Following the Pahalgam attack tragedy, in which innocent lives were lost, India resolved to put the Indus Waters Treaty with Pakistan on hold. This was a bold step, but it underlines an even greater necessity: India now needs to take a clever legal approach—usually referred to as *lawfare*—to pursue its rights and defend national interests legally, not politically or militarily.
The Indus Waters Treaty, which was signed in 1960, was designed to facilitate peaceful sharing of water between India and Pakistan even in the face of conflict. But times have changed. Pakistan still supports cross-border terrorism while continuing to reap the benefits of India's scrupulous respect for the treaty. This imbalance is not only unjust but also risky, as it enables Pakistan to act against India without incurring any actual cost.
India does not need to unilaterally abrogate the treaty rashly, but it must apply international law to test its fairness and utility in the present. India can, for instance, plead that Pakistan's consistent disregard for peace and trust is against the very spirit of the treaty. India can also cite increasing water demands, climate change, and environmental strain as legitimate grounds for revising or renegotiating the accord.
There are legal weapons in its armoury. According to international laws such as the Vienna Convention, when one party continually violates trust or is hostile, the other has the right to review or even withdraw from such agreements. But to effectively do this, India will need to make a good legal and technical argument. That implies getting solid information about water use, river flows, and dam projects, and being prepared to rebut any complaint Pakistan can mount on international forums.
Establishing a specialist legal department responsible for international water law and negotiation of treaties would be a sound decision. It will enable India to protect itself calmly and professionally without falling back on emotional or impulsive action.
In short, India needs to play the long game. Military strikes can be a message, but legal weapons can win long-term gains. A wise, well-planned lawfare campaign will ensure that India holds on to its resources, keeps its international reputation intact, and holds firm against those who attempt to exploit its goodwill. It's about time we end playing defense only and begin using the law as a shield—and a sword—when required.
