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1

Epilogue
because there is more to know

www.epilogue.in CONTENT
Editor Contributors to this Issue 2
Zafar Iqbal Choudhary Prologue 3
Letters 4
Publisher
Yogesh Pandoh Current Affairs
The Problem of Kashmir 9
Consulting Editor and Problem in Kashmir
Epilogue Bureau
D. Suba Chandran
Opinion 10
Manu Srivastsa
In Search of a ‘Starting Point’
Ashok Bhan
Associate Editors
Irm Amin Baig Features
Tsewang Rigzin Not the only Problem in Kashmir 13
Zorawar Singh Jamwal Shagufta Wani

Volume 4, Issue 9, September 2010 Ladakh Affairs

General Manager
Kartavya Pandoh A Midnight Cloudburst 15
and Loneliness of Ladakh
I N FOCUS Rinchen Dolma
Art Editor
50 Years of Indus Water Treaty Irreparable Loss 20
Keshav Sharma Tashi Morupp
21 The Indus Water Treaty 1960
Research Officer 22 Navigating the Indus Waters Building Around J&K
Raman Sharma a Community from the Treaty Other Conflicts Along the J&K Border 46
D. Suba Chandran The Uyghurs in Xinjinag
23 Where lies the Problem ? Bhavna Singh
Phones & email
Office : +91 191 2493136 “Letter and Spirit” of “Letter vs Spirit”
24 Understanding Pakistan’s Games Exclusive Stories
Editorial: +91 94191 80762
Plan : What and Why The contrasting fortunes of the flanks : 49
Administration: +91 94191 82518
26 What needs to be done ? Ladakh and Gilgit
subscriptions : +91 90188 87136 Rakesh Ankit
editor@epilogue.in Keep the IWT away from the
subscription@epilogue.in composite dialogue
Column
27 Effective Sharing the Indus Waters :
Ladakh in the Persian Literature 52
Printed and Published by From Treaty to Community
of the Mughal Empire
Yogesh Pandoh for Epilogue 29 “Indus Water Treaty Between India Prof. Jigar Mohammad
NewsCraft from Ibadat House, and Pakistan has been one of the The Dual Existence in Kashmir 54
triumphs of the UN system : BG Manisha Shobarjani
Madrasa Lane, Near Graveyard,
Vergheese”
Bathindi Top, Jammu, J&K - 180012
30 Epi-Wiki-Logue
and Printed at : DEE DEE
Chronology
Reprographix, 3 Aikta Ashram, New (Compiled from various sources)
Rehari Jammu (J&K)

Disputes, if any, subject to jurisdiction

of courts and competitive tribunals in
Jammu only.

RNI : JKENG/2007/26070
ISN : 00974-5653
Price : Rs 30

www.epilogue.in Vol. 4, Issue 2 Epilogue, February 2010

 CONTRIBUTORS TO THIS ISSUE 2

Ankit, Rakesh; (Forgotten History Mohammed, Prof Jigar; (History,

p49) is a young historian from Bihar.
As a Rhodes Scholar recently he
studied various missing links in the
making of Kashmir conflict. Based
on his first hand study, he is
contributing exclusive series to
Epilogue
Bhan Ashok (In Focus, P10 ) is
former Director General of Jammu
and Kashmir Police
Chandran, D Suba; (In Focus, p21)
is Deputy Director at Institute of
Peace and Conflict Studies. Author
of many books and an acclaimed
expert on Kashmir and Indo-Pak
relations, he is Consulting Editor of
Epilogue Magazine
p52) is professor of History at the
University of Jammu. He is
associated with Epilogue since
inception as Editorial Advisor on
History of Jammu and Kashmir
Morupp Tashi (Ladakh Affairs,
P20.) is a journalist based in Leh.
Singh Bhavna (Around J&K P46) is
with Institute of Peace of Conflict
Studies, New Delhi.
Sobhrajani, Manisha (Features,
P54), is a Delhi based independent
researcher working on the various
aspects of Kashmir conflict. She
divides her time between Delhi
and Jammu and Kashmir

Dolma, Richen; (Ladakh Affairs, Wani Shagufta (Features P13) is a

P15) is a Ladakhi Journalist, Editor researcher based in Srinagar.
of Reach Ladakh, based at Leh

Malhotra, Pia; (Water Woes, P29) is

a Research Officer with Institute of
Peace and Conflict Studies, New
Delhi

Readers' requests for getting in touch with the

authors, for feedback, comments and further
discussions on their subjects of interest, are
welcome. Since all authors/contributors are not
interested in taking mails directly, the readers are
requested to send us interview requests at
editor@epilogue.in for passing on to the authors

www.epilogue.in Vol. 4, Issue 9 Epilogue, September 2010

3 PROLOGUE
From the Editor

IWT At 60
ZAFAR CHOUDHARY

F
orget Kashmir water is the real bone of contention
between India and Pakistan! This is what the
analysts are saying of late but we don't quite agree
with this opinion. Water sharing is a trouble
everywhere, a more serious of the kind within
Pakistan but the way both countries have shared the Indus
Basin Rivers over last fifty years is exemplary, to the say the
least. Accusations and counter accusations of stealing waters
notwithstanding, water, the most potent weapon of triggering
war between India and Pakistan was not put to use even during
wars. Some may call it a patriotic statement but India being
the upper riparian State deserves the credit for keeping
waters away from other troubles between both countries.
Ironically, it is also this status of India (upper riparian) which
puts the country under lens of suspicion whenever Pakistan
runs through water shortage. As September of 2010 marks 50th
years of Indus Water Treaty, the present of issue of Epilogue is
a tribute to the agreement which withstood all tests of times.
It gives us an opportunity to look back and look forward. To say
that everything in the past quite a normal water sharing affair
would be an overstatement and to say that Indus Water Treaty
would continue to be a guiding principle for future would be
too optimistic a statement. The treaty is already stressed out
and there are some genuine concerns which need to be
addressed. For example, India needs to take Pakistan in
confidence before planning any hydel project and Pakistan MARCH 2007
needs to keep India informed about its end usages. There are leadership will have to look inside as well. Before asking the
water sharing tussles within provinces of Pakistan where Government of India to compensate against losses it suffered
neither the treaty nor India can help any resolution. Pakistan over last 50 years, J&K Government will have check whether
government's water agencies (eg WAPDA) have always the available potential, after foregoing share to Pakistan, has
remained in the eye of storm for inefficiency. Closer home, actually been harnessed. Absolutely not. After years of
there are some serious concerns within the state of Jammu discrimination rhetoric it was only recently that present Chief
and Kashmir, from which three rivers flow to Pakistan. In the Minister Omar Abdullah has asked for report on available
local political circles, the Indus Water Treaty is now being water potential and the share used so far. Only after a reality
increasingly seen as discriminatory against Jammu and check, J&K should present its case before New Delhi.
Kashmir. The Indian leadership which inked the treaty with Scrapping or redrawing of Indus Water Treaty will not help if
Pakistan cannot be fully absolved of the charges of the problem lies in inefficiency.
discrimination against Jammu and Kashmir but the state's Feedback : zafarchoudhary@epilogue.in

www.epilogue.in Vol. 4, Issue 9 Epilogue, September 2010

Letters 4
Readers Write

A galaxy of ideas Bridge the

Dear Editor trust deficit in
We normally follow one particular
set of ideas and base our opinion on Kashmir
that. Most of the times that
presents only one side of the coin. Dear Editor
In fact unless both sides of the coins
are not seen there can't be any There are many reasons
conclusion. The Civil Society for the current spate of
response to the present unrest in turmoil in Kashmir Valley.
Kashmir (The Seminar, Epilogue, There are historical
August 2010) was a wonderful blunders which have
attempt to bring together a galaxy apparently become
of ideas from Jammu and Kashmir, unmanageable at this
Pakistan administered Kashmir and juncture but there is no
rest of India and Pakistan. Most of denying the fact that
the participants who shared their people in Kashmir are
ideas were top of the line people suffering. General public
from their areas of interest and in Kashmir is fed up with
reading them was actually like violence and wants
reading the situation in Kashmir. durable peace. Every
One may disagree with some of the child is brought up
viewpoints but none of them could amidst the atmosphere
be dismissed. It is hoped that such a of fear, shutdowns,
series is carried every month on a protests and military
variety of subjects so that we make over-presence resulting
ourselves aware of different in antinational feelings.
perspectives Kashmiri population
PAWAN SHARMA traditionally blames India
University of Jammu for this unrest and is
therefore accumulating
deep rooted anger which
Dear Editor is a source of conflict.
Only talks with separatist
Before August 6, Epilogue topped
groups will not solve the
the minds of many in Ladakh for its
real problem. So
special coverage before the tragedy
government's topmost
struck this region. After coming out
priority should be to
of the initial shock we were
reach out and satisfy the
delighted to see an exclusive issue
civil society. Government
on Ladakh but the good things your
must reach to the
contributors talked about in the
common masses with
issue had changed by that time. It
various programmes to
would be very useful if you please
convince and change the
consider bringing out yet another
mindset of people so that
special in Ladakh in coming few
trust deficit could be
months focusing on the life after
bridged.
destruction.
D NAMGYAL VIKRAM CHOWDHARY
Leh Via email

www.epilogue.in Vol. 4, Issue 9 Epilogue, September 2010

5 Letters
Readers Write

A Noble Act V I A F A C E B O O K

M uslims in Anantnag
Kashmir on
Saturday (August 25)
China has outpaced India in both economic and military power. I think India
needs to move away from Pakistan centric focus and think more seriously on
how to balance the Chinese spreading influence in the region. I think (China)
performed the last rites they have even succeeded in exporting, to some extent, their cultural, political
of a non resident Hindu and economic hegemony to the core of India. With the exit of Soviets, the space
has been occupied by the stable and hegemonic China. We are again moving to a
priest. Babu Ram, 80,
bipolar world soon.
originally hailing from
…and if not physically, but ideologically through Maoists, China is spreading
West Bengal, had been
tentacles in the India's poverty ridden states. On the other hand, they are
putting up in the already inching deeper in India's North and North East. This all and the
township alone for the aggressive postures of Chinese have a subtle message for the Indian strategic
past many years. He analysts. I always wonder why India is very mute and reconciliatory to China's
breathed his last on unfriendly overtures and frequent snubs while they are very vocal and
Friday night. As the aggressive to slightest provocations from other neighbors.
word about his death
spread local Muslims SHAKEEL ROMOSHO
reached there and
managed to keep his
Wonder why India is so silent on the issue of Aksai Chin (China annexed region of
body in the mortuary.
Kashmir), though yet we get to hear about PoK. We hardly have a portion of J&K in
Early, in the morning
reality and proudly live with the myth, just confidently drawing lines on paper
Babu's body was taken to claiming complete J&K which virtually exists.
Mattan, 8 kms from …and worst is in news...In a quiet move, China has deployed about 11,000 troops in
Anantnag, where he was the strategic Gilgit-Baltistan region in the Occupied Kashmir to take de-facto
cremated. There was control of the key area, where a rebellion is simmering against the Pakistani rule.
nobody to perform the VIDISHA KHARE
funeral. We were
saddened by the death
of a person who had no A bigger bully always bullies the smaller bullies. In sixties Pandit Ji's (Jawaharlal
Nehru) non-alignment and Panjsheel went for a six when China gave a push.
one to look after. We
Pandit Ji ran to Americans for help. Now China is preparing for another push to
gathered and performed
cut the emerging Super Power to size!
his last rites, said Adil
MOHAMMAD ASHRAF
Khurshid, a resident. All
the arrangements
including the bringing of Ironically, India reiterates one china policy with Tibet as its part whereas China
sandal wood and later maintained Kashmir as disputed area because of vested interests. India needs to
dropping the ashes of come out of era of rhetoric Gandhism and Nehruism. India has to seriously resolve
the body into the river its border dispute with china sooner with some flexibility. God forbid what will
were made by the happen if 1962 repeats? India will again be found wanting because of poor
Muslims while the Sikhs infrastructure at Macmohan line.
too offered a helping ANKUSH HANS
hand.

AHMED HUSSAIN See more comments, participate in discussions

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www.epilogue.in Vol. 4, Issue 9 Epilogue, September 2010

PREVENT WATER BORNE DISEASES
LIKE :-
Jaundice
t Gastroenteritis t
t Diarrhoea Typhoid t
t Dysentery
By adopting following simple measures :-
1. Use boiled cooled water for drinking purposes.
2. Chlorine tablets for domestic use are freely available in all Health Institutions.
3. Store water in clean utensils and keep them covered.
4. Don’t eat stale, uncovered eatable items exposed to dust and flies.
5. Wash vegetables and fruit thoroughly with clean water before use.
6. Keep the food items covered so that flies do not contaminate the food.
7. Always wash hands with soap and water after going to the toilet and before eating food.
8. Avoid defecation near the source of water supply.

No. : DIP/J-5838
9. In case of loss of body fluids, use oral rehydration solution (ORS). Dissolve one packet of ORS in
one litre of boiled cooled water and use it within 24 hours and prepare fresh one for next use.
10. Patients suffering from any of the above mentioned diseases should report to the nearest Health
Institution for prompt diagnosis and treatment.

Adopt A Healt hy Life St yle

HEALTH EDUCATION BUREAU
DIRECTORATE OF HEALTH SERVICES, JAMMU

OFFICE OF THE CONTROLLER, DRUG AND FOOD CONTROL ORGANISATION,

J&K JAMMU
SUBJECT : Strict implementation of provision of Drugs and Cosmetics Rules in respect of manufacture
and sale of Oxytoxin, which id reported to be used clandestinely by daily owner and farmers growing
vegetables - reg.
Reports have appeared in the press as well as electronic media regarding the misuse of Oxytoxin
Injections by the farmers to increase the size of vegetables. Similar reports were earlier received in
respect of the clandestine use of Oxytoxin by the dairy owners to extract milk from cows and buffaloes. The
Oxytoxin Injection is required to be packed in single unit blister pack only for sale and is required to be
dispensed on the prescription of a Registered Medical Practitioner only. It is therefore impressed upon all
the dealers/manufacturers to strictly follow the Provisions of Drugs and Cosmetics Act, 1940 and Rule
1945. The Department shall initiate stern Administrative Action against offenders indulging in misuse of
Oxytoxin injection like cancellation of Licenses granted for carrying out sale/manufacturing. Besides legal
action as warranted under Rules shall follow Administrative Action.
The general public through the mode of this notification is appealed to share information related to
misuse of Oxytoxin Injection by Dairy owners and farmers to grow vegetables with the Department on
following helpline number : 01912538527, 01912538626, 01912597445, 01942471191, 9419180734.
The complainants can also mail their complaints on following email address :
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Occupation : Salaried Business Professional Student Housewife
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Name :_____________________________________________________
Age :_________ Address :______________________________________
____________________________________________________________
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Name :_____________________________________________________
Age :_________ Address :______________________________________
____________________________________________________________
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Name :_____________________________________________________
Age :_________ Address :______________________________________
____________________________________________________________
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Name :_____________________________________________________
Age :_________ Address :______________________________________
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Name :_____________________________________________________
Age :_________ Address :______________________________________
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Name :_____________________________________________________
Age :_________ Address :______________________________________
____________________________________________________________
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E-Mail :_____________________________________________________
Occupation : Salaried Business Professional Student Housewife
9 current affairs
Kashmir Unrest

The Problem of Kashmir

and Problem in Kashmir
EPILOGUE BUREAU

As Kashmir heads towards end of an unusually hot summer, the signs of approaching autumn show
hardly any promise of tempers cooling down. The death count is just going up but enough is not
literally proving enough. During Amarnath land row agitation, the bloodiest unarmed agitation of 20
years, 64 civilians had died. This year, 65 have already been laid down in graves, many are battling in
hospitals and thousands are still firm on streets in direct confrontation with agencies of the State.

T hough belated, many political
moves and administrative mea-
sures have failed to cut ice. New
Delhi is dropping hints of an unprece-
dented political package to address
grievances of Kashmiris but pre-
condition is that Valley must pave for a
dialogue. Kashmir's separatist leader-
ship wants the process to take shape on
ground before it agrees to call off agita-
tion. In earlier years of separatist move-
ment the gun would force parties to set-
tle down for dialogue, this time thou-
sands of angry youths on the streets is a
massive rallying power for the separat-
ists to invite international attention to
Kashmir issue. Where is Kashmir
headed for? No one has a clue to this
question. There is a problem of Kashmir
and there is a problem in Kashmir. The
problem of Kashmir can be handled only
when the problem in Kashmir is settled,
which is not a visible possibility.
The Problem of Kashmir
Whatever bitter it may sound, the
problem of Kashmir is that a visible and
audible majority in the Valley has left
hardly any doubt in the public mind that
it does not want to stay with India. It
would be difficult to technically quan-
tify and qualify that the majority in
Kashmir wants independence but as
long as there are no voices contrary to
this sentiment, the demand of Azadi can
be concluded as what today reigns
supreme in Kashmir. Combined with the
voter participation of Jammu and
Ladakh regions the public opinion is
always confused with the claims that 62
Count the number of parties in
Kashmir and they will suggest you as
many solutions. The parties in
Kashmir blame New Delhi for not talk-
ing to them but the fact is that they
have never had a dialogue among
themselves
percent of electorates stood for Indian
democracy in 2008 assembly elections.
This claim can prove useful only when
the pro-India mainstream political par-
ties like ruling National Conference and
the opposition Peoples Democratic
Party are able to mobilize even a single
procession in the streets of Srinagar or
Anantnag countering the separatist cam-
paign of Azadi. Far from countering sepa-
ratist movement, these mainstream par-
ties have in fact surrendered to the
Azadi campaign. A beleaguered Chief
Minister Omar Abdullah is going to the
town with soothing statements that he
is making New Delhi to agree on a politi-
cal solution for Kashmir problem. “I am
the first Chief Minister who said in front
of Prime Minister that Kashmir is a polit-
ical problem and it needs to addressed
by political means”, said Chief Minister
at least at three occasions in July and
August while referring to his speech in
presence of Prime Minister Manmohan
Singh in October 2009 in Anantnag.
Pushed to a corner by a large army of
stone throwers, Omar is trying to be dif-
ferent from his father Dr Farooq
Abdullah who as Chief Minister would
describe the separatist violence as
Pakistan sponsored law and order prob-
lem to be countered by strong security
measures. Therefore, Omar is sounding
less annoying and trying to draw a famil-
iar line with the common angry man on
Kashmir's streets. Before coming to
power in 2009 he was more articulate in
declaring Kashmir as dispute. Today's his
job is toughest of all politicians –de-
fending India in Kashmir while sounding
as advocate of Kashmir in Delhi. The

