ISLAMABAD:
In a significant diplomatic and legal win, the Permanent Court of Arbitration (PCA) has ruled in Pakistan’s favour over the interpretation of the Indus Waters Treaty (IWT), compelling India to ensure the unimpeded flow of Western rivers for Pakistan’s use.
The Hague-based court delivered its binding award on August 8, 2025, in a case initiated by Pakistan back in 2016. The verdict was made public on Monday, reinforcing Pakistan’s position that the treaty’s provisions must be followed to the letter.
According to the PCA, the exceptions that allow India to build hydroelectric projects on the Indus, Jhelum, and Chenab must be interpreted narrowly, strictly in line with the treaty, rather than on India’s own terms or “best practice” standards. In practical terms, this means India cannot introduce dam designs that could compromise Pakistan’s downstream water rights.
The award also prohibits low-level outlets structures that release water from below a dam’s dead storage except when absolutely necessary for sediment control or other technical reasons, and even then only at minimal size and highest possible placement. The ruling further imposes limits on gated spillways, pondage capacity, and freeboard height, underscoring that all such features must be essential for safety and treaty compliance, not convenience.
India had refused to take part in the proceedings, but the PCA maintained its jurisdiction despite New Delhi’s April 2025 move to “hold the treaty in abeyance.” The court reminded both nations that arbitration awards under the IWT are final, binding, and have overriding authority in future disputes.
Experts in Islamabad hailed the decision as a “remarkable success” for Pakistan. Former Indus Water Commissioner Jamaat Ali Shah told The Express Tribune that the ruling upholds Pakistan’s demand for uninterrupted flows from the Western rivers and sets a legal precedent against India’s recent attempts to sideline the treaty. He added that the decision on specific disputes over the Ratle and Kishanganga dams will come later after further hearings.
Shah criticised India’s suspension of treaty obligations, particularly the refusal to share hydrological data, calling it a dangerous precedent. He urged Islamabad to challenge this separately at the international level.
Legal expert and former law minister Ahmer Bilal Soofi described the verdict as a strategic boost for Pakistan, strengthening its case in both diplomatic and legal arenas. “The court has reinforced Pakistan’s interpretation of the treaty, which will resonate in future negotiations and disputes,” he said.
While the Kishanganga and Ratle cases remain pending, the award clearly signals that unilateral advantages in river use will not be tolerated. It also recognises Pakistan’s vulnerability as a downstream country, reaffirming the IWT’s core principle of equitable and reliable water distribution.
