Bangladesh is positioned at the lowest point among the five countries in the Ganges-Brahmaputra-Meghna (GBM) basin. The remaining four countries of the world’s third largest river basin are: China, India, Bhutan, and Nepal. The Ganges and Brahmaputra originate from the Himalayas, while the Meghna rises from the Barak River, flowing through India before merging into the Bay of Bengal via Bangladesh. The country’s agriculture sector heavily depends on these rivers. Consequently, following Bangladesh’s independence in 1971, the management of these Transboundary Rivers and water sharing issues with India gained significant importance. To address these concerns, a Joint River Commission (JRC) was established in 1972 as a joint initiative between the two countries. However, in the 52 years since, no water sharing agreements have been reached for any river other than the Ganges.

Experts highlight that in 1997, when the United Nations approved the ‘International Watercourses Convention’, Bangladesh voted in favor of it. However, Bangladesh has yet to sign the convention. This decision limits Bangladesh's ability to invoke the law for dispute resolution. Had Bangladesh signed, India, as an upstream country, would not have been able to obstruct the water flow arbitrarily. Additionally, any such actions would have made India liable to provide compensation.

The dispute over Transboundary Rivers between India and Bangladesh began with the construction of the Farakka Barrage. The project on the Ganges River started in 1961. Before construction began, the government of then-East Pakistan expressed concerns in 1951. Since then, numerous discussions involving experts and heads of state from both countries have taken place regarding the distribution of the Ganges’ flow. However, no resolution was reached. After Bangladesh gained independence in 1971, the Joint River Commission (JRC) was formed to manage Transboundary Rivers and water sharing between India and Bangladesh. This commission was expected to resolve these issues, but it has been largely inactive, hampered by various political changes and other factors.

There are 54 transboundary rivers between India and Bangladesh. Among these, only the Ganges has a water sharing agreement. The River Commission has also worked on water sharing for nine other rivers: Teesta, Feni, Dharla, Dudhkumar, Manu, Muhuri, Khowai, Gomti, and Kushiyara. In total, the river commission has addressed water sharing for ten rivers over the past 52 years, leaving the remaining 44 rivers without any action.

According to M Inamul Haque, former Director General of the River Research Institute, “The role of our River Commission has been largely inactive. Due to various political changes, they haven’t been able to operate independently. Moreover, resolving these issues requires sincerity and mutual cooperation from both countries. Unfortunately, we haven’t seen such commitment from India. They haven’t taken Bangladesh's problems or positions seriously. As a result, since the Ganges Treaty, we haven’t been able to successfully negotiate any other river water sharing agreements.”

He further stated, “International law offers protections in these matters, but Bangladesh cannot take legal action since it hasn’t signed the 1997 UN Watercourses Convention. If Bangladesh had signed, India, as the upstream country, wouldn’t have been able to obstruct the water flow arbitrarily. And if they did, they would have been liable for compensation.”

On May 21, 1997, the United Nations General Assembly adopted the UN International Watercourses Convention, with 103 countries voting in favor. Pakistan and India abstained from voting, while China, Turkey, and Burundi opposed the convention. Despite its significance, Bangladesh has yet to ratify the convention for reasons that remain unclear. However, river researchers argue it was crucial for the country.

To become law, the convention required ratification by 35 countries. Vietnam became the final country to sign in 2014, thereby enacting the convention as a law.

Among the various disputes between Bangladesh and India over rivers, Bangladesh has been most active regarding the Ganges water sharing issue. By 1974, as the construction of the Farakka Barrage neared completion, the prime ministers of both countries agreed that the barrage would not be operational until a consensus and agreement on the distribution of the Ganges’ waters were reached.

However, in 1975, Bangladesh temporarily agreed to India’s request to open the barrage to test the feeder canal. This led to complications over water sharing. Concerned about environmental disaster, Bangladesh appealed to the United Nations in 1976. The UN recommended resolving the issue through discussions, leading to the first five-year memorandum of understanding signed by both countries in 1977. However, the agreement saw little progress for many years. The issue resurfaced after the Awami League came to power in 1996. On December 12, 1996, the prime ministers of both countries signed a 30-year treaty in Delhi. According to this treaty, water from the Farakka Barrage was to be distributed between the two countries from January 1 to May 31, based on the average flow of the previous 40 years. The treaty also guaranteed a minimum supply of 35,000 cusecs of water to Bangladesh in times of crisis. Additionally, Article 9 of the treaty stated that the two countries would also enter into agreements for water sharing of other transboundary rivers between Bangladesh and India.

However, there have been allegations that Bangladesh has not received its fair share of water under this treaty. Over the past few decades, the northern region of Bangladesh has faced severe water shortages due to the barrage. Moreover, the treaty is set to expire in 2026. Although recent discussions between the prime ministers of the two countries have taken place regarding the renewal of the treaty, West Bengal’s Chief Minister Mamata Banerjee has strongly opposed it, casting uncertainty over the treaty’s future.

