India Rejects Hague Arbitration on Indus Waters Treaty
India has firmly rejected the jurisdiction of the Permanent Court of Arbitration (PCA) in The Hague over the Kishenganga and Ratle hydropower projects, calling Pakistan’s move “legally untenable.” The government asserts the dispute must be resolved through the treaty’s bilateral mechanisms.
Key Takeaways
- India rejects PCA’s jurisdiction over Kishenganga and Ratle projects.
- Calls the arbitration court “legally untenable” and a violation of the Indus Waters Treaty.
- Affirms commitment to resolve issues via the treaty’s bilateral Neutral Expert process.
- The stance comes amid ongoing tensions with Pakistan over water sharing and security.
India’s Principled Stance
The Ministry of External Affairs (MEA) stated that the PCA lacks competence to consider Pakistan’s claims, as the matter is governed solely by the 1960 Indus Waters Treaty (IWT).
“We have seen the press release issued by the PCA regarding the Kishenganga and Ratle projects. Our consistent and principled position has been that the constitution of the so-called Court of Arbitration is in contravention of the provisions of the Indus Waters Treaty,” said MEA spokesperson Arindam Bagchi.
Bagchi clarified that the treaty does not provide for such a court, and India’s past participation should not be seen as accepting its jurisdiction.
Commitment to Bilateral Process
India remains committed to the treaty’s dispute resolution mechanism. “India has been participating in the meetings of the Neutral Expert. The last meeting was held on February 27-28, 2023. The following meeting is scheduled for September,” Bagchi added.
He further stated India cannot comment on the PCA’s proceedings but has noted its press release.
Background and Context
This development occurs amid heightened between the two neighbours over cross-border terrorism and other issues.
The Indus Waters Treaty, brokered by the World Bank in 1960, governs the sharing of the Indus river system’s waters between India and Pakistan. India maintains that any disputes must be settled within its framework.
