With the Centre lacking in both political will and moral authority to help find solutions to inter-State disputes, it needed the Supreme Court of India to step in to cool tempers between Tamil Nadu and Kerala on the overheated issue of the Mullaperiyar dam. Putting first things first, the five-judge Constitution Bench of the Supreme Court asked the two States not to arouse people's feelings and create a fear psychosis on this issue. Clearly, the situation was threatening to get out of hand with chauvinist elements on both sides trying to shut out reasoned debate on what was essentially a question for technical experts to resolve. Neither political leaders nor lay people can contribute meaningfully to making decisions about the safety and stability of the 116-year-old dam. On the directions of the Supreme Court, the Empowered Committee, headed by the former Chief Justice of India A.S. Anand, is looking into all aspects of safety of the dam, and will soon submit its findings — on the basis of expert assessments. The proper course, as the Supreme Court pointed out, is to wait for the recommendations of the committee. The matter must not be left to fringe elements that are out to whip up emotions cynically.
The highest court in the land has made it abundantly clear that this is an issue on which politicking is inadmissible. Its merits cannot be determined on the strength of mobilised support, but only through legally sanctioned means. The two Chief Ministers, who have pursued a course of relative moderation in a potentially volatile situation, must now do more: they must take the lead in giving effect to what the Supreme Court has ordered as an immediate measure, and douse the flames in the border areas. Over the last few days, Theni in Tamil Nadu and Kumily in Kerala have witnessed violent protests and road blockades. In situations such as this, security personnel tend to give a lot of room to protesters, thus allowing public order to be compromised. Both State governments need to give clear instructions to their police forces to deal firmly with law-breakers. The process of finding a mutually acceptable solution cannot be hastened. The effort must not be aimed merely at balancing Kerala's apprehensions about the safety of the dam against Tamil Nadu's concerns over threats to its water rights. Issues of life and livelihood, which are seen to be at the heart of the dispute, need to be resolved to the reasonable satisfaction of both sides. But as long as rational principles guide the process of finding an enduring solution, there can be no cause for grievance on either side. After all, there can be no argument against science.
Keywords: Mullaperiyar issue, inter state dispute
No doubt the concern of both sides should be protected.But who said Tamilnadu's interest will not be protected.Kerala is assuring water to Tamilnadu.Tamilnadu CM will not speak to Kerala CM,She will not send her officials to Kerala or Centre,She will not go to Centre.Eventually the PM's office came down to Chennai to discuss the issue and our PM flown back adhering her advice that the action on setting up of a contingency body will be frozen.No one will expect this Centre government who prostrate in front of Tamilnadu to mediate and come out with a solution.How long a dam built to last for 50 years can prolong indefinitly-one day we should lay the first stone to start the work -then why it can't be before a calamity-the reason is the old draconion agreement is a windfall gain for Tamilnadu at the cost of Kerala.. a new agreement can't be a draconian one again.As usual,the Hon'ble Supreme Court need to be practical regardless of what the Empowered Committe will bring in.
If the Maharaja of Travancore signed the contract under duress - legally speaking - there was no proper consent and therefore no valid contract ever existed. Perhaps, the Supreme Court needs to consider this fundamental aspect of the Law of Contracts. Speaking of fairness in this transaction between these two states, it is apparent that Tamil Nadu received the better end of the bargain and it's just human nature that Tamil nadu wants to cling on to this cushy status quo.
The centre should intervene immediately before the situation goes out of control of the respective state governments. Let all be united as Indian citizens rather than malayali or tamilain and pray nothing happen to the dam and make our people realize that it is not good to play with the lives of the people.
Let's appeal to our brother politicians from Tamilnadu that they show the courage and educate the people that building a new dam is not going to affect the amount of water that they are getting from Kerala. In fact a new dam will give relief to lakhs of people in kerala as well as provide uninterupted supply of water to Tamilnadu thus maintaing the brother hood and harmony that two states have.
What a pity that majority of human beings take parochial view - no body in their various comments above has come out with acceptable reasons WHY TN DOES NOT agree for a A NEW DAM to be built - JUSTIFY THE STAND WITH REASONS as Kerala has never ever said they will curtail, reduce or stop giving water to TN. Then why object. Can the Editor kindly explain please.\Thank you
Can someone please explain to me what Tamil Nadu is going to lose if a new dam is built with Kerala's money and the old water agreement with Tamil Nadu is guaranteed in writing?
