THE HAGUE: India did not take part in the latest arbitration hearing related to the Indus Waters Treaty (IWT), the Permanent Court of Arbitration (PCA) announced on Monday, according to The Express Tribune. The hearing, held on February 3, concerned a long-standing water dispute between Pakistan and India. Despite being formally invited, India neither responded nor appeared before the court.
The case was initiated by Pakistan under Article IX and Annexure G of the 1960 Indus Waters Treaty, one of the world’s most detailed and enduring water-sharing agreements. The treaty divides the rivers of the Indus basin between the two nations, granting Pakistan exclusive rights over the western rivers Indus, Jhelum, and Chenab, while India controls the eastern rivers Ravi, Beas, and Sutlej.
Pakistan has raised serious objections to the design of several Indian hydroelectric projects, particularly the Kishanganga and Ratle dams. Islamabad argues that certain technical features in these projects exceed the limits set by the treaty and could allow India to manipulate river flows, threatening Pakistan’s water security.
At the hearing, Pakistan requested the tribunal to clarify how India must calculate installed capacity, anticipated electricity load, and pondage levels temporary water storage allowed under the treaty. According to Pakistan, excessive pondage, gated spillways, and drawdown flushing mechanisms violate treaty rules and could reduce downstream water supply, especially during dry seasons.
Pakistan’s legal team was led by Attorney General Mansoor Usman Awan, accompanied by the country’s Indus Waters Commissioner and senior diplomats. They argued that these engineering choices go beyond permissible “run-of-the-river” projects and could give India dangerous control over the timing and volume of water reaching Pakistan.
The dispute intensified in April 2025 when India announced it was placing the treaty “in abeyance” following a militant attack in Pahalgam. However, the arbitration tribunal later ruled that India’s declaration had no legal standing and reaffirmed that the treaty remains fully valid and binding.
Earlier rulings by the court confirmed its authority to hear the case and rejected India’s objections to its jurisdiction. The tribunal also warned that proceedings would continue even if India refused to participate.
February 9 marked the deadline for India to submit project data. Failure to comply may allow the court to draw adverse conclusions, assuming that withheld evidence would weaken India’s position.
Though the court lacks enforcement power, its decisions are legally binding. Continued non-compliance could bring diplomatic costs and damage India’s international reputation.
As climate stress and regional tensions rise, the Indus Waters Treaty remains a critical safeguard for peace and stability between the two nuclear-armed neighbors.
