treaty, and Pakistan cannot approach the ICJ due to India’s reservations under the ICJ statute.
Longstanding tensions over Hydroelectric projects
Disputes over Kishenganga and Ratle hydroelectric projects in Jammu and Kashmir have long strained the treaty. In January 2023, India sent its first-ever notice seeking modification of the treaty, followed by a second notice in September 2024.
Pakistan has opposed the projects’ design, claiming they violate IWT provisions. Though these are “run-of-the-river” projects that do not obstruct river flow, Islamabad argues they could be misused to manipulate water supply.
India, citing Pakistan’s continued resistance, invoked Article XII(3), which allows modification of the treaty through mutual consent.
Role of neutral expert
In January 2025, Michel Lino, a Neutral Expert appointed by the World Bank, ruled that he was competent to adjudicate the dispute over the Kishenganga and Ratle projects. While Pakistan claimed the differences exceeded the expert’s mandate, India argued they were well within the treaty’s provisions.
What happens next?
Pakistan is yet to officially respond to India’s suspension. However, the move is likely to escalate tensions, both diplomatically and politically. Given the treaty’s pivotal role in Indo-Pak relations and South Asia’s water security, the consequences of this suspension could be profound and long-lasting.
Additional measures announced
Apart from suspending the treaty, the Indian government unveiled a series of other diplomatic and security steps:
1. Closure of Attari checkpost: The integrated checkpost at Attari has been shut. Pakistani nationals who entered through this route may return before 1 May 2025.
2. Visa cancellations: All SAARC Visa Exemption Scheme (SVES) visas previously issued to Pakistani nationals have been cancelled. Those already in India under SVES have 48 hours to leave.
3. Expulsion of defence advisors: India has declared all Defence, Military, Naval, and Air Advisors in the Pakistani High Commission in New Delhi as *persona non grata*. They have a week to leave the country.
4. Withdrawal of Indian advisors from Islamabad: India has also withdrawn its own Defence, Navy, and Air advisors from its High Commission in Islamabad, effectively nullifying those positions.
The decisions come amid growing domestic outrage over the attack in Jammu and Kashmir’s Pahalgam, where gunmen opened fire on tourists, killing 28 and injuring several others.
