PERMANENT Court of Arbitration (PCA) has issued the decision in the Indus Waters case; upholding Pakistan’s stance.
This case was about an award on issues of general interpretation of the Indus Waters Treaty (IWT) and PCA clearly said that India must generally “let flow” the waters of the Western rivers for Pakistan’s “unrestricted use”. Ministry of Foreign Affairs of Pakistan has welcomed the award rendered by the PCA with these words “In a significant finding the court has declared that India shall let flow the waters of the western rivers for Pakistan’s unrestricted use.
In that connection, the specified exceptions for generation of hydro-electric plants must conform strictly to the requirements laid down in the treaty rather than to what India might consider “an ‘ideal or best practices’ approach.” Undeniably, PCA award is a big legal victory of Pakistan in the backdrop of growing hostile approach of New Delhi. After the terrorist attack on tourists in Pahalgam which led to 26 deaths; India unilaterally held the IWT in abeyance and accused Pakistan of cross- border terrorism without any evidence. Pakistan categorically termed any attempt to suspend its water share ‘an act of war, emphasizing that IWT had no provision for unilateral suspension.
Pakistan also warned India of legal pursuance citing clear violation of the 1969 Vienna Convention on the Laws of Treaties. Prior to the issuance of detailed verdict on 8th August a supplemental award by the PCA in June 2025 clearly said that India could not unilaterally hold the treaty in abeyance. Ironically, India rejected the award in a blatant disregard to the jurisdictional authority of the PCA. A recent press release by the PCA further clarified that award rendered on 8th August was about an arbitration initiated by Pakistan against India in 2016; pursuant to Article IX and annexure ‘G’ to the IWT .
As a whole, the full text of the award and subsequent press release by PCA has exposed the bad intentions of India. PCA also pointed out the non-participation of India in arbitration proceedings vis-a-vis repeated misplaced objections on the competence of the court. PCA stated “Throughout these proceedings the court has ensured that India is fully informed in respect of the proceedings and that the opportunity to participate remains open to it. Notwithstanding this, the court has endeavored to ascertain, understand and consider India’s views, drawings on available materials including the records of commission correspondence between the parties and/or submissions by India in previous dispute resolution proceedings under the treaty.”
As per PCA, accuracy of Pakistan’s claims proved flawless in multiple verifications. Detailed award by PCA has addressed the questions concerning the IWT’s overall interpretations and application. PCA press release unambiguously stated “The award is binding on the parties and without appeal”. Obviously, detailed award has now emerged as a renewed blow to the Modi regime which wants to weaponise the water in blatant disregard of international norms and mutually binding treaties.
—The writer is contributing columnist.
