Observe Riparian Law, West Bengal

Amid the optimistic expectation of the Teesta water-sharing treaty, Mamata Banerjee, the chief minister of West Bengal, in a letter expressed her “deep anguish” over her state's being excluded from ongoing talks with Dhaka regarding the Teesta water-sharing agreement.

In a letter to Narendra Modi, Mamata urged against entering into Teesta water sharing treaty with Bangladesh as, she said,“Water flow in the Teesta has gone down over the years. It is estimated that if any more water is shared with Bangladesh, lakhs [hundreds of thousands] of people in North Bengal will get severely impacted due to inadequate availability of irrigation water. In addition, Teesta water is needed for meeting drinking water requirements in North Bengal. It is therefore not feasible to share Teesta waters with Bangladesh.”

This stance has raised concerns that Mamata is obstructing Bangladesh's equitable and reasonable utilization of the Teesta waters, as mandated by international water law, and hindering cooperation between the two countries. Her resistance echoes previous impediments, notably in September 2011 when a proposed agreement allocating 37.5 percent of Teesta waters to Bangladesh was blocked by Mamata's objections, prioritizing West Bengal's needs over Bangladesh's rightful share.

Mamata's continuous resistance and the diversion of Teesta water though the Teesta-Mahananda link canal along with climate change and hydropower projects have caused the Teesta to dry up in Bangladesh during dry season, causing severe hardship for the farmers of Northern Bangladesh who depend on its water.

Furthermore, excessive release of water during rainy season creates severe flooding in Northern Bangladesh, adversely affecting the economy, livelihoods, and ecosystems and causing loss of crops. Bangladesh's continuous and urgent pleas for finalizing the long-awaited Teesta River water-sharing treaty have been met with an indifferent and dismissive response from India.

At a time when the central government of India seeks to advance positvely toward the Teesta water-sharing treaty, Mamata's adamant position not to share any water with Bangladesh and to refrain from entering into any agreement threatens to undermine diplomatic efforts and future compliance with international law regarding equitable water-sharing and cooperation.

Mamata's stubborn opposition to the Teesta water-sharing treaty presents a significant threat to the principles of international water law, potentially violating the rights of Bangladesh and undermining efforts for regional cooperation and stability.

The principle of equitable and reasonable utilization mandates that all riparian states have fair access to shared water resources. This norm is considered customary international law , reflecting a consensus among states on managing transboundary watercourses to ensure sustainability and fairness.

Mamata Banerjee's clear statemen that“It is not feasible to share Teesta water with Bangladesh because the water is required for irrigation and drinking for the people of northern part of West Bengal” contravenes this principle, obstructing Bangladesh's right to an equitable share of the Teesta waters. By prioritizing West Bengal's needs over those of Bangladesh, her stance undermines the balanced and fair water distribution essential under international norms. This non-cooperative approach threatens to violate the customary nature of equitable and reasonable utilization, which aims to prevent significant harm and ensure mutual benefits for all riparian states involved.

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Mamata's adamant position of not engaging in the Teesta water-sharing treaty with Bangladesh starkly contravenes the principle of cooperation under international water law. This principle mandates that riparian states are duty bound to collaborate to manage shared water resources equitably and sustainably. Such cooperation involves active participation in negotiations and information exchange, crucial for preventing and mitigating disputes.

This duty is fundamental for effective 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 fosters unilateral actions that violate the substantive obligation of good faith cooperation outlined in IWL. This not only disrupts the legal framework but also jeopardizes regional harmony and sustainable development. Thus, Mamata's position undermines the core principles of international water diplomacy, threatening both equitable resource management and regional stability.

Beyond fulfilling its obligations under international law, the Teesta water-sharing treaty offers India several strategic benefits.

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 move would reinforce India's role as a reliable regional partner and demonstrate its commitment to resolving longstanding bilateral issues through diplomacy and cooperation.

Amid this domestic resistance, India must weigh its geopolitical considerations and broader strategic interests to move forward constructively.

Md. Jahid-Al-Mamun is a lecturer in the Department of Law at the University of Dhaka.

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