Kishenganga Project - Facts India vs Pakistan

Recently, India won the legal battle against Pakistan regarding construction of Kishenganga Hydro Electric Project in North Kashmir.

What is the issue?

Pakistan had pleaded before the Court of Arbitration at The Hague that India’s construction of Project over Kishenganga was a violation of Indus Waters Treaty (IWT) signed in 1960.

What is the Project?

India is constructing Rs. 3600 crore, 330 MW, run-of-the-river, hydro-electric project on Kishenganga River (known as Neelam in Pak) which is a tributary river to Jhelum. The power project is under construction by the National Hydro Power Corporation in Gurez valley near Bandipura in north Kashmir.

What is the opposition from Pakistan?

• The project involves diverting waters from a dam site to Bonar Madmati Nallah, another tributary of Jhelum. Pakistan sees it a breach of India’s legal obligations owed to Pakistan under the IWT, as interpreted and applied in accordance with international law, including India’s obligations under Article III (2) (let flow all the waters of the Western rivers and not permit any interference with those waters) and Article IV (6) (maintenance of natural channels).
•  Another objection is the use of modern drawdown flushing technique for the management of sedimentation on the dam. It requires waters to be brought below the Dead Storage Level.  Pakistan had objected to the drawdown flushing apprehending that it will affect flows at its downstream Neelam project.

 What was the award by the Court of Arbitration?

• The Court of Arbitration has allowed India to go ahead with the construction of the project in rejecting Pakistan’s plea that this was a violation of the 1960 Indus Waters Treaty.
• However, the court restrained India from adopting the draw down flushing technique for clearing sedimentation. India may have to adopt a different technique for flushing.

Is it for the first time Pakistan dragged India to international court on a river issue?

No. This was the second water dispute on which Pakistan dragged India to an international arena charging New Delhi with violation of the IWT. Earlier a neutral expert was appointed by the World Bank to adjudicate on the Baglihar dam built on Chenab River also located in Jammu and Kashmir.