www.epilogue.in Vol. 4, Issue 9 Epilogue, September 2010

current affairs
Kashmir Unrest
main opposition Peoples Democratic
Party is almost on the right side of
Kashmir's current agitation, demanding
dialogue but making no major effort in
creating a conducive atmosphere for it.
Given a chance the opposition leaders
would participate in a pro-Azadi rally
rather than taking out a counter proces-
sion.
The problem of Kashmir gets fur-
ther compounded on two accounts. One
is that the angry Kashmiri is not asking
for anything less than Azadi and wants
the beginning of a political process from
India agreeing that Kashmir is a dis-
puted territory. This stand is just hard-
ening with the day as the popular sepa-
ratist agitation is today much wider and
deeper than one could have imagined in
Kashmir and the sustained trouble of
last three years has taken it to the rural
areas involving common Kashmiris.
Until recently the major demands in
Kashmir were pulling out of Army and
other forces from civilian areas and roll
back of harsh security regimes like
Armed Forces Special Powers Act. Now
these demands are being treated there
as a starting point to initiate a dialogue
with the Government of India which
Kashmiris say, should conclude at free-
ing Kashmir from India. Syed Ali Shah
Geelani, the chairman of his own fac-
tion of Hurriyat Conference may be con-
demned as a leader who is keeping
Kashmir on boil but he has been able to
mobilize the Kashmiri public opinion his
Geelani draws this strength from the
breakdown or absence of dialogue
between New Delhi and Kashmiri mod-
erates which allowed the hardliners
to take a lead role.
www.epilogue.in
10
OPINION
In Search of a 'Starting Point'
ASHOK BHAN
Kashmir is caught in a whirlpool of violence. While the Central and
State Governments have shown their concern over the situation, it
has been impossible to break the vicious cycle. Every death will
naturally bring more violent protests. So should one wait for violence
to end or subside before remedial measures are taken?
Home Minister P Chidambaram while addressing the conference of Police
Chiefs has shown his concern over the situation. He is optimistic that over the
next few days the Government will be able to find the elusive 'starting point'. The
intent of the Government has further been elucidated by the Home Minister by
adding that once a start is made, efforts will be made to reach out to the
protestors, reassure them of their rights and dignity, restore peace and order,
redeem the promises made, and restart the process of dialogue that will lead to a
solution. The Home Minister has set a substantial agenda for the future. In very
unambiguous terms, the Government has conceded the existence of a problem,
which needs to be solved through a political dialogue. An assurance has been
given that the promises made will be met. The biggest challenge would be to find
the 'starting point' to break the impasse and put a stop to the cycle of violence.
No individual or party can be blamed for the present situation. It is
collective failure of a system of which every mainstream political party is a part
and parcel. All these parties have suffered losses in the form of killing of their
leaders and activists in the last two decades. Any further continuance of
uncertainty will be detrimental to the very existence of each one of them. Let
them not further shrink the political space by washing their dirty linen in public.
Additionally, the ongoing media wars will only benefit the adversary. There is no
scope for factionalism and group rivalry within political parties. Every one should
set aside personal differences and prejudices and pool in their resources to find
this 'starting point'.
The Chief Minister, his three predecessors, and many political leaders still
enjoy sizeable influence. Their coming together, even with the limited agenda of
working towards peace and mitigation of hardships being faced by the people,
can make a difference. The mainstream parties must revitalize their party
cadres, reach the aggrieved and apply a soothing balm on the wounds of those
who have lost their near and dear ones.
The colossal loss to education due to hartals and curfews has become
unbearable now. The academic year has to be saved, as it will cause irreparable
damage to the careers of the youth. Parents and teachers are fed up but do not
dare to raise their voice in fear of retaliation. Resuming the proper functioning of
educational institutions cannot wait anymore. A time frame becomes necessary
to break the impasse.
Vol. 4, Issue 9 Epilogue, September 2010
11
It can be assumed that emissaries
of the Governments at the Centre and
in the State must have established the
necessary lines of communication to
find the 'starting point.' The progress
needs to be monitored on day-to-day
basis. Any process of resolving a
conflict involves give and take. The
interlocutors must work with a clear
mandate or else this preparatory work
will end up in exchange of pleasantries
alone. One or more confidence
building measures from the
Government's side will go a long way in
making a beginning. Needless to say,
sufficient groundwork needs to be
done before any announcements are
made. A very productive CBM can be an
assurance to withdraw 'Disturbed Areas
Act' and as a consequence, the AFSPA
starting from the city of Srinagar. This
would require putting in place
sufficient Police arrangements in the
city of Srinagar. Thereafter, depending
on the ground situation, the phased
withdrawal in the remaining state can
be considered. Another CBM can be the
setting up of a Committee to screen all
cases of detainees and release of those
not involved in heinous offences. Many
other similar measures can help break
the impasse so that there is forward
movement on steps enumerated by the
Home Minister.
There is less than a fortnight left
for the Holy Eid festival. Can the
intervening period be used by all
stakeholders, to work towards the
elusive 'starting point'? It is within the
realm of possibility. Let this coming Eid
festival be the harbinger of peace in
the state. The Home Minister's
statement brings lot of hope to all
those who want peace to return. (IPCS)
www.epilogue.in
own way. When he announces condi-
tions for engaging in dialogue with
Government of India, he is sure of his
ability to agitate the Kashmiri youth on
those lines. Geelani draws this strength
from the breakdown or absence of dia-
logue between New Delhi and Kashmiri
moderates which allowed the hardliners
to take a lead role.
However bitter it may sound in
Kashmir, no impartial wisdom on earth
would expect India accepting such
demands. With a promise of dialogue,
India has always declared Kashmir as its
integral part and a climb-down from its
position is the last thing to be expected.
India has grown stronger over the years
and most of the powers in international
community endorse New Delhi's stand
on Kashmir. In fact, it is a proof of India's
clout in international community that
US and UK have of late been ticking off
Pakistan and patting India. When
Geelani calls upon the international
community to convince India on accept-
ing Kashmir a dispute, he misses a point
that now there are not enough ears to
hear this. The international community
certainly wants a peaceful resolution of
Kashmir issue but not exactly the way
Geelani suggests. Sympathizing with
the agitating Kashmiris is one thing but
ground realities of real politick can't be
ignored. The problem of Kashmir is com-
plex and agitations of three summers
may not be enough to see a solution
round the corner.
The Problem in Kashmir
To say that India should sit over the
status quo would be like oversimplifying
the Kashmir issue. Having put above the
separatist sentiment as it exists, even
the mainstream parties would like to
move beyond the status quo and go for
some creative solutions of Kashmir
issue. On the Indian side of Line of
Vol. 4, Issue 9
current affairs
Kashmir Unrest
Control, Jammu and Kashmir divided
into three parts –Jammu, Kashmir Valley
and Ladakh. There are unique problems
in Jammu and Ladakh but none in com-
mon with Kashmir. A solution for
Kashmir may, therefore, not be accept-
able in Jammu and Ladakh. Some sort of
regional census can be achieved only
when there is a party or leader with
equal clout in the three regions. There
is none. There are Kashmir based par-
ties with Kashmir centric vision, there is
one Jammu based party with Jammu
centric vision and there are two
national parties with a blurred vision of
Jammu and Kashmir.
That is where the 'problem in
Kashmir' comes as a stumbling stone on
handling the 'problem of Kashmir'.
Count the number of parties in Kashmir
and they will suggest you as many solu-
tions. The parties in Kashmir blame New
Delhi for not talking to them but the
fact is that they have never had a dia-
logue among themselves. Who should
New Delhi talk to? Why should New Delhi
believe that Geelani's referendum or
Omar's autonomy or Mufti's self rule is
the way forward? This idea will have to
come from Kashmir itself but Kashmiris
are not talking to each other; they are in
fact playing a competitive politics
against each other. In recent weeks
However bitter it may sound in
Kashmir, no impartial wisdom on
earth would expect India accepting
such demands. With a promise of dia-
logue, India has always declared
Kashmir as its integral part and a
climb-down from its position is the
last thing to be expected.
Epilogue, September 2010
current affairs
Kashmir Unrest
some voices coming out from New Delhi
have been quite promising, if seen
through the Kashmiri perspective:
Prime Minister Manmohan's assertion in
his Independence Day speech, “I
believe that India's democracy has the
generosity and flexibility to be able to
address the concerns of any area or
group in the country” and Home
Minister P Chidambram's statement in
Rajya Sabha that “Kashmir needs
unique solution” revealed Delhi's
mindset of engaging in some creative
solutions. Any out of box solution can't
be sold separately to different leaders
to satisfy their individual egos and
address their party standpoints. New
Delhi is aware of the internal bickering
and fragmented constituencies in
www.epilogue.in
The international community cer-
tainly wants a peaceful resolution of
Kashmir issue but not exactly the
way Geelani suggests. Sympathizing
with the agitating Kashmiris is one
thing but ground realities of real poli-
tick can't be ignored. The problem of
Kashmir is complex and agitations of
three summers may not be enough
to see a solution round the corner.
Kashmir. Morally Kashmiri leaders
should not blame Delhi for not talking
Vol. 4, Issue 9
12
to them. They can accuse Delhi at per-
sonal level of not talking to an individ-
ual but as far as dialogue is concerned
the lead should be taken by the
Kashmiri leadership to engage with
New Delhi only after firming up a con-
sensus among them. A consensus
within Kashmiris is far more important
that an agreement between Kashmir
and Delhi. Instead of asking Delhi to
resolve Kashmir, a solution should
come from Kashmir itself which has
been endorsed by the separatists and
the mainstream political parties. If
mainstream parties are not in a posi-
tion to sit across with separatists, they
should honestly sit across other side of
the fence and counter the separatist
movement
Epilogue, September 2010
13
Not the only
Problem in Kashmir
SHAGUFTA WANI
The spectre of fear and violence has descended like a dark cloud on the Kashmir valley. This has
compounded the problems of those who led a life of peace and security. But there are others who
even in normal times are denied this. For the vast numbers of widows, a large chunk having lost their
husbands to militancy, life is grim. The apathy of the government to their travails makes it worse.
K ashmir is burning as probably
never before. The unrest,
uncertainty, sense of insecurity
stemming from the current
environment of violence seems to have
spiraled out of control. For the ordinary
people across this pristine and beautiful
vale whether they are' stone-pelters' or
pacifists, life has become ominous and
peace elusive.
The struggle is a basic one, for
most people. To remain alive, safe and
healthy in an environment fraught with
tension, danger, through endless
hartals, curfews and altercations on the
street. Yes it is a tortuous time for the
people in the valley and for those who
are outside, highly disturbing. Lost
somewhere in the midst of this angst,
this outpouring of rage is perhaps the
memory of how things were. How
people lived, what they had, before this
present crises engulfed the valley. This
could be the clue or the trigger to set
forth a process of normalcy, a security
of life and limb which no doubt all yearn
for.
Let us not forget that shadow of
conflict has loomed large in this region
which has seen two decades of
militancy. Lives have been lost,
property destroyed and in its wake,
www.epilogue.in
livelihoods of people, education of
children and a whole slew of activities
part of the developmental process,
compromised.
The situation of widows in a sense
is the human face of the long drawn
conflict. According to some estimates,
one lakh people have been killed during
the period of militancy, mostly men.
Natural deaths apart, in Kashmir there
are bludgeoning figures of widows due
to deaths during these years There
would then be close to 50,000 widows
even going by a conservative figure.
Policies would then need to cater to this
particular situation, meet the needs of
the countless women and their
dependents to not only survive but build
a life of dignity or peace.
Shamali from Hanjipura village in
the border district of Kupwara lost her
husband Ramzan Dar a few years ago
leaving behind six children, of whom
only one son goes for work. But he is
married and has his own family to look
after including a four year old disabled
daughter whom Shamali has to take
care of. A local NGO's Help Foundation
working on welfare programmes for
rural poor, stepped in to donate a cow.
Shamali is able to survive and feed her
family selling the milk it produces.
Vol. 4, Issue 9
features
Notes on Life
“She is our only asset, and our only
occupation. No government official has
ever visited or helped us or that little
disabled child. Don't we have a right to a
dignified life? Don't we have a share in
our government?” she asks.
According to Nighat Shafi Pandit
who heads Help Foundation. “NGO's like
ours become relevant in the context of
the non-performance of government
schemes on the ground” She says there
are a number of schemes for protection
and welfare of widows and children but
r e m a i n o n l y o n p a p e r. The
Rehabilitation Council set up by the J&K
government has a plethora of such
schemes which only adorn the shelves of
the concerned department without
ever reaching women like Shamali.
Jannati Bi of Hanjipura, has not
been as fortunate as Shamali in terms of
getting a means of livelihood. She
recounts her tragic tale “ Ten years have
passed since my husband Akbar Wani's
death. I had seven children, five of
whom died due to acute shortage of
means. I could not feed them nor treat
them when they fell ill. I couldn't have
done anything to stop their death, so I
did what I could; I wept my eyes out.
“Perhaps as a result of grief and lack of
access to health services, Jannati Bi
Epilogue, September 2010
features
Notes on Life
Epilogue
because there is more to know
lost her eyesight. She is bitter, having visited the Social
Welfare Department, Kupwara but to no avail. “Let
alone getting a financial aid, they refused to fill even
my form.” This apathy by the authorities rankles deep
Regional in Content
for those who have lost their loved ones and face an National in Presence
uncertain and frightening future.
Sarah another young widow faces a different set of Ask for your copy at :
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from her children. The family does not get any help ?
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from the government except Rs. 200 per month from the Pune,
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frustrated and also anxious “One can imagine, in such ?
American Book Center
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young school-going son needs to work to support himself TAMIL NADU
which breaks his mother's heart. “Can anyone work as a ?
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spend this time and energy in his studies, he could ASSAM
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given to students from the government? Why my son is Magazine Agents, Patna
not getting it? “ BIHAR
The life of a widow is connected with others who
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Tutors Line, Trissur
the family. This loss is not being addressed in any
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substantial way by the government. Admittedly it has
?
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its hands full with the present situation but surely its
Shimla
responsibilities lie in reaching the benefits of good
HIMACHAL PRADESH
governance to the remotest part of Kashmir, to those
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who remain excluded from it?
Himidira Road Bhopal
There are many schemes for orphans and widows MADHYA PRADESH
by the state government, but the very people, who are ?
Modern Book House
entitled to it and need it the most, are least aware of it. Lucknow,
Why are these people on whose name schemes exist left UTTAR PRADESH
out in the cold, why cannot they access them? Why do ?
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government officials not reach out with the existing Jaipur
facilities to the people in time of distress? In fact they RAJASTHAN
could take the initiative to popularise these schemes by ?
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bringing out a list and making copies available to civil Farmanwadi, Hyderabad
society organizations working on the ground. This ANDHRA PRADESH
would be an excellent method of dissemination and ?
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raising awareness. Bapuji Nagar, Bhubaneshwar
This is one way; there could be many others. It is ORISSA
less about form than about intent. If the government
takes its job seriously, then the channels would open up. India Book House, MUMBAI
After all, governance is not just about damage control
Oxford Book Stores
but a commitment to the people of the region to better
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their lives no matter what. (Charkha)
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www.epilogue.in Vol. 4, Issue 9 Epilogue, September 2010

15 ladakh affairs
Disaster & After

A Midnight Cloudburst
and Loneliness of Ladakh
RINCHEN DOLMA

With thousands of tourists making it their preferred second home, Ladakh had just started enjoying
the newly assumed status of being the most happening place in Himalayas. A midnight cloudburst has
shattered all those imaginations. Close to 200 lives have been lost, mostly in sleep, and sleeping again
is not without nightmares

L ess than a month ago the word

'Ladakh' evoked images of a spec-
tacular wind-swept land of an
unmatched beauty nestling amongst the
great Himalayan and Karakoram moun-
tain ranges and the upper Indus River
Valley. Equally evocative were the
images of tourists from far corners of the
world seeking out the unique cultural her-
itage and the breathtaking trekking trails
amidst the nature at its best. On the
night of August 6, everything changed
when the nature's fury was unleashed as
never before in living memory here.
Cloudburst occurring on an open land,
or mountains will largely invite aca-
demic interest. It will not have the
destructive ramifications as in a popu- ter in this high altitude terrain. But it's a ting people together, sharing informa-
lated area, particularly, in an ecologi- mammoth task. tion, views and opinions about the region
cally fragile zone, of undulating moun- Equally pertinent, albeit in a reflec- and the world beyond?
tains and rocky terrain like Ladakh. tive sense is the question of Ladakh's links Ladakh's journey in this Information
Here the ensuing mudslides gobbled within and with the outside world, not Age lies rooted in its history. Its distinct
up everything in its path, buildings, tress, only in times of disaster but in normal ethnicity and culture and perhaps the
human beings and animals leaving a trail times. most defining aspect, its remoteness
of destruction, death in a region ill- We need to ask ourselves, how much from the rest of the country, exacerbated
prepared for such a calamity, on a gentle, does the average reader or viewer of mass during a time of crisis when the only two
warm-hearted people who were looking media really knows about this region road links via Manali and Srinagar are dis-
forward to yet another tourist season besides the stereotypical images which rupted.
which brings livelihoods and prosperity. have suddenly been demolished by the Since time immemorial, the people
The priority, undoubtedly, is speedy cloudburst in the wee hours of August 6? of this region of the country have
and appropriate relief and rehabilitation Also how effective or widespread remained secluded from the rest of the
before the onset of a long and bitter win- are media links within the region, knit- country. Most of the rural areas are inac-

www.epilogue.in Vol. 4, Issue 9 Epilogue, September 2010

ladakh affairs 16
Disaster & After

www.epilogue.in Vol. 4, Issue 9 Epilogue, September 2010

17 ladakh affairs
Disaster & After

cessible, mountainous, remote and iso-

lated. There are pockets within Leh dis-
trict (Ladakh has two districts, Leh and
Kargil), which remain cut off for six to
seven months in a year during winter
when the snow sets in.
This remained the situation till the
1970's when the region was opened to
tourism which created new and lucrative
sources of income for the local people.
But that was not all. It brought in a pleth-
ora of information and new ideas linking
this isolated mountainous region
instantly to the fast-paced progress of
the developed world.
Exposure to technology was one
thing. Interaction with perhaps the best
and brightest from across the globe was
quite another! Academics, scientists,
writers, artists came to Ladakh in a dif-
ferent capacity-as tourists and left their
imprint on the region, on the minds and
hearts of people. It was the first 'opening'
of links ever since trade routes to Central
Asia and Tibet were closed in early
1960s, following Chinese' Cultural
Revolution.
Some of the visitors got involved
with local issues of social and environ-
mental concern, organized interest
groups, even triggered the setting up of
civil society organizations, local NGOs.
Gradually the public domain in Ladakh
grew making a quantum leap from a
secluded, isolated community to one
engaging more and more within itself and
with the outside world. All this through
communication which simply did not
exist in this form. The benefits have
been tremendous.
Breaking the barriers of physical and
situational differences and creating a
forum for interaction and exchange of
information has been the natural out-
come. Today, around 50,000 tourists
return with various different impressions
to share with others through Internet,
blogs multiplying manifold the horizon of
the information on Ladakh. "Connectivity

www.epilogue.in Vol. 4, Issue 9 Epilogue, September 2010

ladakh affairs
Disaster & After
Reasons for Leh disaster
B ased on detailed analysis of weather data of last five
years in Leh, Ladakh, scientists have attributed the
recent cloudburst in the region to prolonged winters,
which may be due to climate change.
"After going through the sequence of events of the
weather that led to the cloudburst on August 6, it has
been reinforced that the catastrophe was due to
prolonged winters being witnessed in the region,"
sources in Leh-based Defence Institute For High Altitude
Research (DIHAR) said.
The analysis by the research institute under the
Defence Ministry was done to look into the reasons that
triggered the cloudburst in Ladakh which is usually
considered unnatural because it is a rain shadow area.
On condition of anonymity, he said at a recent
meeting on "Evaluation of climate change in Ladakh
sector and causes of Cloud Burst in Leh," the scientists
led by DIHAR director Sashi Bala had analysed the
weather data of the last five years in terms of monthly
temperature, rainfall, humidity and snowfall.
The study indicated that increased temperature and
hot summers in the plains lead to increased evaporation
and subsequent cloud formation in the hills.
"This in turn, led to increased duration of snowfall
in Ladakh when compared to previous years.
"The winters in Ladakh were found to be
prolonged," the experts concluded though they felt the
phenomenon could not be directly associated with
climate change given the short range of data.
The region was witnessing unusual phenomenon of
bright sunshine in the June and July months causing
melting of snow and high relative humidity (72%) as
compared to previous years (50%), the scientist said.
Tracing the change in weather on the basis of the
data available, he pointed out that "since snow absorbed
the latent heat also, the monthly maximum and
minimum temperature remained low and did not shoot
up as compared to previous years (2006).
"The low temperature and high relative humidity
lead to formation of dense low clouds in the valley.
Since the vapour content in the clouds were high
and on trying to cross the glaciers, the vapours further
www.epilogue.in Vol. 4, Issue 9
18
condensed.
"The clouds could not retain the water droplets
that lead to the cloudburst. Since the rainfall was absent
on 3rd, 4th and 5th August and was negligible on 7th, 8th
and 9th August the theory of occurrence of a cloudburst
in Leh due to prolonged winters may be reinforced," the
meeting said on the sequence of event.
The cloudburst, which led to flash floods and
mudslides, claimed about 180 lives and injured about
400 people, besides causing widespread damage to
public and private property.
The Defence establishment has also initiated
research towards preventing soil erosion in case of heavy
rains in the area in future in view of climate change.
Meanwhile, Russia will help in building high altitude
'green houses' in cities like Leh in Ladakh for providing
fresh vegetables for the jawans and civilians in remote
mountain areas.
A Memorandum of Understanding to this effect was
signed on Moscow by the visiting director of Defence
Research & Development Organisation (DRDO) Pramod
Shukla and Alexander Demidov of the Russian Science
Academy's Main Botanical Garden named after N V Tsitin.
"Under this MOU, high altitude Green Houses will be
set up using Russian expertise in Indian cities like Leh in
Ladakh, as well as the two organisations will in the field
of bio-diversity, bio-engineering and bio-technology,"
Shukla said.
Initially three Green Houses would be built with the
support of Russia's M/s Stroi Project. The
environmentally controlled Green House will also help to
develop variety of cold-tolerant, vegetables.
"These Green Houses will have large collections of
rare plants, flora & fauna, which could be used in
medical, health promotion and other useful
technologies. These joint research projects would not
only benefit our soldiers working at high attitude but
also the civilian population," he underscored.
DRDO has also signed another MoU with Moscow
State University for joint research activities in the
sustainable eco-friendly agro technologies suitable for
Himalayan region.
Epilogue, September 2010
19
has brought Leh really into total churning of the world"
says local educationist E S Gergan.
Yet we need to ask ourselves-is this enough? Which
brings us to the home truth of a glaring absence of the
print media in Ladakh. There are no newspapers or maga-
zines published from this region. The only newspapers
from outside, largely English are flown in every few days.
All news thus turns stale before it reaches Ladakh.
"Over the years communication has developed rap-
idly in Ladakh in the form of Internet, radio, television
and mobile technology but there is great risk of misusing
these mediums that may cause harm to our religious and
cultural views and practices. However, I feel that a news-
paper or magazine published locally would result in a
more transparent flow of communication", says Dr.
Sonam Wangchok, a leading research scholar in
Buddhist Studies. At a time like this when Ladakh is in the
throes of probably the worst natural calamity in decades,
it may seem far-fetched to talk of the benefits of the print
media.
Indeed mediums like the radio and television lend
itself well to knit the people together, provide relevant
even crucial information and updates on health facilities,
road links, missing persons and relief measures. It is an old
adage that the media plays a critical role in the democratic
process. It fosters an interchange of views, ideas and opin-
ions on social, educational, cultural, economic issues which
enhanced participation and awareness, the cornerstone of
democracy. Yet all this is sorely missing in Ladakh.
According to Tsewang Rigzin, former Executive
Councillor (Education) at the Ladakh Hill Council, pres-
ently Councillor Nubra constituency is in another capacity
the "Ladakh is undergoing a period of transition and a pow-
erful medium of communication like a local newspaper or
magazine is the need of time." Rigzin is equally a journal-
ist of repute and currently the Associate Editor of this
Magazine.
According to Charkha Features, it is then time that
Ladakh breaks out of its shell, both to integrate local com-
munities within its natural boundaries and beyond to
share current news and perspectives with the rest of the
country.
Yes, the immediate need of the hour is to address the
aftermath of the terrible natural calamity that has shaken
this region from its serenity. But there is a larger message
that should not be missed which is of creating in Ladakh,
an informed and discerning public opinion that would be
pro-active in sifting out its developmental priorities and
taking collective action.
www.epilogue.in
ladakh affairs
Disaster & After
WHERE IS MP?
Hassan Khan
disappoints Leh
I n this hour of crisis, something which Ladakh had never
witnessed in its history, Ladakh's representative in
Parliament (MP) Hassan Khan remained almost a silent
spectator. It was his obligation to be with the affected
people in Leh and communicate their difficulties to the
Government of India from time to time. But unimaginably his
conscience seemed to have allowed Mr Khan to remain silent
over the crisis and also to remain away from the flood
victims and affected villages of the district.
Such attitudes of vested interests always create an
unnecessary gap between the people of Leh and Kargil
districts. At the same time I want to place on record my
heartfelt appreciation and thanks to the people of Kargil
headed by their social, religious and political heads, who
very generously arranged to send volunteers to help the
affected people of Leh during those hard, gloomy and
mourning days.
It is not for the first time, Hassan Khan is giving a step-
motherly treatment to Leh; he has always ignored the area
and hurt the sentiments of the people of Leh time and again.
To cite a few examples: Hassan Khan has never toured Leh
district ever since he got elected to the Lok Sabha. Being the
MP from Ladakh, Mr Khan is a member of the General Council
meetings of the LAHDC Leh also, but he has never bothered
to attend any General Council meeting of the Hill Council Leh
so far which clearly shows the kind intention of this leader
towards an equitable development of Ladakh region. Those
people and leaders, who had helped to ensure the victory of
Hassan Khan, by creating unnecessary division among the
masses with the use of all undemocratic means, must regret
now for his deeds.
Dear Mr Khan, where is all the MP-LAD funds? We need
them for the reconstruction of Leh. Today there are hundreds
of Ladakhi and non-Ladakhi people and organistions, who are
trying to help the flood victims through generous donations.
On the other hand, MP-LAD funds which available at your
disposal is due for us. Hassan Khan should understand that he
is the MP for the whole Ladakh region.
– TSEWANG RIGZIN
Vol. 4, Issue 9 Epilogue, September 2010
ladakh affairs 20
Disaster & After

