The water sharing arrangement surrounding the Indus Basin represents South Asia’s oldest and longest-running international water distribution agreement. Known as the ‘Indus Waters Treaty’, this accord was signed between India and Pakistan in 1960, with the World Bank acting as a mediator during negotiations between the two countries.

The Indus River and its five tributaries—Beas (Bias), Ravi (Irabati), Chenab (Chandra Bhaga), Jhelum (Vitasta), and Sutlej (Satadru)—flow from India into Pakistan. The treaty's primary objective is to ensure equitable distribution of these rivers’ waters between the two nations. To implement this, and resolve any disputes related to the treaty, the Indus Commission was established. Over the past 64 years, this commission has demonstrated considerable success.

In contrast, the ‘Indo-Bangla Treaty of Friendship, Cooperation, and Peace’, signed in March 1972, led to the formation of the Joint Rivers Commission (JRC) for managing transboundary rivers. However, 52 years later, the commission has been less effective in ensuring equitable water distribution among the international rivers.

Experts assert that the presence of the World Bank has strengthened the Indus Waters Treaty between India and Pakistan. The involvement of this international financial institution has prevented either India or Pakistan from disregarding the treaty. Both countries must inform the other before taking any action, and if a dispute arises, initiatives must be taken to resolve it.

The Indus River, one of Asia’s longest, is vital to both India and Pakistan. Originating in China’s southwestern Tibet, it flows through the Ladakh region of Jammu and Kashmir, and then enters Pakistan via Gilgit-Baltistan and the Hindu Kush, eventually emptying into the Arabian Sea. After the two nations gained independence in 1947, tensions quickly arose over the river. During the India-Pakistan war in 1948, the Indus River was a significant point of contention. That year, India blocked the river's flow into Pakistan. However, India later agreed to resume water supply under the condition that Pakistan would pay an annual fee. However, a permanent solution remained elusive.

Amidst this, David E. Lilienthal, chairman of the Tennessee Valley Authority and the U.S. Atomic Energy Commission, visited the region. He recommended a treaty between India and Pakistan concerning the Indus River, facilitated by the World Bank. Subsequently, the World Bank became involved and, in 1954, proposed a solution to the stalemate. After six years of negotiations, the Indus Waters Treaty was signed in September 1960 by India’s then-Prime Minister Jawaharlal Nehru and Pakistan’s President Mohammad Ayub Khan.

Under the treaty, Pakistan has more rights over the waters of the Indus, Jhelum (Vitasta), and Chenab (Chandra Bhaga).  On the other hand, India has more rights over the waters of the Ravi (Irabati), Beas (Bias), and Sutlej (Satadru). To oversee the treaty's implementation, a permanent Indus Commission was formed, comprising one commissioner from each country. The treaty mandates that the commission conducts regular inspections, information exchange, and at least one meeting annually. For 64 years, both countries have adhered to these provisions. Even during several military conflicts between India and Pakistan, the water-sharing arrangement remained unaffected. Since its establishment, the commission has held 117 meetings. Additionally, any disputes regarding the treaty have been resolved through the mechanisms outlined in the agreement and through dialogue.

Pakistan accused India of violating the Indus Waters Treaty in 2016, claiming that India disrupted the river's flow through two hydroelectric projects. In response, a neutral expert was appointed at India’s request, and the chairman of the Permanent Court of Arbitration (PCA) was appointed at Pakistan’s request. The Indus Commission is currently working through these two processes to resolve the disputes.

The Salal Dam, constructed through mutual agreement between the two countries. It stands in contrast to the Tulbul project, which has been delayed for decades pending approval. In cases of disputes or disagreements, arbitration is referred to the PCA or a neutral technical expert. For the Baglihar Hydropower Project, the ruling of a technical expert was followed, who was appointed by the World Bank in 2007 at Pakistan’s request. Similarly, India had to adhere to a ruling by the PCA concerning the Kishanganga Hydroelectric Plant, for which a seven-member arbitral tribunal was established in 2010.

On the other hand, the Joint Rivers Commission (JRC) was established in 1972 to manage rivers shared between Bangladesh and India. There are 54 rivers in total between the two nations. The commission’s main objective was to address issues such as irrigation, flood, and cyclone control, as well as the equitable distribution of water resources. According to the JRC’s procedure, four meetings were supposed to be held annually. This would amount to 208 JRC meetings over the last 52 years. However, in reality, the commission has only managed to hold 38 meetings.

In 52 years, the commission’s only notable success is the Ganges Water Sharing Treaty. In 1996, Bangladesh’s Prime Minister Sheikh Hasina and India’s then-Prime Minister H. D. Deve Gowda signed this 30-year treaty. The treaty stipulates that both countries will share the water equitably. According to the Joint Rivers Commission’s 2024 report, Bangladesh has received its fair share of water so far this year. However, complaints persist regarding water shortages and river drying in the Rajshahi region following the construction of the Farakka Barrage. The riverbed beneath the Hardinge Bridge, which once carried water, is now cultivated due to drying up. The treaty is set to expire in 2026. Although discussions at the prime ministerial level have taken place regarding the renewal of the treaty, West Bengal’s Chief Minister Mamata Banerjee has raised objections, casting doubt on the treaty’s future.

Additionally, discussions on the Teesta River’s water sharing began in 1983 under a short-term agreement. In 2011, a decision was made to sign an interim agreement on Teesta for 15 years. However, opposition from West Bengal’s Chief Minister Mamata Banerjee stalled the agreement. The commission has not yet taken any effective steps to resolve the issue. A joint expert committee was formed in 1997 to address water sharing of the Feni, Manu, Muhuri, Khowai, Gomti, Dharla, and Dudhkumar rivers. However, in 27 years, this initiative has only resulted in discussions at the secretary level and the formulation of a framework.

Mohammad Ejaz, chairman of the River and Delta Research Center (RDRC), told Bonik Barta, “The relationship between Bangladesh and India is not as it should be between neighboring countries. In any mutual relationship, a state should focus on two things: its dignity and the welfare of the state and its people. In the context of Bangladesh-India relations, these aspects have been lacking on Bangladesh’s part. For example, no country can unilaterally construct a dam on a shared river without the consent of the other country. Furthermore, after constructing a dam, regular information must be provided, and notification must be given before opening the dam. But India has not adhered to these practices, and Bangladesh has not protested these actions over the past 15 years.”

He added, “In such a situation, Bangladesh could seek assistance from the United Nations in making decisions regarding rivers. However, for that, Bangladesh must first be included in the United Nations’ policy framework. It needs to sign the UN Watercourses Convention. Once Bangladesh is a signatory, it could seek UN assistance in such matters, and if any country violates an agreement, Bangladesh could rely on the UN’s support.”

Repeated attempts to contact Dr. Mohammad Abul Hossen, a member of the Joint Rivers Commission, and Mohammad Abu Saeed, the commission’s director, were unsuccessful.