Sharing
of Ganges Water
Bangladesh constitutes
one of the largest deltaic regions
of the world receiving alluvial deposits
of no less than 230 rivers including
58 international rivers. Of the international
rivers, 55 flow from India and 3 from
Myanmar. The total area flushed by
the tributaries of the Ganges, the
brahmaputra and the meghna is about
1.72 million square kilometre. Seven
percent of this area falls in Bangladesh.
Abundance of water
in the flood season of June-October
inundating about a fourth of the country's
landmass, and its scarcity in the
November-May dry season reducing the
flows of most rivers, greatly influence
the life of the people. Being the
lower riparian, Bangladesh has no
control over the flows of these rivers.
The Ganges, originating
from the glaciers of the Himalayas
at a height of about 7,000 metres,
flows 2,550 km down through the Indian
states of Uttar Pradesh, Bihar and
west bengal before joining the Jamuna
(Brahmaputra) at Goalandaghat in Bangladesh.
Its length in Bangladesh is 260 km.
It flushes a total area of 1,087,001
sq km of which 860,000 sq km falls
in India, 147,181 sq km in Nepal,
33,520 sq km in China and 46,300 sq
km in Bangladesh. The Indian plan
of building a barrage at
Farakka was first revealed in
1951, and since then Pakistan government
began to point out its likely adverse
effects on East Pakistan.
The liberation of
Bangladesh in December 1971 opened
new avenues of friendship and cooperation
with India, and the government of
the new country lost no time in taking
up the issue of sharing the Ganges
water. The Bangladesh Prime Minister
Bangabandhu sheikh mujibur rahman
and the Indian Prime Minister Indira
Gandhi made a joint declaration on
19 March 1972 to set up a permanent
joint river commission to ensure an
equitable sharing of the water resources
of the region. In pursuit of that
declaration a Joint River Commission
was formed in November 1972.
The commission would
make joint endeavours to derive the
maximum benefits out of the common
rivers, recommend plans for flood
control and their joint implementation,
recommend detailed measures for forecasting
floods and cyclones, and conduct surveys
for projects of flood control and
irrigation on the basis of equitable
sharing of the water resources. In
May 1974, the prime ministers of the
two countries in a joint declaration
acknowledged that there was a need
to augment the dry season flow of
the Ganges at Farakka to meet the
full requirement of Bangladesh and
of Kolkata port, and that an acceptable
agreement would be reached between
the two countries before the farakka
barrage was put into operation. Early
in 1975, an interim agreement was
signed to allow India to operate the
feeder canals of the barrage experimentally
for 41 days from April 21 to May 31.
In 1976 and 1977,
India unilaterally withdrew the Ganges
water despite strong protests from
Bangladesh. The efforts at negotiation
broke down in September 1976, and
Bangladesh decided to internationalise
the issue. It was first raised at
the Islamic Foreign Ministers' Conference
in Istambul in May 1976, and then
at the summit of Non-Aligned Movement
(NAM) in Colombo in August of the
same year. Bangladesh's decision to
raise the issue at the 31st session
of the UN General Assembly in 1976
led to a flurry of diplomatic activities.
At the request of Senegal, Australia,
and Sri Lanka, the Political Committee
of UN General Assembly urged upon
India and Bangladesh to settle the
issue amicably. At the initiative
of Syria, Egypt, Sri Lanka, Algeria
and Guyana, both India and Bangladesh
agreed to sit at Dhaka for talks.
But negotiations produced no positive
results.
Following the formation
of the Janata Dal government in Delhi
a more favourable atmosphere for talks
was created and in November 1977,
a five-year treaty with the ziaur
rahman government of Bangladesh on
water sharing was concluded. The term
of the treaty expired in 1982. On
4 October 1982, the government of
General hussain muhammad ershad signed
with India a memorandum of understanding
on water sharing for two years.
On 22 November 1985
another understanding for three years
was signed. As still there was no
agreement on augmenting the flow,
India did not agree to a further extension
of the accord. India reduced the river's
dry season flow for Bangladesh in
1993 to lower than 10,000 cusec in
place of around 34,500 cusec in the
last accord. In the absence of an
agreement, India continued to deprive
Bangladesh of its rightful share of
the Ganges water. As there was little
progress in negotiations with India,
the BNP government raised the issue
once more at the UN General Assembly.
