ISLAMABAD: The Indus Waters Treaty signed in 1960 between Pakistan and India faces renewed scrutiny as the Permanent Court of Arbitration (PCA) advances proceedings against India for non-compliance with treaty provisions. The Treaty, widely regarded as a legally robust framework for transboundary water management grants Pakistan exclusive rights over the western rivers while India’s access is strictly limited under Articles III and Annexure D.
Pakistan triggered arbitration over India’s Kishanganga and Ratle hydroelectric projects which Pakistan alleges violate limits on pondage storage and flow control potentially affecting downstream water availability. Despite India’s refusal to participate, the PCA has affirmed its jurisdiction rejecting India’s claim that the Treaty is in abeyance.
In January 2026 the tribunal issued a binding procedural order requiring India to submit detailed technical data on river flows, storage, and operations. February 9 marks the compliance deadline. The PCA has warned that non compliance could result in adverse inferences and ex parte rulings compelling India to modify projects.
Pakistan has emphasized adherence to Treaty mechanisms and international law maintaining water security while upholding dispute resolution frameworks. Observers say the arbitration underscores the enduring strength of international treaties the principle of pacta sunt servanda and the importance of rule-based management of shared water resources.
About The Author