Irreparable Loss

TASHI MORUPP

A
round midnight of August 6
deafening sounds of thunder
with lightening constantly woke
up everybody to run for their lives as
those frightening moments was some-
thing unbelievable for the people of
Leh. Within minutes cloudbursts and
thundershowers wreaked havoc
destroying innumerable residences,
commercial outfits, govt. offices and
killing some 200 people by flash floods
from Shagshaliung valley in Leh town
and Sabu-Choglamsar valley.
Other adjoining and far off valleys
mainly falling on North bank of the Indus
River too experienced similar cloud-
bursts and flashfloods leading to a dev-
astation never witnessed in the written
history of Ladakh.
The sheer force of the water
ripped apart steel shutters of shops, manner as winter months are approach- to cracks developing in the walls indica-
smashed trucks and cars to become ing. tive of eventual collapse. And the next
heaps of mangled scraps, uprooted tens The greatest challenge falls on the important issue or challenge before the
and thousands of trees, washed away district administration to provide them govt. is how to compensate the loss of
crop fields, roads, bridges, houses caus- alternative accommodation even as thousands of acres of fields washed or
ing absolute mayhem and a loss irrepa- many civil society organizations are damaged in flash floods. With many
rable in the next “hundred years” as one actively working towards that as well. crops destroyed there could be food
resident of Sabu put it in his interview to Prime Minister has announced 1.25 shortage also in coming winter months.
local TV. crore rupees for reconstruction and Finally, the immense restoration
For days people stayed in tents on rehabilitating the displaced people; it works lying ahead must be done care-
hills as dark clouds continued to linger would be imperative to ensure that no fully with the involvement of experts
with sporadic rainfall and thunders. one remains bereft of supports needed and people alike so as to avoid such
Nightmare didn't end with days getting in the crises time. large scale damage in future. Here is
clearer; the aftermath of such devasta- It is important to highlight that also an opportunity to learn from the
tion would be no less panicky. there are innumerable houses filled mistakes as well as there is a need to go
Flashfloods have rendered hundreds of with mud, and owners are apprehensive back to the past deriving inspiration
people homeless who are living in tents that their cases could be treated as nor- from ancestral knowledge about build-
for now, but they cannot continue in this mal overlooking the grave situation due ings and settlements.

www.epilogue.in Vol. 4, Issue 9 Epilogue, September 2010

21 in focus
50 Years Of Indus Water Treaty

The Indus Water Treaty 1960

PREAMBLE
The Government of India and the Government of
Pakistan, being equally desirous of attaining the most complete
and satisfactory utilisation of the waters of the Indus system of
rivers and recognising the need, therefore, of fixing and
delimiting, in a spirit of goodwill and friendship, the rights and
obligations of each inrelation to the other concerning theuse of
these waters and of making provision for the settlement, in a
cooperative spirit, of all such questions as may hereafter arise in
regard to the interpretation or application of the provisions
agreed upon herein, have resolved to conclude a Treaty in
furtherance of these objectives and for this purpose have names
as their pleni-potentiaries :
The Government of India :
Shri Jawaharlal Nehru
Prime Minister of India,
and
The Government of India
Field Marshal Mohammad Ayub Khan, HP., H.J.,
President of Pakistan;
Who having communicated to each other their respective Full
Powers and having found them in good and due to form, have
agreed upon the following Articles and Annexures :

JUMP TO PAGE 38 TO 45 FOR FULL TEXT OF TREATY

www.epilogue.in Vol. 4, Issue 9 Epilogue, September 2010

in focus 21
50 Years Of Indus Water Treaty

Navigating the Indus Waters

Building a Community from the Treaty
D. SUBA CHANDRAN

F
ifty years ago, in September 1960, India and Pakistan signed a historic
agreement on sharing the waters of the Indus Rivers. It was no mean
achievement; it was a result of a protracted negotiations; Gulati in his book
on the Indus Waters explains this painful negotiations brokered with
enormous assistance from the World Bank. Equally important has been the
adherence of this treaty for the last five decades. Though under strain for the last few
years, until the 1990s, both countries pursued the Indus Waters treaty. Elsewhere, at the
global level, the Indus Waters treaty has been projected by the international community
as the only effective understanding that has withstood numerous wars and insurgencies
between the two countries. True, if there could be one party that could violate the
treaty, it is India. India being an upper riparian, and Pakistan being a lower riparian, if
there is one party that could violate the treaty, it would be India. The credit for keeping
this treaty should primarily go to India; however, Pakistan's contribution should be
considered as well, given the provisions of the treaty. Pakistan could complain about the
Indian projects and seek for an independent arbitration, as it did in the Baglihar project
and is likely to do in the Kishen Ganga project. The IWT provides for an independent
arbitration, which is time consuming and costly. Pakistan could have raised every project
independent arbitration, if it did not want to cooperate. If India has to reap the credit for
keeping the IWT intact, one should recognize Pakistan's inputs as well. At least, till the
1990s. Since the 1990s, Pakistan's game plan vis-à-vis the Indus Waters is changing.
Though Baglihar and Kishenganga appear to be the main problems today, there are other
fault lines, internal, bilateral and multilateral, which are straining the Indus Waters
Treaty (IWT). The IWT is likely to come under larger stress in the near future and it is
imperative, that people living along the Indus River understand the gravity of issues, and
look beyond their national and regional prisms. This is where it is important to analyse
the IWT and its performance in the last fifty years and forecast, what is likely to happen in
the next fifty years. Since water is considered to be the life line and has the potential to
evoke emotional responses and at times, even jingoistic feelings, it is imperative to look
into the social, economic and political changes that is taking place today, and their likely
impact on sharing the Indus Waters in the next fifty years. Also, we need to prepare for
the next fifty years.

