‘Don’t muddy the Kishenganga verdict’

The verdict (Part I) of the Court of Arbitration (CoA) on the Kishenganga dispute raised by Pakistan has gone in favour of India on the primary count of whether or not the project ab initio violates the Indus Waters Treaty (IWT). On a plain reading of the text of the Treaty, the project was clearly in order. Annexure D, Part 3, Section 15(iii) states, “Where a Plant is located on a tributary of the Jhelum on which Pakistan has any agricultural or hydroelectric use, the water released below the plant may be delivered, if necessary, into another tributary but only to the extent that the then existing agricultural use or hydroelectric use by Pakistan on the former tributary would not be adversely affected.”

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