New Delhi: India has firmly rejected an order from the Permanent Court of Arbitration (PCA) that questioned its decision to suspend the Indus Waters Treaty (IWT) with Pakistan. The Ministry of External Affairs stated that the arbitration court is an “illegally-constituted” body with no authority to comment on India’s sovereign decisions, asserting that New Delhi’s stance to hold the treaty in abeyance remains in effect.
The Chenab Times has learned that India had previously decided to put the IWT on hold as a retaliatory measure following the Pahalgam militant attack in April last year, which resulted in the deaths of 26 civilians. Pakistan had approached the PCA in The Hague in March this year, seeking to challenge India’s action and determine the treaty’s status.
Rejection of Arbitral Award
The Ministry of External Affairs issued a statement on Monday, characterising the PCA’s pronouncement as an “award concerning Interim Measures and Status of the Indus Waters Treaty.” The ministry reiterated India’s long-standing position, stating that the arbitration court was established by the World Bank in violation of the treaty’s terms. India categorically rejects the court’s “so-called award” and all its prior pronouncements, maintaining that it has never recognised the legal existence of this body. The establishment of the arbitral body itself is considered by India to be a grave violation of the Indus Waters Treaty.
India has consistently refused to participate in proceedings before the PCA, declining to acknowledge any of its earlier rulings. The MEA emphasised that the Court of Arbitration possesses no jurisdiction to rule on India’s sovereign decisions. Consequently, any pronouncements made by the court, either currently or in the future, will have no bearing on India’s actions concerning ongoing projects.
Hydropower Projects and Treaty Provisions
In recent months, India has accelerated work on several hydropower projects located in the Jammu and Kashmir region, projects which Pakistan had previously opposed under the framework of the 1960 Indus Waters Treaty. The PCA, in its statement, noted that it considered the meaning of India’s decision to suspend the treaty, concluding that it could only imply a claim that the IWT is either suspended or terminated. The court examined potential grounds for India to suspend or terminate the treaty, including those cited in New Delhi’s public statements.
The Permanent Court of Arbitration, in a unanimous decision, found that none of the grounds presented by India justified the suspension or termination of the treaty. The court declared that the Indus Waters Treaty remains fully in force, and India is obligated to adhere to its provisions, including those pertaining to the design and operation of its hydroelectric projects on the Western Rivers.
Cross-Border Terrorism and Treaty Obligations
India has maintained that the Indus Waters Treaty will continue to be held in abeyance until Pakistan demonstrably and permanently ceases its support for cross-border militancy. The court acknowledged that while India did not participate in the proceedings by submitting written or oral arguments, it took into account India’s positions as discernible from its statements and conduct outside the arbitration process. This included communications to Pakistan, the neutral expert, and public statements made by Indian officials.
The court also noted that it had “extremely seriously” examined India’s allegation that Pakistan’s sponsorship of cross-border militancy had hindered its utilisation of rights under the Indus Waters Treaty. However, the court concluded that even if India’s allegations were assumed to be true, they would not constitute a material breach of the treaty by Pakistan. The court’s reasoning highlighted that the treaty does not address terrorism or the use of force, explicitly stating that it governs solely the rights and obligations of the parties concerning the use of the waters of the Indus Rivers System.
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The Chenab Times News Desk