People of kerala seem to be having a notion that kerala is selflessly supplying water to TN.You have to understand that the dam belongs to Tn on lease agreement which ensures payment to kerala for the water as well as hydro-power produced from it.Please see how exactly the water is diverted and see if its feasible for TN to get the amount of water as gien by supreme courts judgement from the proposed new dam.You will understand TN's concerns.The way kerala is trying to overrule the supreme court's judgement by drafting its own law naming mullaperiyar in the list of dams of which it has exclusive control,its intentions seem to be evil.
Instead of the water going into the Arabian sea,its being diverted to drought prone TN.I know kerala has a good literacy rate but that does not mean you have the expertise to decide if the dam will break or not.Dont spread unnecessary fears.Kerala is majorly dependent on TN for many other things dont forget that.
this is what wrong with our politicians. their job is to debate and make laws sitting in assemblies and parliament but instead they are making mob()
Any infrastructure / resources related to the nature's "Five Elements" can be moved under Central Government. Five major departments could manage the five elements related task vide Water (river, sea/ocean, lakes, springs, dams, ports), Air (aviation, communication), Earth (Forest, wildlife, historical sites etc), Space (space research), Fire (Power/ electricity, gas, oil, earth minerals, coals etc). In the above said element already most of them are under central government. Byproducts / service from these five elements could be managed with central & state government partnership. By nature all these five elements needs to be coexist in harmony to support life system in this planet. Taken this as principle/motto, if the five departments work in harmony for the citizens of the India, people can live in harmony and happy.
I disagree with the statement that the Mullaperiyar issue is for scientists to solve. If the scientists come to a collective agreement/verdict that the dam has a 60% survival rate (major damage) in case of a magnitude 4 earthquake, with a probability to strike in the region within the next 100 years is 20%? It is for the politicians to then take a moral decision on whether this threat level is acceptable or not.
I would like to propose a solution to the dispute and I think it a rational one. Why I call it rational is that it safeguards the claims of both the states, simultaneously. Let alone the existing dam, as claimed by the T.N. and construct a new dam keeping a considerable distance away from the old one and let it continue as a dam without water. Then leave the issue to the nature (a wait-and-see policy). Apart from 'cooling' the hottest-ever issue, it gives the outer world an opportunity - in case the old dam happens to collapse as feard by Kerala or not - to realise on which side the lays the truth. A possioble obstacle before this proposal may be with regard to the landscape of the disputed area as to the water level in the old and the new dams is not going to be equal.
Your editorial is again, as the previous one on this issue was, irritatingly diplomatic. How can anyone, be it the Supreme Court, the Tamil Nadu government, or politicians, trivialize the fears of a people living under a 116-year old dam made of lime? The Supreme Court observes: "if the situation is so grave and serious, the committee would have sought our intervention and sought an order from us. It shows that the situation at the ground level is not that grave as projected by you[Kerala]." What sort of logic is this? Does this imply that the situation is serious only if the committee says so? And when will it say so? When another earthquake strikes? It is quite distressing to see even the highest Court in the country adopting diplomatic positions, instead of prioritizing the protection of the lives of citizens. And what does the editorial mean by "issues of lives and livelihood"? Where is the issue of livelihood? Did Kerala ever say they would not give any water from a new dam?
The editorial is indeed diplomatic and the author refuses to go deeper into the issue. however there is one point that the author rightly pointed to in the editorial. that is to suggest that we wait until the high power commission comes out with the report which is now expected in two months. I think its absurd to suggest that something will happen to the dam in the next two months that has not happened in all these past years during which the dam safety issue has come up again and again. So one wonders if the politicians have any hidden agenda other than the safety of the people when they try so hard to opt for an out of court settlement without even waiting for the commission's report.
I am neither a Tamilian nor a Keralite. I fail to understand these hardening of stand on the issue. What is the issue here ? Dam or Water ? If an old dam leads to concerns, what is wrong in it? Is not safety first a right attitude? Neutrality....Well, what if the same dam were to be in a State other than TN. Would the paper have taken such a neutral view or a more pragmatic one...just in case Sir ? Ofcourse no one agrees with the politicos anyway.