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23
Where Lies the Problem?
“Letter and Spirit” or “Letter vs Spirit”
T
here is a problem in sharing the
waters in India and Pakistan – at
bilateral levels and also within
each country at State/provincial levels.
Haryana, J&K, Himachal Pradesh and
Punjab have series issues in sharing the
waters in North India, while Karnataka,
Kerala and Tamil Nadu have similar
problems. Within Pakistan, all four
provinces – Punjab, Sindh, Balochistan
and NWFP have been fighting for
decades on sharing the waters. So are
the issues of water between Nepal,
India and Bangladesh. Since the focus of
this essay is on exclusively on the Indus,
other water issues shall not be focused
here.
While India and Pakistan have
signed Indus Waters Treaty, towards
sharing the Indus river waters in 1960,
and the four provinces of Pakistan have
signed an agreement (Inter-Provincial
Water Apportionment Accord) in 1991 to
share the waters within themselves.
Both the agreements intra-state and
inter-state have been extremely painful
and reached after an arduous
n e g o t i a t i o n . U n d o u b t e d l y, t h e
negotiating parties deeply felt, that
there is a need to work together, which
enabled them to reach an
understanding. Both agreements are
clear and unambiguous. In short, there
was a clear spirit that guided them to
reach an agreement in writing. Why are
the parties fighting then today? That
too, ironically over what constitutes the
letter and spirit?
www.epilogue.in
Consider the following issues. The
Indus Waters Treaty was negotiated
between India and Pakistan in the
1950s; the book authored by ND Gulati
sketches the painful to and fro of
points, counter points, positions and
counter positions. Finally the treaty was
signed in 1960. The World Bank did a
great service by brokering this treaty;
had it not been for its pressure, it is
doubtful, India and Pakistan would have
agreed to such a treaty. However, this
should not take the credit from India
and Pakistan; both countries ensured
that the treaty was adhered to, even
during the wars and proxy wars.
To d a y, o n e o f t h e m a j o r
accusations of Pakistan has been
centered on India not adhering to the
letter of Treaty, in terms of water flow,
prior intimation of projects, and
construction beyond what is provided
by the IWT. India's counter accusation is
centered on Pakistan not following the
spirit of the IWT, and acting as a
spoilsport in delaying India's projects,
either by not responding or taking them
to the neutral expert.
Pakistan considers neutral expert
is provided by the IWT, hence there is
nothing wrong in making use of that
provision in case of a difference. India
on the other hand considers, that
provision should be the last option and
not recourse for each and every project
that India proposes. The reference does
cost time, money and efforts, in terms
of delaying the project, thereby
Vol. 4, Issue 9
in focus
50 Years Of Indus Water Treaty
increasing the cost of not only
construction, but also related
expenditure in not making use of the
hydro potential.
Within Pakistan, Sindh prefers to
strictly adhere to the 1991 Agreement,
which is a consensus document amongst
the four provinces. Any construction of
major dam (like Kalabagh) or canals
(like Greater Thal and Chashma-
Jhelum), Sindh fears will benefit only
the Punjab, but at the cost its own.
Punjab, on the other hand wants to see
the 1991 Agreement as politically
beneficial, that would provide space for
better management of water resources.
Punjab's conviction is centered on the
fact any such construction will greatly
help its own agricultural and industrial
sectors, without affecting smaller
provinces of Balochistan, NWFP and
Sindh.
What should be the primary focus
of water governance between the
parties? Should it be the letter or spirit?
It is unfortunate, that between
India and Pakistan, and between the
four provinces of Pakistan, that the
issue has become letter vs spirit instead
of letter and spirit. This is not a unique
situation between the above mentioned
actors. Unfortunately, this is also the
case between numerous inter-state and
intra-state actors in South Asia. As of
today, as mentioned above, within India
there are similar conflicts between
Punjab and Haryana, Karnataka
Tamilnadu and Kerala over the sharing
Epilogue, September 2010
in focus
50 Years Of Indus Water Treaty
of water resources.
Not only the institutions that are dealing with
water management are weak, even other
institutions – especially legal and political, also are
equally fragile. In certain cases, States create a
separate tribunal, to deal with water disputes
between the provinces and keep away from the
purview of regular legal institutions. Given the pace
and inordinate delay associated with the courts in
South Asia, one could easily conclude, even if they
are referred to the regular institutions, they are
unlikely to fast and effective.
Unfortunately, the tribunals at national level,
and arbitration at international level, not only take
time, but also cannot effectively ensure the
implementation of its verdict, in accordance with
the letter, and more importantly, the spirit behind
Today, one of the major accusations of Pakistan
has been centered on India not adhering to the
letter of Treaty, in terms of water flow, prior
intimation of projects, and construction beyond
what is provided by the IWT. India's counter
accusation is centered on Pakistan not following
the spirit of the IWT, and acting as a spoilsport
in delaying India's projects, either by not
responding or taking them to the neutral expert.
the verdict, and the original spirit behind the earlier
water agreement itself.
Clearly, legal recourse will not enforce the
letter and spirit, either at the national and
international levels. Worse, both parties (as in the
case of verdict given by Baglihar neutral expert) will
interpret the verdict as a vindication of their point
of view. The issue is political, hence resolved
politically.
There is a need to invoke the “spirit”
argument; this needs to be done at multiple levels –
governmental and societal. Pursuing an
independent “letter” approach will get a
“judgment” but not necessarily “justice”. It should
be letter and spirit, with an extra emphasis on the
latter. The State alone will be unable to address this
basic issue, which is essential in building trust about
the other.
www.epilogue.in
24
Understanding
Pakistan's Game
Plan: What and Why
The idea of a 'water war' between India and
Pakistan is being deliberately drummed up. In
this regard, Pakistan is likely to pursue the
following three strategies at national (within
Pakistan), bilateral (with India) and international
levels.
PAKISTAN'S STRATEGY 1:
Blame India for Pakistan's Water
problems
Internally, there is a serious problem in sharing the
Indus Waters between the four provinces of Pakistan. This
is made worse by the failure of two institutions - Water
and Power Development Authority (WAPDA) and Indus
River System Authority (IRSA) inside Pakistan. WAPDA is in
charge of managing the waters and power sectors; many
have questioned its efficiency to handle the growing
challenges relating to energy and water. The IRSA, which
is the apex body to share waters between the four
provinces in Pakistan, is highly divided. The current
debate, problems and perceptions within the IRSA, and
how the provinces see this institution, will highlight the
internal divide.
Sindh has been accusing Punjab of water theft; and
is also against the Indus Waters Treaty(IWT). The
government of Sindh has passed resolutions repeatedly in
its Provincial Assembly (in most cases unanimously)
against the IWT. These internal problems have an
important impact on the IWT and Pakistan's demand on
the Indus Waters. The smaller provinces, though in
principle are against the IWT, their real problems are
against Punjab in terms of sharing the waters. This is why
NWFP and Sindh (along with Balochistan) are against the
construction of Kalabagh dam by Pakistan.
Vol. 4, Issue 9 Epilogue, September 2010
25
Pakistan, (read Punjab), is likely
to accuse India for their internal woes
in sharing the Indus Waters. 'Blame
India for Pakistan's water woes'
project, Islamabad thinks, will
considerably bring down the internal
problems in sharing waters, and even
unite the provinces. Besides the
sincere doubts and apprehensions of
the lower riparian; one can see a
deliberate orchestration of water
theft by India by certain mainstream
and vernacular news papers, and
jingoist talk shows by certain anchors.
Will the smaller provinces fall for
this? Their primary problem will
remain Kalabagh and not Baglihar. In
other words, the primary concerns of
smaller provinces in Pakistan will be
the sharing of waters within, than the
accusation of India stealing waters.
Like Kashmir, IWT will remain a
Punjabi obsession. This does not mean
the smaller provinces will support
India indirectly; they are against the
IWT in principle and consider the
signing of the Treaty as the original sin.
PAKISTAN'S STRATEGY 2:
Object to each and every
Indian Project
At the bilateral level, Pakistan is
likely to object to every Indian
project, whether there is merit or not
in their case. To be fair to Pakistan,
one should understand the concerns
and fears of lower riparian regions,
which are universal. Beyond the
trumped up feelings of India 'stealing'
Pakistan's waters, there is a genuine
fear, that Pakistan will run dry. With an
increasing population and the
emphasis on agriculture remaining
www.epilogue.in
high, water is their most important
concern. There is also a genuine fear
within Pakistan, that India is not
sharing all information that it could (in
good faith) and it should (under the
IWT obligations).
For the above mentioned real and
imagined reasons, Pakistan is likely to
object to each and every project,
which India is likely to pursue on the
western rivers. This would serve the
following purposes; first, it would
delay the project, thereby forcing
India to respond to its objections and
share more information.
Second, this would address the
Like Kashmir, IWT will remain a
Punjabi obsession. This does not
mean the smaller provinces will
support India indirectly; they are
against the IWT in principle and
consider the signing of the Treaty as
the original sin.
internal audience within Pakistan;
Pakistan cannot complain to its own
people that India is the real culprit,
without Islamabad making a formal
complaint. The expectation is that
India cannot afford to delay the
projects; the political, energy and
economic implication of delaying
these projects will cost India dearly.
PAKISTAN'S STRATEGY 3:
Internationalize the
Water Issue and Replace
'Kashmir Issue' with
'Water Wars'
Vol. 4, Issue 9
in focus
50 Years Of Indus Water Treaty
Finally, Pakistan is likely to flash
the water issue at the international
level, as 'the' most important issue
b e t w e e n I n d i a a n d Pa k i s t a n ,
threatening the latter's very
existence. Pakistan would not
hesitate to take the differences in
sharing the Indus Waters to the
neutral expert, as provided by the
treaty.
Though, this will delay the
project and increase its economic
cost in the long run, this is what
P a k i s t a n w a n t s p r e c i s e l y.
Irrespective of any negative verdict,
Pakistan would not mind referring to
the neutral expert, for the impact it
will have on India. Consider the case
of Baglihar on Chenab; how much
time it took for India to get the
verdict finally? And how much has the
delay increased its cost, in terms of
construction and also the energy
production?
Pakistan is also likely to take the
water issue at the international level
and project it as having the potential
to start the next round of war
between the two countries.
A Water War between India and
Pakistan is already being discussed
within Pakistan; unfortunately, today
one finds references even in
mainstream newspapers, on the
possible use of nuclear weapons, if
India denies Pakistan's share.
This (linking water and nuclear
weapons) will catch the international
attention, to pressurize India and
Pakistan to work together. What
Pakistan is likely to do is to replace
the Kashmir issue (for which there is
not much interest today at the global
l e v e l ) w i t h w a t e r, t o g a i n
international attention
Epilogue, September 2010
in focus
50 Years Of Indus Water Treaty
What needs to be done?
Keep the IWT away from
the Composite Dialogue
D
uring the recent months, there
have been an increased shrill
from Islamabad vis-à-vis the
Indus Waters Treaty (IWT), in terms of
India not violating the treaty. There
have also been an increased emphasis
from the Pakistani side, to include the
waters issue into the composite
dialogue. Will this be a better strategy
to discuss the water issue, than the
present one? Or will this prove counter-
productive?
India at the outset is apprehensive
and in fact has rejected the idea of
including water issue from discussing in
the composite dialogue. While the
primary reasons for New Delhi's
rejection is its cautious approach – that
it does not want one more issue to be
added to the Composite Dialogue. Also
it does not want one more contentious
issues, whose weight will pull down the
composite dialogue.
The more pertinent question is –
will including the water issue in the
composite dialogue help India and
Pakistan to achieve better results?
Unlikely, for the following reasons.
First, so far, India and Pakistan
have been discussing water issues in a
separate platform – Indus Waters
Commission, which is historically older
than the composite dialogue. Article VIII
of the Indus Waters Treaty (IWT) signed
in 1960 provides for a permanent Indus
Wa t e r s C o m m i s s i o n a n d t w o
Commissioners in India and Pakistan.
www.epilogue.in
The IWT also ensures that these two
Commissioners “meet regularly at least
once a year, alternatively in India and
Pakistan” and “undertake, once in
every five years, a general tour of
inspection of the Rivers for ascertaining
the facts connected with various
developments and works on the Rivers.”
Besides, the IWT provides that “the
Commission shall also meet when
requested by either Commissioner.” In
terms of the appointment of the
commissioner, the IWT says, the
Commissioner should be a high ranking
engineer, competent in the field of
hydrology and water use.”
What the IWT provides, are the
following: competent and specialist
engineers, who will meet annually (and
more, if there is a requirement) and
undertake a general inspection of the
Rivers. Thus the treaty provides for
permanency, specialists, regular visits
and meetings. Compare this with the
other important issues, which are
discussed as a part of the composite
dialogue from J&K to nuclear stability.
In terms of regular meetings and
relative success no other issues can
claim a similar positive output, as that
of the Indus Waters Commission
meetings.
Second, the composite dialogue is
not only a recent phenomenon, but also
highly dependent on the nature of
regimes, leadership and events of
importance. There is no need to repeat,
Vol. 4, Issue 9
26
that the change in regimes, at times
even governments affect the nature and
intensity of the composite dialogue.
Issues such as terrorism and sub
conventional wars (like those on Kargil
conflict, terrorist attacks on the Indian
Parliament and Mumbai) derail the
composite dialogue. In short, composite
dialogue is unreliable, in terms of
sustenance and seriousness.
Third, composite dialogue also
suffers from a huge disadvantage in
terms of its failure to insulate from
forward or backward movement on one
issue. In most cases, all the eight issues
that form the composite dialogue are
discussed over a period of three to five
days, in the same venue by different
groups. If there is no forward movement
on the first issue discussed on the first
day, it has a domino effect on the other
issues. As a result, failure to find a
forward movement on the first issue,
affect the progress of other issues.
Fourth, the water issue is no more
a bilateral issue between India and
Pakistan. There are serious differences
within each country; for example, in
J&K, there are numerous complaints
from the people of across the Line of
Control (LoC) on the sharing of waters.
While J&K on the Indian side has been
upset about the IWT, for not allowing to
exploit the water resources, especially
in terms of power generation, both the
administrative units across the LoC in
Muzaffarabad and Gilgit have been
Epilogue, September 2010
27
equally upset with the
IWT. The AJK government
has been complaining
about the Mangala dam,
especially in terms of the
environmental impacts
and also the non-
settlement of people who
have been displaced due
to this dam, there are
numerous problems vis-à-
vis the Diamer-Basha dam,
for which Gilgit-Baltistan
have raised substantial
objections. Besides the
two parts of Kashmir
across the LoC, the smaller
provinces of Pakistan,
especially NWFP and Sindh
have been extremely
upset with the
government of Pakistan.
They complain that the
internal sharing of Indus
Waters within Pakistan is
beneficial to Punjab, at
the cost of Sindh and
NWFP. In fact, the last few
years, there have been
numerous discussions in
the Sindh provincial
assembly and have
repeatedly emphasized
that the Indus Waters
Treaty is not in their
favour.
Given the above
complications, it would be
useful and beneficial to
keep the IWT out of the
composite dialogue, to
keep it productive and
meaningful. In fact, one
should learn from the IWT
and split the composite
dialogue in numerous
smaller insulated and
regular processes.
www.epilogue.in
Effective Sharing the Indus
Waters: From
Treaty to Community
F
rom New Delhi's perspective, it is
important to realise that internal
political and emotional situation
regarding the sharing of waters in Pakistan
and in J&K is likely to have a negative
impact on the IWT as a whole. Experts like
BG Verghese have already pitched for an
Indus Water Treaty-II, which is important
from New Delhi's perspective to look into
and prepare for. The objective should be to
prevent any water wars – internal and
bilateral, and also to improve water
governance.
The following issues in particular
have the potential to become a crisis,
straining the IWT further. First, there is a
clear divide between Jammu and Kashmir
(J&K) on the one hand and the central
government on the other, on the nature
and use of IWT. The people and
government of J&K, where the Indus and
most of its important tributaries flow
through, are against the IWT, as they feel it
is against their interests. A resolution was
passed in J&K Legislative Assembly in
2002, calling for annulling the IWT. A
section inside J&K even considers the IWT
as an Indo-Pak conspiracy against the
Kashmiris. Kashmiri grievances are based
on emotional and economic issues; for
Kashmiris, water and land have always
been an emotional issue. Second, J&K also
considers the IWT as an economic liability.
The majority in J&K consider that the IWT
discriminates against Kashmiris by not
letting them tap the potential of the Indus
and its tributaries in terms of using the
Vol. 4, Issue 9
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50 Years Of Indus Water Treaty
waters for agriculture, transport and
energy. It is believed that the losses that
the IWT cause to J&K are around Rs.80
billion annually.
Third, the people of Northern Areas in
Pakistan-Occupied Kashmir (PoK) also
consider the IWT against their interests. The
controversy over the construction of
Diamer-Basha dam highlights the tensions
between Northern Areas and Islamabad on
sharing the Indus waters. Many in Northern
Areas feel that Islamabad has not provided
any political status to the region, precisely
to exploit them over the Indus waters. They
argue that had Northern Areas been a
political entity, Pakistan then would have to
share the waters and royalty. Worse, a
section also believes, that while the Basha
dam will submerge parts of its land and
result in displacement, the royalties will go
to the NWFP.
Fourth, PoK has a serious problem
with the rest of Pakistan on the Mangala
dam. Muzaffarabad feels exploited by the
rest of Islamabad over the dam and the
construction in Mirpur has dislocated the
entire city, with the benefit going to the
rest of Pakistan. Islamabad is too
sensitive about any water-related issues
involving PoK and the Northern Areas. A
government official was suspended for
writing a book on the Mangala dam;
subsequently all his books were banned
during 2002-04 and he was accused of “an
attempt to promote nationalist feelings
amongst Kashmiris.”
Fifth, the four provinces of Pakistan
Epilogue, September 2010
in focus
50 Years Of Indus Water Treaty
are deeply divided within, in terms
of sharing the Indus waters. The
controversy over the construction
of Kalabagh alone will amplify
internal problems relating to the
water conflict. While Punjab wants
to build the dam at any cost,
leaders of Sindh have warned
Islamabad to choose between
Kalabagh and the federation,
meaning that construction of the
dam will result in Sindh walking out
of the federal structure.
Sixth, South Asia as a whole
has a serious deficit relating to
water governance. None of the
countries in SAARC use water
judiciously; as a result, there is
huge water wastage. Besides,
despite knowing that water is
precious commodity, South Asia
has failed to evolve alternate
modes of irrigation; canal and river
irrigations are the most preferred
in South Asia. Methods like drip
irrigation and crop rotation to
better use the available water, are
yet to be effectively evolved.
South Asia as a whole, wastes
water.
Finally, studies on the
Himalayan glaciers highlight the
possibility of a decline in water
flow in the Indus and its
tributaries. With expanding
populations and growing energy
and economic needs in the
region, any decline in water flow
will only increase the stress on
the IWT. Given the inter-state and
intra-state political and
emotional issues along the Indus
river basin, the possibility of
water scarcity resulting in water
wars between the states and
within them, cannot be
completely ruled out.
www.epilogue.in
Ü
There is a clear divide between
Jammu and Kashmir (J&K) on the
one hand and the central government
on the other, on the nature and use
of IWT. The people and government of
J&K, where the Indus and most of its
important tributaries flow through,
are against the IWT, as they feel it is
against their interests.
Ü
J&K also considers the IWT as an
economic liability. The majority in
J&K consider that the IWT
discriminates against Kashmiris by
not letting them tap the potential of
the Indus and its tributaries in terms
of using the waters for agriculture,
transport and energy.
Ü
the people of Northern Areas in
Pakistan-Occupied Kashmir (PoK)
also consider the IWT against their
interests. The controversy over the
construction of Diamer-Basha dam
highlights the tensions between
Northern Areas and Islamabad on
sharing the Indus waters.
ÜPoK has a serious problem with the
rest of Pakistan on the Mangala dam.
Muzaffarabad feels exploited by the
rest of Islamabad over the dam and
the construction in Mirpur has
dislocated the entire city, with the
benefit going to the rest of Pakistan.
Islamabad is too sensitive about any
water-related issues involving PoK
and the Northern Areas.
Vol. 4, Issue 9
28
It is imperative, that India,
Pakistan and their sub-regions
work together to address the
growing concerns and avoid any
future conflict over the sharing of
waters. IWT has an inbuilt
provision to rework its sections.
India, Pakistan and their local
governments, at track-I level,
should work together towards
creating Indus Water Treaty-II,
addressing the issues mentioned
above. IWT-II could very well be a
conflict prevention measure
relating to water issues along the
Indus river basin.
At the track-II level, India and
Pakistan should allow the Indus
Basin Communities – from
Himachal to Sindh, including
Kashmiris (across the LoC), Punjabi
(across the international border),
Pashtuns, Balochis and Sindhis to
interact at a regular level to
understand each other's
requirements, fears and threat
perceptions. India and Pakistan
will not be able to achieve much,
unless, there is a community
feeling among those who share the
Indus. Each community should see
the other as co-habitant and co-
dependent on the Indus waters,
instead of someone who steals and
loot the water.
Between track-I and track-II
levels, there should be serious
cooperation, especially on
scientific and technical issues
relating to climate change,
especially in terms of its
implications to the Himalayan belt
and the Indus basin.
(Sections of the above essay,
have been published by the IPCS, in
its website)
Epilogue, September 2010
29
“Indus Water Treaty between India
and Pakistan has been one of the triumphs
of the UN system: BG Vergheese”
BG Vergheese, leading water expert of the region, speaks to Pia Malhotra, in an
exclusive interview for the September 2010 Special issue of EPILOGUE
PM: What are the emerging
water issues between India
and Pakistan?
Vergheese: There are three
factors to the water issues between
India and Pakistan. First is the easy
option for exploitation that is building
dams like Mangla, Tarbela etc. and
these have been exploited. Second
factor is the growing water stress in
India and Pakistan because of growing
demand of water, wasteful use of water
and inter provincial quarrels in the
countries.
Third factor is climate change.
There are changes in the hydrological
cycle and these changes are evident
not only in the Himalayan glaciers
melting, but also in the changes in
Tibet. Tibet is the source of water for
both India and Pakistan and increasing
Chinese presence, whether in the form
of industrialization or increased
grazing, is having adverse effects on
the region.
The Indus Water Treaty between
the countries has been one of the
triumphs of the UN system. It has
governed relations successfully
between India and Pakistan for many
years now. Pakistan has started
complaining about India's hydroelectric
projects but according to the treaty
India is allowed 3.6 MAF of storage on
www.epilogue.in
in focus
50 Years Of Indus Water Treaty
the Western Rivers, which India has not
even utilized so far.
PM: Why is Jammu and
Kashmir against the IWT?
Verghese: Jammu and
Kashmir in India complains that this
treaty has been unfair to them because
they could have got more storage then
the current amount given to them but
there needs to be a realization that
right now the storage in India is nil. If
the storage capability has not been
utilized at all so far, there is no point in
claiming for more. Similarly, according
to the IWT, 1.3 million acres of land can
be irrigated from the waters of the
other side but Jammu and Kashmir has
only used a fraction of it, so far.
PM: Why do India and The Indus Water Treaty between the
Pakistan quarrel over the countries has been one of the
triumphs of the UN system. It has
Western Rivers, given to
Pakistan, under the IWT? governed relations successfully
Verghese: On the Pakistani between India and Pakistan for many
side, the problem has been the inability years now. Pakistan has started
of the state to utilize optimally, the
complaining about India's
water given to them from the western
Rivers. Pakistan's problem mainly arises
hydroelectric projects but according
in the lean season when the flow of to the treaty India is allowed 3.6 MAF
water drops. To fight this problem, of storage on the Western Rivers,
Pakistan must store water in the which India has not even utilized so
Monsoon season but that has not been far.
Vol. 4, Issue 9 Epilogue, September 2010
in focus
50 Years Of Indus Water Treaty
In future collaboration, China would
have to be included as well. It is not
only the Himalayas and the
Karakoram that are melting but also
the Tibetan plateau. The changes in
the Tibetan plateau are being caused,
to an extent, by China. China has
increased yak grazing in Tibet and
that has caused a loss in the top
cover. In turn, this has resulted in
changing the soil and temperature
and has indirectly led to the melting
of the permafrost in the Tibetan
plateau.
done. Storage dams like Kalabagh have
been embroiled in a dispute between
the provinces for a long time now.
Pakistan also lacks enough storage sites.
They have the Diamer Basha and Mangla
dams and the Neelum Jhelum dam has
been proposed and leaving these, it has
no more storage sites. On the Chenab,
they have no site for storage. The
headwaters are in India and by the time
the water reaches Pakistan, it is in the
plains and then it cannot be stored.
On the Indian side, there is some
storage capability on the Western rivers
that has been permitted by the IWT, but
due to conflicts with Pakistan, it has
never been realized. Pakistan also
objects to any Project by India. The
eastern Rivers have been completely
given to India but even from these
Rivers, water flows to Pakistan which is
not utilized by them.
PM: IWT has some provisions
for cooperation between
India and Pakistan. What are
the areas of potential
cooperation?
Verghese: Article VII of the
www.epilogue.in
IWT provides for future cooperation
between the countries. India and
Pakistan need to cooperate because, for
instance, on the Western rivers,
Pakistan can't make any storage dams
and India can't either because of
Pakistan's intransigence. Hence, they
both lose opportunity for water
management. By cooperating, they can
envisage joint projects which would be
beneficial for both of them.
In future collaboration, China
would have to be included as well. It is
not only the Himalayas and the
Karakoram that are melting but also the
Tibetan plateau. The changes in the
Tibetan plateau are being caused, to an
extent, by China. China has increased
yak grazing in Tibet and that has caused
a loss in the top cover. In turn, this has
resulted in changing the soil and
temperature and has indirectly led to
the melting of the permafrost in the
Tibetan plateau. The permafrost
affects the entire Indus River basin and
therefore cooperation with China has to
be included in any water talks.
PM: What can India do to
mitigate water disputes with
Pakistan?
Verghese: The IWT has been
functioning smoothly and India should
not abrogate it. Instead, efforts must be
made to build on it. Attempts should be
made towards joint structures, joint
management of water with Pakistan and
making borders irrelevant through
cooperation on water.
On the Chenab, since India has
storage capability, it can store water
and then give to Pakistan for a price.
The countries can split the costs of the
construction. The countries can also
have joint hydrological stations.
In Kathmandu, Nepal, there is an
Vol. 4, Issue 9
30
institute called ICIMOD, the
International Centre for Integrated
Mountain Development, and they work
on preserving the various river water
basins in the South Asian region and also
on climatic changes. They work with
many countries in the region and
globally on these issues. India has never
cooperated with them which is not very
helpful.
Similarly, Siachen can be declared
as a peace park and established as a
global centre for glaciological and
water balance studies. The problem is
not with the IWT but with the countries.
India and Pakistan can start sharing
information in a credible manner. Joint
cooperation between the countries is
imperative, instead of constantly
putting the blame on the IWT and using
it as a scapegoat.
Siachen can be declared as a peace
park and established as a global
centre for glaciological and water
balance studies. The problem is not
with the IWT but with the countries.
India and Pakistan can start sharing
information in a credible manner
Epilogue, September 2010
30
Epi-Wiki-Logue
Chronology
(Compiled from Various Sources)
n
ORIGINATING in the Himalayan Mountains in Jammu and
Kashmir and Himachal Pradesh, the Indus System of Rivers is
comprised of three Western Rivers –the Indus, the Jhelum and
the Chenab –and three Eastern Rivers –the Beas, the Ravi and
Sutlej. Flowing through arid states of India and Pakistan,
converging in Pakistan before emptying into Arabian Sea south
of Karachi, the Indus System of Rivers feeds largest irrigated
area of any river systems in the world.
l The history of interstate water conflicts over Indus
System dates back to over a century
l Before 1935, the British India had authority to
resolve water conflicts by executive order
l 1935: Government of India makes water a subject
of provisional jurisdiction unless asked to
intervene by states
l Oct 1939: Province of Sind formally requests
Governor General to review new Punjabi irrigation
project and potential detriment to Sind.
l Sep 1941: Indus Commission established.
l July 1942: Commission submits report suggesting
that withdrawals, by Punjab would cause 'material
injury to inundation canals in Sind, particularly
during the month of September. Incidentally called
for management of the river system as a whole
Report found unacceptable to both sides.
1943-45: Chief Engineers of both states meet
l
informally, finally producing a draft agreement –
provinces refuse to sign. Dispute referred to
secretary of state for India in London early 1947.
l Aug 15: 1947: Independent of states of India and
Pakistan established. Eastern Punjab becomes part
of India, western Punjab and Sind become part of
Pakistan. Conflict becomes international, British
role now irrelevant; Chair of Punjab Boundary
Commission suggests that Punjab water system to
be run as joint venture – declined by both sides.
www.epilogue.in Vol. 4, Issue 9
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50 Years Of Indus Water Treaty
n AN essential source of irrigation, the plentiful Indus
Waters became a source of contention and conflict upon
partition of British India putting the newly formed states at
odds against each other. What added to the troubles was the
geography of partition which was such that the sources of
rivers of the Indus basin were in India.
l Dec 10, 1947: Standstill Agreement negotiated by
chief engineer of west and east Punjab, freezing
allocations at two points until 31 Mar 1948.
n THE dispute over sharing of Indus waters came to fore
immediately after partition because the existing canal
headworks of Upper Bari Doab Canal UBDC and Sutlej Valley
canals fell in India State of East Punjab, while the lands being
irrigated by their waters fell in Pakistan West Punjab and
Bahawalpur State. In order to maintain and run the existing
systems as before partition, two Standstill Agreements were
signed on 20 December 1947 by the Chief Engineers of East
Punjab and West Punjab. These interim arrangements were to
expire on 31 st March 1948, after which East Punjab started
asserting its rights on its waters. It was on 1 April 1948 that the
East Punjab Government in control of the head works at
Madhopur on the Ravi and at Ferozpur on the Sutlej, cut off
water supplies to the canals in Pakistan fed by these head
works, after the Standstill agreements expired on 31 March
1948.
n
PAKISTAN felt its livelihood threatened by the prospect of
Indian control over the tributaries that fed water into the
Pakistani portion of the basin. Where India certainly had its
own ambitions for the profitable development of the basin,
Pakistan felt acutely threatened by a conflict over the main
source of water for its cultivable land.
n
THE Inter-Dominion Accord of Mar 4, 1948 apportioned
the waters of Indus between India and Pakistan in initial years
of partition. The Accord had provided that India releases
sufficient waters to the Pakistani regions of the basin in return
Epilogue, September 2010
in focus
50 Years Of Indus Water Treaty
for annual payments from the government of
Pakistan. The accord was meant to meet immediate
requirements and was followed by negotiations for
a more permanent solution. Neither side, however,
was willing to compromise their respective
positions and negotiations reached a stalemate.
n
FROM the Indian point of view, there was
nothing that Pakistan could do to prevent India from
any of the schemes to divert the flow of water in the
rivers. Pakistan's position was dismal and India could
do whatever it wanted. Pakistan wanted to take the
matter to the International Court of Justice but
India refused, arguing that the conflict required a
bilateral resolution.
l June 16, 1949: Pakistan sends a note to
India expressing displeasure with
agreement. The note calls for a
conference to resolve the 'equitable
apportionment of all common waters,
and suggesting giving the World Court
jurisdiction on the application of either
party. India objects to third party
involvement suggests judges from each
side might narrow dispute first.
Stalemate results through 1950.
www.epilogue.in
32
F A C T S H E E T
The Indus Basin
T he Indus system of rivers comprises of the main river Indus,
Known as the river Sindhu in Sanskrit, and its five Tributaries from
the east, the Jhelum, Chenab, Ravi, Sutlej and the Beas, and three
tributaries from the west, the Kabul, Swat and the Kurram rivers. The
great Indus river is 2880 Kms. long and the length of its tributaries as
mentioned above is 5600 Kms. Historically, India has been named
after this great river-Indus. The main Indus river rises in the Kailas
range in southwestern Tibet. In Ladakh, it is joined by its first
tributary, the Zanskar river and continuing for about 150 miles the Indus
is joined by the Shyok river. Then Shigar, Gilgit and other streams join
the river. The Shigar joins the Indus near Skardu in Baltistan. The Gilgit
stream joins it farther down at Bunji. Some miles further downstream,
the Astor river joins the Indus, which then crosses the Kashmir territory
and enters Pakistan. The Kabul river which is joined by the waters of
Swat in Peshawar valley, joins the Indus just above Attock. The Indus
then receives from the east, the river of Punjab - the Jhelum, the
Chenab, the Ravi and the Sutlej. The river Jhelum originates in Verinag
in the valley of Kashmir and after flowing through Jammu province
enters Pakistan. The Chenab river rises in Lahoul in Himachal Predesh
State of India and after flowing through Jammu province enters
Pakistan. The Ravi river rises near Kulu in Himachal Pradesh and flowing
thorugh Punjab before entering Pakistan. River Beas rises in Himachal
Pradesh and flows wholly within India. After receiving the waters of the
Punjab rivers, "the Indus becomes much larger and during July-
September, it is several miles wide". According to a study made in
Pakistan, the Indus river carries about 144 billion cubic yards, which is
more is more than half of the total supply of water in the Indus River
system." Whereas the Jhelum and Chenab combined carry roughly one-
fourth, the Ravi, Beas and the Sutlej combined constitute the remainder
of the total supply of the system that is nearly one-fourth.
Though the Indus basin is known to have practised irrigation
since ancient times, it were the British who developed and elaborate
network of canals in the Indus system of rivers. However, their
emphasis was that lands belonging to the Crown received such
irrigation so that the British Indian government would earn revenue
from water cess as well as from the sale of crown waste lands. In this
manner, the Indus system water were used to irrigate annually about
23.4 million acres in the Indus plains and 2.6 million acres above the
rim stations before partition.
Vol. 4, Issue 9 Epilogue, September 2010
33
n INDUS water sharing appeared to be a major crisis
between India and Pakistan in early 1950s. By 1951, the two
sides were no longer meeting and the situation seemed
intractable. The Pakistani press was calling for more drastic
action and the deadlock contributed to hostility with India. As
one anonymous Indian official said at the time, "India and
Pakistan can go on shouting on Kashmir for all time to come,
but an early settlement on the Indus waters is essential for
maintenance of peace in the sub-continent" (Gulati 16).
Despite the unwillingness to compromise, both nations were
anxious to find a solution, fully aware that the Indus conflict
could lead to overt hostilities if unresolved.
n
IT was in the early years of 1950s that David Lilienthal,
formerly the chairman of the Tennessee Valley Authority and of
the U.S. Atomic Energy Commission, visited the region to write
a series of articles for Colliers magazine. Lilienthal had a keen
interest in the subcontinent and was welcomed by the highest
levels of both Indian and Pakistani governments. Although his
visit was sponsored by Colliers, Lilienthal was briefed by State
Department and executive branch officials, who hoped he
could help bridge the gap between India and the United States
and also gauge hostilities on the subcontinent. During the
course of his visit, it became clear to Lilienthal that tensions
between India and Pakistan were acute, but also unable to be
erased with one sweeping gesture.
l 1951: David Lillenthal, former chairman of the
Tennessee Valley Authority, invited to India as
Prime Minister Nehru's guest He later publishes
an article with his suggestions, which captures
the attention of Eugene Black, president of the
World Bank.
n LILIENTHAL wrote in his Journal: "India and Pakistan were
on the verge of war over Kashmir. There seemed to be no
possibility of negotiating this issue until tensions abated. One
way to reduce hostility . . . would be to concentrate on other
important issues where cooperation was possible. Progress in
these areas would promote a sense of community between the
two nations which might, in time, lead to a Kashmir
settlement. Accordingly, I proposed that India and Pakistan
work out a program jointly to develop and jointly to operate
the Indus Basin river system, upon which both nations were
dependent for irrigation water. With new dams and irrigation
canals, the Indus and its tributaries could be made to yield the
additional water each country needed for increased food
production. In the article I had suggested that the World Bank
might use its good offices to bring the parties to agreement,
and help in the financing of an Indus Development program.
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50 Years Of Indus Water Treaty
n LILIENTHAL'S idea was well received by officials at the
World Bank, and, subsequently, by the Indian and Pakistani
governments. Eugene R. Black, then president of the World
Bank told Lilienthal that his proposal "makes good sense all
round". Black wrote that the Bank was interested in the
economic progress of the two countries and had been
concerned that the Indus dispute could only be a serious
handicap to this development. India's previous objections to
third party arbitration were remedied by the Bank's insistence
that it would not adjudicate the conflict, but, instead, work as
a conduit for agreement.
n BLACK also made a distinction between the "functional"
and "political" aspects of the Indus dispute. In his
correspondence with Indian and Pakistan leaders, Black
asserted that the Indus dispute could most realistically be
solved if the functional aspects of disagreement were
negotiated apart from political considerations. He envisioned
a group that tackled the question of how best to utilize the
waters of the Indus Basin - leaving aside questions of historic
rights or allocations.
n
BLACK proposed a Working Party made up of Indian,
Pakistani and World Bank engineers. The World Bank
delegation would act as a consultative group, charged with
offering suggestions and speeding dialogue. In his opening
statement to the Working Party, Black spoke of why he was
optimistic about the group's success:
n
ONE aspect of Mr. Lilienthal's proposal appealed to me
from the first. I mean his insistence that the Indus problem is
an engineering problem and should be dealt with by engineers.
One of the strengths of the engineering profession is that, all
over the world, engineers speak the same language and
approach problems with common standards of judgment.
Black's hopes for a quick resolution to the Indus dispute were
premature. While the Bank had expected that the two sides
would come to an agreement on the allocation of waters,
neither India nor Pakistan seemed willing to compromise their
positions. While Pakistan insisted on its historical right to
waters of all the Indus tributaries, and that half of West Punjab
was under threat of desertification the Indian side argued that
the previous distribution of waters should not set future
allocation. Instead, the Indian side set up a new basis of
distribution, with the waters of the Western tributaries going
to Pakistan and the Eastern tributaries to India. The
substantive technical discussions that Black had hoped for
were stymied by the political considerations he had expected
to avoid.
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50 Years Of Indus Water Treaty
Aug
l 1951: Black invites both Prime
Ministers to meeting in Washington Both
accept, agree on outline of essential
principles.
Jan-Feb 1952: Meetings continue, Black
l
finds 'common understanding,' atleast
that neither side will diminish supplies
for existing uses.
May 1952: First meeting of working party
l
in Washington of engineers from India,
Pa k i s t a n , a n d B a n k e n g i n e e r s .
Agreement to determine future supply
and demand; calculate available and
desired data; prepare cost estimates and
construction schedule 01 necessary
infrastructure.
Nov 1952 and Jan 1953: Meetings
l
continue in Karachi and Delhi without
agreement. Bank suggests each side
submit its own plan
Oct 6, 1953: Plans submitted with
l into Pakistan. Second, it would adversely affect Pakistan's agriculture.
proposed allocations and sources for
each state. Agreement on available
supplies, not on allocations.
www.epilogue.in
34
F A C T S H E E T
Tulbul Navigation Project/
Wullar Barrage
T he Tulbul Navigation Project which is known as Wullar barrage in
Pakistan was planned by India at the mouth of the Wullar lake in
Jammu and Kashmir. The project was conceived in 1980 and work
began in 1984. The project envisages regulated water release from
the natural storage in the lake to maintain a minimum draught of 4.5
feet in the River upto Baramulla, during the lean winter months. This
is to ensure year round navigation from Anantnag to Srinagar and
Baramullah, a distance of over 20km.
Perspectives: India and Pakistan
There has been an ongoing dispute between India and Pakistan
since 1987 with Pakistan stating that the project violates the Indus
Water Treaty. Pakistan raised four objections to the Project. First, it
would reduce the flow of water into the River Jhelum, which flows
Third, after the barrage is constructed, India would be able to control
the flow of water into the Jhelum, giving India the ability to create
drought and flood situation in Pakistan. Lastly, Pakistan stated that
the project would affect its own triple-canal project linking Jhelum
and Chenab with the Upper Bari Doab Canal.
India states that the Project is designed to be a control structure,
aimed at improving navigation in the Jhelum during winter to enhance
connectivity between Srinagar and Baramullah. It would help in
transporting fruits and timber. India also states that instead of
reducing the flow of waters to Pakistan, it would regulate the water
flow to the Mangla Dam and help in controlling floods. It would also
increase Pakistan's capacity for power generation at Mangla. India
states that the suspension of the project is only harming people in
Jammu and Kashmir and also in Pakistan of irrigation and power
benefits from the regulated release of water.
The Way Ahead
No progress has been made so far on the Project and it has come
to a standstill. Pakistan had brought the case to the Indus Water
Commission in 1986 but was unsuccessful in proving its case. India
then went ahead with the construction of the project. Since then,
more than ten rounds of talks have been held on the issue, but not
much progress has been made on the issue. Both the parties had
decided to take the issue further in future talks but the banner water
issue between India and Pakistan currently is the Kishenganga
Hydroelectric Power Project.
PIA MALHOTRA
Vol. 4, Issue 9 Epilogue, September 2010
35 in focus
50 Years Of Indus Water Treaty

