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Tuesday, December 13, 2011

Mullaperiyar: A Plea for Sanity Ramaswamy R Iyer

http://epw.in/epw/uploads/articles/16878.pdf

Mullaperiyar: A Plea for Sanity
Ramaswamy R Iyer
The safety of the Mullaperiyar 
dam is not a matter for judicial 
determination. This dispute is 
eminently a case for an agreed 
settlement by amicable talks 
between Kerala and Tamil Nadu. 
Talks at the intergovernmental 
level must be supplemented by 
civil society moves to bring the 
people concerned in the two 
states together. 
T
he Mullaperiyar issue has flared 
up again, presumably because the 
empowered committee is likely to 
submit its report shortly, and the Supreme 
Court may make a pronouncement. Feel­
ings are running high in both Tamil Nadu 
and Kerala. Pleas for sanity may well 
fall on deaf ears, but must nevertheless 
be made. 
An account of the dispute and its his­
tory was published in this journal earlier 
("Towards Good Sense on Mullaperiyar", 
6 January 2007). Without going over the 
entire ground again, the issue can be suc­
cinctly stated as follows. Tamil Nadu wants 
the flows (from the dam to the beneficiary 
area in the Vaigai basin) to be maintained 
and increased, and for this purpose it 
wants the water level in the Mullaperiyar 
reservoir to be raised to the design level of 
142 ft. Kerala is worried about the safety of 
the old dam, in particular from the point of 
view of the people living downstream of 
the dam, and wants the water level not to 
be raised above 136 ft, and if possible to be 
reduced to a lower level. 
Issue of Safety
Thus, the issue now is the safety of the 
dam, or so it appears on the surface, 
though under it lies a deep, long­standing 
sense of grievance in Kerala over the 1886 
agreement between the Madras Presidency 
and the princely state of Travancore. 
Leaving that history aside for the time 
being, and confining ourselves to the 
question of dam safety, it is unfortunate 
that the Supreme Court has allowed itself 
to be embroiled in it. Dam safety is not a 
matter for judicial determination. One 
wishes that the Supreme Court had asked 
the two state governments to resolve the 
issue themselves by mutual agreement, or 
directed the Inter­State Council, a consti­
tutional body, to intervene and bring 
about a settlement. Instead, the Supreme 
Court has not merely taken up the matter, 
but has performed the executive function 
of setting up an empowered expert com­
mittee, whose report is now awaited. 
However, leaving the role of the judici­
ary aside, let us consider the crucial issue. 
We are talking about a dam that is 115 
years old. Even if the empowered commit­
tee pronounces the dam safe, the fears of 
the people living downstream of the dam 
and exposed to the risk of its failure may 
not be wholly set at rest. Those fears get 
accentuated by the occurrence of tremors 
in the area, even if these be of relatively 
small magnitudes. There have been so 
many reports of earthquakes in various 
parts of the world that a general sense 
of nervousness is understandable. The 
right attitude to these fears is not to 
belittle them or question their genuine­
ness but to pay due regard to them and 
allay them. The point that while the bene­
fits of the project go predominantly to 
people in Tamil Nadu, the risks are borne 
entirely by people in Kerala, is also not 
without force.
Minimisation of Risk
A dam that is 115 years old must be pre­
sumed to be nearing the end of its useful 
life. Perhaps it can be kept going for some 
more years by some strengthening meas­
ures, but for how long? Is it not time to 
start preparing for a planned phasing out 
of the dam? Meanwhile, it seems wise to 
avoid unnecessary risk, even at the cost of 
being overcautious. If ever there was a 
case for the invocation of the Precaution­
ary Principle, this is clearly one. 
Should a new dam be built in replace­
ment of the existing one, as proposed by 
Kerala? The answer, in this writer's view, 
should be clearly "No". The existing 
project itself was a horrendous interven­
tion in Nature of a kind that would hardly 
receive environmental clearance today. If 
this were a new project now coming up for 
approval, it seems very probable that it 
would have met the same fate as the Silent 
Valley Project. However, it exists and we 
have to live with it; but there is no reason 
why the folly of more than a century ago 
must now be repeated through the build­
ing of a new dam.
What follows? The answer is that the 
existing dam must be strengthened through COMMENTARY
Economic & Political Weekly EPW december 17, 2011 vol xlvI no 51 13
any measures that the empowered com­
mittee may recommend, and must be safely 
operated with a view to the minimisation 
of risk. That may require the water storage 
to be kept at an appropriate level, what­
ever that may be. 
Extent of Adjustment
To what extent will that affect the eco­
nomic activities and the related prosperity 
in the beneficiary areas in Tamil Nadu? 
That question may be answered through a 
counter question: is water use in the rele­
vant areas in Tamil Nadu at the optimum 
level of efficiency, with no possibility of 
improvement? Is it not possible to main­
tain the existing level of economic activity 
with less water? Is it feasible to change to 
less water­demanding activities? Assum­
ing that some supplementing of Mullaper­
iyar waters is needed, are there possibili­
ties, and have these been studied? It is not 
clear whether any work has been done on 
these matters. 
Consider the riparian dispute over 
Cauvery waters (though the Mullaperiyar 
dispute is not a riparian one). Tamil Nadu, 
which has a history of irrigated agricul­
ture based on Cauvery waters going back 
to Chola times, has had to adjust itself 
to reduced flows in the river because of 
inevitable upstream development over the 
years. The argument now is about the 
extent of adjustment. Is it entirely unrea­
sonable to expect a similar process of 
adjustment in the areas benefiting from 
the ageing Mullaperiyar project?
Going beyond the Cauvery case, the gen­
eral prospect in the country is one of in­
creasing pressure on a finite resource, and 
all water users, whatever the nature of their 
use and whatever the source of their water, 
will have to learn to manage with less water 
and get more use out of it. Even without ref­
erence to the state of the Mullaperiyar dam, 
the people in the Vaigai basin will have to 
make a similar effort. Such an effort will 
ipso facto diminish their dependence on 
Mullaperiyar waters. (To cite an inter­
national example, Singapore is trying 
to reduce its dependence on water from 
Malaysia and become self­sufficient in water 
through a variety of measures.) 
None of the cases cited is an exact par­
allel to the Mullaperiyar­Vaigai case, but 
they are illustrative of the possibilities of 
adjustment to changing circumstances.
This dispute is eminently a case for an 
agreed settlement by amicable talks bet­
ween the two states. Talks at the inter­
governmental level must be supplemented 
by civil society moves to bring the people 
concerned in the two states together, on the 
lines of the "Cauvery Family" initiative. In 
the talks, both at the governmental and non­
governmental levels, efforts will also have to 
be made to remove the strong and continu­
ing sense of grievance in Kerala over the 
1886 agreement, to which a reference was 
made earlier. The conflict between the two 
states cannot be fully resolved without some 
attempt to assuage that grievance

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