Your editorial is at best a balancing act, not a detached look at facts. True, safety of the dam is a purely scientific question, but the delay to come up with a decision on it seems to be political rather than "scientific". Moreover, there are issues involved here which are other than scientific. For instance, the dam is situated in the land of Kerala; it is built across a river that originates and flows through Kerala; and yet Kerala has neither any right nor derives any advantage from it. The sole beneficiary is TN. Kerala faces only catastrophic consequences. So it turns out to to be a an issue also of justice and law. Further more, the agreement was forced on the Travancore King by the Britishers. It was an act of colonial masters in utter disdain for the rights for the natives. Thus an issue of freedom. If Kerala gives TN water it is an act of generosity. But TN politicians are asserting their "rights" where they have none; also inciting violence against Keralites.
Well written and composed editorial over Mullaperiyar issue. Both the state govt should avoid playing politics on such critical issues, which is a livelihood for thousands of people. Govt cannot play with the sentiments of people.Now, the ball is in the hands of Supremecourt, they should come up with such a solution which is amissible to both the state govt, and much in the favour of people.
It is high time to give up rhetoric and liseten to saner voices like this. We all belong to one nation and safety and livelihood of every citizen is our concern. The right demand at the moment can only be to expedite the study by the empowered committee to find a lasting solution to the inflammable issue. Those who are chavunistic are in fact acting against the well being of their own people for whom they think they are raising voices. Oh rhetorics, chauvinists and separatists - listen - who is ultimately benefiting out of such ignited speeches and violent actions. Stop and think.
Your views are worth consideration by both the states, Kerala and Tamil Nadu. Ruling parties of both the states, should ideally heed to Dr. Kalam’s advice and not indulge in whipping up passions. There should be a genuine desire to seek and arrive at solutions. Inter-state river water disputes are not some thing which cannot be solved through a process of amicable discussions. Expert opinion about safety of the dam should be accepted by both the states. Needless to say people of the both the states would only be losers if they get influenced by short-sighted politicians who are in plenty every where.
Your editorial 'Just cool it' (Dec.15, 2011) can at best be termed 'diplomatic'. Comparing Kerala's apprehensions about the safety of the dam with Tamilnadu's concerns over threats to its water rights and treating issues of life and livlihood alike are indicative of non-commitment. Your evaluation that Mullaperiyar is "essentially a question for technical experts to resolve" is not the complete truth. Here the basic fact is that no expert or group of experts can resolve questions of dangers likely to occur in Mullaperiyar or Kudankulam which are highly unpredictable in nature and and are likely to cause unimaginable losses in life and property, in cases of even minor errors. Hence one finds it difficult to assimilate the Supreme Court direction, and your concurrent view, 'to wait for the recommendations of the Empowered Committee', for its time-frame to look into all aspects of safety and stability of the dam on the basis of expert assessments and to submit its findings is limited only by a vague "soon". In fact, Mullaperiyar is more a political issue than a technical one. Tamilnadu hangs on to it from the historical lease deed between the Maharaja of Travancore and the British ruler of Madras Presidency. The lease deed for 999 years was against the then existed laws in both Travancore and in Madras. The maximum permissible period of lease was 99 years. Secondly none questions the truth that the Maharaja was dead against signing the agreement and he was forced to do the same under the brutal political pressure from the British who, at that time, held 'power of superintendence' over all native Kings. Thus the notorious agreement mentioned above is purely political. Since Independance and after the States' re-organisation, Mullaperiyar should no more be a subject of inter-State dispute. It fails to pass judicial scrutiny under the post-indepedant rules. If Tamilnadu requires water from Mullapperiyar, it should be an entirely different demand which should be treated sympathetically and on merits. The politics of mob violence is, of course, not to be allowed and should be treated as a law and order problem. The States and the Centre have the duty and rights to deal with the situation. As you have rightly pointed out the Centre is "lacking in both political will and moral authority" to find the true solution.
Unfortunately, a neutral stand is not always the right one - whether it is an editorial, a Supreme Court order or a Union Govt watching as a bystander. The Tamilnadu Govt. and political parties had no problems in investing crores trying to build to new Assembly building, even when one was not needed, but find no necessity in replacing a 100+ year dam, which pose a threat to ordinary people. Can the Tamilnadu government come out clear on what its real apprehentions are with building a new dam? When the Kadalundi train mishap happened in 2001, it was pointed out that the 120-year old bridge couldn't take the weight. Are we waiting for something similar to happen and then decide whether the dam is strong or weak? The saddest part is when the issue is made as an inter-state issue? What would one expect a government to do if the dam was within their own state?