Discussions between Bangladesh and India over the Teesta River have also been longstanding. In the second meeting of the Joint River Commission in 1972, the issue of Teesta water was raised. An interim agreement was reached in 1983, allocating 36 percent of the water to Bangladesh, 39 percent to India, with 25 percent reserved for maintaining the river’s navigability. The interim agreement expired in 1985 and was extended for another two years in 1987. No further agreements were made. In light of Article 9 of the Ganges Water Sharing Treaty, a joint expert committee led by the water resources secretaries of both countries was formed at a meeting of the Indo-Bangladesh Joint River Commission in 1997. The committee’s goal was to prioritize the sharing of Teesta River water and draft a permanent or long-term agreement for the Teesta, Dharla, Dudhkumar, Manu, Muhuri, Khowai, and Gomti rivers. The committee made some progress, and in 2011, a draft agreement was prepared. The agreement was set to be signed that year. However, despite then-Prime Minister Manmohan Singh’s approval, it was stalled by Mamata Banerjee’s objections.

Another major dispute between Bangladesh and India centers on the Tipaimukh Dam. The Surma and Kushiyara rivers, which flow into Bangladesh, originate as the Barak River in India. Approximately 200 kilometers upstream from the India-Bangladesh border at Amalshid, India proposed constructing a dam at Tipaimukh on the Barak River for flood control and hydroelectric power generation. Since the proposal was made public, environmentalists in Bangladesh have vocally opposed it. In 2003, under the leadership of former Finance Minister Abul Maal Abdul Muhith, environmental activists rallied against the Tipaimukh project. The issue resurfaced in 2009, sparking protests and a long march from Dhaka towards Tipaimukh.

Although no permanent water sharing agreement has been signed, during the third term of the Awami League government, two memorandums of understanding (MoUs) were signed concerning the water of two rivers. The first, signed on October 5, 2019, allowed for the withdrawal of 1.82 cusecs of water from the Feni River to alleviate drinking water shortages in India’s Sabroom region in Tripura. The second MoU, signed in 2022, permitted the withdrawal of 153 cusecs of water from the Kushiyara River via the Rahimpur Canal. However, last year, a disagreement arose between the two countries over India’s proposal for water withdrawal from the Feni River. India proposed drilling a deep well in the middle of the river to extract water via pipes, while Bangladesh suggested digging the well along the riverbank. Several meetings between engineering teams from both countries were held, but no final decision was reached.

Experts believe that Bangladesh should sign the 1997 UN Watercourses Convention to seek a permanent solution to its water disputes with India. The convention, which became law on August 17, 2014, provides guidelines on the equitable use of water flowing from upstream countries to downstream nations. Article 5 of the convention states, “Watercourse States shall in their respective territories utilize an international watercourse in an equitable and reasonable manner. In particular, an international watercourse shall be used and developed by watercourse States with a view to attaining optimal and sustainable utilization thereof and benefits therefrom, taking into account the interests of the watercourse States concerned, consistent with adequate protection of the watercourse.” The same applies to the use of border rivers or reservoirs, with recommendations to allocate water resources based on the population and land area of each country. Additionally, international water resource laws emphasize joint management and fair water distribution of shared rivers or border reservoirs. Article 7 of the convention also provides for compensation if an upstream country obstructs water flow to the detriment of a downstream country.

Dr. Md. Ataur Rahman, a professor in the Water Resources Engineering Department at Bangladesh University of Engineering and Technology (BUET), told Bonik Barta, “The most crucial factor for equitable water distribution of Transboundary Rivers is a strong bilateral relationship where both countries respect each other and remain aware of their mutual rights. The UN Watercourses Convention could serve as a significant tool in this regard. Since Bangladesh is a downstream country, the convention could help protect its interests. Despite the strained relationship between India and Pakistan, they have adhered to the Indus Waters Treaty. International mediation was a significant cause behind it. The convention could similarly resolve river-related complexities for Bangladesh. Our maritime boundary dispute was also resolved through international courts, and the same approach could be applied here. For instance, the Teesta water sharing issue has faced recurring complications. Although Bangladesh has repeatedly taken the initiative, no agreement has been reached. Signing the convention would eliminate such obstacles.”

There are also concerns that the Joint Rivers Commission (JRC) is not functioning effectively. Although 208 meetings were supposed to be held over the past 52 years, only 38 meetings have taken place. Furthermore, under international regulations, information about dams on Transboundary Rivers is supposed to be shared with relevant countries, but India often fails to inform Bangladesh in advance. Dr. Mohammad Abul Hossen, a member of the Joint Rivers Commission of Bangladesh, said, “We are trying to do our best from our position. Although ministerial-level meetings between the two countries are not held regularly, we hold regular meetings at the commission level and have achieved some success. In recent years, we have signed two agreements concerning the Feni and Kushiyara rivers. We prioritize working on water sharing issues for the rivers. Currently, we are focusing on eight rivers and are giving top priority to arranging a ministerial-level meeting between the two countries. Discussions on renewing the Ganges Treaty and other important issues will be held there. We are also trying to ensure that India informs us in advance about dam-related information, such as water levels and dam openings. However, more cooperation from India is needed to move forward on all these issues. Signing the UN convention would also make resolving these matters easier for Bangladesh.”