Pakistan presses for Indus Waters Treaty revival, India rejects international court’s jurisdiction

Pakistan has welcomed a ruling by the Permanent Court of Arbitration (PCA) interpreting the design criteria for new run-of-river hydropower projects to be built by India on the Western Rivers — Chenab, Jhelum and Indus — saying it vindicates its position under the Indus Waters Treaty (IWT).

India put the treaty’s implementation in abeyance after the April terror attack in Pahalgam.

The court reportedly held that India must “let flow” the waters of the Western Rivers for Pakistan’s unrestricted use, with exceptions for hydropower generation strictly conforming to treaty requirements.

“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,” Pakistan’s foreign office said Monday.

India never accepted court’s jurisdiction

New Delhi has never recognised the PCA’s jurisdiction in the matter, insisting instead on using the neutral expert mechanism under the treaty.

Sources quoted by ToI recalled that India had earlier notified its intent to seek modification of the IWT following prolonged disputes over the Kishanganga and Ratle projects in Jammu and Kashmir.

India has also maintained that the World Bank’s 2022 decision to simultaneously activate both a neutral expert and the Court of Arbitration — at Pakistan’s insistence — on the same issues was unacceptable, citing “practical and legal challenges” of concurrent proceedings.

While India’s official response to the latest ruling is expected Wednesday, officials say the IWT will remain in abeyance until Pakistan takes credible action against cross-border terrorism.

Ruling comes amid Pakistan's nuclear rhetoric

The court’s decision comes in the backdrop of recent nuclear war warnings by Pakistan’s army chief, Gen Asim Munir, and combative remarks by senior leaders.

The Ministry of External Affairs had earlier described such comments as “nuclear sabre-rattling,” calling it Pakistan’s “stock-in-trade.”

Pakistan reiterated Monday that it remains committed to implementing the IWT and urged India to resume its “normal functioning.”

(With inputs from ToI)