Water is life — and when two countries share rivers, it becomes a serious issue of peace, survival, and international law. One of South Asia’s most important water-sharing agreements is the Indus Waters Treaty (IWT), signed in 1960 between India and Pakistan. For over 60 years, this treaty has helped both nations manage the six rivers of the Indus Basin.
India has now suspended the Indus Waters Treaty — a move it had previously threatened during times of political tension with Pakistan. This raises an important question: Is India breaking international water law?
Let’s explore this further.
Indus Water Treaty’s History
When India and Pakistan were partitioned in 1947, the Indus River system consist off the Indus, Jhelum, Chenab, Ravi, Beas, and Sutlej.
Because both countries depended heavily on these rivers, water became a serious source of conflict. To avoid future wars, the World Bank stepped in to help mediate a long-term agreement, and in 1960, the Indus Waters Treaty was signed.
Under this treaty:
- India got control of the eastern rivers (Ravi, Beas, Sutlej),
- Pakistan received control of the western rivers (Indus, Jhelum, Chenab).
Why India Suspend the Indus WaterTreaty
In recent years, tensions between India and Pakistan have flared up again, particularly over cross-border terrorism and the Kashmir dispute. Here are a few key moments:
- 2001 Indian Parliament attack: India blamed Pakistani-backed militants, sparking calls for tougher action.
- 2008 Mumbai attacks: This tragic event led to a major breakdown in relations.
- 2016 Uri attack: Indian soldiers were killed near the Line of Control. In response, Prime Minister Modi said, “blood and water cannot flow together,” hinting at reviewing the IWT.
- 2019 Pulwama attack: Over 40 Indian soldiers were killed by a suicide bomber from a Pakistan-based group.
- 2025- Pahalgam attack-A deadly terrorist attack struck Pahalgam, Kashmir, where gunmen opened fire on tourists in Baisaran Valley, killing at least 26 and injuring 17.
Following the recent terrorist attack India suspended the Indus Waters Treaty (IWT). The attack was blamed on Pakistan-based militant groups, leading India to accuse Pakistan of supporting cross-border terrorism.
So, India suspension of the Indus Waters Treaty is largely political an attempt to apply pressure on Pakistan during times of conflict.
Legal Violations: What Does International Law Say?
- A Treaty Is a Legal Contract – You Can’t Just Walk Away
The Indus Waters Treaty is a binding international agreement. According to Article 26 of the Vienna Convention on the Law of Treaties (1969), every treaty must be performed in good faith (pacta sunt servanda). That means once signed, it can’t be ignored or suspended without a valid reason.
Under Article 60 of the same Convention, a treaty can only be suspended if there’s a material breach or fundamental change of circumstances. So far, India has not proven any such breach by Pakistan. Thus, unilateral suspension would violate international treaty law.
Source: Vienna Convention on the Law of Treaties, 1969 (Articles 26 & 60).
- Water Sharing Must Be Fair and Reasonable
International water law emphasizes equitable and reasonable utilization of shared rivers. This is clearly outlined in Article 5 of the UN Convention on the Law of the Non-Navigational Uses of International Watercourses (1997).
If India reduces water flow to Pakistan without agreement, it violates this principle and disrupts the balance the treaty aimed to maintain.
Source: UN Watercourses Convention, 1997 (Article 5).
- Don’t Cause Harm to Other States
Article 7 of the same UN Convention also warns against causing significant harm to co-riparian states. If India’s actions lead to water shortages, crop damage, or economic problems in Pakistan, it would directly violate this principle.
Source: UN Watercourses Convention, 1997 (Article 7).
- Disputes Should Be Resolved Peacefully
The Indus Waters Treaty contains detailed steps for resolving disagreements — through neutral experts, a court of arbitration, or the World Bank. Bypassing these peaceful methods and acting unilaterally undermines both the treaty and international legal norms on dispute resolution.
Reference: Indus Waters Treaty, Articles IX & X.
- Water Should Not Be Used as a Weapon
Using water to pressure another country goes against the principle of cooperation and non-aggression in international environmental law. While not always written in a single legal article, it is a recognized norm in customary international law and UN declarations, such as the UNGA Resolution 2625 (1970) on friendly relations between states.
Source: UNGA Resolution 2625 (1970); Customary International Water Law.
As a water expert, I must express my concern over India’s decision to suspend the Indus Waters Treaty in response to the Pahalgam attack. Using water as a tool for political leverage is not only irresponsible but also violates the fundamental principles of international water law.
The Indus Waters Treaty was designed to ensure equitable and fair distribution of water between India and Pakistan, and suspending it risks disrupting the livelihoods of millions who depend on these rivers.
Furthermore, this decision undermines the core principle that shared water resources must not cause harm to any party.
Such actions could set a dangerous precedent and severely damage the trust needed to resolve future water disputes through peaceful means. Water should never be used as a weapon in political conflicts, as it ultimately harms the most vulnerable populations..
