Table of Contents
THE CONTEXT: Tamil Nadu has recently made another application to the Supreme Court of India regarding the ongoing Mullaperiyar dam dispute with Kerala, highlighting unresolved issues despite a decade since the Court’s judgment that allowed raising the water level. The application responds to Kerala’s claims about the dam’s safety and accuses it of obstructing necessary maintenance work. Despite forming multiple committees to oversee dam safety and operations, no resolution seems in sight.
ISSUES:
- Obstruction of Maintenance Work: Despite the dam’s safety concerns, Tamil Nadu accuses Kerala of obstructing essential maintenance work on the Mullaperiyar Dam. Tamil Nadu alleges that Kerala’s actions are contradictory, as they raise safety issues while simultaneously hindering work that would address these concerns.
- Failure of Supervisory Committees: Despite the constitution of three panels, including a reconstituted Supervisory Committee with enhanced powers under the Dam Safety Act, 2021, Tamil Nadu claims these bodies have failed to ensure cooperation from Kerala for dam strengthening and related works. This has impeded progress towards resolving the pending issues.
- Comprehensive Dam Safety Evaluation: Tamil Nadu must complete a comprehensive dam safety evaluation by December 30, 2026, as stipulated under the Dam Safety Act 2021. This evaluation addresses safety concerns and ensures the dam’s structural integrity.
- Judicial Interventions and Rule Curve Adoption: Despite the unresolved issues, judicial interventions have led to adopting a rule curve and a gate operation schedule for the dam, tools essential for the smooth operation of the dam’s shutters, especially during floods. However, Kerala has reservations about these measures.
- Mega Car Parking Project Litigation: The Kerala government’s proposal for a mega car parking project has become a matter of litigation, with Tamil Nadu disputing the Survey of India’s conclusion that the project site is outside the leased area. This adds another layer of complexity to the dispute between the two states.
THE WAY FORWARD:
- Water Sharing and Safety Agreement: Draft a comprehensive water sharing and safety agreement between Tamil Nadu and Kerala, with the mediation of the central government. This agreement should detail the dam’s operational protocols, water-sharing formulas during different seasons, and emergency response strategies. Having a formal agreement can provide a stable framework for managing the dam.
- Enhanced Supervisory Committee Oversight: The Supervisory Committee, reconstituted with technical members from each state, should be granted enhanced powers and resources to enforce its directives effectively. This could include directly overseeing and expediting the approval processes for maintenance and safety works on the dam. The committee should also be able to impose penalties for non-compliance with its directives, as outlined under the Dam Safety Act 2021.
- Bilateral Negotiation Forums: Establish a dedicated bilateral negotiation forum outside of the court system, where representatives from both states can discuss and resolve issues related to the dam. This forum could be backed by the National Disaster Management Authority and the Ministry of Jal Shakti to provide technical and administrative support. Regular meetings through this forum could help preemptively address potential disputes and foster cooperation.
- Independent Technical Audit: Conduct an independent technical audit of the dam by an expert panel constituted by the Central Water Commission or another neutral central agency. This audit should assess the dam’s current condition and the necessity of the proposed maintenance works. The findings should be transparent and shared with both states to build trust and consensus on the way forward.
- Technology-Driven Monitoring Systems: Implement state-of-the-art technology for real-time monitoring of the dam’s structural integrity and water levels. This could include seismic sensors, satellite imagery analysis, and other remote sensing technologies. The data collected should be accessible to both states and the Supervisory Committee, ensuring transparency and timely decision-making in critical situations.
THE CONCLUSION:
Tamil Nadu and Kerala must resume bilateral talks to address the lingering issues surrounding the Mullaperiyar dam while maintaining the option for legal recourse. The slow judicial process and the potential for political manipulation of dam safety concerns underscore the need for proactive leadership in both states to navigate the dispute and prevent further escalation.
UPSC PAST YEAR QUESTIONS:
Q.1 Constitutional mechanisms to resolve the inter-state water disputes have failed to address and solve the problems. Is the failure due to structural or process inadequacy or both? Discuss. 2013
Q.2 Dam failures are always catastrophic, especially downstream, resulting in a colossal loss of life and property. Analyze the various causes of dam failures. Give two examples of significant dam failures. 2023
MAINS PRACTICE QUESTION:
Q.1 Analyze the complexities of inter-state water disputes in India regarding the Mullaperiyar Dam issue between Tamil Nadu and Kerala. Discuss the role of judicial intervention and the effectiveness of legislative tools, like the Dam Safety Act 2021, in resolving such disputes.
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