Sheikh Hasina, the prime minister of Bangladesh, and Narendra Modi, her Indian counterpart, just signed 10 notes of knowledge, including three new ones, and three renewed ones, to further strengthen the relationship between the two neighbors. But, Sheikh Hasina’s four-day visit to India ended without a milestone in the pending Teesta Water Sharing Treaty.
However, Narendra Modi stated in a press release that” a technical staff will quickly explore Bangladesh to explore protection and control of the Teesta River in Bangladesh.” Sheikh Hasina, on the other hand, has expressed her assumption about the Teesta River as she said,” We hope that all remarkable issues, including the Teesta Water-Sharing Treaty, may be concluded at an early time”.
These two prime minister’s remarks indicate that the agreement will be the subject of serious discussions between Delhi and Dhaka.
Although the past of Teesta negotiations, which began in 1947, just after the separation, has not yet been successful due to India’s non-cooperation, this period the political situation in South Asia compels India to join the table.
India has expressed its interest in financing the Teesta River job, mainly to counter China’s growing effect in Bangladesh. By investing in this task, India aims to reduce Bangladesh’s dependent on Chinese opportunities, thus maintaining its regional hegemony and strengthening diplomatic relations with Bangladesh.
Although both China and India are interested in funding the Teesta River task, India’s dedication to a water-sharing agreement with Bangladesh may enhance both India’s strategic and political standing in the region by ensuring local stability and preventing Chinese influence. Because it addresses longtime local water problems, India’s involvement is more significant than China’s, which directly affects both countries ‘ agricultural and financial stability. Also, as the Teesta is a transnational valley between India and Bangladesh, effective management of the Teesta will not be achievable without India’s assistance.
Amid the positive expectation of the Teesta water-sharing convention, Mamata Banerjee, the deputy minister of West Bengal, in a text expressed her “deep pain” over her country’s being excluded from ongoing conversations with Dhaka regarding the Teesta water-sharing deal.
Mamata urged Bangladesh to sign a Teesta water sharing agreement in a letter to Narendra Modi, saying that” the Teesta has seen a decrease in water flowing over the years.” If Bangladesh receives any more water, it is estimated that crore [hundreds of thousands ] of people in North Bengal may be severely impacted by the lack of water water. Teesta waters is also required to supply North Bengal’s having water needs. Thus, it is impossible to discuss Teesta lakes with Bangladesh.
This position has raised concerns that Mamata is preventing cooperation between the two nations by preventing Bangladesh from using Teesta waters in an equitable and reasonable manner, as required by international waters rules. Her weight echoes past obstacles, somewhat in September 2011 when a proposed deal allocating 37.5 percentage of Teesta lakes to Bangladesh was blocked by Mamata’s concerns, prioritizing West Bengal’s needs over Bangladesh’s legitimate communicate.
The Teesta has been clean in Bangladesh during the dry season, causing severe pain for the farmers in Northern Bangladesh who rely on its water because of Mamata’s persistent resistance and the canal’s drainage through the Teesta-Mahananda hyperlink canal in addition to climate change and hydropower projects.
However, excessive release of water during rainy season creates severe flooding in Northern Bangladesh, severely affecting the economy, lives, and communities and causing damage of crops. India has responded to Bangladesh’s persistent and urgent pleas for the finalization of the long-awaited Teesta River water-sharing treaty with an indifferent and dismissive response.
Mamata’s steadfast commitment to not share any water with Bangladesh and refrain from entering any agreement threatens to undermine diplomatic efforts and upcoming international law compliance with equitable water-sharing and cooperation at a time when the central government of India seeks to advance positively toward the Teesta water-sharing treaty.
The Teesta water-sharing treaty is a significant threat to the fundamentals of international water law due to Mamata’s unwavering opposition to it, which could stifle Bangladesh’s human rights and efforts to promote regional cohesion and stability.
All riparian states must have equal access to shared water resources in accordance with the principle of equitable and reasonable use. This rule is regarded as customary international law, reflecting a state-wide consensus regarding transboundary watercourse management and fairness and sustainability.
The statement made by Mamata Banerjee that” It is not feasible to share Teesta water with Bangladesh because the people of the northern region of West Bengal need the water for irrigation and drinking” is contrary to this principle, obstructing Bangladesh’s right to an equitable share of the Teesta waters. Her stance undermines the need for a balanced and equitable water distribution, which is required by international standards, by placing West Bengal’s needs before Bangladesh’s needs. This cooperative approach risks going against the customary practice of just and equitable use, which seeks to avoid significant harm and ensure the interests of all involved riparian states.
Mamata’s steadfast defense of not participating in the Teesta water-sharing treaty with Bangladesh is in stark violation of international water law’s principle of cooperation. Riparian states are required to work together to manage shared water resources in an equitable and sustainable manner under the guidance of this principle. This kind of cooperation requires active participation in discussions and the exchange of information, which are necessary to avoid and settle disputes.
This obligation is essential to sustainable water management and regional stability. By prioritizing West Bengal’s interests over Bangladesh’s, Banerjee obstructs the necessary dialogue for mutual understanding and compromise. Her stance encourages unilateral actions that go against the IWL’s fundamental requirement of good faith cooperation. This jeopardizes regional harmony and sustainable development as well as severing the legal framework. Thus, Mamata’s position undermines the core principles of international water diplomacy, threatening both equitable resource management and regional stability.
The Teesta Water-Shared Treaty offers India a number of strategic advantages in addition to fulfilling its obligations under international law.
From a geopolitical perspective, India must consider the growing influence of China in Bangladesh. China has been actively investing in Bangladesh’s infrastructure, including the Teesta River project, under its Belt and Road Initiative. By entering into a water-sharing treaty with Bangladesh, India can counterbalance China’s influence, strengthening its strategic position in South Asia. This action would strengthen India’s reputation as a trustworthy regional partner and show its commitment to diplomatic and cooperative resolution of long-standing bilateral disputes.
India must weigh its geopolitical considerations and broader strategic interests in the face of this domestic opposition in order to move forward.
Md. The University of Dhaka’s Department of Law is where Jahid-Al-Mamun teaches.