n
THE World Bank soon became frustrated with this lack of n IN December 1954, the two sides returned to the
progress. What had originally been envisioned as a technical negotiating table. The World Bank proposal was transformed
dispute that would quickly untangle itself became an from a basis of settlement to a basis for negotiation and the
intractable mess. India and Pakistan were unable to agree on talks continued, stop and go, for the next six years.
the technical aspects of allocation, let alone the n ONE of the last stumbling blocks to an agreement
implementation of any agreed upon distribution of waters. concerned financing for the construction of canals and storage
Finally, in 1954, after nearly two years of negotiation, the facilities that would transfer water from the eastern Indian
World bank offered its own proposal, stepping beyond the rivers to Pakistan. This transfer was necessary to make up for
limited role it had apportioned for itself and forcing the two the water Pakistan was giving up by ceding its rights to the
sides to consider concrete plans for the future of the basin. eastern tributaries. The World Bank initially planned for India
The proposal offered India the three eastern tributaries of the to pay for these works, but India refused. The Bank responded
basin and Pakistan the three western tributaries. Canals and with a plan for external financing supplied mainly by the
storage dams were to be constructed to divert waters from the United States and the United Kingdom. This solution cleared
western rivers and replace the eastern river supply lost by the remaining stumbling blocks to agreement and the Treaty
Pakistan. was signed by the Prime Ministers of both countries in
n WHILE the Indian side was amenable to the World Bank September 1960.
proposal, Pakistan found it unacceptable. The World Bank l May 1959: Black visits India and Pakistan. Suggests
allocated the eastern rivers to India and the western rivers to that India's share be a fixed cost, rather than by
Pakistan. This new distribution did not account for the facility, and that the Bank would arrange for
historical usage of the Indus basin,or the fact that West additional financing. India agrees, and accepts a
10-year transition period.
Punjab's Eastern districts could turn into desert, and
repudiated Pakistan's negotiating position. Where India had l Sep 1960: Bank arranges an international Indus
stood for a new system of allocation, Pakistan felt that its Basin Development Fund Agreement, Raises
share of waters should be based on pre-partition distribution. $893.5 million.
The World Bank proposal was more in line with the Indian plan l Sep 19, 1960: Indus Water Treaty signed in Karachi.
and this angered the Pakistani delegation. They threatened to Provisions calls for an Indian engineer to constitute
withdraw from the Working Party and negotiations verged on the permanent Indus Commission, which will meet
collapse. at least once a year to establish and promote
cooperative arrangement.
n BUT neither side could afford the dissolution of talks. The
Pakistani press met rumors of and end to negotiation with talk
of increased hostilities; the government was ill-prepared to
forego talks for a violent conflict with India and was forced to
reconsider its position. India was also eager to settle the Indus
issue; large development projects were put on hold by
negotiations and Indian leaders were eager to divert water for
irrigation.
l Feb 5, 1954: Bank puts forth own proposal,
essentially suggesting dividing the western
tributaries to Pakistan, and the eastern tributaries
of India. The proposal also provided for continued
deliveries to Pakistan during transition period.
l Mar 25, 1954: India accepts proposal. Pakistan is
less enthusiastic it would have of replace existing
facilities.
l July 28, 1954: Pakistan delivers a qualified
acceptance of proposal

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in focus
50 Years Of Indus Water Treaty
n T HE treaty gives India
exclusive use of all of the waters
of the Eastern Rivers and their
tributaries before the point
where the rivers enter Pakistan.
Similarly, Pakistan has exclusive
use of the Western Rivers.
Pakistan also received one-time
financial compensation for the
loss of water from the Eastern
rivers. The countries agreed to
exchange data and co-operate in
matters related to the treaty. For
this purpose, treaty created the
Permanent Indus Commission,
with a commissioner appointed
by each country.
n THE agreement set up a
commission to adjudicate any
future disputes arising over the
allocation of waters. The
Permanent Indus Commission has
survived two wars and provides
an on-going mechanism for
consultation and conflict
resolution through inspection,
exchange of data, and visits. The
Commission is required to meet
regularly to discuss potential
disputes as well as cooperative
arrangements for the
development of the basin. Either
party must notify the other of
plans to construct any
engineering works which would
affect the other party and to
provide data about such works. In
cases of disagreement, a neutral
expert is called in for mediation
and arbitration. While neither
side has initiated projects that
could cause the kind of conflict
that the Commission was created
to resolve, the annual
inspections and exchange of data
continue, unperturbed by
tensions on the subcontinent.
The Indus Waters Treaty is the
www.epilogue.in
36
F A C T S H E E T
Kishenganga Hydroelectric
Power Project
K ishenganaga is a tributary of the Jhelum, which was given to Pak, under the Indus
Water Treaty. The issue that is fast becoming potential Baglihar-II is India's planned
project on the river Ganga, the 330MW Kishenganga hydroelectric project. The project
plans to dam the Kishenganga in the Gurez Valley creating a large reservoir from which a
channel and a 27km tunnel dug south through the North Kashmir mountain range, will
re-direct the Kishenganga waters to the Wular Lake at Bandipur, where a hydro-electric
project will be built at the Wular barrage.
Perspectives: India and Pakistan
Pakistan has three major objections to the Project. First, the diversion of the river
Ganga in India, called Neelum in Pakistan is not allowed under the Indus Water Treaty
(IWT) and hence would mean violating the principles of the Treaty by India. Second, it
will cause a 27 per cent water deficit in Pakistan when the project gets completed.
Third, it will obstruct Pakistan's own plans for constructing a hydroelectric project on
the river Neelum; the proposed Neelum-Jhelum power project.
As far as the first issue of diversion is concerned, India maintains that although the
IWT prohibits India from obstructing flows of water in Pakistan's rivers, it still allows the
upper riparian to construct projects that do not disrupt or reduce waters to the lower
riparian However, Pakistan responds that even the initial filling of the dam would
reduce the flow of water to Pakistan.
With regards to the second claim of the reduction in water in Pakistan by 27 per
cent, India maintains that this reduction is largely due to climatic changes. Water
availability in Pakistan might have reduced dramatically but that is also a
consequence of mismanagement of water and tardiness in water conservation.
Regarding Pakistan's third grievance about Kishenganga interfering with its own
proposed Project, India again refers to the IWT. The IWT specifies that the country
that completes a project on a shared river first, has the rights of use to that river. India
claims that it started the Project before Pakistan and also intimated Pakistan about
the same. The Kishenganga Project was started by India in the 1980s, and at that time
there was no use of the waters by Pakistan.
The Way Ahead
The Water and Power Ministry along with the Indus Water Commission in Pakistan
have served a legal notice to India, to bring the Kishenganga issue before the WB's court
of arbitration, a mechanism that has never been used before. . India and Pakistan have
nominated their experts. Both countries have agreed that the Chairman would be
nominated by the UN Secretary General. India tried to persuade Pakistan to settle the
case outside the Court of Arbitration as it is a very long drawn out process and is also
considerably expensive. It would also stall India's Project and negatively impact its
energy needs.
This issue interestingly, might not end up being Baglihar-II because this time
Pakistan also has a stake in this Project. If it remains embroiled in a dispute, it would
affect its own Neelum-Jhelum Project which it is hugely depending on, for its water
starved nation.
PIA MALHOTRA
Vol. 4, Issue 9 Epilogue, September 2010
37
longest agreement that has been
faithfully implemented and upheld
by both India and Pakistan.
n
The Indus Waters Treaty is the
only agreement that has been
faithfully implemented and upheld
by both India and Pakistan.
Although its negotiation was often
arduous and frustrating for the
World Bank and for the Indian and
Pakistani delegations, the final
outcome was amenable to all
parties. While the World Bank may
have underestimated the political
impediments to technical debate
and agreement, Eugene Black's
desire to "treat water development
as a common project that is
functional, and not political, in
nature . . . undertaken separately
from the political issues with which
India and Pakistan are confronted"
suggests possibilities for future
a re a s of I n d o- Pa k i sta n i
cooperation.
n
Although, it is doubtful
whether "functional" areas of
cooperation are ever devoid of
political considerations - the will to
agree, the will to accept ideas put
forward by outside mediators, the
will to change positions - these
considerations might be met when
cooperation is vital. The Indus
waters are the life blood of
Pakistan and much of western
India; functional cooperation was
necessary for both sides to survive
and prosper. The example of the
Indus Waters Treaty suggests that
cooperation between India and
Pakistan is possible in cases where
the benefits of agreement are
plentiful and pressing,
overwhelming the political hedging
that prevents other forms of
reconciliation.
www.epilogue.in
in focus
50 Years Of Indus Water Treaty
F A C T S H E E T
Baglihar Hydroelectric Power
Project
B aglihar Hydroelectric Power Project is a 450MW run-of-the-river
power project on the Chenab River, in the Doda district in Jammu
and Kashmir. The project was completed in 2008, although it was
originally conceived in 1992. The construction of the Project began in
1999 and since then Pakistan has disputed this Indian Project.
Perspectives: India and Pakistan
Pakistan accused India of violating the Indus Water Treaty (IWT).
The IWT gave Pakistan the western Rivers, Chenab, Indus and Jhelum
and India, the eastern Rivers of Sutlej, Beas and Ravi. The treaty,
however, contained provisions for India to construct run-of-the-river
projects on the western Rivers with limited reservoir capacity and
flow control required for power generation. Baglihar was constructed,
availing this provision but Pakistan objected to it. Pakistan raised
three objections. First, the design parameters provided India with
leverage to accelerate, decelerate or block the flow of water to
Pakistan, thus giving India strategic leeway in times of war. Second,
Pakistan objected to the initial filling of the dam by India as it claimed
that the diversion of the Chenab reduced the flow of water to Pakistan
which affected its crop yield massively. According to the IWT, the one-
time filling of a newly constructed reservoir such as Baglihar is allowed
at a specific time (21 June-31August) when the monsoon is at its peak.
As against India's claims of filling the dam between 21 June and 31
August, Pakistan claims, the filling continued till 5 September. Third,
Pakistan objected to the height and gated spillways of the Project.
After several rounds of failed talks, Pakistan brought the issue to
the World Bank in 2005. The WB appointed Professor Raymond Lafitte,
a Swiss civil engineer as a neutral expert to resolve the 'difference'
between the two sides. Lafitte declared his verdict in 2007 and he
upheld some minor objections of Pakistan stating that the pondage
capacity and the height of the dam be reduced and the power intake
tunnels be raised by 3 meters to limit the capability to control the flow
of water. He, however, rejected the Pakistani objections of height and
gated control of spillway declaring these conforming to the IWT.
The Way Ahead
Recently, on 1 June 2010, India and Pakistan resolved the issue
relating to the initial filling of the dam with Pakistan deciding to not
raise the matter further. The decision was arrived at the talks of the
Indus Water Commissioners, who regularly meet to discuss water
related issues between the two countries.
(PIA MALHOTRA)
Vol. 4, Issue 9 Epilogue, September 2010
in focus
DOCUMENTS : Full Text of IWT
As used in this Treaty
T he terms of “Article” and “Annex-
ure” mean respectively an Article
of, and an Annexure to, this Treaty
Except as otherwise indicated, refer-
ences to Paragraphs are to the para-
graphs in the Articles or in the Annexure
in which the reference is made.
The term “Tributary” of a river
means any surface channel, whether in
continuous or intermittent flow and by
whatever name called, whose waters in
the natural course would fall into that
rive,r e.e.g a tributary, a torrent, a natu-
ral drainage, an artificial drainage, a
nadi, nallah, a nai, khad, a cho. The
term also includes any sub tributary or
branch or subsidiary channel, by what-
ever name called, whose waters, in the
natural course, would directly or other-
wise flow into that surface channel.
The term “The Indus”, “The
Jhelum”, “The Chenab”, “The Ravi”,
The Beas” or “The Sutlej” means the
names river (including connecting
lakes, if any) and all its Tributaries :
Provided however that
Ø None of the rivers names above
shall be deemed to be a Tributary;
Ø The Chenab shall be deemed to
include the river Panjnad; and
Ø The river Chandra and the river
Bhaga shall be deemed to be
Tributaries of the Chenab.
The term “Main” added after
Indus, Jhelum, Chenab, Sutlej, Beas or
Ravi means the main stem of the names
river excluding its Tributaries, but
including all channels and creeks of the
main stem of that river and such con-
necting lakes as form part of the main
stem itself. The Jhelum Main shall be
deemed to extend up to Verinag, and
the Chenab Main up to the confluence of
the river Chandra and the river Bhaga.
www.epilogue.in
ARTICLE I
The term “Eastern Rivers' means
the Sutlej, The Beas and the Ravi taken
together.
The term “Western Rivers” means
the Indus, The Jhelum and The Chenab
taken together.
The term “The Rivers” means all the
rivers, The Sutlej, The Beas, The Ravi,
The Indus, The Jhelum and The Chenab.
The term “Connecting Lakes”
means any lake which receives water
from, or yields water to, any of the
Rivers; but any lake which occasionally
and irregularly receives only the spill of
any of the Rivers and returns only whole
or part of that spill is not a Connecting
Lake.
The term “Agricultural Use” means
the use of water for irrigation, except
for irrigation of household gardens and
public recreational gardens.
The term “Domestic Use” means
the use of water for :
Ø Drinking, Washing, Bathing,
Recreation, sanitation (including
the conveyance and dilution of sew-
age and of industrial and other
wastes), stock and poultry and
other like purposes;
Ø Household and Municipal purposes
(including use for household gar-
dens and public recreational gar-
dens);
Ø Industrial purposes (including min-
ing, milling and other like pur-
poses);
But the term does not include
Agricultural use or use of the generation
of hydro-electric power.
The term “Non-Consumptive Use”
means any control or use of water for
navigation, floating of timber or other
property, flood protection or flood con-
trol, fishing or fish culture, wild life or
Vol. 4, Issue 9
38
other like beneficial purposes, provided
that, exclusive of seepage and evapora-
tion of water incidental to the control or
use, the water (undiminished in volume
within the practical range of measure-
ment) remains in, or is returned to the
same river or its Tributaries; but the
term does not include Agricultural Use
of use for the generation of hydro-
electric power.
The term “Transition Period”
means the period beginning and ending
as provided in Article II (6)
The term “Bank” means the
International Bank for Reconstruction
and Development.
The term “Commissioner” means
either of the Commissioners appointed
under the provisions of Article VIII (I)
and the term “Commission” means the
Permanent Indus Commission consti-
tuted in accordance with Article VIII(3)
The term “interference with the
water” means :
Ø Any act of withdrawal therefrom;
or
Ø Any man-made obstruction to their
flow which causes a change in the
volume (within the practical range
of measurement) of the daily flow
of the water; Provided however
that an obstruction which involves
only an insignificant and incidental
change in the volume of the daily
flow, for example, fluctuations due
to afflux caused by bridge piers or a
temporary by-pass, etc. shall not be
deemed to be an interference with
the waters.
The term “Effective Date” means
the date on which this Treaty takes
effect in accordance with the provi-
sions of Article XII, that is, the first of
April 1960.
Epilogue, September 2010
39 in focus
DOCUMENTS : Full Text of IWT

ARTICLE II
Provisions Regarding Eastern Rivers
A ll the waters of the Eastern Rivers shall be available for the
unrestricted use of India, except as otherwise expressly pro-
vided in this Article.
Except for Domestic Use and Non-Consumptive Use, Pakistan
shall be under an obligation to let flow, and shall not permit any
interference with, the waters of the Sutlej Main and the Ravi Main
in the reaches where these rivers flow in Pakistan and have not yet
finally crossed into Pakistan. The points of final crossing are the fol-
lowing : (a) near the new Hasta Bund upstream of Sleimanke in the
case of Sutlej Main and (b) about one and a half miles upstream of
the siphon for the B-R-B-D Link in the case of the Ravi Main.
Except for Domestic Use, Non-Consumptive Use and
Agricultural Use (as specified in Annexure B), Pakistan shall be
under an obligation to let flow, and shall not permit any interfer-
ence with, the waters (While flowing in Pakistan) of any
Tributary which in its natural course joins the Sutlej Main or the
Ravi Main before these rivers have finally crossed into Pakistan.
All the waters, while flowing in Pakistan, of any Tributary
which, in its natural course, joins the Sutlej Main or the Ravi Main
after these rives have finally crossed into Pakistan shall be avail-
able for the unrestricted use of Pakistan; Provided however that
this provision shall not be construed as giving Pakistan any claim
or right to any releases by India in any such Tributary. If Pakistan
should deliver any of the waters of any such Tributary, which on
the Effective Date joins the Ravi Main after this river has finally
crossed into Pakistan, into a reach of the Ravi Main upstream of
this crossing, India shall not make use of these waters; each Party
agrees to establish such discharge observation stations and
make such observations as may be necessary for the determi-
nation of the component of water available for the use of
Pakistan on account of the aforesaid delivers by Pakistan, and
Pakistan agrees to meet the cost of establishing the aforesaid
discharge observation stations and making the aforesaid
observations.
There shall be a Transition Period during which, to the
extent specified in Annexure H, India shall
Ø Limit its withdrawals for Agricultural Use,
Ø Limit abstractions for storages, and
Ø Make deliveries to Pakistan from the Eastern Rivers.
The Transition Period shall begin on Ist April 1960 and it shall
end on 31st March 1970, or, if extended under the provisions of
Part 8 of Annexure H, on the date up to which it has been
extended. In any event, whether or not the replacement
referred to in Article IV (1) has been accomplished, the Transition
Period shall end not later than 31st March 1973.
If the Transition Period is extended beyond 31st March 1970,
the provisions of Article V(5) shall apply.
If the Transition Period is extended beyond 31st March 1970,
the provisions of paragraph (5) shall apply during the period of
extension beyond 31st March 1970.
During the Transition Period, Pakistan shall receive for unre-
stricted use the waters of the Eastern Rivers which are to be
released by India in accordance with the provisions of Annexure
H. After the end of the Transition Period, Pakistan shall have no
claim or right to releases by India of any of the waters of the
Eastern Rivers. In case there are any releases, Pakistan shall
enjoy the unrestricted use of the waters so released after they
have finally crossed into Pakistan; Provided that in the event that
Pakistan makes any use of these waters, Pakistan shall not
acquire any right whatsoever, by prescription or otherwise, to a
continuance of such releases or such use.

