MULLAPERIYAR DAM – LIFE AND DEATH ISSUE FOR TN & KERALA

The controversy about Mullaperiyar dam has drawn the attention of the people at national level and discussed and debated at length in the media. It has also become a thorny issue for the Centre to settle the sensitive dispute when both the States of Tamil Nadu and Kerala have stuck to their respective stands. When TN wants to maintain their rights over the maximum availability of water for its drought prone southern districts of Tamil Nadu, Kerala fears that if the dam breaches, it would be a colossal disaster for the four million people living downstream. In short, it is a story of large heartedness of water plus Kerala to help out the neighbouring water starved State of Tamil Nadu that cries for water for the cultivation of its drought prone areas. Now the people and the Government of Kerala feel that bad days are ahead and started shouting for help to avert the impending disaster with all sorts of suggestions and seeking intermediaries to sort out the complex issue.

The history of the construction of dam goes back to British era when the idea was first conceptualized by the then rulers of Madras Presidency who approached the Maharaja of Travancore for diverting water from Periyar to Vaigal river for agricultural purposes. Although the plan was initiated in the year 1808, the official signing of the agreement was done in the year 1886 and thus the dam was built in 1985 on the river Mullaperiyar. It has a length of 1200 ft. and height of 155 ft and the catchment area comes to 5334 sq. km. of which 5222 sq. km. come inside Kerala and the remaining is in Tamil Nadu. The signing of the agreement seems to have been done by the Maharaja of Travancore under pressure from British Government and whatever the compensation given against the diversion of water from the dam for irrigation and generating electricity was quite token and nominal. And the agreement entered into between two parties was for a period of 999 years. As such Madras Presidency was very alert to modify and expand the dam structure periodically and started the process of generating electricity. In fact, after the reorganization of the State on linguistic basis, the popular government in Kerala was not alert to take care of its own interests as compared to the erstwhile princely Sate of Kerala while Tamil Nadu Government went on to take maximum advantage of the dam by supplying water to its southern part of drought hit areas.

Though Kerala could have taken adequate steps to safeguard its interest, it again signed an agreement with TN to continue the uninterrupted use of water and generation of electricity through another agreement in the year 1970. It was really an unwise step on its part and later on that step turned out to be the ratification of the previous agreement signed in 1886, which resulted in weakening the scope to challenge the previously agreement legally in the court of law. The second agreement gave Kerala the right to fishing in the lake as a compensation for allowing power generation and increase in the annual rent for the land, inspite of the fact that Kerala government started raising the issue of safety of the dam way back in 1960. Whatever the repairing work to plug the leakage and the weakening structure undertaken by TN Government was not sufficient to give the desired results and thus on request, the Central Government interfered in the matter and an expert commission was appointed under the Chairmanship of the then Chairman of Central Water Commission and two engineers each from the two States as its members. All the suggestions put forward by the Commission were fulfilled by TN, but could not implement the last suggestion of constructing a new dam not far away from the existing dam. The main reason shown by the reluctance of building the proposed site for the new dam was that it came under the wild life sanctuary and the clearance of Forest Department was required. Meanwhile, leaks were detected below the baby dam and the commission suggested the strengthening of the same. However, Kerala was satisfied with the retention of water level at or below 136 feet in the dam. But later on the pressure from Tamil Nadu to raise the water level precipitated the matter and a two member commission appointed by the Kerala State to look into the feasibility of the demand of TN found that the main dam has already completed its normal life and amongst its other findings, the main recommendation was that the water level should not be raised beyond the stipulated 136 ft.

Later on 1998, both States held ministerial level meeting to sort out the issue, but the reports were contradicting in nature and this led to filing of suits in the Courts of Kerala and TN by various agencies and individuals. Ultimately TN approached the Supreme Court for transferring all pending cases into the purview of the Apex Court, which in turn asked both the States to sort out the issue through bilateral talks. There was a standstill regarding raising the water level above 136 ft. and thereafter the Supreme Court directed the Central Government to appoint an expert committee, and during this period i.e. between December 2000 and January 2001, two serious earthquakes took place near to the dam site resulting in several cracks and water leaking on the dam. As to how such leaks would be stopped became a bone of contention between two States and the recommendation of the Central Water Commission to raise the water level after strengthening the dam to 142 ft. initially and thereafter to 152 ft. was rejected by the representatives of Kerala who were part of the expert committee. Based on the approval of the raise of water level suggested by the Committee and forwarded to Central Government, Supreme Court made an order in 2006, which went in favour of TN, but rejected by the Government of Kerala. After the pronouncement of the Order of Supreme Court, there was a demand from all sections in Tamil Nadu to close the shutters in order to allow the raising of water level in the dam.

However, Kerala assembly convened an extra ordinary meeting and the then Chief Minister, Oommen Chandy made it clear that water level would not be allowed to raise above 136 ft. and the special session of the Assembly passed Kerala Irrigation & Water Conservation (Amendment) Act 2006 which gave powers to Kerala State to verify the safety of all dams in the State and take necessary actions, if necessary. Although TN approached the Supreme Court, still status quo is continuing.

