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Mint
an hour ago
- Politics
- Mint
India rejects Hague court's ‘illegal' ruling on J&K hydroelectric projects: 'Charade at Pakistan's behest'
India on Friday firmly rejected a ruling by the Permanent Court of Arbitration (PCA) in The Hague concerning two hydroelectric projects—Kishenganga and Ratle—located in Jammu and Kashmir. In a statement, the Ministry of External Affairs (MEA) dismissed the decision as a 'so-called supplemental award,' stating that India has never accepted the framework under which this arbitration was conducted. The MEA noted that India does not recognise the jurisdiction of the court in this matter, especially regarding dispute resolution mechanisms involving Pakistan under the Indus Waters Treaty. In its ruling, the Court of Arbitration said India's decision in April to keep the Indus Waters Treaty in abeyance 'does not limit' its competence over the dispute and that its ruling is binding on the parties. 'This latest charade at Pakistan's behest is yet another desperate attempt by it to escape accountability for its role as the global epicenter of terrorism,' the MEA said. 'Pakistan's resort to this fabricated arbitration mechanism is consistent with its decades-long pattern of deception and manipulation of international forums,' it said in a statement. India has never recognised the proceedings at the Permanent Court of Arbitration after Pakistan raised objections to certain design elements of the two projects under the provisions of the Indus Waters Treaty. 'Today, the illegal Court of Arbitration, purportedly constituted under the Indus Waters Treaty 1960, albeit in brazen violation of it, has issued what it characterizes 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. 'India has never recognised the existence in law of this so-called Court of Arbitration,' it said. The MEA said India's position has all along been that the constitution of this so-called arbitral body 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 for that reason. A day after the April 22 Pahalgam terror attack, India took a series of punitive measures against Pakistan that included putting the Indus Waters Treaty of 1960 in 'abeyance'. 'Following the Pahalgam terrorist attack, India has in exercise of its rights as a sovereign nation under international law, placed the Indus Waters Treaty in abeyance, until Pakistan credibly and irrevocably abjures its support for cross-border terrorism,' the MEA said. 'Until such time that the treaty is in abeyance, India is no longer bound to perform any of its obligations under the treaty,' it said. 'No court of arbitration, much less this illegally constituted arbitral body which has no existence in the eye of law, has the jurisdiction to examine the legality of India's actions in exercise of its rights as a sovereign,' it added. This latest charade at Pakistan's behest is yet another desperate attempt by it to escape accountability for its role as the global epicenter of terrorism. India has never recognized the existence in law of this so-called Court of Arbitration. India, therefore, categorically rejects this so-called supplemental award as it has rejected all prior pronouncements of this body, it said.
Indian Express
9 hours ago
- Politics
- Indian Express
Indus Waters Treaty: India rejects ‘illegal' arbitration court's authority, calls it ‘charade' at Pak behest
India on Friday rejected the authority of an arbitration court 'illegally' formed under the Indus Waters Treaty after the body issued a 'supplemental award' on its competence to hear cases on the Kishenganga and Ratle hydroelectric projects in Jammu & Kashmir. The Indian government has consistently opposed the proceedings of The Hague-based Court of Arbitration ever since its constitution by the World Bank in October 2022. In a statement Friday, the Ministry of External Affairs (MEA) termed the move as the 'latest charade at Pakistan's behest' and said that this is an attempt by Islamabad to escape accountability for its role as the global epicentre of terrorism. 'India has never recognised the existence in law of this so-called Court of Arbitration, and India's position has all along been that the constitution of this so-called arbitral body 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 for that reason illegal and per se void,' said an MEA statement. The Court of Arbitration had said Thursday that India's position of holding the treaty in abeyance 'does not deprive the Court of Arbitration of competence'. India is constructing the Kishenganga project on the Kishenganga river, a tributary of the Jhelum, and the Ratle project on the Chenab river. In 2015, Pakistan objected to their design features and moved the World Bank to seek a settlement through a neutral expert. But it withdrew its request a year later and asked for adjudication through a Court of Arbitration instead. India, for its part, sought a neutral expert to rule on the differences. On October 13, 2022, the World Bank appointed Michal Lino as the neutral expert. The same day, it also appointed a Court of Arbitration. India has opposed the court since then, saying it could not be 'compelled to recognise illegal and parallel proceedings not envisaged by the Treaty'. India has continued participating in the 'Treaty-consistent Neutral Expert proceedings'. The MEA statement on Friday said: 'Following the Pahalgam terrorist attack, India has in exercise of its rights as a sovereign nation under international law, placed the Indus Waters Treaty in abeyance, until Pakistan credibly and irrevocably abjures its support for cross-border terrorism. Until such time that the Treaty is in abeyance, India is no longer bound to perform any of its obligations under the Treaty. No Court of Arbitration, much less this illegally constituted arbitral body which has no existence in the eye of law, has the jurisdiction to examine the legality of India's actions in exercise of its rights as a sovereign.' The Indus Waters Treaty was signed on September 19, 1960, after nine years of negotiations between India and Pakistan. Then Indian Prime Minister Pt Jawaharlal Nehru and then Pakistani President Mohammed Ayub Khan signed the treaty in Karachi. The treaty has 12 Articles and 8 Annexures (from A to H). As per the provisions of the treaty, all the water of 'Eastern Rivers'— Sutlej, Beas and Ravi—shall be available for the 'unrestricted use' of India. However, Pakistan shall receive water from 'Western Rivers'—Indus, Jhelum and Chenab. In January 2023, India had issued a notice to Pakistan seeking the 'modification' of the Treaty. This was the first such notice in the more than six decades of the Treaty's existence. India upped the ante in September 2024, by issuing Islamabad another formal notice, this time seeking the 'review and modification' of the IWT. The word 'review', according to experts, effectively signals New Delhi's intent to revoke, and renegotiate the Treaty which will turn 65 this year. India decided to keep in abeyance the IWT on April 23 Pahalgam terror attack, in which militants killed at least 26 people and injured another 10.
