Water disputes between states in federal India
"It is said that the next world war may be fought for water." This clearly highlights the significance of water for everyone. Water has always been the most crucial resource. The everyday utility of water is well known to us. It touches upon every sphere of human life, from household purposes like drinking, cooking and washing to agricultural purposes to industrial, water is required by everyone.
The ancient civilizations like Mesopotamia civilization flourished on the bank of river Nile and Indus valley civilization, on the bank of river Indus. One prominent reason why Magadha empire rose to become a mighty kingdom was the presence of rivers Ganges, Son and Champa that encircled it on the three sides and made it impregnable for the enemy.
River water has been a matter of dispute and powerful kingdoms in the Indian history had wanted to establish their supremacy and control over the fertile areas of rivers. The dispute of "Raichur Doab" is well known by us. It was the region between Krishna and Tungabhadra that led to a long drawn conflict between Vijaynagara and Bahmani Kingdoms.
.Post independence, India adopted federal polity, states went reorganization, princely states joined in, every state had it's sphere of governance, but "rivers" were the only entities that did not consider "political boundaries and demarcations" of states. They flew through different states , followed their courses, facilitated the towns on their banks, outplaying the federal character of indian polity.
.So, what makes water a matter of "dispute"? The "population" of India is ever increasing, too many people are chasing too few resources. Water becomes important for sustaining life on earth. India being a vast nation has only few major rivers which are all inter state rivers. "Change in climate", global warming, years of "droughts" increase dependence and pressure over water resources. Water and rivers are deeply imbibed in our "cultures and traditions." Rivers have been worshipped as "Goddesses". Because of which, people are ready to fall in disputes with others..
While major rivers of India like Ganga and Yamuna are bearing the brunt of rising Industrialization and pollution, they have also become instruments of political agendas. With standoffs between states over water sharing disputes, they have divided people and state governments.
.One of the most talked about and old river disputes in India is the "Cauvery water dispute", which dates back to the 19th century. The dispute started off between Tamil Nadu and Karnataka ( the then Madras Presidency and Princely state of Mysore) continues even today. One such dispute is regarding "Krishna river water" which is about a disagreement between Maharashtra, Karnataka and Andhra Pradesh regarding water sharing. The government constituted Krishna Water Dispute tribunal (KWDT) twice to resolve the matter but after the formation of Telangana state, the issue has seen a new impetus.
.One of the most controversial and "violent" water dispute in India has been over the "Mullaperiyar dam" on the Periyar river in Kerala. The dispute is between Kerala and Tamil Nadu over water sharing. Protests, violent demonstrations from both the sides have created problems for people and frequent curfews in the region.
.Construction of dams on rivers is one issue which has given rise to several problems time and again. Be it the construction of Sardas Sarovar dam in Gujarat or the dispute regarding "Zangmu dam" issue between India and China. Construction of dam involves various complex problems, from rehabilitation of localities due to the submergence of land, to the loss of environment and ecology to restriction of flow of water.
.Displacement of people brings in changes in the demography of the other state. Regional clashes take place, and then harmony of that region is disturbed. Unexpected and undesirable turns, violent clashes disturb the unity of states and federal nature of the nation at large.
.What are the arrangements done to solve the water disputes? Indian constitution makers could sense the future of India that issues on water would rise some day. So that had made constitutional arrangements to resolve the water disputes. In federal India, though water is a state subject as per seventh schedule of Indian constitution, but regulation of water bodies is a Union Subject.
.In the article 262, constitution has provisions for the adjudication of inter state water disputes. The parliament enacted Inter state water disputes act, 1956 which empowered the state government to set up an ad hoc Tribunal for the adjudication of disputes between two or more states. On these lines, 8 tribunals like KWDT were created.
.However, the tribunal arrangement has largely failed to permanently resolve the problem. One of the primary reason for this failure is the "delay" in the establishment of tribunals. Like, request for Cauvery water dispute tribunal was made back in 1970 and the tribunal was set up in 1990. Moreover, states were seen out rightly rejecting the judgment of tribunals. States didn't commit to come for mutual agreements thus intensifying the whole issue.
Sarkaria Commission which was set up in 1983 to review Centre-State relations, in its report had suggested recommendations to improve the functioning of tribunals and talked of their empowerment. Then came the amendment to Inter-State Water Dispute Act, 1956 which made the adjudication of tribunals time bound and having the same force as the decree of the Supreme court.
.One of the recent and most revolutionary developments that came up in this regard was the setting up of Mihir Shah Commission which recommended of doing away with Central Water Commission and Central Groundwater board to create a multi disciplinary, National Water Commission. Another development is of "river linking projects" in India which wil transfer water for water surplus areas to water deficit areas. Such move will solve the problems of droughts and floods, at the same time promote fisheries.
.The recent passage of National WaterWays Act by the Parliament is another welcome step. It provides for the creation of 101 national waterways for transportation of goods and also people. This will ensure a good amount of water in the rivers bringing down disputes which will directly strengthen the federal fabric of the states.
