2 September 2026 - 09:11
Source: Maktoob Media
India Rejects Hague Court Order to Uphold Indus Waters Treaty with Pakistan

“This so-called Court was constituted by the World Bank in patent breach of the terms of the Treaty and India categorically rejects its so-called award, just as it has firmly rejected all prior pronouncements by this illegally constituted body,” the MEA said in a statement on Monday.

AhlulBayt News Agency (ABNA): India has rejected an interim order by the Permanent Court of Arbitration (PCA) in The Hague directing it to comply with the Indus Waters Treaty with Pakistan, calling the arbitration body “illegally constituted” and saying it does not recognise its authority.

The PCA said the treaty remains fully in force and that India had no legal justification to end or suspend the agreement.

In its decision on the status of the Indus Waters Treaty following India’s decision to place it in abeyance, the PCA said India must continue to uphold its obligations under the 1960 agreement.

The court also ordered interim measures restricting certain construction activities at the Ratle Hydroelectric Power Project (RHEP) in Jammu and Kashmir, pending a decision by a neutral expert on whether the project’s design complies with the treaty.

India’s Ministry of External Affairs (MEA), however, rejected the ruling.

“This so-called Court was constituted by the World Bank in patent breach of the terms of the Treaty and India categorically rejects its so-called award, just as it has firmly rejected all prior pronouncements by this illegally constituted body,” the MEA said in a statement on Monday.

The ministry said India had “never recognised the existence in law” of the Court of Arbitration and had consistently maintained that its establishment violated the Indus Waters Treaty.

“Accordingly, India has never appeared before this body and has refused to take any cognisance of its earlier pronouncements,” it said.

In an Order on Interim Measures, the Court of Arbitration considered Pakistan’s request to restrict construction work at the Ratle Hydroelectric Power Project until the neutral expert determines whether the project complies with the treaty.

In a unanimous decision, the court prohibited India from concreting the dam wall and power intake structure above specified levels until 90 days after the neutral expert issues a final decision.

The neutral expert’s decision is expected in July 2027.

The court also ordered India to provide reports concerning the construction schedule of the Ratle project until shortly after the neutral expert’s final decision.

However, it rejected two other interim measures requested by Pakistan.

India placed the Indus Waters Treaty in abeyance following the Pahalgam attack in April 2025, in which 26 people were killed. India accused Pakistan of supporting the attack, an allegation Islamabad has denied.

The 1960 treaty, brokered by the World Bank, governs the sharing of the waters of the Indus river system between India and Pakistan. It allocates the eastern rivers — Ravi, Beas and Sutlej — primarily to India, while giving Pakistan rights over the western rivers — Indus, Jhelum and Chenab, subject to specified provisions.

The treaty has remained in place through several India-Pakistan conflicts and periods of heightened tensions.

The water-sharing agreement is particularly significant for Pakistan, where the Indus river system is central to agriculture and irrigation.

The PCA was established to facilitate arbitration and other forms of dispute resolution between states.

The Court of Arbitration is chaired by Professor Sean D. Murphy of the United States. Its other members are Professor Wouter Buytaert of Belgium, Professor Jeffrey P. Minear of the United States, Judge Awn Shawkat Al-Khasawneh of Jordan and Dr Donald Blackmore of Australia.

India has maintained that the proceedings before this body have no legal validity, while Pakistan has continued to participate in the arbitration process.

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