India Slams Arbitration Court Over Indus Waters Dispute, Labels It ‘Illegal’ and a ‘Charade’ Backed by Pakistan.
New
Delhi – India on Friday firmly rejected the authority of the Court of
Arbitration set up under the Indus Waters Treaty, dismissing its latest ruling
as illegitimate and politically motivated. The sharp response followed the
tribunal’s issuance of a “supplemental award” asserting its jurisdiction to
hear disputes related to the Kishenganga and Ratle hydroelectric projects in
Jammu & Kashmir.
In a
strongly worded statement, the Indian government described the court’s
proceedings as a “charade” carried out at Pakistan’s behest and reiterated its
longstanding position that the arbitration panel, constituted by the World Bank
in October 2022, lacks legal validity.
The
dispute revolves around Pakistan’s objections to the construction of the
Kishenganga and Ratle hydropower plants, both located in the
Indian-administered region of Jammu & Kashmir. Islamabad has claimed the
projects violate provisions of the 1960 Indus Waters Treaty—an agreement
brokered by the World Bank that governs water sharing between the two countries
over six rivers of the Indus Basin.
India,
however, maintains that it has complied fully with the treaty’s guidelines and
that the projects are entirely lawful. It also argues that the formation of the
Court of Arbitration is in violation of the dispute resolution mechanisms
already outlined in the treaty.
“The
so-called Court of Arbitration was set up illegitimately, and its actions are
not binding on India,” said an Indian official familiar with the matter. “The
supplemental award changes nothing. This process is a political maneuver
dressed up as legal procedure, and it undermines the spirit of the treaty.”
The
arbitration court, seated in The Hague, ruled on Thursday that India’s refusal
to participate in the proceedings or its assertion that the treaty should be
held in abeyance did not negate the court’s authority to move forward.
India,
for its part, continues to support a separate neutral expert mechanism also
initiated under the treaty. New Delhi believes that the neutral expert process,
which it backs, is the only legitimate avenue to resolve technical disputes
under the agreement.
Diplomatic
tensions between India and Pakistan over the use of Indus waters have flared
repeatedly over the years, but this episode marks a renewed confrontation over
the role of international institutions in mediating the issue. The Indian
government has often expressed concern that third-party interventions can be
misused to delay or block its infrastructural development, especially in
sensitive border areas.
While
both countries remain signatories to the Indus Waters Treaty—which has endured
multiple wars and decades of hostilities—the current disagreement over
arbitration could further strain the fragile water-sharing accord.
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