India in yet another attempt has tried to raise another malicious controversy against Pakistan by raising absolutely absurd and irrelevant observations on IWT to sabotage ongoing hearing over Pakistan’s legitimate objections raised over Kishan Ganga and Ratle water dams in India. India has very shrewdly tried to sabotage Pakistan’s right of water as per Indus Water Treaty (IWT) while getting undue advantage from its position of being the upper riparian. India in its malicious attempt announced on Friday that it wants to modify the 62 years old Indus Water treaty. Let’s see how India’s demand of modifying the IWT is ill intended and being done to rack up anti Pakistan rhetoric by the BJP fascist government to mint political mileage for upcoming elections.
World Bank constituted the Court of Arbitration on Pakistan’s demand as per the Indus Waters Treaty to resolve dispute with India. Pakistan had concerns over India’s violation of IWT by initiating Kishan Ganga and Ratle Hydroelectric projects that can certainly affect the flow of water coming to Pakistan. Respecting Pakistan’s legitimate stance over the issue, World Bank, the negotiator of the Indus Water Treaty decided to constitute the Court of Arbitration. The treaty signed in 1960 divided the six Himalayan rivers equally between India and Pakistan, allowing India the unrestricted use of all water from the 3 eastern tributaries of the Indus river (Sutlej, Beas and Ravi) while Pakistan receives use of the western tributaries (Indus, Jhelum and Chenab). Now India is trying to get illegal control of river Jhelum and Chenab.
Having expended all opportunities to resolve the issue mutually, Pakistan made a formal request to World Bank for establishing Court of Arbitration on 19 Aug 2016 under the provision of Article IX of the Treaty (settlement of differences and disputes). World Bank agreed with Pakistan and commenced process of formation of Court in Mar 2022 after concerted efforts of Pakistan; currently, the proceedings of Court of Arbitration are underway at Hague.
Sensing its impending defeat at the Court due to absence of a concrete defence, India has now attempted to scuttle due legal process by proposing to engage bilaterally on the IWT provisions which is mala fide and dishonest. Pakistan is fully cognizant of Indian designs and is pursuing the case on merit of its principled arguments. IWT is a time tested Treaty between two sovereign states and can only be modified through mutual consent of the parties; its unilateral interpretations have no value whatsoever and Pakistan will not allow any revision of the treaty. According to Ahmad Irfan Aslam, Pakistan’s agent to the court, “In the first hearing at the court, India boycotted the proceedings under the Indus Water Treaty which was signed by the two countries in September 19, 1960. “The court is competent to proceed ex parte and is doing so”, said Irfan Aslam.
Indian is attempting to scuttle and dodge the ongoing arbitration process under world bank auspices over Kishan Ganga and Ratle design violations by India; the court of arbitration has started proceedings in Hague and World bank has also deputed neutral expert as per Indian demands. But now India is refuting both processes as breach of treaty and calling for bilateral meet.
It is the part of overall game plan of India to finally achieve abrogation of treaty and coerce Pakistan over water issues: by using typical dodge and delay tactics and interpreting the level clauses as per their suiting while further frustrating Pakistan – leading to the failure of treaty under legal cover.
World bank is guarantor of IWT and India cannot unilaterally revoke or refuse the treaty. The world must realize that it is India which has always been in violation of international accords and is now trying to use its upper riparian status as a coercive tool against Pakistan. International organizations including the World Bank must acknowledge the fact that India under the garb of a secular democracy is actually trying to implement its fascist designs challenging the sovereignty of its neighboring states and violating international agreements in clear violation of the international rules and conventions.
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