ISLAMABAD – Pakistan has secured a significant legal victory at the Permanent Court of Arbitration (PCA) in The Hague, which ruled that India must allow the uninterrupted flow of the Indus, Jhelum, and Chenab rivers in line with the Indus Waters Treaty (IWT).
The binding Award, issued on August 8, 2025 and published Monday, came in response to a 2016 case filed by Pakistan challenging India’s design of run-of-river hydroelectric projects on the Western rivers.
According to the court, any exceptions permitting India to build such projects — including for hydropower generation — must be interpreted narrowly and in strict compliance with the treaty’s requirements.
Tribunal’s Key Findings
- Water flow protection: India must “let flow” Western river waters for Pakistan’s unrestricted use.
- Low-level outlet restrictions: Prohibited unless essential for sediment control, and then minimal in size.
- Gated spillway preference: Plants should be designed without gated spillways where possible.
- Pondage limits: Calculations must use historic low-flow data, with maximum storage capped at twice the required volume for firm power.
- Freeboard limits: Height only to prevent dam overtopping, based on international safety standards.
The PCA also reaffirmed its jurisdiction, rejecting India’s objections and its April 2025 decision to hold the IWT in abeyance.
Reaction in Pakistan
Former Indus Water Commissioner Jamaat Ali Shah hailed the decision as “a great success,” noting that it validated Pakistan’s stance against India’s unilateral suspension of treaty obligations and efforts to restrict downstream flows.
Legal expert Ahmer Bilal Soofi said the ruling bolsters Pakistan’s position internationally and underscores the IWT’s purpose of balancing water use and avoiding unilateral advantage.
While the Award resolves the general interpretation of the treaty, specific disputes over India’s Kishanganga and Ratle projects will be addressed in later proceedings.