Provisions Regarding Western Rivers
P akistan shall receive for unrestricted
use all those waters of the Western
Rivers which India is under obligation to
let flow under the Provisions of
Paragraph (2)
India shall be under an obligation to
let flow all the waters of the Western
Rivers, and shall not permit any interfer-
ence with these waters, except for the
following uses, restricted (except as
provided in item (c)(ii) of Paragraph 5 of
Annexure (C) in the case of each of the
ARTICLE III
rivers, the Indus, the Jhelum and the
Chenab to the drainage basin thereof';
Ø Domestic use;
Ø Non-Consumptive use;
Ø Agricultural Use, as set out in
Annexure C; and
Ø Generation of hydro-electric power,
as set out in Annexure D.
Pakistan shall have the unrestricted
use of all waters originating from sources
other than the Eastern Rivers which are
delivered by Pakistan into the Ravi or
The Sutlej, and India shall not make use
of these waters. Each Party agrees to
establish such discharge observation
stations and make such observations as
may be considered necessary by the
Commission for the determination of
the component of water available for
the use of Pakistan on account of the
aforesaid deliveries by Pakistan. Except
as provided in Annexures D and E, India
shall not store any water of, or construct
any storage works on the Western Rivers.

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in focus
DOCUMENTS : Full Text of IWT
Provisions Regarding
Eastern Rivers & Western Rivers
P akistan shall use its best endeavours
to construct and bring into operation,
with due regard to expedition any econ-
omy, that part of a system of works which
will accomplish the replacement, from
the Western Rivers and other sources, of
water supplies for irrigation canals in
Pakistan which, on 15th August 1947, were
dependent on water supplies from the
Eastern Rivers.
Each Party agrees that any Non-
Consumptive Use made by it shall be so
made as not to material change, on
account of such use, the flow in any chan-
nel to the prejudice of the uses on that
channel by the other Party under the pro-
visions of this Treaty. In executing any
scheme of flood or flood control each
party will avoid, as far as practicable,
any material damage to the other Party,
and any such scheme carried out by
India on the Western Rivers shall not
involve any sue of water or any storage
in addition to that provided under
Article III.
Nothing in this Treaty shall be con-
strued as having the effect of preventing
either Party from undertaking schemes of
drainage, river training, conservation of
soil against erosion and dredging, or from
removal of stones, gravel or sand from
the beds of the Rivers; Provided that
Ø In executing any of the schemes men-
tioned above, each party will avoid,
as far as practicable, any material
damage to the other Party;
Ø Any such scheme carried out India on
the Western Rivers shall not involve
any use of water or any storage in
addition to that provided under
Article III;
Ø Except as provided in Paragraph(5)
and Article VII(1)(b), India shall not
take any action to increase the
www.epilogue.in
ARTICLE IV
catchments area, beyond the area
on the Effective Date, of any natural
or artificial drainage or drain which
crosses into Pakistan, and shall not
under take such construction or
remodeling of any drainage or drain
which so crosses or falls into a
drainage or drain which so crosses
as might cause material damage in
Pakistan or entrail the construction
of a new drain or enlargement of an
existing drainage or drain in
Pakistan; and
Ø Should Pakistan desire to increase
the catchment area, beyond the
area on the Effective Date, of any
natural or artificial drainage or
drain, which receives drainage
waters from India or, except in an
emergency, to pour any waters into
it in excess of the quantities
received by it as on the Effective
Date, Pakistan shall, before under-
taking any work for these purposes,
increase the capacity of that drain-
age or drain to the extent necessary
so as ot to impair its efficacy for
dealing with drainage waters
received from India as on the
Effective Date.
Pakistan shall maintain in good
order its portions of the drainages men-
tioned below with capacities not less
than the capacities as on the Effective
Date ;
i) Hudira Drain
j) Kasur Nala
k) Salimshah Drain
l) Fazilka Drain
If India finds it necessary that any of
the drainages mentioned in Paragraph (4)
should be deepened or widened in
Pakistan, Pakistan agrees to undertake to
do so as a work of public interest, pro-
Vol. 4, Issue 9
40
vided India agrees to pay the cost of the
depending or widening.
Each party will use its best
endeavours to maintain the natural chan-
nels of the Rivers, as on the Effective
Date, in such condition as will avoid, as
far as practicable, any obstruction to the
flow in these channels likely to cause
material damage to the other party.
Neither party will take any action
which would have the effect of diverting
the Ravi Main between Madhopur and
Lahore, or the Sutlej Main between
Harike and Suleimanke, from its natural
channel between high banks.
The use of the natural channels of
the Rivers for the discharge of flood or
other excess waters shall be free and not
subject to limitation by either party, and
neither party shall have any claim against
the other in respect of any damage
caused by such use. Each party agrees to
communicate to the other party, as far in
advance as practicable, any informa-
tion it may have in regard to such flood
flows as may affect the other party.
Each party declares its intention to
operate its storage dams, barrages and
irrigation canals in such manner, constit-
uent with the normal operations of its
hydraulic systems, as to avoid, as far as
feasible, material damage to the other
party.
Each party declares it intention to
prevent, as far as practicable, undue pol-
lution of the waters of the Rivers which
might affect adversely uses similar in
nature to those to which the waters were
put on the Effective Date, and agrees to
take all reasonable measures t6o ensure
that, before any sewage or industrial
waste is allowed to flow into the rivers,
it will be treated, where necessary, in
such manner as not materially to affect
Epilogue, September 2010
41
those uses provided that the criterion of reason-
ableness shall be the customary practice in simi-
lar situations on the rivers.
The parties agree to adopt, as far as feasi-
ble, appropriate measures for the recovery, and
restoration to owners, of timber and other prop-
erty floated or floating down the Rivers, subject
to appropriate charges being paid by the owners.
The use of water for industrial purposes
under articles II(2), (II(3) and III (2) shall not
exceed :
Ø In the case of an industrial process known on
the Effective Date, such quantum of use as
was customary in that process on the
Effective Date;
Ø In the case of an industrial process not known
on the Effective Date :
Ø Such quantum of use as was customary on the
Effective Date in similar or in any way com-
parable industrial processes; or
Ø If there was no industrial process on the
Effective Date similar or in any way compa-
rable to the new process, such quantum of
use as would not have a substantially adverse
effective on the other party.
Such part of any water withdrawn for
Domestic Use under the provisions of Articles II(3)
and III(2) as in subsequently applied to
Agricultural Use shall be accounted for as part of
the Agricultural Use specified in Annexure B and
Annexure C respectively; each party will use its
best endeavours to return to the same river (di-
rectly or through one of its Tributaries) all
water withdrawn there from for industrial pur-
poses and not consumed either in the industrial
processes for which it was withdrawn or in some
other Domestic Use.
In the event that either party should
develop a use of waters of the Rivers which is not
in accordance with the provisions of this Treaty,
that Party shall not acquire by reason of such use
any right, by prescription or other wise to a con-
tinuance of such use.
Except as otherwise required by the express
provisions of this Treaty, nothing in this Treaty
shall be construed as affecting existing territorial
rights over the waters of any of the Rivers or the
beds or banks thereof, or as affecting existing
property rights under municipal law over such
waters or beds or banks.
www.epilogue.in
in focus
DOCUMENTS : Full Text of IWT
ARTICLE IV
Financial Provisions
I n consideration of the fact that the purpose of part of the system of works
referred to in Article IV(1) is the replacement, from the Western Rivers
and other sources, of water supplies for irrigation canals in Pakistan which,
on 15th August 1947, were dependent on water supplies from the Eastern
Rivers, India agrees to make a fixed contribution of Pounds Steeling
62,060,000 towards the costs of these works. The amount in Pounds Sterling
of this contribution shall remain unchanged irrespective of any alteration in
the par value of any currency.
The sum of Pounds Sterling 62,060,000 specified in Paragraph (1) shall
be paid in ten equal annual installments on the Ist of November of each year.
The first of such annual installments shall be paid on Ist November 1960, or
if the Treaty has not entered into force by that date, then within one month
after the Treaty enters into force.
Each of the installments specified in Paragraph (2) shall be paid to the
Bank for the credit of the Indus Basin Development Fund to be established
and administered by the Bank, and payment shall be made in Pounds
Sterling, or in such other currency or currencies as may from time to time be
agreed between India and the Bank.
The payments provided for under the provisions of Paragraph (3) shall
be made without deduction or set-off on account of any financial claims of
India on Pakistan arising otherwise than under the provisions of this Treaty ;
Provided that this provision shall in no way absolve Pakistan from the neces-
sity of paying in other ways debts to India which may be outstanding against
Pakistan.
If, at the request of Pakistan; the Transition Period is extended in
accordance with the provisions of Article II (6) and of Part 8 of Annexure H,
the Bank shall thereupon pay to India out of the Indus Basin Development
Fund the appropriate amount specified in the Table Below :-
Table
Period of Aggregate Extension Payment to India
of Transition Period India
One Year £Stg. 3,125,000
Two Year £Stg. 6,406,250
Three Years £Stg. 9,850,000
The provisions of Article IV(1) and Article V(1) shall not be construed as
conferring upon India any right to participate in the decisions as to the sys-
tem of works which Pakistan constructs pursuant to Article IV(1) or as consti-
tuting an assumption of any responsibility by India or as an agreement by
India in regard to such works.
Except for such payments as are specifically provided for in this Treaty,
neither Party shall be entitled to claim any payment for observance of the
provision of this Treaty or to make any charge for water received from it by
the other Party.
Vol. 4, Issue 9 Epilogue, September 2010
in focus 42
DOCUMENTS : Full Text of IWT

ARTICLE VI ARTICLE VII

Exchange of Date Future Co-operation
T he following data with respect to the
flow in, and utilization of the waters of
the Rivers shall be exchanged regularly
T he two parties recognize that they have a common interest in the
optimum development of the Rivers, and to that end, they declare
their intention to co-operate, by mutual agreement, to the fullest
between the Parties : possible extent. In particular :
Ø Daily (or as observed or estimated less Ø Each Party, to the extend it considers practicable and on agreement
frequently) guage and discharge data by the Other Party to pay the cots to be incurred, will at the request
relating to flow of the Rivers at all of the other party, set up or install such hydrologic observation
observation sites. stations within the drainage basins of the Rivers, and set up or
Ø Daily extractions for or releases from install such meteorological observation stations relating thereto
reservoirs. and carry out such observations thereat, as may be requested, and
will supply the data so obtained.
Ø Daily withdrawals at the heads of all
Ø Each Party, to the extend it considers practicable and on agreement
canals operated by government or by a
by the other party to pay the costs to be incurred, will at the
government agency (hereinafter in this
request of the other Party, carry out such new drainage works as
article called canals), including link
may be required in connection with new drainage works of the
canals.
other Party.
Ø Daily escapages from all canals,
Ø At the request of either party, the two parties may, by mutual
including link canals.
agreement, cooperative in undertaking engineering works on the
Ø Daily deliveries from link canals.
Rivers.
These data shall be transmitted monthly
The formal arrangements, in each case, shall as agreed upon between
by each Party to the other as soon as the the Parties.
data for a calendar month have been If either party plans to construct any engineering work which
collected and tabulated, but not later than would cause interference with the waters of any of the Rivers and
three months after the end of the month to which, in its opinion, would affect the other party materially, it shall
which they relate : Provided that such of the notify, the other Party of its plans and shall supply such data relating to
data specified above as are considered by the work as may be available and as would enable the other party to
either Party to be necessary for operational inform itself of the nature, magnitude and effect of the work. If a work
purposes shall be supplied daily or at less would cause interference with the waters of any of the Rivers but would
frequent intervals, as may be requested. not, in the opinion of the Party planning, it affect the other party
Should one Party request the supply of any of materially, nevertheless the party planning the work shall, on request,
these data by telegram, telephone, or supply the other party with such data regarding the nature, magnitude
wireless, it shall reimburse the other party and effect, if any, of the work as may be available.
for the cost of transmission.
If, in addition to the data specified in
Paragraph (1) of this Article, either Party
requests the supply of any data relating to
the hydrology of the Rivers, or to canal or
reservoir operation connected with the
Rivers, or to canal or reservoir operation
connected with the Rivers, or to any
provision of this Treaty, such data shall be
supplied by the other party to the extend
that these are available.

www.epilogue.in Vol. 4, Issue 9 Epilogue, September 2010

43
Permanent Indus Commission
I ndia and Pakistan shall each create a
permanent post of Commissioner for
Indus Waters, and shall appoint to this
post, as often as a vacancy occurs, a per-
sons who would ordinarily be a high
–ranking engineer competent in the
field of hydrology and water-use. Unless
either Government should decide to
take up any particular question directly
with the other Government, each
Commissioner will be the representa-
tive of his Government for all matters
arising out of this Treaty, and will serve
as the regular channel of communica-
tion on all matters relating to the imple-
mentation of the Treaty, and, in particu-
lar with respect to
Ø The furnishing or exchange of infor-
mation or data provided for in the
Treaty; and
Ø The giving of any notice or response
to any notice provided for in the
Treaty.
The status of each commissioner
and his duties and responsibilities
towards his government will be deter-
mined by that government.
The two Commissioners shall
together form the permanent Indus
Commission.
The purpose and functions of the
Commission shall be to establish and
maintain co-operative arrangements
for the implementation of this Treaty, to
promote co-operation between the
Parties in the development of the
waters of the Rivers and in particular,
Ø To study and report to the two gov-
ernments on any problem relating
to the development of the waters
of the rivers which may be jointly
referred to the Commission by the
Two Governments; in the event that
www.epilogue.in
ARTICLE VIII
a reference is made by one
Government alone, the
Commissioner of the other govern-
ment shall obtain the authorization
of his Government before he pro-
ceeds to action the reference ;
Ø To make every effort to settle
promptly, in accordance with the
provisions of Article IX(1), question
arising thereunder :
Ø To undertake, once in every five
years, a general tour of inspection
of the rivers for ascertaining the
facts connected with various devel-
opments and works on the rivers.
Ø To undertake promptly at the
request of either Commissioner, a
tour of inspection of such works or
sites on the Rivers as may be con-
sidered necessary by him for ascer-
taining the facts connected with
those works or sites; and
Ø To take, during the Transition
period, such steps as may be neces-
sary for the implementation of the
provisions of Annexure H.
The Commission shall meet regu-
larly at least once a year, alternately in
India and Pakistan. This regular annual
meeting shall be held in November or in
such other month as may be agreed
upon between the Commissioners. The
Commission shall also meet when
requested by either Commissioner.
To enable the Commissioners to
perform their functions in the
Commission, each Government agrees
to accord to the Commissioner of the
Other Government the same privileges
and immunities as are accorded to rep-
resentatives of member states to the
principal and subsidiary organs of the
United Nations under Sections 11, 12
Vol. 4, Issue 9
in focus
DOCUMENTS : Full Text of IWT
and 13 of Article IV of the convention on
the privileges and immunities of the
United Nations (dated 13th February,
1946) during the periods specified in
those sections. It is understood and
agreed that these privileges and immu-
nities are accorded to the
Commissioners not for the personal ben-
efit of the individuals themselves but in
order to safe guard the indendent exer-
cise of their functions in connection
with the Commission; consequently the
Government appointment the
Commissioner not only has the right but
is under a duty to waive the immunity of
its Commissioner in any case where, in
the opinion of the appointing govern-
ment; the immunity would impede the
course of justice and can be waived with-
out prejudice to the purpose for which
the immunity is accorded.
For the purposes of the inspections
specified in paragraph (4) (c) and (d),
each Commissioner may be accompa-
nied by two advisers or assistants to
whom appropriate facilities will be
accorded.
The Commission shall submit to the
Government of India and to the
Government of Pakistan, before the
first of June of every year, a report on its
work for the year ended on the preced-
ing 31stof March, and may submit to the
two governments other reports at such
times as it may think desirable.
Each government shall bear the
expenses of its Commissioner and his
ordinary staff. The cost of any special
staff required in connection with the
work mentioned in Article VII (1) shall
be borne as provided therein.
The Commission shall determine
its own procedures.
Epilogue, September 2010
in focus 44
DOCUMENTS : Full Text of IWT

ARTICLE IX ARTICLE X
Settlement of Difference Emergency
and Disputes Provision
A ny question which arises between the Parties concerning the interpretation
or application of this Treaty or the existence of any fact which, if estab-
lished, might constitute a breach of this Treaty shall first be examined by the
I f, at any time prior to 31st March 1965,
Pakistan should represent to the Bank that,
because of the outbreak of large-scale inter-
Commission, which will endeavour to resolve the question by agreement. national hostilities arising out of cause beyond
If the Commission does not reach agreement on any of the questions men- the control of Pakistan, it is unable to obtain
tioned in Paragraph (1), then a difference will be deemed to have arisen, from abroad the materials and equipment nec-
which shall be dealt with as follows :
essary for the completion, by 31st March 1973,
Ø Any difference which, in the opinion of either Commissioner, falls within
of that part of the system of works referred to
the provisions of Part I of Annexure F shall, at the request of either
in Article IV(1) which relates to the replace-
Commissioner, be dealt with by a Neutral Expert in accordance with the
provisions of Part 2 of Annexure F. ment referred to therein, (hereinafter
Ø If the difference does not come within the provisions of paragraphs (2) (a), referred to as the “replacement element”)
or if a Neutral Expert, in accordance with the provisions of Paragraphs 7 of and if, after consideration of this representa-
Annexure F, has informed the Commission that, in his opinion, the differ- tion in consultation with India, the Bank is of
ence, or a part thereof, should be treated as a dispute, then a dispute the opinion that.
will be deemed to have arisen which shall be settled in accordance with Ø These hostilities are on a scale of which
the provisions of paragraphs (3), (4) and (5) the consequence is that Pakistan is unable
Provided that, at the discretion of the Commission, any difference may to obtain in time such materials and
either be dealt with by a Neutral Expert in accordance with the provisions of equipment as must be procured from
Part 2 of Annexure F or be deemed to be a dispute to be settled in accordance abroad for the completion, by 31st March
with the provisions of Paragraphs (3), (4) and (5) or may be settled in any
1973, of the replacement element, and
other way agreed upon by the Commission.
Ø Since the effective date, Pakistan has
As soon as a dispute to be settled in accordance with this and the succeed-
taken all reasonable steps to obtain the
ing paragraphs of this Article has arisen the Commission shall, at the request of
said materials and equipment and, with
either Commissioner, report the fact to the two Governments, as early as
practicable, stating in its report the points on which the Commission is in such resources of materials and equip-
agreement and the issues in dispute, the views of each Commissioner on ment as have been available to Pakistan
these issues and his reasons therefore. both from Pakistan and from abroad, has
Either Government may, following receipt of the report referred to in carried forward the construction of the
Paragraph (3) or if it comes to the conclusion that this report is being unduly replacement element with due diligence
delayed in the Commission, invite the other Government to resolve the dis- and all reasonable expedition.
pute by agreement. In doing so it shall state the names of its negotiators and In Bank, shall immediately notify that of
their readiness to meet with the negotiators to be appointed by the other the parties accordingly. The parties under-
government at a time and place to be indicated by the other government. To take, without prejudice to the provisions of
assist in these negotiations, the two governments may agree to enlist the ser-
Article XII (3) and (4) that, on being so noti-
vices of one or more mediators acceptable to them.
fied, they will forthwith consult together and
A court of arbitration shall be established to resolve the dispute in the man-
enlist the good offices of the Bank in their con-
ner provided by Annexure G.
sultation, with a view to reaching mutual
Ø Upon agreement between the parties to do so; or
agreement as to whether or not in the light of
Ø At the request of either party, if, after negotiations have begun pursuant to
all the circumstances then prevailing, any
paragraphs (4), in its opinion the dispute is not likely to be resolved by
negotiation or meditation; or. modifications of the provisions of this Treaty
The provisions or paragraphs (3), (4) and (5) shall not apply to any differ- are appropriate and advisable and, if so, the
ence while it is being dealt with by a Neutral expert. nature and the extent of the modifications.

