New Delhi: India on Thursday (August 14) rejected the Hague-based Court of Arbitration’s award directing it to “let flow” the waters of the Indus, Jhelum and Chenab rivers for Pakistan’s unrestricted use, except under specifically defined circumstances, while also warning Islamabad against “anti-India rhetoric”.

At the weekly press briefing, Ministry of External Affairs spokesperson Randhir Jaiswal said India had noted “a continuing pattern of reckless, war-mongering and hateful comments from Pakistani leadership against India.”

“It is a well-known modus operandi of the Pakistani leadership to whip up anti-India rhetoric time and again to hide their own failures. Pakistan would be well advised to temper its rhetoric as any misadventure will have painful consequences, as was demonstrated recently,” he said.

He was responding to questions about statements by Pakistan Prime Minister Shahbaz Sharif warning of “serious consequences” if India proceeds with suspending the Indus Waters Treaty, and by former foreign minister Bilawal Bhutto making similar remarks.

Earlier in the week, India had also criticised comments reportedly made by Pakistan’s Chief of Army Staff, Field Marshal Asim Munir, in the United States, calling them “nuclear sabre-rattling.”

The MEA also rejected the Augusr 8 award of the five-member Court of Arbitration on the dispute over India’s Kishan Ganga and Ratle hydroelectric projects, reiterating that New Delhi had not recognised the tribunal from the outset.

“India has never accepted the legality, legitimacy, or competence of the so-called Court of Arbitration. Its pronouncements are therefore without jurisdiction, devoid of legal standing, and have no bearing on India’s rights of utilisation of waters. India also categorically rejects Pakistan’s selective and misleading references to the so-called ‘award’,” Jaiswal said.

The Hague-based tribunal was established by the World Bank in 2016 at Pakistan’s request, even though India had argued for referring the matter to a Neutral Expert instead. The World Bank, which has a procedural role under the treaty, initially paused both processes but in 2022 lifted the freeze and allowed them to run simultaneously, despite India’s objections.

India refused to participate in the Court of Arbitration’s proceedings, while Pakistan pursued both tracks, including a meeting with the Neutral Expert in Vienna in September 2023.

On August 8, the Court of Arbitration had ruled on how key parts of the Indus Waters Treaty should be interpreted, setting limits on India’s design and operation of hydroelectric projects on rivers allocated to Pakistan.

The tribunal stressed that the treaty’s “object and purpose” is to guarantee the free flow of the western rivers of Chenab, Jhelum and Indus for the downstream riparian state Pakistan, a safeguard intended to minimise the risk of conflict between the two nuclear‑armed neighbours. “The general rule is that India shall “let flow” the waters of the Western Rivers for Pakistan’s unrestricted use”.

While the treaty allows certain hydropower generation exceptions, these, the court said, must be interpreted narrowly, with dam and plant designs adhering exactly to the treaty’s technical limits rather than broader engineering norms aimed at maximising output.

The tribunal laid down detailed restrictions on key features of hydroelectric dams. For example, turbine intakes must be placed as high as technically feasible, and maximum pondage, or reservoir storage, is capped at twice the amount needed for firm power.

India, the court said, carries the burden of proving treaty compliance for every new project. The award also obliged both sides to consult meaningfully at the earliest planning stages to resolve objections before construction begins.

On April 23, a day after a terror attack on tourists in Pahalgam, India announced it was placing the 1960 treaty “in abeyance with immediate effect” until Pakistan “credibly and irrevocably” ends support for cross-border terrorism. Pakistan responded that the treaty contains no provision allowing unilateral suspension.

Two months later, on June 27, the Court of Arbitration issued a procedural ruling stating that India’s decision to hold the treaty “in abeyance” would not affect the tribunal’s jurisdiction.

Recalling India’s response to the June 27 ruling, Jaiswal said on Thursday: “The Indus Waters Treaty stands in abeyance by a sovereign decision of the Government of India, taken in response to Pakistan’s continued sponsorship of cross-border terrorism, including the barbaric Pahalgam attack.”

The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.