Tuesday, November 29, 2011

MULLAPERIYAR UNBOUND

When individuals blunder, it is unfortunate and then families go down. When rulers fail, it is a National tragedy
There is a haunting story by John Steinback called ‘The Pearl’, in which Kino, a poor Mexican fisherman, discovers to his terrible cost the destructive power of natural wealth. The situation of state of Kerala is very much similar; though it’s not about once a century gem but ‘water’. The whole script recorded is 125yrs old. Oct 29nth, 1889, the water sharing agreement was signed between the Travancore kingdom and Madras presidency. The agreement was forced upon the state of Travancore by the British regime is very much clear from the records of the king. It was a 999years lease agreement. The treaty lost its validity once the British left the country and further a new agreement was cropped in by the Achutha Menon ministry in 1970. This agreement was supposed to be renewed in 2000, but thanks to the political vibrations; has turned out to be a major bone of contention between the brethren states of Tamilnadu and Kerala. The point of concern is essentially the 1200ft long and 155ft high Mullaperiyar dam; which is the highest of the one of the oldest gravity dam situated 5000ft above sea level. The dam which gets its name by the combination of Mulla and Periyar has a poignant history in terms of its construction; where almost 442 people lost their lives.
The commercial aspects can never be ignored. Tamilnadu gains around Rs.1200cr from the waters of Mullaperiyar whereas it pays only a modicum of Rs.30lakhs  in return. Water is a universal asset, transferred from generations to generations and Cyrilnomics never feels that a river or a water body, if flowing through a region’s (state) territory gives automatic authority of its control to the that region. But, an agreement on the distribution of the same is highly recommended to facilitate smooth relationship between the partners. There are two powerhouses running in Tamilnadu, utilizing Mullaperiyar water (3rd one is under construction). The grape yards of Tamilnadu decide the commercial rates of Indian grapes which inevitably relates its existence to the waters of Mullaperiyar. Districts of Ramanathapuram, Theni, Dindigal, Madurai and Sivaganga find its political unification mainly because of the word Mullaperiyar. Only 2% of the catchment area of Periyar (114sq.km out of 5398 sq.km) belongs to Tamilnadu. A deeper postmortem will show that in 115yrs, Tamilnadu has got 6960tmc water (yearly avg. of 60tmc). The cost of the same, at present rate may come upto 7000cr.Rs 600cr/yr electricity is generated. Taking the statistics further, on a cumulative basis, from 1960, Kerala should have been given Rs 37,000cr (including that of power generated), while Tamilnadu is paying only Rs 10lakhs a year. There is perhaps a danger of excessive optimism giving way to unthinking pessimism.
The analysis of the present day condition of the dam will show us that whether such a hue and cry is justifiable or is yet another political drama. Too much of extreme steps are not desired, as it will readily hamper any progress made towards the construction of the new dam. Strong evidences are the need of the hour which can emphatically show the leakages of the dam and its vulnerability towards any potential disasters. The Supreme Court expert panel report and the study report of IIT Roorkee should act as the authentic documents (than merely getting carried away by animated movies or planetary positions) and since this has a greater overlap with state of Kerala’s concern, it is highly recommended to the state govt. to expedite the process through legal channels than through political gimmicks. The dam inspection was carried out by the apex court appointed technical panel on March 9nth this year. Inner water studies of the dam were carried out by Remote Operated Vehicle (ROV). Considerable numbers of fissures were observed during the study. The bigger ones observed at a depth of 110ft were fissures(read holes) with dia of 6-9inches. Unfortunately, how far the fissures have moved inwards could not be found out. The systemic restrictions will facilitate for a study of only up to 15 to 16m from water level (119.7 ft being the avg. water capacity). If such are the cracks observed in the said level, then the condition of the very base of the dam is easily imaginable, which clearly underlines Kerala’s plea for immediate reduction in water level and construction of new dam.  
What may happen if the dam collapses? If the Mullaperiyar and the Idukki dam breaks, Kerala will get divided into two, says Central Soil & Material Research Station Team. The Comprehensive Disaster Management Plan for Mullaperiyar dam hazard estimates that if something happens to the dam, then the debris may reach the Idukki dam, which is 36km downline. Idukki dam, with a capacity of 70tmc, is 79% full already. If the debris alongwith the 15tmc water reaches the dam, it may not show the resilience. If the burgeoning water gushes form Mullaperiyar to Idukki, then it may cause death of around 70,000 people (of which 30,000 will be Tamilians). If Idukki dam also breaks, it may initiate a chain reaction of destruction of 11 dams in line, which tags Mullaperiyar with the name ‘Water Bomb’. This water, if flows down can cause serious damages to Ernakulam, Kottayam districts. Further , downflow may uproot the Neriyamangalam bridge, which connects Idukki and Ernakulam and can cause flood in Alwaye and not to forget Cochin airport. Mullaperiyar dam is facing frequent tremors. If it faces a quake of above 6 in Richter scale, the dam may collapse is the ultimatum given by IIT Roorkee. Experts suggest that a dam has to be de-commissioned after its life (60yrs), but Mullaperiyar has completed 115yrs, which adds on to the conundrum.
Any unfortunate incident can be equally damaging for Tamilnadu. Nearly, 5 districts will face scarcity of water. Both, the alternate forms of govt. reaching the power in Kerala have never denied water to Tamilnadu, shows the history. Kerala, which is dependent on Tamilnadu for commodities including staple foods, fruits and vegetables, can never even in dreams think of denying water to Tamilnadu. As stated by the government of Kerala, the state is ready to give the prescribed amount of water, but what it demands is the safety of its people. Because of the frequent tremors, and the dilapidated condition of the dam, immediate scaling down of water level and construction of the new dam is highly desired. At present, the water level is 136ft, i.e; 21.4cr.cu.m.The present water discharge capacity of the system works out to 49.25lakh cu.m. At least, it will take a minimum of 10 days to scale down the water from 136ft to 120ft (provided the discharge is done 24x7, with the assumption of no influx of water). This shows that how assiduously we need to work for a new dam in no time. All the technical and authentic commissions finally narrow down to the same prescription. A new dam, which need to be constructed 366m downline, with dimensions of 370.1m length and 53.22m height and will incur a cost of Rs663cr. A new dam can effectively give more water than prescribed limit with renewed agreements on international standards. Hence, this is not an issue between two states, it is just a victim of yet another Goebbelsian propaganda , it is just a case of mis-understanding or at best a successful miasmic political playground of regional parties of both the states. Till the new dam gets materialized, lets hope that the British technology along with the prayers of the people belonging to the vulnerable districts will hold the Mullaperyar dam together. When ordinary human being err, it is sad, but when leaders do, it haunts us for generations. At least lets not work for any political mileage here. Please!       