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45 in focus
DOCUMENTS : Full Text of IWT

ARTICLE XI
General Provisions
It is expressly understood that
Ø This Treaty governs the rights and obligations of each party in relation to the other with respect only to the use of the waters
of the Rivers and matters incidential thereto; and
Ø Nothing contained in this Treaty, and nothing arising out of the execution thereof, shall be construed as constituting a
recognition or waiver (whether tacit, by implication or otherwise) of any rights or claims whatsoever of either of the Parties
other than those rights or claims which are expressely recognized or waived in this Treaty.
Each of the parties agrees that it will not invoke this Treaty, anything contained therein, or anything arising out of the
execution thereof, in support of any of its own rights or claims whatsoever or in disputing any of the rights or claims whatsoever of
the other party, other than those rights or claims which are expressly recognized or waived in this Treaty.
Nothing in this Treaty shall be construed by the parties as in any way establishing any general principle of law or any
precedent.
The rights and obligations of each party under this Treaty shall remain unaffected by any provisions contained in, or by
anything arising out of the execution of, any agreement establishing the Indus Basin Development Fund.

ARTICLE XII
Final Provisions
T his Treaty consists of the preamble, the articles hereof and Annexure A to H hereto, and may be cited as “The Indus Waters
Treaty 1960”.
This Treaty shall be ratified and the ratifications into force upon the exchange of ratifications and will then take effect
retrospectively from the first of April 1960.
The provisions of this treaty may from time to time be modified by a duly ratified treaty concluded for that purpose between
the two governments.
The provisions of this Treaty, or the provisions of this treaty as modified under the provisions of paragraph (3) shall continue
in force until terminated by a duly ratified treaty concluded for that purpose between the two governments.
In Witness whereof the respective plenipotentiaries have signed this treaty and have hereunto affixed their seals.
Done in triplicate in English at Karachi on this Nineteenth day of September 1960.

For the Government of India :

(Sd) Jawaharlal Nehru

For the Government of Pakistan :

(Sd) Mohammad Ayub Khan

Field Marshal, H.P., H.J.
For the International Bank for Reconstruction and Development
For the purpose specified in Articles V and X and Annexures F, G and H :

Sd) W.A.B. Iliff.

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around J&K
The China Factor
OTHER CONFLICTS ALONG THE J & K BORDER:
The Uyghurs in Xinjiang
BHAVNA SINGH
X
injiang's (Xinjiang Uyghur
A u t o n o m o u s Re g i o n ) g e o -
strategic location makes its ties
with India highly important. It shares a
border with India's Ladakh, Balti and
Kashmir and has had close historical ties
with these regions. The two regions of
Xinjiang and Kashmir have been
historically known to be independent
kingdoms brought into the larger
political frameworks only since the
functioning of modern-nation states.
Physical proximity between the two
regions had led to establishment of
massive trade routes in the region, for
instance the Silk Route, which have
been however, abandoned in the last
few decades and are not accessible to
the local people or traders and officials
any more. With renewed opportunities
available in terms of trade and energy
resources, the two countries need to
reconsider the situations at hand.
Xinjiang's geographical location
also places it at the center of Asian
dynamics. Its development as a region
has far and wide implications on
political, economic and cultural aspects
of its neighbouring territories, which is
why it is a major source of concern for
the Chinese government. First, the
increasing demand for transparent
governments in Central Asia leads to
similar demands in Xinjiang, falling
short of which there is growing
radicalization of Uyghur separatism.
Second, large Uyghur presence in
neighbouring countries like Kyrgyzstan,
www.epilogue.in
creates a potential terrorist risk to the
vast network of expansive
infrastructure (e.g. road, railway,
pipeline) that China has put in place.
Third, the ties with the neighbouring
countries in terms of Islam like Pakistan
can in the long run promote secessionist
tendencies in the region. Fourth, China
has not yet devised any policy
perspective of engaging the Indian state
which experiences similar problems
related to religious extremism and
terrorism in Kashmir.
China's strategy to eliminate risks
is reflected in its increasing pursuit of
the strengthening of the Shanghai
Cooperation Organization (SCO) as a
regional organization to provide a
safety valve against Muslim
fundamentalism in the member states.
It has also resorted to a string of anti-
terrorist exercises with its neighbours
to reduce threats from Uyghur
terrorism. It has emphatically focused
on the 'go-out' strategy in the Central
Asian Region and the SCO is also seen as
the key organization for reviving the old
'silk route'. Nonetheless, the SCO is not
devoid of its own set of problems and
socio-political developments in the
region are a source of grave concern to
Chinese authorities. Though China has
managed to get the Uyghur refugees in
the SCO countries to be driven back to
Xinjiang, the larger implications of
Xinjiang in Central Asian politics have
forced China to increase its presence in
form of CPC leaders visiting in the
Vol. 4, Issue 9
46
region and looking out for support
elsewhere.
China's interactions with its
southern neighbours, India and
Pakistan, are thus, arranged within the
ambit of containing terrorism in this
region. The joint exercise with Pakistan
in 2003 in Xinjiang was an effort in the
direction of pruning radical elements in
the two countries. It was in October
2003 that the Pakistan military killed
ETIM leader Hasan Mahsum in an army
operation, there has since been a rise in
cooperation between the two countries
given their physical proximity and
similar nature of problems encountered
by them. Most recently, Asif Ali Zardari's
visit to Beijing in July 2010 has
furthered an understanding on weeding
out terrorism from their adjoining
territories. Zardari emphatically
endorsed China's policies on Xinjiang
and said- “We are glad that the situation
in Urumqi has been brought under
control. We believe that China's policy
of social harmony and development is
producing great results for all Chinese
people.” He further announced that
“Pakistan appreciated the fact that life
and property of Muslims of China are
fully protected and their rights
including the right to worship fully
safeguarded”, and that “Pakistan is
most impressed by the philosophy of
Chinese leadership to promote
harmonious society and a harmonious
world.” China on its part recognized
that Pakistan had played a key role in
Epilogue, September 2010
47
dissuading certain Muslim countries
from taking the issue of violence in
China's Xinjiang region to the
Organisation of the Islamic Conference
and saved Beijing from embarrassment.
However, these gestures of support
are induced more due to the economic
benefits that Pakistan can derive from
the Chinese authorities instead of a
sincere effort to weed out terrorism.
President Zardari in his recent visit to
china also urged China to accelerate
plans to introduce a railway line
between the two countries, after a
spate of problems have plagued the
Karakoram Highway, which runs from
China's Xinjiang region to Pakistan and is
the only strategically-significant land
link between the two countries. Zardari
also discussed long-pending plans for
China and Pakistan to establish railway
connectivity between Xinjiang and
Havelian. Since most of his observations
are economically driven instead of
empathy for fellow Muslims in Xinjiang,
Zardari's comments on the Xinjiang
issue have led to his severe unpopularity
within Pakistan. China understands the
nature of this reciprocal
communication and hence has had and
continues to have difficulties with
Pakistan on the issue of the latter's
ability to crack down on terrorism
aimed at China.
In the above context of limitations
in Sino-Pak cooperation, India's
presence along the border is crucial for
the Xinjiang conundrum. The visit by
the Xinjiang governor in 2004 was
indicative of the huge potential for the
two regions to work together on areas
like agriculture and food processing,
traditional medicine and herbs, energy
and oil production as well as tourism
and the more significant aspect of the
border links with India's Ladakh region.
In the security realm, the eastern part
of Ladakh which is the disputed Aksai
www.epilogue.in
Chin area that China occupied in the
1962 war and through which it had built
a road in the early 1950s to logistically
connect Tibet needs to be take into
account.
The idea mooted for the
development of a Free Trade Agreement
at the meeting of the Indian Prime
minister and the Chinese Premier in
April 2005 did not fructify into anything
substantial. Proposals of opening direct
flights between New Delhi and the
Xinjiang capital of Urumqi did not take
off. The proposal to have gas pipelines
from Xinjiang's rich Tarim gas reserves
to supply the needs of Ladakh and
Kashmir and eventually those of other
Indian areas has also been red-taped
largely due to the feeling that the
proposed pipelines run through the
disputed territory of Aksai Chin and
hence would involve questions of border
demarcation of the captured territory.
There are however, many areas on
which both countries could learn from
each other's experiences. Under the
Indian constitution Kashmir enjoys an
autonomous status and Xinjiang being
an autonomous region of China enjoys
several privileges. Both have
substantial Muslim populations which
generate issues at the levels of identity
formation and ethnic-based concerns
for their respective states. China's
Western Development Strategy outlined
in 2000 has tried to incorporate the
region into the mainstream and thereby
find solutions to the secessionist
movements operating in Xinjiang. India
has similarly been investing heavily into
Kashmir with massive budgetary
incentives annually.
The Indian government's efforts in
allowing the local languages to flourish
and not attempting to outweigh the
Kashmiri language has helped the
government unlike the Chinese
attempts at discrediting local language
Vol. 4, Issue 9
around J&K
The China Factor
and introducing the minkao han
education replacing the minkao min
education. The problems emanating
from Han-Uyghur ethnic discrimination
policies in Xinjiang can be sorted out by
increasing space for bilingual education
in the province. Similarly, India's
dilemma about social divisions in
Kashmir can be reduced through
adequate promotion of employment
and educational opportunities.
Kashmir on the one side and
Xinjiang on the other can also attempt
to renew historical connections,
including the development of ancient
trade routes as tourist options.
Collective endeavours in educational
and research institutions in both regions
can help in generating good-will and
research work aimed at solving similar
problems in both states. Several
informal trade exchanges still take
place at the regional level though in an
illegal manner, legalizing such trade
opportunities could open up new vistas
for the local people. Cooperation
between these regions can also be
developed in the areas of technology
sharing particularly in the areas of
desert irrigation and horticulture.
The two countries can also avoid
the mistakes committed by the other by
looking into policy perspectives. China
had largely abandoned the promise of
religious and cultural autonomy to
integrate the region into the
mainstream and has witnessed the
backlash thereof. A switch to hard
options by India will yet again generate
similar discontent amongst the Kashmir
population and fuel militant activities.
China's vulnerability and need for
stability in the region can help India find
an opening to the border settlement
issue as well. Both countries can build
together anti-terrorist mechanisms
which can help in mitigating the
terrorist threat which they believe
Epilogue, September 2010
around J&K
The China Factor ZONAL HEADQUARTERS
CRIME BRANCH JAMMU
emanates from externally funded movements (the ETIM
in Xinjiang and Islamic fundamentalist movements in
Kashmir). Scams target you
It should be recognized that the manner in which
China deals with Xinjiang's ethnic and terrorist threats
Protect yourself
would affect the larger context of Asian security
environment. On the one hand, China's strategy in
Most scams need you to do something
Xinjiang and Central Asia could place within its grasp an before they can work like providing your personal
unprecedented opportunity to extend its power and information or sending money.
influence into the Central Asian region. On the other
hand, it holds the potential to destabilize the entire DON’T RESPOND
Chinese state. There is some speculation that any Scammers fool you by :
mishandling of the Xinjiang question could lead to break Ü Making promises of great prizes or easy
up of China in a manner similar to that of the USSR. And money.
since most of the infrastructure and energy projects are Ü Pretending to be legitimate banks banks and
grounded in this region any disturbance in the area could businesses.
create potential havoc for the Chinese economy. This Ü Using leaflets, letters and web sites that look
region is also extremely important with regard to China's like the real thing.
greater periphery concept and its grand strategy of Ü Asking you to send money, personal details
'peaceful rise' since the way it operates in Xinjiang leads or fees before delivering anything.
to international responses of either questioning its Ü Asking you to keep the deal or offer a secret.
approach or supporting its larger agendas in the region.
Ü Floating ads in newspapers for admission to
It is imperative that China finds a lasting solution to
professional courses.
its Uyghur problem and India to its problems in Kashmir.
The Urumqi crisis of 2009 is only one such violent
PROTECT YOURSELF
manifestation of the resentment caused by the
misinterpretation of local cultural and political desires
1. Avoid ripoffs. Treat all unsolicited promises
and the recent violence witnessed in Kashmir is and requests for your details carefully.
indicative of a similar turn of events in the Indian STOP. Don’t respond.
territory. Though the massive derailment of China's 2. Check to see if the request is legitimate and
peace initiative in the region should have led to a research the person, company and offer.
reassessment of its policies, post-Urumqi developments 3. GET independent advice if the offer involves
do not reflect a serious appraisal by the Chinese money, time or commitment.
government. In continuing with its repressive policies, 4. NEVER respond to out of the blue requests
the government is yet again perpetrating a legitimacy for personal details.
crisis for itself and adding fuel to the disgruntlement of 5. DON”t use contact details provided in offers
the Uyghurs. India on its part can evince prescience and or request find them independently.
avoid such mis-governance. 6. CHECK your credit report at least twice a year.
Prioritizing one facet over the other will not provide

Fight the Scammers.

any lasting solutions to the current situations in Xinjiang
or Kashmir; development based singularly on an
economic agenda or only in tune with the ethnic
aspirations would only intensify the cleavage between Don’t Respond!
the haves and have-nots. Hence, there is a need for Report them to Crime Branch Jammu
collectively devising a strategy to overcome security on Phone No. : 0191-2578901
threats in these adjacent regions. If effectively utilised,
the cooperative endeavours on Xinjiang and Kashmir Issued in public interest by
could lay down framework for future cooperation in CRIME BRANCH, JAMMU
other arenas as well.
No. : DIP/J-5119

www.epilogue.in Vol. 4, Issue 9 Epilogue, September 2010

49 exclusive Series
New Research on Kashmir

THE CONTRASTING FORTUNES OF THE FLANKS :

Ladakh and Gilgit

RAKESH ANKIT

Ladakh

S
ometimes called the “Little
Tibet”; at others the “Last
Shangri-La” – Ladakh is marked by
mountains and monasteries and offers
some spectacular treks to lakes and
forts. Spread over 80 thousand sq. kms.
and 10 thousand feet above sea-level,
this north-western part of Jammu &
Kashmir has a picturesque geography
and a, largely, peaceful history barring
the 1962 war with China. Ladakh
remained an autonomous state in its
own right till mid-1840s and was always
a source of wondrous curiosity for the
merchants and military-men of the
expanding East India Company before as within his 'sphere of influence'. This outpost abetting the old Silk Route and
that. existence of Ladakh ended in 1842 when aiding the monitoring over Sinkiang,
William Moorcroft and party were Gulab Singh (on behalf of Lahore), Lama Tibet and Central Asian Republics. Tibet
the first Englishmen ever to set foot in Gurusahib (on behalf of Lhasa) and a then was an autonomous state, friendly
Ladakh when they reached Leh in Chinese representative (on behalf of to British India and within its sphere of
September 1820. Ladakh then was being Peking) signed a treaty which brought influence – though London and Calcutta
eyed covetously by both the East India Ladakh, along with Aksai Chin, within were careful to formally recognise
Company – for largely commercial rea- the J & K State area. Chinese suzerainty. However, Lhasa was
sons and the powerful Sikh ruler, Over the next 5 years, attempts directly dealt with and every effort was
Maharaja Ranjit Singh – for largely stra- were made to demarcate the boundary made to bolster its autonomous status
tegic reasons. Moorcroft took the hasty between Ladakh and Tibet which were and independent entity. Of course, it
liberty of signing a completely unautho- given up by 1847 as both sides agreed to helped that Peking was too weak to do
rized 'commercial treaty' in Leh on adhere to 'ancient arrangement'. So anything then. The guiding principle as
behalf of the 'British merchants' which while no actual demarcation was made 19th century closed for the British Indian
was equally hastily retracted by on the ground, maps were prepared on government remained the same,
Calcutta. An abject apology to Ranjit both sides on the basis of old usage and namely, to prevent Tibet from falling
Singh followed for Moorcroft's trans- convention with both sets claiming dif- into the hands of any potential enemy –
gression. An uneasy ally since the treaty ferent alignments. This state of affairs it was then the Tsarist Russia; next it
of 1809, the East India Company were continues today – reflected in the rival would be the Bolshevik Russia and
anxious to avoid giving offence to claims of New Delhi and Beijing. finally, in the 1940s, Mao.
Lahore, particularly on Ladakh as they Throughout the Great Game, Much of this concern flowed from
knew that the Maharaja looked upon it Ladakh served as a valuable strategic the vagueness of the Sinkiang-Ladakh-

