India Dismisses Hague Court's Ruling on Hydropower Projects in Jammu and Kashmir

India's Rejection of the Court's Authority

On Friday, India firmly rejected the recent ruling by the Court of Arbitration regarding the Kishanganga and Ratle hydropower projects located in Jammu and Kashmir, asserting that it has never acknowledged the court's jurisdiction.

The Ministry of External Affairs stated that India's stance has consistently been that the formation of this arbitral body constitutes a significant violation of the Indus Waters Treaty, rendering any proceedings or decisions from it illegal and void.

Court's Ruling and India's Response

In a decision made on Thursday, the Court of Arbitration in The Hague indicated that India's suspension of the treaty does not strip the court of its authority, allowing it to continue deliberating on the issue. The court was evaluating how India's treaty suspension affects ongoing proceedings.

Following a terrorist attack in Pahalgam, New Delhi had put the 1960 Indus Waters Treaty on hold until Pakistan takes credible steps to cease its support for cross-border terrorism.

India's Non-Participation in Proceedings

India has opted not to engage in the court proceedings and has dismissed all prior rulings issued by the court regarding this matter.

The Indus Waters Treaty, signed in 1960 with the World Bank as an additional signatory, aimed to equitably distribute the water resources of the Indus River and its tributaries between India and Pakistan.

Water Allocation Under the Treaty

According to the treaty, India was allocated water from three eastern rivers—Beas, Ravi, and Sutlej—while Pakistan received water from the three western rivers—Chenab, Indus, and Jhelum.

The agreement also allows both nations to utilize each other's rivers for specific purposes, including small hydroelectric projects that require minimal water storage.

India's Sovereign Rights

The Ministry of External Affairs emphasized that as long as the treaty remains suspended, India is not obligated to fulfill any of its commitments under the treaty.

It further stated that no arbitral court, especially one deemed illegally constituted, possesses the authority to question India's sovereign rights.

Pakistan's Allegations and India's Stance

The ministry criticized Pakistan's actions as a desperate attempt to evade accountability for its role as a hub of global terrorism, labeling its use of this arbitration mechanism as part of a long-standing pattern of deception in international forums.

Background of the Dispute

Despite the treaty generally fostering peace regarding water sharing, disputes have arisen over the Kishanganga and Ratle hydropower projects.

The Kishanganga project, located in Jammu and Kashmir's Bandipora district and inaugurated in 2018, is situated on the Kishanganga River, a tributary of the Jhelum. Meanwhile, the Ratle project, which is being constructed over the Chenab River in Kishtwar district, has raised concerns from Pakistan.

Pakistan's Concerns

Pakistan has expressed worries that the design of India's dams, intended for power generation, could hinder the flow of rivers that supply water for 80% of its irrigated agriculture, accusing India of breaching the treaty.

India has categorically rejected these allegations.

Legal Proceedings and Treaty Mechanisms

In 2016, Islamabad brought the issue to the court of arbitration, despite India's agreement to a neutral expert mechanism.

India contended that having two simultaneous dispute resolution processes—arbitration and neutral expert—contradicts the treaty's provisions.