Farakka Barrage and Ganges Water Sharing: Exploring Legal Approaches to Equitable and Amicable Settlement

Abstract

In this thesis, the long-running transboundary water conflict between Bangladesh and India over the Farakka Barrage is examined, along with the diplomatic and legal means of reaching a fair and long-lasting water-sharing agreement. Built by India in the 1970s to increase navigability within Calcutta Port, the barrage has drastically changed the Ganges River's flow into Bangladesh, resulting in serious environmentally friendly, agricultural, and socioeconomic damage, especially in the southwest. The disagreement is still controversial despite a bilateral treaty that was signed in 1996 and lasts for 30 years. This highlights the difficulties in managing water across borders in South Asia. Using a doctrinal as well as qualitative methodology, the study examines academic literature, policy documents, government reports, and main legal instruments like international agreements, cases, and national legislation. This paper critically evaluates the shortcomings of the current bilateral framework by looking at important international legal concepts, such as the responsibility of prior notification, the duty to prevent serious harm, and equitable and reasonable utilization. In order to suggest a more successful legal and institutional paradigm, lessons are taken from pertinent international cases including Gabčíkovo-Nagymaros (Hungary v. Slovakia), Pulp Mills (Argentina v. Uruguay), and the Silala Waters (Chile v. Bolivia). To promote long-term collaboration and regional stability, the thesis ultimately argues over a more changing, legally binding, and ecologically conscious approach to water sharing. It does this by supporting the integration of environmental assessments, the strengthening of joint river commissions, and the investigation of third-party mediation along with ADR mechanisms.