The Hindu
10 hours ago
- Politics
- The Hindu
India ‘categorically rejects' Court of Arbitration's ‘supplemental award' on Kishenganga, Ratle hydropower projects
India on Friday (June 27, 2025) 'categorically rejected' the 'supplemental award' by the Court of Arbitration on Kishenganga and Ratle hydroelectric projects, saying that it 'never recognised' the Court of Arbitration, which is a 'serious breach' of the Indus Waters Treaty which has been put 'at abeyance' after the April 22 terror attack in Pahalgam. 'India has never recognised the existence in law of this so-called Court of Arbitration, and India's position has all along been that the constitution of this so-called arbitral body 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 for that reason illegal and per se void,' said the Ministry of External Affairs (MEA) after the World Bank's Court of Arbitration gave a 'supplemental award' on Kishenganga and Ratle projects in Jammu and Kashmir. 'Unilateral action' Pakistan had been raising objections regarding the design of Kishenganga-Ratle power projects in Jammu and Kashmir, and the two sides held multiple rounds of discussions to deal with Pakistan's concerns till 2015. In 2016, Pakistan approached the World Bank to establish a Court of Arbitration to resolve these technical disputes. Pakistan took three issues concerning Kishenganga and four for the Ratle hydropower project to the Court of Arbitration. India's position from the beginning regarding this Court of Arbitration was that it was a 'unilateral action' by Pakistan to approach the World Bank. Reflecting that position, the MEA said on Friday, 'Today, 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 reminded that after the Pahalgam terror attack, India has exercised 'its rights as a sovereign nation under international law' and placed the Indus Waters Treaty in abeyance, 'until Pakistan credibly and irrevocably abjures its support for cross-border terrorism.' The MEA described the Court of Arbitration's latest declarations as a 'charade at Pakistan's behest'. 'Until such time that the Treaty is in abeyance, India is no longer bound to perform any of its obligations under the Treaty. No Court of Arbitration, much less this illegally constituted arbitral body, which has no existence in the eye of law, has the jurisdiction to examine the legality of India's actions in exercise of its rights as a sovereign,' said the MEA, while dismissing the Court of Arbitration's 'supplemental award'.
Hindustan Times
11 hours ago
- Politics
- Hindustan Times
India rejects ‘illegal' Court of Arbitration's ruling on J&K dams: ‘Charade at Pakistan's behest'
India on Friday rejected the ruling of a Court of Arbitration that issued a 'supplemental award' on its competence concerning the Kishenganga and Ratle hydroelectric projects in the Union Territory of Jammu and Kashmir. The IWT in abeyance, India is no longer under an obligation to take Pakistan's objections, over these projects, into account. (PTI) These projects are being constructed on the Indus river system, with this development coming after the pause India put on the Indus Waters Treaty in light of the April 22 Pahalgam terror attack. The ministry of external affairs issued a statement in this regard and said it never recognised the existence of this so-called Court of Arbitration, saying that it is in 'brazen violation' of the Indus Waters Treaty, 1960. 'Today, the illegal Court of Arbitration, purportedly constituted under the Indus Waters Treaty 1960, albeit in brazen violation of it, has issued what it characterizes 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 statement read. 'India has never recognised the existence in law of this so-called Court of Arbitration, and India's position has all along been that the constitution of this so-called arbitral body 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 for that reason illegal and per se void,' it added. ALSO READ | Pakistan urges India to restore Indus Waters Treaty in multiple letters The ministry noted that India had placed the Indus Waters Treaty in abeyance after the Pahalgam terrorist attack, which claimed the lives of 26 people, mostly civilians. It said that the nation was no longer bound to perform any of its obligations under the treaty till it was in abeyance. "No Court of Arbitration, much less this illegally constituted arbitral body which has no existence in the eye of law, has the jurisdiction to examine the legality of India's actions in exercise of its rights as a sovereign," the statement read. The MEA called this move the "latest charade" at Pakistan's behest, accusing Islamabad of trying to escape accountability for being the global epicenter of terrorism. The external affairs ministry's official statement said, "This latest charade at Pakistan's behest is yet another desperate attempt by it to escape accountability for its role as the global epicenter of terrorism. Pakistan's resort to this fabricated arbitration mechanism is consistent with its decades-long pattern of deception and manipulation of international forums." ALSO READ | When will India restore Indus Waters Treaty with Pakistan? Amit Shah answers "India, therefore, categorically