This time you made it a balanced one. "After all, there can be no argument against science." you aver rightly. But these days science and its ways evince no respect from the populace. It need not be their mistake. They are guided by such leaders, who lack a scientific mindset or such an attitude. They whip up the base passions of the mass by shouting frivolous and motivatng slogans for making wrong actions. This has been the deadly panorama of events that cascaded down stream the last few days in the border districts of Tamil Nadu and Kerala. Now, that the apex court has given its methodic pronouncements, the explosive situation keeps petering out. The court has administered its admonition to both State Chief Ministers for their misdemeanour in dealing with the issue. They should take it in a spirit it merits. The Souhern States have been living in amity, friendliness and harmony. We should not allow the vested interests and the unruly elements to destroy this fabric of good relations
It's good to see that the Supreme Court has taken a neutral stand in the Mullaperiyar issue to douse the flames.It's certain that the chauvinistic forces are really utilizing these situations to worsen the good relationship between both the states. The political leaders should also show maturity rather than making people more worried. The move by the political parties of Kerala to withdraw all kinds of agitations being organized by them is welcome.What needed is an amicable solution and for that to happen the governments on both the states should respect each other and center should also play a role of mediator rather than saying that 'we can't do anything as the issue is dealt with supreme court'.
In reference to this sentence-"The effort must not be aimed merely at balancing Kerala's apprehensions about the safety of the dam against Tamil Nadu's concerns over threats to its water rights". Its not a mere apprehension about the safety of the dam. CWC is the one who proposed to build a new dam way back in 1979 just because they find the dam is weak. Now 30 years after that, is the dam is good as a new one? Kerala promised to give water even after a new >dam is built and agreed to submit a written document promising water wherever tamil nadu wants. Kerala is supplying water for all these years and never failed to do so at least once, still why tamil nadu is worrying about water. their claims of water rights in Mullaperiyar dam is not feasible since PERIYAR is a river which originates in kerala and flows through Kerala. Are they exploiting Kerala's generosity? Kerala is supplying water to many other places in tamil nadu from various other dams. still, y TN is playing with our lives??
May be "there can be no argument against science" per se. But there could be arguments against interpretation of scientific theories and accuracy of data claimed to be collected scientifically. As a matter of fact science has progressed by constant questioning of theories and the data on which these are based. As in the case of the safety of nuclear power plants, safety of dams is a life and death issue for the people in general. It should not be trifled with. Some expert agency or agencies must have certified the hospital building that caught fire recently in Calcutta as fit for human occupancy and for running a hospital in it. But did that certificate save the people who were killed or wounded in the fire. Without liberty for non-violent protest by people, will this country qualify to be called a democracy?
Good editorial, but the last sentence seems to be vague and generalizing in spite of the fact that technology may be trusted more than human emotions. You can say there can be no argument against science, but many times there are realities such as fear, identity crises, will to dominate, a particular self-understanding, using available but imagined communities to negate and victimize the other - and many such things - which science or technology may not be able to always answer. Or, at least, the available 'scientific' disciplines [I call this way because of the fact that many times disciplines in Humanities and Social Sciences have taken pride in calling themselves scientific, probably as a result of the claim for the supremacy for science] answer in multiple ways.
The Editorial seems to reveal the interstate truth .Water is the lifeline of all.So,careful preservation of water and its judicious utilization has to be emphasized upon.
Cool! A very balanced Editorial that beautifully presents the complexities of the situation and the need to implement Supreme Court's advise effectively.The need of the hour is to wait for the Empowered committee's report and take a holistic view of the matter which ,as the Editorial points out , Mullaperiyar is an issue of life and livelihood, for thousands of people in both states but with differing perceptions.Chauvunism has no place in such issues.
Is it out of place if I point out the inordinate delay by the Hon.Supreme Court in dealing with this problem? If only it had reined in the Kerala govt., of the day when it passed an amendment in its Assembly in defiance of the order of the Apex Court, the matter could have been settled in a more amicable manner.I regret that your editorial has failed to mention the orchestrated hate- compaign by the politicians of all hues from Kerala, unlike the present Chief Minister of Tamilnadu who is showing admirable restraint in all her words as well as actions.
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