With the
construction of a new Hansi-Butana canal by the Haryana
government, to arbitrarily draw water from the Sutlej-Beas
rivers; the water issue has acquired a new dimension in
already complicated disputes between Punjab and Haryana.
Haryana has dug a 109km long canal with a cost of Rs.260
crores. It is ready for use, but its functioning is stalled
by the Supreme Court of India, entertaining a Special Leave
Petition from the Punjab government and referred the case to
Central Water Commission for examination. Keeping in view
the past practices and bias of the CWC against Punjab, it is
likely that its findings would go in favour of Haryana.
Haryana has put
logic that it would draw its own share of water from Bhakhra
Main Line and not encroach upon the water rights of
neighbouring states. But it seems to be a ploy to construct
an alternative canal till final decision on Sutlej Yamuna
Link (popularly known as SYL) is arrived at. The Supreme
Court has already decided in favour of Haryana to complete
the SYL. Unfortunately, from the Supreme Court down to the
petty politicians of other states have failed to grasp the
water needs of Punjab.
A sea change has
occurred than the conditions of agriculture needs of Punjab
on the eve of reorganization. Eighty-three percent of all
arable land of Punjab has come under cultivation and it is
not possible to bring more area under tilling. Cultivable
land under irrigation has been increased from 70 % in 1971
to 95% in 2001-02. Number of bore wells has increased to
0.95 million from 0.19 million during the same period.
Number of diesel and electricity run pump sets was 0.10
million and 0.09 million respectively. This number was
increased to 0.17 million and 0.77 million in 2002.
Government controlled large tube wells and domestic pump
sets are excluded from the above category.
Thus, irrigational
needs of the state have increased manifold. Water is not
sufficient to meet these requirements. Even, availability of
potable water has become a serious problem. Canal water is
available for 38% land of command area (this is according to
official data, but in reality, it may be far less).
Therefore, ground water is the major source of irrigation,
if not the primary. This water is not only expensive, but
also a major cause of ecological degradation. Therefore,
both the agriculture and water crisis demand that
utilization of a less expensive source (canal water) of
irrigation be increased on priority basis, where consumption
of ground water be reduced and conditions be created for its
recharging. But as for as sincerity to solve this problem is
concerned, the practice shows that none of the ruling class
parties has done anything except empty phrase mongering,
passing resolutions and filing writ petitions. None of them
is ready to launch effective struggle on this serious issue.
The union
government of the congress, since transfer of power in 1947
has been interfering in water issue of the Punjab, owning to
its wicked intentions, anti-Punjab biased attitude and vote
politics considerations in Punjab and Haryana. It never
adhered to constitutional laws and international covenants
on division of waters; and remaining honest and impartial.
Not only with the issue of river waters but also in cases of
reorganization of Punjab state on the basis of language,
inclusion of Punjabi speaking adjoining areas of other
states into Punjab, handing over Chandigarh city to Punjab
and so many other issues; it played an anti Punjab role.
Thus, these problems of Punjab are unresolved and lingering
on for decades due to congress party’s central government’s
disgraceful political considerations and anti people
character.
Due to this
antagonistic attitude towards Punjabi Nationality and the
Sikh religious minority (it is also true in case of other
nationalities and minorities), the issues of Punjabi
nationality are intermingled with the Sikh religious
minority. And the blatant interference and crude violations
by the union government has at many times led to alienation
of the Sikh masses. Recurrent oppression and discriminations
led to that political explosion, which shadowed the
political scene of Punjab for more than a decade. The
congress is the principal culprit in this anti-people and
anti Punjab phenomena. But Akali leadership cannot escape
responsibility for its opportunist and communal role.
With this strategy
and approach by the central congress (similarly the
government of the other ruling class parties) government,
about forty-fifty thousand peoples lost their lives at the
hands of security forces and the Sikh militants. Sending
army and attacking the Golden Temple during the ‘Operation
Blue Star’ hurt religious feelings of the Sikh community.
Anti-Sikh riots of 1984 were engineered and thousand of
innocent Sikhs and Punjabis were butchered in Delhi and
other cities. Hundred of Sikh women were molested in and
outside Punjab. Meanwhile, a treacherous document was
imposed on Punjab in the name of Rajiv-Longowal accord. Now
it has become crystal clear that this accord was nothing but
a political stunt to hoodwink the Punjabis. This accord did
not contain an iota of sincerity to resolve political tangle
of Punjab. It is worth noting that the leading party in this
accord – the Congress Party did not show any inkling to
implement even a single clause of the this pact. There was
either phrase-mongering or efforts have been made to impose
water clause on Punjab with the assistance of courts. Thus,
practically this accord died its own death.
Now, more than two
decades have been elapsed of Rajiv-Longowal pact. Neither
the union congress government nor the UDF/NDA governments
had shown any sincerity to implement the accord. Nothing
could be expected from the left supported present UPA
government. The corpus of SYL issue is dug up from time to
time from the grave with vulture-like eyes to grab votes.
