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The IUP Journal of Law Review :
Transboundary Rivers, International Law and India’s Water Security
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This paper is an attempt to examine India’s water security in the present scenario of its fast dwindling water resources and aggressive posturing by China which plans to subvert Brahmaputra waters. This paper critically examines the treaties that India has so far entered into with its neighbors regarding the use of its transboundary river waters, their applicability to the water sharing conflict with China, various doctrines including the Helsinki Rules and the UN Convention of 1997, how they have been adhered to and used by different countries as well as how they can be invoked to meet India’s water security.

 
 
 

Of all the natural resources on which the human race depends, the availability of water and its demand is the most critical. Water is used to fuel all facets of society—from biology and economy to aesthetics and spiritual practice. Water is an integral part of ecosystems, interwoven with the soil, air, flora and fauna.1 Water consumption globally has risen tenfold since 1990 and many parts of the world are now reaching the limits of their supply. The United Nations Educational, Scientific, and Cultural Organization (UNESCO) has predicted that by 2020 water shortages would pose serious problems worldwide. So water will be the next big challenge for many economies, particularly Asian economies, as Asia is the world’s driest continent. The demand-supply gap is growing rapidly in many Asian countries like China, India, South Korea, Japan and Vietnam.

India has around 16% of the world’s population, 2.45% of the world’s land resources and 4% of the world’s water resources.2 The average flow in the rivers is 1869 billion cubic meters, and the per capita availability is 1820 cubic meters. About 5.5% of the geographical area and 7.6% of the population of the country is under absolute scarcity, which means water availability is less than 500 cubic meters per head.

The per capita availability of water is likely to decline to about 1341 cubic meters by the year 2025. Another way to look at it is, annual requirement of fresh water for various sectors in the country will be about 1093 billion cubic meters by 2025 A.D., which will almost be at par with the requirements of the country.3 Further, the Himalayan glaciers are severely affected due to global warming. Unless we act quickly, there is the danger of severe drinking water shortage.4 So India certainly faces a turbulent water future.

 
 
 

Law Review Journal, Protection, Transboundary, Rivers, International Law, Water Security, The United Nations Educational, Scientific, and Cultural Organization (UNESCO), Joint River Commission (JRC).