Hague court orders India to release western rivers’ waters to Pakistan

The Permanent Court of Arbitration (PCA) has ruled in Pakistan’s favour, directing India to ensure the uninterrupted flow of the western wivers’ waters for Pakistan’s use, in line with the Indus Waters Treaty. Pakistan has hailed the decision as a diplomatic victory.

In a press release issued from The Hague, the PCA announced that the final and binding award was delivered on August 8. The ruling followed an arbitration request Pakistan filed on August 19, 2016, under Article IX of the treaty.

Referring to Article 3, also known as the western rivers clause, the tribunal reaffirmed that the fundamental principle is the unrestricted release of water to Pakistan.

It acknowledged certain exceptions, such as hydroelectric power generation, but stressed that these must be interpreted narrowly.

Any run-of-the-river hydroelectric projects must strictly comply with treaty provisions rather than India’s preferred engineering standards.

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The court further emphasised that disputes over the treaty’s application should be resolved through its established notification, objection, and settlement procedures, in the spirit of cooperation.

Although India boycotted the proceedings and challenged the tribunal’s jurisdiction, the court noted that it had kept India fully informed and repeatedly invited it to participate.

The judges reviewed India’s past submissions, relevant records from the Permanent Indus Commission, and correspondence between the two nations to ensure a balanced understanding of both sides.

To verify Pakistan’s claims, the tribunal sought additional documentation, historical evidence, and public records, and also questioned Pakistani representatives before and during the hearings.

The verdict also addresses broader questions about the interpretation of the treaty, including Paragraph 8 of Annexure D, which deals with India’s construction of new run-of-the-river plants on the Western Rivers.

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It further clarifies that decisions by arbitral tribunals and neutral experts under the treaty are final and binding, with no right of appeal.

Additionally, the court restricted the construction of low-level water outlets on the western rivers, permitting them only in cases of urgent necessity, with minimal capacity and at the highest feasible level.

Pakistan’s Foreign Office welcomed the ruling, calling it particularly significant given India’s recent announcement of suspending the Indus Waters Treaty and its earlier boycott of the arbitration. 

The PCA will issue a separate ruling on Pakistan’s objections to India’s Kishanganga and Ratle hydroelectric projects at a later date.