Gilgit-Baltistan Order, 2018 aimed at incorporating GB as its fifth province and to integrate GB with rest of federal structure of Pakistan by legislative, judicial and administrative measure.
India said that entire Union Territories of Jammu and Kashmir and Ladakh, including areas of Gilgit and Baltistan, are “integral part of India”
About Gilgit Baltistan (GB) region
- part of erstwhile princely state of Jammu and Kashmir
- under Pakistan’s control since November 4, 1947, following invasion of Kashmir by tribal militias and Pakistan army.
- renamed as ‘Northern Areas of Pakistan’ and put under direct control of Pakistan federal government through Karachi Agreement, 1949.
Importance of Gilgit- Baltistan region
- Strategic Location: at intersection of Indian Subcontinent, Central Asia and China.
- Large Territory: more than five times larger than Pakistan occupied Kashmir. It consists of two ethno-geographically distinct territories: Baltistan, which was part of Ladakh, and Gilgit.
- Water and energy Security: Indus River passes through GB, Siachen Glacier are located in GB. Hydro-electric potential of Indus River makes it vital for energy security as well
- Chinese Interference: China–Pakistan Economic Corridor is passing through GB making India more reluctant to join multinational transport and infrastructure corridor projects sponsored by China.
Indus Water Treaty
- After a gap of more than two and half years, Indian and Pakistani delegations began the 116th Meeting of the Permanent Indus Commission.
IWT was signed in 1960, between India and Pakistan and brokered by the World Bank.
- The treaty fixed and delimited the rights and obligations of both countries concerning the use of the waters of the Indus River system.
- provided for the funding and building of dams, link canals, barrages, and tube wells—notably the Tarbela Dam on the Indus River and the Mangla Dam on the Jhelum River.
- Permanent Indus Commission, with a commissioner from each country, in order to maintain a channel for communication and to try to resolve questions about implementation of the treaty. In addition, a mechanism for resolving disputes was provided.
- eastern rivers – Sutlej, Beas, and Ravi which amounts to around 33 million acre-feet (MAF) annually — is allocated to India and is for unrestricted use. western rivers – Indus, Jhelum, and Chenab which is around 135 MAF annually has been assigned mostly to Pakistan.
- India has the right under the Treaty to generate hydroelectricity through run-of-the-river projects on the western rivers. These are subject to specific criteria for design and operation. And, under the Treaty, Pakistan has the right to raise objections on design of Indian hydroelectric projects on western rivers.
What are the prevalent issues within the treaty?
- Pakistan’s opposition to the Indian projects: on the issue that whether projects on Jhelum and Chenab conform to the technological specifications specified in the agreement. The issue has seen its manifestation in several projects-
- Kishanganga Hydroelectric Project (KHEP), Jhelum
- Ratle Hydroelectric Project, Chenab
- Pakal Dul Hydroelectric Project, Marusudar (a tributary of Chenab), Miyar Dam, Miyar Nallah (a tributary of Chenab) and Lower Kalnai, Chenab
- Politics: The sharing of water is a sensitive issue for both India and Pakistan. For instance, Pakistan maintains high troop levels and alertness around the canals on the eastern front, fearing that India will try to take control of the western rivers.
Why abrogation of the treaty is not a viable option?
- Going against international law: IWT does not have a unilateral exit clause. Even the severance of diplomatic and consular relationships between India and Pakistan cannot terminate the IWT.
- Effect on India’s other lower riparian state: The abrogation of the IWT will send alarm bells ringing in India’s other lower riparian country like Bangladesh which receives about 91% of its waters from the rivers flowing from India.
- China’s cooperation on hydrological data: Growing China-Pakistan nexus can result in China withholding Hydrological data in response to the abrogation of the treaty. Such data plays an important role in gauging the amount of water coming from Tibet into Arunachal Pradesh and taking measures to avert any major disaster or floods in the state.
Way Forward
- Globally advocating India’s position: India has been a generous upper riparian state as it has utilized only about 93% of its stipulated water storage capacity. Further, out of the total estimated capacity of 11406 MW electricity that can be harnessed from the three western rivers in Kashmir, only 3034 MW has been tapped so far. This position could be advocated to counter Pakistan’s attempts to internationalize the issue by involving World Bank.
- Modification in light of new hydrological realities: With development of advanced engineering methods in dam construction and de-siltation, there is an urgent need to modify the treaty to incorporate the same.
- Seeking cooperation: Efforts could be made to seek cooperation with Pakistan in areas wherever it is possible. For example, Article VII of the IWT talks about “future cooperation” and calls for taking up joint studies and engineering works on the rivers.