India cannot be party to actions not in accordance with Indus Waters Treaty: MEA

Neutral Expert can also determine that there are issues beyond mere technical differences, says Vikas Swarup

Explaining its stand over the Kishanganga matter at the World Bank India has said that it cannot be party to actions which are not in accordance with the Indus Waters Treaty.

Ministry of External Affairs (MEA) spokesperson Vikas Swarup said in a statement that India had asked the World Bank to appoint a Neutral Expert to resolve the differences while Pakistan had sought the establishment of a Court of Arbitration, which is normally the logical next step in the process of resolution in the treaty.

"On the issue of differences between India and Pakistan on Kishenganga and Ratle Hydroelectric Projects under the Indus Waters Treaty, India had asked the World Bank to appoint a Neutral Expert to resolve the differences of a technical nature which are within the domain of a neutral technical expert while Pakistan had sought the establishment of a Court of Arbitration, which is normally the logical next step in the process of resolution in the Treaty," he said.

The Neutral Expert can also determine that there are issues beyond mere technical differences, said the spokesperson.

Swarup said, "The World Bank has decided to proceed with both steps simultaneously. It was pointed by the Government to the World Bank that the pursuit of two parallel difference/ dispute resolution mechanisms - appointment of a Neutral Expert and establishment of a Court of Arbitration - at the same time is legally untenable."

He added that inexplicably, the World Bank has decided to continue to proceed with these two parallel mechanisms simultaneously, which is not in accordance of the treaty and that India cannot be party to actions which are not in accordance with the Indus Waters Treaty.

"The Government will examine further options and take steps accordingly," said Swarup.

Last month, Pakistan demanded that the World Bank set up a Court of Arbitration to hear its objections over the Kishanganga hydroelectricity project by India.

Pakistan has raised objections over the design of the hydel project in Jammu and Kashmir, saying it is not in line with the criteria laid down under the Indus Water Treaty between the two countries.