www.epilogue.in Vol. 4, Issue 9 Epilogue, September 2010

exclusive Series
New Research on Kashmir
Tibet border. The Simla Convention of
1914 was a step in the direction of fixing
frontiers. But nothing much happened
on ground as 1914 turned into 1941
wherein our story is set (based on a
report preserved in the Oriental and
India Office (OIOC) collections of the
British Library (BL), London along the
series MSS Eur D 862). By this time, the
international situation was once again
on the boil and, unlike the Great War of
1914-18, this time much closer home.
Even before the Japanese onslaught in
the Asia-Pacific rim, from the time of its
invasion of China in early 1930s, the old
Silk Route, along the banks of the Oxus
and southward over Gobi was seeing a
new era, new conditions and even a new
name – the Red Highway. Political
intrigue and propaganda stopped trade
and traffic between Chinese Turkistan,
Ladakh and Central Asian Republics.
In August 1941, news reached
Srinagar that thousands of Muslim brig-
ands from Sinkiang – while harrying
against Tibetan troops – were poised to
drive into Ladakh creating a security situ-
ation which worried the authorities there
and in New Delhi. Accordingly, the 6th
Infantry of the J & K State troops led by
Major Abdul Majid Khan was dispatched
to Demchuk in Ladakh to meet the brig-
ands. Demchuk was a small village 200
miles south-east of Leh beyond Shushal.
It was the last village on that route which
traversed through the terrain at 17,
500/18, 000 feet above sea level. It took
9 days – in those days – to reach Demchuk
from Leh. Major Khan had 2 platoons, 65
rifles and 2 light-machine guns with him
and he arrived in Demchuk in the last
week of September 1941.
On 8 October 1941, the troops
engaged the brigands when the latter
attacked. The ensuing skirmish left 6 of
the attackers dead and 1 wounded. 7
Russian rifles were captured by Major
Khan's men. Only then it transpired that
what had been thought of as brigands was
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actually a group of Kazak tribes. It was a
biggish party. There were about 4000
men, women and children in all. They had
3000 ponies, 1500 camels, 500 yaks and
about 5000 sheep. Sensing the potential
of large civilian casualties, the Wazir of
Ladakh and Major Khan decided to hold
talks with them. The Kazaks agreed to
disarm in exchange of a free passage.
However, remote from the spot, New
Delhi decided to intervene and weigh
against such a settlement. Srinagar was
told to either turn back the Kazaks to
Tibet or drive them to Sinkiang. Failing
either they were to be held in Ladakh.
The wise Wazir and the wily veteran
Abdul Majid realised these options to be
impossible and bravely ignored them.
They agreed to the Kazak's request and
disarmed them – in the process achieving
a yield of 250 Russian rifles. They gave
them free passage through Ladakh in
return for no looting and no Tibetan pris-
oners. They accompanied the Kazaks
through this trek across Ladakh and
reached Leh on 3 November 1941.
It now slowly emerged out of the
Kazaks that they had come from the area
north of the Caspian Sea and Lake Aral. It
had taken them 5 years and the impulse
had been the famed peace and prosperity
of India. They had resolved to make India
their home when they set out from the
Kazak Republic. Of course, formally
speaking, they remained the subjects of
the former USSR. During this time and
process, they fought their way through
the former Turkistan, northern Sinkiang
and had reached Tibet where – according
to the Tibetan State authorities – they
wrecked havoc and looted some 1, 00,
000 head of live stock! From Gartok in
Tibet they decided to move southwards
and enter British India by the Almora
(present Uttarakhand) route but met
resistance and faced repulsion at the
hands of the police force present there.
With their passage to India blocked and
a hostile Tibet on their back, in despera-
Vol. 4, Issue 9
50
tion, they entered Ladakh and engaged
the State troops. Once beaten by Major
Khan and his men and with the realisa-
tion that they were very short of ammu-
nition, they grasped the offer to talk
with joy and relief. Maharaja Hari Singh's
government decided to hurry the Kazaks
through and beyond the Zoji La pass
before it was blocked by snow. The party
left Leh on 5 November and moved along
purposefully. The civil administration in
Leh as well as the State troops helped
them with food and fodder. Considering
the number of animals that the Kazaks
had with them, it appears that it was
decided to abandon any that were not able
to keep pace. One platoon from Leh
accompanied the Kazaks to Kargil and from
there the State police escorted them.
The tough Kazaks – initially under-
stood as a security risk of a different kind
– were thus met, engaged and escorted in
an operation which earned the civilian
authorities in Leh and the military response
from Srinagar respite and reputation
both. In difficult terrain with limited
intelligence against mounted men Major
Abdul Majid Khan led his men very well on
the ground and then bettered that effort
by showing foresight and independent
judgment in the cause of peace. He won
the conflict and its resolution both.
Prompted by this incident, over
the next five years, attempts were
made to occupy and stabilize the fron-
tier in Ladakh. Of course, post-
independence and accession in 1947 in
the Indian sub-continent and Mao's vic-
tories in 1949 (mainland China) and
1950 (Tibet; later consolidated in 1959),
Aksai Chin came firmly in the Chinese
possession. The Yekcheng-Gartok road –
also called the Sinkiang-Tibet highway –
was completed in September 1957. The
road entered the old J & K State terri-
tory in the south near Sarigh Jilganang
Lake and ran north-west before leaving
the State territory near Haji Langer, in
the north-west corner of Ladakh.
Epilogue, September 2010
51
GILGIT
While the upheavals of 1947-48
left Ladakh virtually untouched, the
same was farthest from truth when it
came to the exact opposite side of the
State frontiers, namely, the famed
Gilgit Agency. Much like the events of
August-September 1947 in Poonch, hap-
penings in Gilgit at the same time were
important preludes to the gathering
storm of the October raid. Similar to
Poonch, they have been appropriated
and denied; mutilated and sanitized,
respectively in the rival, competing ver-
sions of history.
The Gilgit agency which had been
taken care of by the British from 1880s
onwards, given its strategic signifi-
cance, came back to Srinagar's jurisdic-
tion in July 1947. Brigadier Ghansar
Singh Jamwal, OBE was appointed as
Governor on 20 July. He had earlier been
Brigadier General (Staff) of the J & K
State forces. Jamwal, along with his
boss, General Henry Lawrence Scott –
Maharaja Hari Singh's Chief of Staff –
arrived in Gilgit on 30 July where they
were received by Lt. Col. Bacon. Major
Brown – Commandant, Gilgit Scouts –
visited him the same evening to apprise
him of the situation in the agency.
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Later, Subedar-Major Babur Khan of
Gilgit Scouts led a delegation of other
JCOs to Jamwal and informed him that
they all wanted to serve Pakistan. Less
than a week later, over 3-4 August 1947,
the so-called Yasin Revolution began in
Gilgit.
Towards the end of the trouble-
some months of August and September,
Jamwal lost the patronage of General
Scott on 29 September. Scott was suc-
ceeded by General Kashmir Singh (son
of the Janak Singh – successor of
Ramachandra Kak – PM from mid-August
to mid-October). It was a most impru-
dent decision by any yardstick.
Jamwal was arrested by Major
Brown, Lt. Haider Khan and Subedar-
Major Babur Khan at 2 AM on 1 November.
A provisional government was formed.
Other prominent players were Subedar
Rais Khan, Captain Ihsan Ali and Captain
Hussain Sayed. By then, the raid on val-
ley was 10 days old; Hari Singh had
acceded to India; Indian troops had
saved Srinagar and Mountbatten and
Auchinleck had flown to Lahore to par-
lay with Jinnah and General Gracey,
respectively. Jamwal was to languish in
prison – cut off from rest of the Kashmir –
till 15 January 1949.
Vol. 4, Issue 9
exclusive Series
New Research on Kashmir
Jamwal ruminated long and hard
on the main causes for the fall of the
Gilgit Agency during his imprisonment
and held concrete conclusions. They
can be read at the OIOC, BL, London
under the file no. MSS Eur Photo Eur 394.
Jamwal held first and foremost the
weakness of the J & K State troops' bri-
gade as a reason for the quick capitula-
tion. There were only two companies of
the 6th Infantry stationed in Gilgit where
were not adequately re-inforced later
as State troops were thinly spread in the
tense months of August-September in
the south and south-east. Second, mat-
ters were complicated by the active
part played by the two British officers
(Brown and Scott) commanding the
Gilgit Scouts. They were helped by
other British officers and the Muslim offi-
cers serving in the Agency. Third, the
Mirs of Hunza and Nagar were pro-
Pakistan. Finally, there was a strong ele-
ment of discontent among civil and mili-
tary employees against Maharaja's mal-
administration.
This mention of mal-
administration as well as the pre-
dominantly 'Hindu' nature of the civil
and military administrative apparatus
rears its head in the memoirs of another
high official – this time civilian. John
Shattock served as Joint Commissioner
in Ladakh between 1942 and 1944 and
then moved to Srinagar as First Assistant
Resident. He too felt that 'the Muslims
were generally hostile to the state
administration, Kashmiri Brahmins and
Hindu rulers. They were divided into
two camps – the first was led by Sheikh
Abdullah, supporter of the Congress
Party who wished in 1947 for accession
to India and later an independent
Kashmir with tenuous attachment to
India; the second was anti-Abdullah,
pro-Pakistan group'. Shattock's papers,
MSS Eur F 226/27, too are to be had at
the OIOC, BL (London).
Epilogue, September 2010
COLUMN
History
Ladakh in the Persian
Literature of the Mughal Empire
PROF JIGAR MOHAMMAD
T
he processes of historical changes
in Ladakh from ancient to medi-
eval period show that Ladakh has
been a region of synthesization of differ-
ent cultures. Persons of the different
racial backgrounds such as Tibetan,
Indian and Central Asian lived together
from ancient period onwards. The sense
of living together still exists in Ladakh in
better way than in any part of the modern
world. In religious terms Bon-pa,
Buddhism, Christianity and Islam flour-
ished in Ladakh with out occurrence of
any religious conflicts. There is hardly
any region on earth except Ladakh
which maintains religious tolerance
throughout the ages. Though the
Buddhism has been most popular reli-
gion of Ladakh, the Christianity and
Islam continue to get due importance.
The immigration of the people from
Tibet, Central Asia and parts of India to
Ladakh remained a continuous process
during ancient and medieval periods.
The mingling of the persons of different
races remained the dominant cultural
trend of Ladakh throughout historical
period. When Fredrick Drew visited
Ladakh in the second half of the nine-
teenth century, he found large similar-
ity between the Ladakhis and Central
Asians in terms of their physique and
habits. Ladakh routes to different parts
of Central Asia, China, Tibet and India
enabled the people of different social
backgrounds to make cultural exchange
at a common place. It is evident that
Ladakh, despite being one of the high-
est inhabited areas on earth, succeeded
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in maintaining socio-economic contacts
with the different parts of the world. It
is known that Francois Bernier, a French
doctor and traveller, came to India in
the second half of the seventeenth cen-
tury. Though he never visited Ladakh,
he collected some information in
Kashmir pertaining to the history of
Ladakh. Janet Rizvi rightly calls Ladakh
as criss-crossed by trade routes to south
and central Asia.
In the process of empire building the
Mughals made a policy to establish their
authority in most part of the Himalayan
region and the areas situating on the
route between India and Central Asia.
Since Ladakh was well connected with
Central Asia during the 16th and 17th cen-
turies in terms of trade routes, the
Mughals in Central Asia and India showed
their concern with Ladakh's affairs. Mirza
Haider Dughlat was the first Mughal who
attacked and conquered Ladakh in 1532.
After the conquest of Ladakh he acquired
the knowledge of the routes from
Ladakh to Yarkand, Khotan Charchan,
Lob, Katak and Sarigh Ulghur. Similarly
he also discovered the routes from
Ladakh to other parts of India. He also
showed interests in the socio-economic
activities of the persons of the different
social background. His Tarikh-i-Rashidi
is one of the most valuable source of the
History of the 16th century Ladakh.
However, it was the Mughal emperor
Jalaluddin Muhammad Akbar(1556-1605)
who formulated a definite policy to
towards Ladakh and Balistan. According
to Abul Fazl (Ain-i-Akbari), the term
Vol. 4, Issue 9
52
Tibet Kalan(Great Tibet) was used by the
Mughals for Ladakh and Tibet-i-Khurd
(Little Tibet) was used for Baltistan.
Akbar was very much impressed from the
qualities of the Buddhist Lamas. Akbar
also encouraged commercial contacts
with Ladakh. The Mughal emperor
Jahangir(1605-27) tried to establish his
sovereignty in Ladakh, but failed.
However, he protected the trade routes
between the Mughal empire and
Ladakh. In his memoirs Jahangir appre-
ciates economic importance of Ladakh
and writes that the best quality of raw
wool for the Kashmiri shawls came from
Ladakh and Tibet.
The literary sources of the Mughals
incorporated the historical heritage,
events and the life and conditions of the
people Ladakh in their own manner. Since
Ladakh was an unique region in terms of
its topography, social formation and his-
torical changes, the authors of the
Mughal empire found various themes of
their interests which they did not witness
in other parts of the Indian sub-
continent. Consequently, they made
Ladakh as one of the components of their
literary works. It was the Mughal emperor
Akbar who directed his official historian
Abul Fazl to depict the cultural identi-
ties of the various regions of his empire
so that these identities were to be given
due representation in the socio-
political life of the empire.
The Ain-i-Akbari is an important
Mughal source of the sixteenth century,
which contains some useful materials per-
taining to society and culture of medieval
Epilogue, September 2010
53
Ladakh. It was written by Abul Fazl in
Persian in 1595. It has been translated by
H. Blochman and Colonel H.S. Jarret into
English. Basically, the Ain-i-Akbari is con-
cerned with the administrative institu-
tions, socio-economic developments,
and the Mughal emperor Akbar's policies
relating to the different subjects of the
Mughal empire. It is an established fact
that Ladakh was an independent king-
dom during the reign of Akbar (1556-
1605). It is also true that Abul Fazl never
visited Ladakh. But he was a historian
who was ever willing to learn and record
the historical events of the different
parts of the world. It was his unending
desire of the acquisition of knowledge
which prompted him to include the
available historical events of Ladakh
and Tibet in his Ain-i-Akbari.
The Ain-i-Akbari provides informa-
tion regarding the geographical features,
gold, horses and Lamas of Ladakh. It uses
the term Tibet-i-Kalan for Ladakh. It men-
tions a place called Lar, which was situ-
ated on the border of Ladakh. He gives
some interesting information regarding a
mountain and some springs of Lar. He
writes, “To its (Lar) north is a lofty moun-
tain which dominates all the surrounding
country, and the ascent of which is ardu-
ous. At its foot are two springs, two yards
distant from each other, the waters of
one being extremely cold and those of
the other exceedingly hot. They are con-
sidered sacred and the bones of bodies
are reduced to ashes, the bones and
ashes of the dead body are cast into a
lake on the mountain and this ceremony
is regarded as a means of union with the
Divinity. If the flesh of an animal falls
into it, a heavy fall of snow and rain
ensues.”32 Abul Fazl praises the purity of
water of Sind river very much.
Appreciating the quality of the water of
Sind he remarks, “The river called Sind
which rises in Tibet, and wholesome to
drink and is so clear that the fish in it are
visible. They strike them with iron
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spears and catch them also in other
ways.”33 This shows that the water of
Sind was used for drinking purpose in
medieval Tibet and Ladakh. Abul also
mentions Dachchhinpara and Maru
Adwin bordering areas of Ladakh (Great
Tibet). The Handu of Maru Adwin was of
the best bread and large in size.34
Abul Fazl records the availability of
the gold in abundance in the northern
mountains of India including Tibet. It was
obtained through the process of the wash-
ing of the soil of Sind river. Abul Fazl uses
the term Salony for soil washing process
of obtaining gold.35 He also records the
use of garment by the Mughal emperor
Akbar fashioned on Tibetan pattern. He
mentions a cloth called Kapardhar as a
Tibetan stuff . Akbar invented a new term
36
for it, called Kapurnur. These facts
shows that both the gold and some cloths
were imported from Tibet and Ladakh to
the Mughal empire during Akbar's
period. Abul Fazl mentions that some
merchants brought horses of good qual-
ity from Tibet to the Mughal empire.
About the yaks of Ladakh Abul Fazl
writes, “In the neighbourhood of Thibet
and Kashmir, the Kutas or Tibetan yak
occurs, an animal of extraordinary
appearance.”37
The Ain-i-Akbari contains some
interesting observations of its author
regarding the social life of the Buddhist
Lamas. Its description of Lamas shows
that Abul Fazl was knew them very
closely. The Mughal emperor Akbar also
liked the way of life of these Lamas and
the latter influenced some practices of
the emperor. Expressing his views about
the Lamas Abul Fazl writes: “…in Tibet
there were now a class of Lamas, or
Mongolian devotees, recluses, and her-
mits, that live two hundred years, and
more. For the reason His Majesty
(Akbar), in imitation of the usage of
these Lamas, limited the time he spent
in the harem, curtailed his food and
drink, but especially abstained from the
Vol. 4, Issue 9
COLUMN
History
meat. He also shaved the hair of the
crown of his head, and let he hairs at
side grow, because he believed that the
soul of perfect begins, at the time of
death, passes out by the crown (which is
the tenth opening of the human body)
under a noise resembling thunder,
which the dying man may look upon as a
proof of his happiness and salvation
from sin and as a sign that his soul, by
metempsychosis, will pass into the body
of some grand and mighty king.”38 This
analysis of Abul Fazl shows that the
Mughal emperor Akbar had some social
interaction with the Buddhist Lamas. It
is an established fact that Akbar
believed in the policy of Sulh-i-Kul
(peace with all) and applied the same
concept in the formulation of the state
policies. He also tried to encourage the
composite culture in the different parts
of the empire. Abul Fazl's remarks about
the influence of the Lamas on the social
life of the Mughal emperor Akbar estab-
lishes that the emperor not only
respected the sentiments of the
Buddhists, but more importantly by imi-
tating some practices of the Lamas he
ensured the freedom of religious prac-
tices to the Buddhist and intensified the
process of the cultural synthesis. This
also confirms that the popularity of the
Lamas was not confined to Ladakh, but
they were also popular at the Mughal
palace and court.
The mentions of Abul Fazl regarding
the historical developments of Ladakh
show that Ladakh was not only the region
of attraction for the indigenous popula-
tion, but the people of literary back-
grounds living far from Ladakh also
treated it as a source of widening the
scope of their works. It is well established
fact that the Mughal emperors of India
believed in the multi-culturism. They
made it point to acquire the knowledge
of the cultural identities of Ladakh and
propagate them through their literary
works.
Epilogue, September 2010
COLUMN
Random Notes
The Dual Existence
In Kashmir
MANISHA SOBHRAJANI
I
magine a scenario where there is a
state-imposed curfew; the streets are
deserted but for the heavy presence
of security forces; schools and colleges
are closed and the only visitors to these
places are stray dogs and birds; offices,
shops and places of public gathering
remain shrouded in deathly silence which
is only broken by the piercing sounds of
bullets and bombs. Just that people liv-
ing in the Valley don't need to imagine
the scenario: they have been living it for
almost a month now. And over the years,
having lived through such circumstances
many times over, have gotten used to it
(if it is possible to get used to 'disharmony'
in every possible sense of the word).
In the midst of such an existence,
what happens if a family runs out of cook-
ing gas or some basic amenity like milk,
sugar or vegetables? What if there is an
electric short-circuit in the house, but
since there is a curfew, the household can-
not expect the services of an electrician
(assuming there is power supply in the
Valley!)? What if a family needs to travel
urgently for whatever reason? What if
there is some bank work which is of
utmost importance? What if there is no
fodder for the animals? And what if
there is a medical emergency?
The last question on the list can be
dealt with thus (these are true incidents
which happened very recently in the
Valley). A person goes out to visit an ailing
family member in the hospital (who must
have been in hospital prior to the cur-
few). He is stopped by the security
forces, and told that he cannot go. He
insists on going because according to him,
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it is imperative to make that visit. What
if the family member needs something?
The security forces are adamant, and
when the man does not seem to heed
their advice, he is beaten up. And he is
beaten up so brutally that he has to be
admitted in the same hospital himself.
Whether he is then able to meet with his
family member is anybody's guess.
On the other hand, there is a family
which is divided (physically, in terms of
distance and proximity): part of it is set-
tled in the Valley and part of it is in
Bangalore. The mother in the family falls
ill. Since there is a curfew in the city, it is
impossible to get a check-up done, fol-
lowed by various investigative medical
tests. So the family decides to take the
mother to Bangalore (making the most
of the few relaxed hours in the curfew,
when it is permissible to move around).
All check-ups and investigations done,
and a treatment and medicines pre-
scribed, the mother returns to the Valley.
Good for the family, especially the
mother, that they were able to afford this
exercise without any mishaps. Ordinary
people in the Valley are not so lucky.
In the course of a 'normal' life, a per-
son would have an idea of what he or she
is likely to do over the span of the next
few days. The more enthusiastic and
organised would perhaps maintain a diary
of their engagements and a list of 'things
to do'. But for those living in the Valley,
this game, too, is played differently. One
is not sure how an individual's personal
diary might read in the times of curfew
and no-movement, but there is a differ-
ent kind of 'public' schedule which is
Vol. 4, Issue 9
54
handed over to them. The Hurriyat, I am
told, prepares a weekly schedule which is
passed on through newspapers, the
internet, and in some cases through indi-
vidual distribution. This schedule reads
something like this: Monday – A dharna by
the students' association to protest
against the brutality by the security
forces; Tuesday -- Idgah chalo;
Wednesday – Women to protest against
rising prices... and so on. According to
latest reports, the All Parties Hurriyat
Conference leader Mirwaiz Umar
Farooq has asked the Organisation of
Islamic Countries (OIC) to intervene in
Jammu & Kashmir to ensure that the
state's Muslims are not stopped from
attending Friday prayer congregations.
No mass prayers have been allowed in
the past month at the old city's Jamia
Masjid.
As an outsider (a non-Kashmiri, who
feels that Kashmir is her 'calling' in life),
one wonders what can be done while wit-
nessing the various acts of this play called
'Kashmir' unfold. I am reminded of these
lines penned by Rajmohan Gandhi in a
play called 'Dara Shukoh' (soon to be pub-
lished by Westland/ Tranquebar) where
the Mughal prince Dara talks to his wife,
princess Nadira:
Take our Peri Mahal
Mist-veiled, in Srinagar
That monument ethereal
Which overlooks the Dal from a spur.
Within the lake's placid waters
Murders take place by the minute.
Fish eat fish; are eaten by others.
Violence marks every thing in it.
Epilogue, September 2010
55 COLUMN
Random Notes

fall on the Indian side, and not in 'No

Living in between... Man's Land'. The fact that these villages
are outside the Army's 'protective' fenc-
ing has given rise to immense problems
R ecently, Indian Prime Minister
Manmohan Singh, in his opening
remarks while addressing the meeting
exfiltration attempts, and is acting as
an effective deterrent against terror-
ists. However, Pakistan has, from time
for the locals belonging to these villages
— since their land has been divided by
to time, claimed that the fencing activ- the fencing, they have to traverse long
of all-party delegation from Jammu &
ity undertaken by India along the distances just to till one piece of land;
Kashmir, said: 'I am convinced that the
International Border (IB) and LoC is in the fence can be crossed only at proper
only way forward in Jammu and Kashmir
violation of the Simla Agreement and gates on roads, which are located at a
is along the path of dialogue and recon-
the December 1972 Agreement on the distance of 500 metres to a kilometre;
ciliation ... But I recognize that the key
delineation of the LoC. the gates open and close at fixed times;
to the problem is a political solution
When I first chanced upon the Army and the villagers have to keep their ID
that addresses the alienation and emo-
fencing during my initial years of work- cards on their person all the time. There
tional needs of the people. This can only
ing in J&K, my naive mind mistook it as is severe checking at the various gates,
be achieved through a sustained inter-
the elusive LoC itself! To me, it was and only after several rounds of checks
nal and external dialogue. We are ready
unimaginable that the formidable, ugly, are the villagers allowed to move about.
for this. We are willing to discuss all
fierce-looking fencing could be any- Naturally, this is extremely inconve-
issues within the bounds of our demo-
thing else other than the LoC. This was nient and humiliating for the people.
cratic processes and framework.'
in the Nowshera sector of district Also, there is an overwhelming
I would like to draw the attention
Rajouri, Jammu region. Since then, I fear in the locals that if there is a settle-
of the Prime Minister to those villages in
have been to many such areas where a ment of Kashmir between India and
border districts in Jammu & Kashmir
number of villages lie outside the Army Pakistan, India will give away these vil-
which are sandwiched between the Line
fencing. lages outside the Army fencing to
of Control (Loc) and the Army fencing.
The decision to start fencing was Pakistan. This, of course, is a source of
These villages have long been
based on practical considerations. The great anxiety and worry for them.
neglected, and in the outer world (out-
fencing had to follow natural topogra- Some villages which fall outside
side J&K), not many know that there are
phy and strategic considerations. The the Army fencing:
areas which are part of Indian-
construction work had begun before the Makri, Seri, Manika Maha Dev,
administered-Kashmir but lie outside
26 November 2003 ceasefire between Laam, Kalsian, Jhangar and Bhawani in
the 'protective' fencing painstakingly
India and Pakistan, and thus, the the Nowshera sector of Rajouri district
built by the Army over many years and
jawaans involved in the construction of Sekhlu area (which has been bifur-
cost unfathomable amounts of money.
the fencing were direct targets of cated by the LoC), Haveli Assembly seg-
Pakistan-sponsored terrorism in
Pakistani firing. The area to be fenced ment and Shahpur Panchayat of Poonch
Indian Kashmir led to the Indian Army's
was marked keeping in view the fact district
decision to build a fencing along the 734
that the soldiers would get the neces- Hathlanga, Chiranda and Silikut vil-
kilometres of the 742-long LoC between
sary cover in the form of small geo- lages of Uri sector of Baramulla district
India and Pakistan. Started in the year
graphical features like hills to avoid Chatkadiyan village (which has been
2003, the fencing was built at a cost of
casualties. For reasons such as these, bifurcated by the LoC) in the Tangdhar Valley
Rs 35 lakh per kilometre. The fencing
the fencing does not exactly coincide There is a need not just to under-
comprises 12-feet high Y-shaped pillars,
with the LoC. stand but also to address the social, cul-
connected with barbed wiring, and with
As a result, there is a distance of tural, political, and economic hardships
concrete flooring and flood lights fit-
approximately 2 - 3 kilometres (at cer- the villagers face in their day-to-day
ting. The total cost of erecting the fenc-
tain points, the distance is more) lives. It is no surprise that the people
ing was a whopping Rs 351 crore.
between the fencing and the LoC. And living in these areas feel alienated, dis-
According to the Army, the fencing
sandwiched between the two lines are criminated against, and left to fend for
has enhanced the Army's capability to
about 30 odd villages, which practically themselves.
detect and intercept infiltration and

www.epilogue.in Vol. 4, Issue 9 Epilogue, September 2010

 Greetings
on
64th Independence Day No. : DIP/J-5479-P

J&K Government, Department of Information & Public Relations

 Help
Rebuild Leh

Can We Afford Leaving The Land of Moon

And Its Innocent People in Pain and Ruins? No.
Donate Generously to
Deputy Commissioner’s Relief Fund
Account #
0069040500001019
(J&K Bank, Branch Leh)
Swift : JAKAINBBSRG IFSC : JAKAOPRIEST
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Epilogue