Wednesday, November 2, 2011

Flipside of the Judicial Delay

A lot has been done to enlighten the public to motivate the actors for improvization in the Indian judicial setup & processes and thereby to bring about structural reforms, higher performance standards and capacity building. But, certain ground realities exist which is creating a miasma of the Indian judiciary. 'Justice for Poor' stands out as a distant dream in the 21st century owing to the increased expenses in the judicial processes, a chunk of it being absorbed as 'lawyers' fees'. The chain of expenses stretch out from the lower tiers to the apex court and consequently the expenses incured, curtails the motivation of the poor. This confines justice to only certain sections of the society. After all, neither the pedantic planning commission nor the venal goverment has kept any margin for the same out of the Rs.26 & Rs.32 alloted for the daily expenses for the said section of the society.

Secondly, the lose of budding and talented younger advocates is an area to ponder upon. Lion share of the Law Graduates, prefer the green pastures of the corporate world. This conundrum observed, is the most threatening 'situation' the judiciary will face in the coming years. The said policy reforms and structural changes should focus on this losing of talent which can mainly be achieved by cleansing the elements of nepotism intruded into the system.

Finally, the lack of awareness of the common man beams out to be the major issue. Media deliberations and public discussion forums can act as eye-openers, but still higher awareness should be generated, especially, at the grass-root level; which is inevitably the need of the hour where more than 70% of people recognize approaching court as a social taboo than as fighting for their rights. Unfortunately, the Indian judiciary in its functioning underlines the precarious notion of Ronald Regan who once said,"When you can't make them see the light, make them feel the heat". The more we take the responsibility for our past and present, the more we are able to create the future we seek.

**Excerpts of the article appeared in The Hindu (28th Oct,2011) in letters to the editor column