India Rejects Illegal Arbitration Court on Indus Treaty

Bharat Rejects Arbitration Court on Indus Treaty

Why in News ?

Bharat (India) has dismissed a recent “supplemental award” by a Court of Arbitration over the Kishenganga and Ratle hydel projects, calling it illegal and Pakistan-sponsored. India has also suspended the Indus Waters Treaty (IWT) following the Pahalgam terrorist attack.

India Rejects Illegal Arbitration Court on Indus Treaty

About India’s Objection to Arbitration Proceedings:

  • India rejects the legitimacy of the Court of Arbitration, constituted by the World Bank in October 2022, under the Indus Waters Treaty (IWT).
  • The Ministry of External Affairs (MEA) called the court a “charade at Pakistan’s behest”, citing breach of treaty norms. The MEA statement emphasized India’s stance against the fabricated arbitration mechanism.
  • India termed all proceedings and decisions of this Hague-based court “illegal and void”.
  • The Court of Arbitration had ruled it had competence even if India had placed the water treaty in abeyance.

Background of the Dispute and India’s Position

  • Projects involved: Kishenganga (on a tributary of the Jhelum) and Ratle (on the Chenab), both part of the Indus river system.
  • Pakistan had first moved for a neutral expert in 2015, then shifted to arbitration in 2016.
  • India opposed this, sticking to a neutral expert route, and continues to participate in treaty-consistent mechanisms. The Jal Shakti Minister reiterated India’s commitment to resolving disputes through neutral expert proceedings.
  • India argues it cannot be forced to engage in parallel proceedings not envisaged in the IWT, viewing Pakistan’s actions as deception and manipulation.

Treaty History and India’s Current Stand

  • Indus Waters Treaty (1960) was signed by Nehru and Mohammed Ayub Khan, brokered by the World Bank.
  • Gave India rights over eastern rivers (Sutlej, Beas, Ravi) and Pakistan over western rivers (Indus, Jhelum, Chenab), with provisions for non-consumptive use by India on western rivers.
  • After the April 2024 Pahalgam terrorist attack, India placed the Indus water treaty in abeyance, stating it was no longer obligated to uphold its terms until Pakistan stops cross-border terrorism.
  • India had earlier issued notices to modify/review the treaty in January 2023 and September 2024, signaling a shift towards possible renegotiation of the Indus Waters Treaty.

About Ratle and Kishenganga Hydroelectric Projects :

● Ratle Hydroelectric Project:

Location: Chenab River, Kishtwar district, Jammu & Kashmir.

○ Capacity: 850 MW, run-of-the-river hydro project.

○ Joint Venture: Between NHPC and JKPDC.

○ Significance: Promotes clean energy, water security, and regional development.

○ Pakistan’s Objection: Claims design (spillway, pondage) violates the Indus Waters Treaty (IWT); India denies.

  • Kishenganga Hydroelectric Project:

○ Location: Kishenganga River (Neelum), Bandipora district, Jammu & Kashmir.

○ Capacity: 330 MW, run-of-the-river project.

○ Commissioned: In 2018.

○ Strategic Role: Diverts water to Jhelum basin for power generation—allowed under IWT with conditions.

○ International Dispute: Pakistan raised environmental/water flow concerns; a neutral expert (2013) allowed it with minor design changes. |