In October 1993, it was also raised
at the commonwealth summit in Cyprus.
Following the formation
of the Awami League government, negotiations
resumed and finally, a 30-year treaty
on sharing of the Ganges water was
signed between India and Bangladesh
on 12 December 1996 in New Delhi.
According to the treaty, the Ganges
water would be distributed from Farakka
for the two countries between January
1 and May 31 each year on the basis
of an agreed formula, and that India
would make every effort to maintain
the flow at Farakka at the average
level of previous 40 years. At any
critical period Bangladesh would get
the guaranteed flow of 35,000 cusec.
The two countries also agreed to the
need for mutual cooperation in augmenting
the flow of the Ganges on a long-term
basis, and for entering into similar
accords in sharing the flows of other
common rivers.
This long-term treaty
defined for the first time India's
pre-condition for augmenting the flow
of the Ganges and established Bangladesh's
right as a lower riparian to an equitable
share of its existing flow. It removed
the tense relation between the two
countries, and opened the way for
their wider cooperation in sharing
the water resources of the entire
region.
The implementation
of the treaty has the prospect of
allowing Bangladesh to receive a fairly
good flow of water into the Ganges-Kobadak
Irrigation Project in greater Kushtia
and into the Gorai river that drains
the southwestern districts, thereby
saving agriculture, aquaculture, industries
and the world's largest mangrove forests
in sundarbans by preventing salinity
from the Bay of Bengal. It has also
opened the way for Bangladesh to build
a barrage on its segment of the Ganges
to make a judicious use of the lean
season flow coming from upstream.
Ganges
Water Sharing Treaty
Treaty Between the
government of the Republic of India
and the government of the People’s
Republic of Bangladesh on Sharing
of the Ganga/Ganges Waters at Farakka.
Signed on December
12, 1996.
The Government of
the Republic of India and the Government
of the People’s Republic of
Bangladesh,
Determined to promote
and strengthen their relations of
friendship and good neighbourliness,
Inspired by the common
desire of promoting the well-being
of their people,
Being desirous of
sharing by mutual agreement the waters
of the international rivers flowing
through the territories of the two
countries and of making the optimum
utilisation of the water resources
of their region in the fields of flood
management, irrigation, river basin
development and generation of hydro-power
for the mutual benefit of the peoples
of the two countries,
Recognizing that
the need for making an arrangement
for sharing of the Gaga/Ganges waters
at Farakka in a spirit of mutual accommodation
and the need for a solution to the
long-term problem of augmenting the
flows of the Ganga/Ganges are in the
mutual interests of the peoples of
the two countries,
Being desirous of
finding a fair and just solution without
affecting the rights and entitlements
of either country other than those
covered by this Treaty, or establishing
any genera principles of law or precedent,
Have agreed as Follows:
Article –I
The quantum of waters
agreed to be relased by India to Bangladesh
will be at Farakka
Article II:
The sharing between
India and Bangladesh of the Ganga/Ganges
waters at Farakka by ten day periods
from the 1st January to the 31st May
every year will be with reference
to the formula at Annexure I and an
indicative schedule giving the implications
of the sharing arrangement under Annexure
I is at Annexure II.
The indicative schedule at Annexure
II, as referred to in sub para (i)
above, is based on 40 years (1949-1988)
10-day period average availability
of water at Farakka. Every effort
would be made by the upper riparian
to protect flows of water at Farakka
as in the 40-years average availability
as mentioned above.
In the event flow at Faraka falls
below 50,000 cusecs in any 10-day
period, the two governments will enter
into immediate consultations to make
adjustments on an emergency basis,
in accordance with the principles
of equity, fair play and no harm to
either party.
Article –III
The waters released
to Bangladesh at Farakka under Article
–I shall not be reduced below
Farakka, except for reasonable uses
of waters, not exceeding 200 cusecs,
by India between Farakka and the point
on the Ganga/Ganges where both its
banks are in Bangladesh.
Article –IV
A Committee consisting
of representatives appointed by the
two Governments in equal numbers (hereinafter
called the Joint Committee) shall
be constituted following the signing
of the Treaty. The Joint Committee
shall set up suitable teams at Farakka
and Hardinge Bridge to observe and
record at Farakka the daily flow below
Farakka barrage, in the Feeder canal,
at the Navigation Lock, as well as
at the Hardinge Bridge.