Now, Kerala seeks new dam to protect the lives and property of its citizens and all the political parties were united and observed a total shut down in four districts – Idukki, Kottayam, Alappuzha and Ernakulam. The State is concerned with the recent strong earthquakes that can endanger the lives of four million people residing in downstream area. Anger and anxiety among the people living in and around the dam area has increased. The Chief Minister assured the opposition leaders to do the needful by suggesting to construct a new dam so as to dismantle the existing one to save the lives of the people and alleviate their constant fear. Even, he represented the case before the Prime Minister and led an all party delegation of Kerala MPs with a request to intervene in the matter before the situation turns beyond control.

Prime Minister stressed on the need to create a conducive atmosphere in both the States and requested to arrive at a mutually acceptable solution through process of dialogue and communication and advised both the Chief Ministers to maintain restraint and enter into a meaningful dialogue to sort out the issue.

Thereafter, a special one day session of the Kerala assembly was also convened for arriving at a political consensus on the demand for a new dam in place of the 116 year old structure. It adopted a unanimous resolution to lower the water level in the reservoir to 120 ft from 136 ft as an immediate safety measure. Chief Minister of Kerala is wondered over the adamant attitude of TN Government, when it has assured the same quantity of water to TN and there was no plan for regulating the flow and restriction or diversion of quantum of water. He also rejected Jayalalithaa’s charge that political parties in Kerala are whipping up fear psychosis on the safety of the same. Meanwhile, the Supreme Court dismissed the demand of Kerala to reduce the water level to 120 ft. considering that the situation is not that much critical and at the same time dismissed the demand of TN Government to raise the water level over the present level of 136 ft.

The political scenario in Tamil Nadu was gradually heating up in Tamil Nadu, when widespread protests were going on in Kerala. DMK observed one day fast in all towns and districts to draw the attention of the Centre and neighbouring Kerala, while Chief Minister Jayalalitha has convened a special assembly session to discuss the matter and declared that the water from Mullaperiyar dam is a lifeline to the water starved TN for irrigation and as per the existing agreement and under any circumstances, it would not succumb to the pressure tactics of Kerala. Chidambaram also stated in a meeting that the issue of dam safety was raked up in view of Piravom by-election. However, his statement was rebuked by his own party men in Kerala as an immature comment without realizing the gravity of the ground reality. Meanwhile, TN Government has banned the screening of controversial film “Dam 999”, as the characters in the film spoke of the theme that a dam, though built for drinking water and irrigation requirement was a potential disaster on account of earthquake and depicted in the film such a way that it would be ten times dangerous than a nuclear disaster. Meanwhile a special session of TN assembly was convened to pass a resolution that the State would not give up its rights over Mullaperiyar dam. The unanimous resolution would send a clean signal that the State is united on this issue. Jayalalithaa requested her counterpart not to politicize the dam issue and solve the matter in scientific spirit and based on the findings expert committee.

It was also reported that scattered violence took place on border areas of the State targeting Keralites and tension is building up due to the passion created by political parties in their respective States. It is quite strange that the national parties are also taking sides with the State political parties without suggesting a solution to the issue. On the part of Kerala, the CM Oommen Chandy urged his counter part to take care of the safety and security of scores of Keralites settled and living in Tamil Nadu and assured them that Kerala has taken adequate steps to protect the safety of the people hailing from Tamil Nadu staying in the State.

Now, the Supreme Court has asked the Central Government to give response to the demand of both the State Governments seeking deployment of Central Industrial Security Force (CISF) for the security of the dam including the sabotage by anti-social elements or miscreants to create havoc by taking undue advantage out of the volatile situation. It has further directed both the parties to respect the status quo and declared that the Supreme Court empowered Committee was still looking to the dam row issue and may give its final verdict after going through the entire matter and hearing both the parties and weighing their presentations and also based on the real facts. Kerala High Court has also asked the State Government to clarify the action that will be taken to provide relief and rescue the people in case of a disaster due to the breach of the dam.

Since the Supreme Court has intervened in the matter, political leaders of both the States have advised their cadres to keep calm till an amicable solution is found at the earliest. The visit of Prime Minister to Tamil Nadu on the eve of Christmas got an opportunity to submit a memorandum to him by Jayalalithaa to advice the Kerala State to abide by the Supreme Court order and carryout strengthening work of the dam and on the other hand Karunanidhi also appealed to Prime Minister to see that the attack on Tamilians in certain pockets of Kerala would be viewed seriously and do the needful.

Now the ball is lying on the court of Central Government to take up the issue seriously and bring the parties across the table by entrusting the investigation to a truly professional technical team either from the country or abroad regarding the safety of dam and its capacity to resist the pressure of water during monsoon and what interim steps would be taken till an alternate formula is adopted to set right the matter. It would also highlight the tragedy of collapse of dams in the recent past to the public glare and set norms for the life span of a new dam when approval may be granted by the concerned ministries. Finally, it is also the responsibility of the Centre to take all the social, economic, geographical aspects of a dam which would be built in future on the borders of two states and the possible confrontation in future, if something goes adverse technically or economically which in turn may detrimental to the interest of the people of a particular state.

In the case of Mullaperiyar, the State of Kerala is pleading the case with practical approach and Tamil Nadu being the beneficiary should practically see the safety of dam and security of the people of its neighbouring State and ought to act in a sensible manner considering the future consequences and without forgetting the needs and necessity of its people from the existing dam or the dam which may be built at the cost of Kerala. It is the most opportune time to act with great constraints and not the time for profit and loss in economic terms, as a wrong decision may sometime create havoc and holocaust and under the situation who would take up the responsibility for such a situation and who will award exemplary punishment to the authorities responsible for the same.