THE clear cut verdict of Permanent Court of Arbitration (PCA) on the issue of violation of Indus Water Treaty by India is a confirmation of New Delhi’s illegal move to suspend the international accord and vindication of Pakistan’s stand on the issue. The Hague-based court on Monday ordered India to uphold the Indus Waters Treaty (IWT) with Pakistan and suspend work on a hydro project in occupied Kashmir. In its order, the PCA backed Pakistan’s stance, declaring that the IWT between the two countries remained fully in force, as India had no justification for ending or suspending the agreement.
Occasional violations by India notwithstanding, the World Bank-brokered accord worked well for over six decades but India unilaterally suspended the treaty in April last year on the pretext of Pahalgam incident. Pakistan has repeatedly maintained that there was neither any provision nor justification for putting the accord in abeyance and that it will never accept denial of its water rights by India. The award of international court about status of the IWT and its decision on interim measures to the parties is a vindication of Pakistan’s principled and legal position and exposes India as a violator of the global treaty. The court unanimously concluded that “India’s decision on ‘abeyance’ of the treaty is not permissible under the treaty or other applicable rules of international law” and that “the treaty has not been terminated or its operation suspended and rather remains fully in force”. The court has clearly ruled that India remains bound by and must observe its obligations under the treaty, including those relating to design and operation of hydro-electric projects on the western rivers and associated dispute settlement.
In this backdrop, it is regrettable that India has demonstrated belligerence by rejecting the ruling claiming “its pronouncements, now or in the future, will have no effect on India’s actions in connection with the projects being undertaken by India.” This is despite the fact that tribunal reaffirmed that the treaty remained in force, rejecting arguments that either party may withdraw or suspend it without mutual consent. It said the legal framework governing the sharing of Indus river system continued to bind both India and Pakistan. Last year in August, the PCA also ruled in favour of Pakistan on issues of general interpretation of the IWT, saying that India would let flow the waters of Western rivers for Pakistan’s unrestricted use. The court says that awards of a court of arbitration and the decisions of a Neutral Expert are final and binding on both parties. The PCA has also ruled that specified exceptions for the generation of hydro-electric plants must conform strictly to requirements laid down in the IWT, rather than to what India might consider an “ideal” or “best practices” approach.
Pakistan has welcomed the findings of the court, adding it will now be giving careful consideration to detail of the award and decision, pending their publication, and how these may best assist in finding a pathway back to the parties’ engagement under the treaty in a manner that reflects binding legal obligations of both sides under the treaty. In a statement, Pakistan pointed out that the court prohibited India from concreting the RHEP dam wall and power intake structure above specified levels until 90 days after the neutral expert’s final decision, which is expected in July 2027. The court also imposed a reporting measure relating to the construction schedule until shortly after neutral expert’s final decision. In fact, the verdict leaves no doubt or ambiguity about status of the IWT and illegality of India’s move to build water reservoirs in Occupied Kashmir with stated objective of stopping ‘every drop of water’ for Pakistan as has repeatedly been claimed by Prime Minister Narendra Modi and other senior officials. As India is openly violating the treaty and seems to have no intention to show respect to verdict of the competent court and tribunal, Pakistan will have to explore additional avenues to confront New Delhi and secure its water rights.