Article –V
The Joint Committee
shall decide its own procedure and
method of functioning.
Article –VI
The Joint Committee
shall submit to the two Governments
all data collected by it and shall
also submit a yearly report to both
the governments. Following submission
of the reports the two Governments
will meet at appropriate levels to
decide upon such further actions as
may be needed.
Article –VII
The Joint Committee
shall be responsible for implementing
the arrangements contained in this
Treaty and examining any difficulty
arising out of the implementation
of the above arrangements and of the
operation of the Farakka Barrage.
Any difference or dispute arising
in this regard, if not resolved by
the Joint Committee, shall be referred
to the Indo-Bangladesh Joint Rivers
Commission. If the difference or dispute
still remains unresolved, it shall
be referred to the two governments
which shall meet urgently at the appropriate
level to resolve it by mutual discussion.
Article –VIII
The two Governments
recognise the need to cooperate with
each other in finding a solution to
the long term problem of augmenting
the flows of the Ganga/Ganges during
the dry season.
Article –IX
Guided by the principles
of equity, fairness and no harm to
either party, both the Governments
agree to conclude water sharing Treaties/Agreements
with regard to other common rivers.
Article –X
The sharing arrangements
under this Treaty shall be reviewed
by the two Governments at five years
interval or earlier, as required by
either party and needed adjustments,
based on principles of equity, fairness
and no harm to either party made thereto,
if necessary. It would be open to
either party to seek the first review
after two years to assess the impact
and working of the sharing arrangements
as contained in this Treaty.
Article –XI
For the period of
this Treaty, in the absence of mutual
agreement on adjustments following
review as mentioned in Article X,
India shall release downstream of
Farakka Barrage, water at a rate not
less than 90% (ninety percent) of
Bangladesh’s share according
to the formula referred to in Article
II, until such time as mutually agreed
flows are decided upon.
Article –XII
This Treaty shall
enter into force upon signatures and
shall remain in force for a period
of thirty years and it shall be renewable
on the basis of mutual consent.
In witness whereof
the undersigned, being duly authorised
thereto by the respective Governments,
have signed this Treaty.
Done at New Delhi,
12th December, 1996, in Hindi, Bangla
and English languages. In the event
of any conflict between the texts,
the English text shall prevail.
Signed: the Prime
Minister of the Republic of India;
the Prime Minister of the People’s
Republic of Bangladesh.
Annexure –I
| Availability
at Farakka |
Share
of India |
Share
of Bangladesh |
| 70,000 cusecs
or less |
50% |
50% |
| 70,000-75,000
cusecs |
Balance of flow |
35,000 cusecs |
| 75,000 cusecs
or more |
40,000 cusecs |
Balance of flow |
Subject to the condition that India
and Bangladesh each shall receive
guaranteed 35,000 cusecs of water
in alternative three 10-day periods
during the period March 1 to May 10.
Annexure –II
(Indicative schedule giving the implications
of the sharing arrangement under Annexure-I
for the period 1st January to 31st
May). Figures in cusecs.
| Period |
Average
of Actual Flow (1949-1988) |
India’s
Share |
Bangladesh’s
Share |
| January |
|
|
|
| 1-10 |
107,516 |
40,000 |
67,516 |
| 11-20 |
97,673 |
40,000 |
57,673 |
| 21-31 |
90,154 |
40,000 |
50,154 |
| |
|
|
|
| February |
|
|
|
| 1-10 |
86,323 |
40,000 |
46,323 |
| 11-20 |
82,839 |
40,000 |
42,839 |
| 21-28 |
79,106 |
40,000 |
39,106 |
| |
|
|
|
| March |
|
|
|
| 1-10 |
74,419 |
39,419 |
35,000 |
| 11-20 |
68,931 |
33,931 |
35,000 |
| 21-31 |
63,688 |
35,000 |
29,688 |
| |
|
|
|
| April |
|
|
|
| 1-10 |
63,180 |
28,180 |
35,000 |
| 11-20 |
62,633 |
35,000 |
27,633 |
| 21-30 |
60,992 |
25,992 |
35,000 |
| |
|
|
|
| May |
|
|
|
| 1-10 |
67,251 |
35,000 |
32,351 |
| 11-20 |
73,590 |
38,590 |
35,000 |
| 21-31 |
81,834 |
40,000 |
41,854 |