‘Charade at Pak’s behest’: India says Indus Treaty arbitration court is itself illegal, rejects ‘ruling’ on J&K dams

India has rejected a Court of Arbitration ruling that issued a “supplemental award” on its competence concerning the Kishenganga and Ratle hydroelectric projects in Jammu and Kashmir, and called it a flagrant violation of the Indus Waters Treaty (IWT) of 1960. The dams are being built on the Indus River system, and the development came after India had paused the Indus Waters Treaty following the Pahalgam terror attack in April.
In a strongly worded statement, the Ministry of External Affairs said that the “illegal” Court of Arbitration, purportedly constituted under the Indus Waters Treaty 1960, albeit in brazen violation of it, has issued what it characterises as a “supplemental award” on its competence concerning the Kishenganga and Ratle hydroelectric projects in the Indian Union Territory of Jammu and Kashmir.

The MEA said that India never recognised the existence of this so-called Court of Arbitration, and its constitution is in itself a serious breach of the Indus Waters Treaty, and consequently any proceedings before this forum and any award or decision taken by it are also illegal and per se void.

The ministry said that India placed the Indus Waters Treaty in abeyance after the Pahalgam terrorist attack until Pakistan credibly and irrevocably abjures its support for cross-border terrorism. It added that this illegally constituted arbitral body has no jurisdiction to examine the legality of India’s actions in exercise of its rights as a sovereign state.

“India categorically rejects this so-called supplemental award as it has rejected all prior pronouncements of this body,” it added.

The MEA termed the development “the latest charade at Pakistan’s behest” and yet another desperate attempt by Islamabad to escape accountability for its role as the global epicentre of terrorism.

Pakistan objects to the construction of the 330 MW Kishenganga hydroelectric project on the Jhelum river and the 850 MW Ratle dam project on the Chenab river due to the potential impact on its own water resources.

Islamabad claims that the hydro projects are in violation of the Indus Waters Treaty. It fears that the dams will reduce the water flow and impact its agriculture, which relies heavily on these rivers.

As per the agreement, India is permitted to build hydroelectric power projects on the Jhelum and Chenab rivers, but Pakistan has been trying to stop the construction.