.It is to be realised that the resolution of water disputes is not the sole duty of the Parliament, or a tribunal or a commission. River water belongs to the whole community and must be shared equitably to achieve maximum benefits. River is that entity which defies all boundaries by flowing freely and following its own course. Hence, it should be treated as one unit.
The ancient civilizations like Mesopotamia civilization flourished on the bank of river Nile and Indus valley civilization, on the bank of river Indus. One prominent reason why Magadha empire rose to become a mighty kingdom was the presence of rivers Ganges, Son and Champa that encircled it on the three sides and made it impregnable for the enemy.
River water has been a matter of dispute and powerful kingdoms in the Indian history had wanted to establish their supremacy and control over the fertile areas of rivers. The dispute of "Raichur Doab" is well known by us. It was the region between Krishna and Tungabhadra that led to a long drawn conflict between Vijaynagara and Bahmani Kingdoms.
.Post independence, India adopted federal polity, states went reorganization, princely states joined in, every state had it's sphere of governance, but "rivers" were the only entities that did not consider "political boundaries and demarcations" of states. They flew through different states , followed their courses, facilitated the towns on their banks, outplaying the federal character of indian polity.
.So, what makes water a matter of "dispute"? The "population" of India is ever increasing, too many people are chasing too few resources. Water becomes important for sustaining life on earth. India being a vast nation has only few major rivers which are all inter state rivers. "Change in climate", global warming, years of "droughts" increase dependence and pressure over water resources. Water and rivers are deeply imbibed in our "cultures and traditions." Rivers have been worshipped as "Goddesses". Because of which, people are ready to fall in disputes with others..
While major rivers of India like Ganga and Yamuna are bearing the brunt of rising Industrialization and pollution, they have also become instruments of political agendas. With standoffs between states over water sharing disputes, they have divided people and state governments.
.One of the most talked about and old river disputes in India is the "Cauvery water dispute", which dates back to the 19th century. The dispute started off between Tamil Nadu and Karnataka ( the then Madras Presidency and Princely state of Mysore) continues even today. One such dispute is regarding "Krishna river water" which is about a disagreement between Maharashtra, Karnataka and Andhra Pradesh regarding water sharing. The government constituted Krishna Water Dispute tribunal (KWDT) twice to resolve the matter but after the formation of Telangana state, the issue has seen a new impetus.
.One of the most controversial and "violent" water dispute in India has been over the "Mullaperiyar dam" on the Periyar river in Kerala. The dispute is between Kerala and Tamil Nadu over water sharing. Protests, violent demonstrations from both the sides have created problems for people and frequent curfews in the region.
.Construction of dams on rivers is one issue which has given rise to several problems time and again. Be it the construction of Sardas Sarovar dam in Gujarat or the dispute regarding "Zangmu dam" issue between India and China. Construction of dam involves various complex problems, from rehabilitation of localities due to the submergence of land, to the loss of environment and ecology to restriction of flow of water.
.Displacement of people brings in changes in the demography of the other state. Regional clashes take place, and then harmony of that region is disturbed. Unexpected and undesirable turns, violent clashes disturb the unity of states and federal nature of the nation at large.
.What are the arrangements done to solve the water disputes? Indian constitution makers could sense the future of India that issues on water would rise some day. So that had made constitutional arrangements to resolve the water disputes. In federal India, though water is a state subject as per seventh schedule of Indian constitution, but regulation of water bodies is a Union Subject.
.In the article 262, constitution has provisions for the adjudication of inter state water disputes. The parliament enacted Inter state water disputes act, 1956 which empowered the state government to set up an ad hoc Tribunal for the adjudication of disputes between two or more states. On these lines, 8 tribunals like KWDT were created.
.However, the tribunal arrangement has largely failed to permanently resolve the problem. One of the primary reason for this failure is the "delay" in the establishment of tribunals. Like, request for Cauvery water dispute tribunal was made back in 1970 and the tribunal was set up in 1990. Moreover, states were seen out rightly rejecting the judgment of tribunals. States didn't commit to come for mutual agreements thus intensifying the whole issue.
Sarkaria Commission which was set up in 1983 to review Centre-State relations, in its report had suggested recommendations to improve the functioning of tribunals and talked of their empowerment. Then came the amendment to Inter-State Water Dispute Act, 1956 which made the adjudication of tribunals time bound and having the same force as the decree of the Supreme court.
.One of the recent and most revolutionary developments that came up in this regard was the setting up of Mihir Shah Commission which recommended of doing away with Central Water Commission and Central Groundwater board to create a multi disciplinary, National Water Commission. Another development is of "river linking projects" in India which wil transfer water for water surplus areas to water deficit areas. Such move will solve the problems of droughts and floods, at the same time promote fisheries.
.The recent passage of National WaterWays Act by the Parliament is another welcome step. It provides for the creation of 101 national waterways for transportation of goods and also people. This will ensure a good amount of water in the rivers bringing down disputes which will directly strengthen the federal fabric of the states.
.It is to be realised that the resolution of water disputes is not the sole duty of the Parliament, or a tribunal or a commission. River water belongs to the whole community and must be shared equitably to achieve maximum benefits. River is that entity which defies all boundaries by flowing freely and following its own course. Hence, it should be treated as one unit.
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