Water, Borders & Agreements: Legal Perspectives on India–Pakistan Treaties

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Pune, (Maharashtra), [India], May 15, 2025: Rest The Case, a leading legal platform, recently held an impactful panel discussion addressing the question, “Water, Borders & Agreements: Legal Perspectives on India–Pakistan Treaties.” The event brought together prominent legal experts to discuss the concept of the India–Pakistan Treaties within the Indian legal system, exploring both legal and societal dimensions of the topic.

The distinguished panel included Advocate Sujit Mashal (a legal professional with expertise in civil, criminal, real estate, banking & finance, Company Law, PMLA, family disputes, bail, and economic offenses) and Advocate Ravi Teja Indarap (a legal specialist with proficiency in civil, criminal, and commercial law). Together, they shared insights on challenges surrounding the legalities of the Water, Borders & Agreements: Legal Perspectives on India–Pakistan Treaties, emphasizing the need for robust infrastructure, policy alignment, and capacity building.

This panel discussion centered on the legal significance of treaties between India and Pakistan, particularly the Indus Water Treaty and the Simla Agreement, against the backdrop of current tensions. The panelists clarified that these are bilateral treaties, drawing their structure from international conventions like the Vienna Convention, and are intended for mutual cooperation and dispute resolution.

The Indus Water Treaty (1960), brokered by the World Bank, addressed water sharing of the Indus basin post-partition, allocating western tributaries to Pakistan with restricted Indian usage and eastern tributaries to India with similar Pakistani restrictions. The Simla Agreement (1972), a consequence of the Bangladesh Liberation War, emphasized bilateral resolution of disputes, notably with Pakistan’s recognition of the Line of Control (LOC) in Kashmir.

Miss Shreya Sharma (Founder and Director of Rest The Case) pointed out the role of international bodies like the International Court of Justice (ICJ) and the United Nations. She emphasized that the ICJ’s jurisdiction requires the consent of both parties. Unilateral approaches are generally not possible. While the UN Security Council can discuss such matters, particularly if initiated by a permanent member, neither India nor Pakistan holds that status. The Indus Water Treaty has its own internal dispute resolution mechanism involving a panel of neutral experts and commissioners from both sides, which has historically been effective.

In their concluding thoughts, the panelists acknowledged the sensitive current climate but affirmed the academic and theoretical significance of understanding these treaties.

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