rejects this so-called supplemental award as it has rejected all prior pronouncements of this body," the MEA said. Why is Pakistan concerned? Pakistan has objected to India's construction of the Kishenganga hydroelectric project and Ratle dam project on the Indus river system due to its concerns about the possible impacts on its own water resources. The Indus system of rivers comprises the main Indus river, along with its five tributaries, the Ravi, the Beas, the Sutlej, the Jhelum and the Chenab. Pradeep Kumar Saxena, who served as India's Indus Water Commissioner for over six years, had earlier told news agency PTI due to the abeyance, India is in no obligation to follow the restrictions on the "reservoir flushing" of the Kishenganga reservoir and other projects on Western rivers in Jammu and Kashmir. ALSO READ | Pakistan's letters won't change India's stand on Indus Waters Treaty: Jal Shakti minister Flushing can help desilt India's reservoir, but then filling the entire reservoir could also take days. While under the IWT, India was to do the filling in August, during the peak monsoon period, it can do the process anytime now due to the abeyance of the treaty. If the filling is done during the sowing season in Pakistan, it could be detrimental, especially since a large part of Punjab in Pakistan is dependent on the Indus and its tributaries for irrigation. According to the treaty, there are design restrictions on building structures like dams on Indus and its tributaries. However, India is not longer obligated to take the Pakistani concerns onboard. Indus Waters Treaty The Indus Waters Treaty, 1960, was brokered by the World Bank and set a mechanism for water sharing and information exchange between India and Pakistan. The treaty was signed after over nine years of negotiations. While the treaty allocates the Western rivers (Chenab, Jhelum, and Indus) to Pakistan and Eastern rivers (Ravi, Beas and Sutlej) to India for unrestricted use, New Delhi is allowed to use water from the western side for domestic use, non-consumptive use, agricultural and generation of hydro-electric power. The right to generate hydroelectricity from Western rivers is unrestricted, but subject to conditions for design and operation of the Treaty, a PTI report said.
News18
13 hours ago
- Politics
- News18
‘Charade At Pakistan's Behest': India Rejects Court Of Arbitration's 'Ruling' On J&K Dam Projects
Last Updated: MEA reiterated that India 'categorically rejects this so-called supplemental award as it has rejected all prior pronouncements of this body.' India firmly rejected a ruling by a 'so-called" Court of Arbitration that issued a 'supplemental award" regarding the Kishenganga and Ratle hydroelectric projects in Jammu and Kashmir. The projects, situated on tributaries of the Indus river system, have been a longstanding point of contention between India and Pakistan. The Ministry of External Affairs (MEA) said in a statement that the Court of Arbitration has no legal standing and that its very formation breaches the Indus Waters Treaty (IWT). India, the statement added, does not recognise the court or any decision emerging from it. '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. India reiterated that any proceedings before this tribunal, as well as its rulings, are 'illegal and per se void." The statement comes in the wake of India's recent decision to place the Indus Waters Treaty in abeyance following the Pahalgam terrorist attack in April, which claimed 26 lives. In light of the security situation, India said it has exercised its sovereign rights under international law to suspend its obligations under the treaty until Pakistan 'credibly and irreversibly" renounces support for cross-border terrorism. During this suspension, India asserts it is no longer bound by the treaty's terms. 'No Court of Arbitration, much less this illegally constituted arbitral body which has no existence in the eye of law, has the jurisdiction to examine the legality of India's actions in exercise of its rights as a sovereign," the MEA stated. India also criticised Pakistan's role in the arbitration proceedings, calling it a 'latest charade" and a 'desperate attempt" to deflect attention from its alleged role in supporting terrorism. 'This latest charade at Pakistan's behest is yet another desperate attempt by it to escape accountability for its role as the global epicenter of terrorism," the MEA said, adding, 'Pakistan's resort to this fabricated arbitration mechanism is consistent with its decades-long pattern of deception and manipulation of international forums." Islamabad has long raised objections to India's hydropower developments on the western rivers of the Indus system. It first opposed the 330 MW Kishenganga project on the Jhelum River in 2006 and later, the 850 MW Ratle project on the Chenab River. Pakistan argues that the projects violate the treaty and could impact water flow into its territory. India, however, maintains that it is well within its rights under the Indus Waters Treaty to construct run-of-the-river hydroelectric projects on the Jhelum and Chenab rivers and that adequate safeguards have been incorporated to comply with the treaty's provisions.
