'India Cannot Be Compelled': New Delhi Rejects Ruling By Permanent Court Of Arbitration In Indus Water Dispute With Pakistan

After a Court of Arbitration (CoA) ruled that it has "competence" to consider matters concerning the Kishenganga and Ratle hydroelectric projects in Jammu and Kashmir, India has reiterated its "consistent and principled" position has been that the constitution of the "so-called Court of Arbitration" is in contravention of the provisions of the 1960 Indus Waters Treaty.

"A Neutral Expert is already seized of the differences pertaining to the Kishenganga and Ratle projects. The Neutral Expert proceedings are the only Treaty-consistent proceedings at this juncture. The Treaty does not provide for parallel proceedings on the same set of issues," the Ministry of External Affairs (MEA) said in a statement on Thursday (6 July).

The MEA statement comes after the Hague-based Permanent Court of Arbitration (PCA) issued a statement detailing the award of CoA.

"In the Award, the Court carefully considered objections to the competence of the Court raised by India (by way of correspondence to the World Bank). In a unanimous decision, which is binding on the Parties and without appeal, the Court rejected each of the objections raised by India and determined that the Court is competent to consider and determine the disputes set forth in Pakistan’s Request for Arbitration," the PCA statement said.

India has objected to the formation of the CoA, arguing that it goes against the provisions of the Indus Waters Treaty.

So far, India has not exercised its right under the treaty to appoint two arbitrators to the CoA, reports Indian Express.

Instead, New Delhi has chosen not to attend the court's proceedings and has communicated its correspondence to the World Bank.

According to the treaty, India is entitled to the unrestricted use of the water from the Eastern Rivers (Sutlej, Beas, and Ravi), while Pakistan will receive water from the Western Rivers (Indus, Jhelum, and Chenab).

However, India's construction of the Kishenganga and Ratle hydroelectric power projects has faced objections from Pakistan.

After the PCA statement was released, the Ministry of External Affairs (MEA) responded by stating that they had seen a press release regarding an "illegally constituted" Court of Arbitration.

"India has been participating in the Treaty-consistent Neutral Expert proceedings. The last meeting of the neutral Expert took place at The Hague on 27-28 February 2023. The next meeting of the Neutral Expert process is scheduled to be held in September 2023," the MEA said.

"India cannot be compelled to recognize or participate in illegal and parallel proceedings not envisaged by the Treaty," it added.

The Government of India has been in talks with the Government of Pakistan regarding the modification of the Indus Waters Treaty under Article XII (3) of the Treaty, the MEA said.

This recent development only underlines why such modification is so necessary, it added.