Ironically, the Indian judicial system, which did not take
any notice of Punjab petition for decades, which did not
take any step to punish killers of anti Sikh riots and the
butcher police officers who massacred the youth of Punjab
and burnt their body declaring them unidentified, which even
did not show any inclination to investigate atrocities
against suffering families, the same judiciary is handling
out verdict after verdict on a single (water) issue on the
basis of writ petitions by Haryana government.
The fundamental
point is that the water right is a state subject according
to Indian constitution. It may be recalled that the central
government even knowing this fact arbitrarily convened an
inter-state meeting of three states of Punjab, Haryana and
Rajasthan in 1955 and got ratified pre-arranged decision on
river waters. It is a different issue that water
requirements of Punjab were assessed as 7.2maf (5.9maf for
Punjab and 1.3maf for PEPSU) at that time. Though,
unutilized water was available with Punjab, but it was not
in any way surplus. It was under-utilisation owing only to
absence of irrigational projects.
The basic question
was/is, however, according to constitutional provisions that
who has the right to decide over river waters and to allot
it to neighbouring/needy states? Obviously, it was the
jurisdiction of Punjab state. But the Nehru government
appropriated the decision-making powers and arbitrarily
divided the waters of Punjab. It ensured formal approval by
convening an inter-state meeting. And this is being touted
as formal settlement to impose discriminatory decisions and
strengthen illegitimate claims of Haryana as well as
Rajasthan.
Further, the union
government forcibly appropriated property rights over river
waters and hydropower projects, while the same central
rulers, allowed Haryana to solely control the Yamuna water,
Tajewala Works over Yamuna river, Okhla dam over Ghagar
river and other irrigational projects. Hence, the central
government has been adopting self-contradictory approaches
towards these two states on the similar issue, which
reflects its prejudiced and discriminatory mind-set.
The claim of
Haryana was totally illogical, unfounded and wrong. It was
not based on internationally accepted riparian and basin
principles. Water disputes in other states of India are
settled in accordance with these principles. But in the case
of Punjab, the centre grossly violated these universally
accepted norms. The facts reveal that Haryana was not a
riparian state in the context of river Ravi, Beas and
Sutlej. Therefore, it could not be treated as water dispute
between two riparian states. Secondly, no area of Haryana
falls in the Indus river basin. In contrast, a considerable
part of it falls in the Ganga river basin. The Ghagar river
flows through both the states. But water of this
non-perennial river neither falls nor form part of basin
areas of any of the Punjab rivers. This river has its own
basin. A part of Haryana forms part of this basin. The
Haryana claims that the Ghagar is a part of the Indus river
basin, therefore it has right over Ravi-Beas-Sutlej waters.
The realty is that Ghagar river basin is not a part of Indus
river basin.
Thus, Haryana is
not entitled to get share from waters of Ravi-Beas, neither
according to constitutional provisions nor internationally
accepted/established principles of water sharing. But, the
union government decreed on 24 March 1976, for division of
Ravi-Beas water (7.0maf) between Punjab and Haryana on
equitable basis. It also added that in case quantity of
water declines from 7.0maf due to natural vagaries, the loss
shall be borne by Punjab; and Haryana shall continue to get
it uninterrupted share of 3.5maf.
The
central rulers could not complete the SYL during the height
of Khalistan movement. Their repeated efforts were thwarted.
After the formation of congress government in Punjab in
1992, the frantic efforts of Haryana rulers again started
for completion of the SYL, which resulted in series of writ
petitions in the Supreme Court. Haryana government filed a
petition in the apex court for implementation of all the
above-cited pro-Haryana decrees. Punjab and central
government filed their respective affidavits in March 1997.
The Supreme Court
had directed Punjab government on 27 January 2001 to submit
its written reply in response to Haryana’s petition within
six months. Punjab submitted its reply on 19 April 2001.
After hearing the case the Supreme Court reserved its
verdict pending and gave three months’ time to both the
parties to reach an agreement. Then, on 15 January 2002, the
Supreme Court ordered Punjab to complete the SYL within six
months, failing, which the central government had to finish
the task. The Punjab government filed an appeal for review,
which was rejected by the Court on 4 June 2004 with
directions to the central government to assign this work to
the central agency. Accordingly. The central government
entrusted the CPWD the task to complete the SYL canal.
On 2
July 2004, the Punjab government again filed a special leave
petition for review of its June 4, verdict. Amarinder
government argued that no discussion was allowed on Punjab’s
petition and the verdict was handed out on the basis of
petition of Haryana only. The Punjab state also contended
that this issue was not within the jurisdiction of the
Supreme Court, as it was a water dispute in the ambit of
article 262 of the constitution. Therefore, the river water
dispute is the sole jurisdiction of a tribunal. Punjab also
argued that the permission for completion of SYL was
untenable, because resolution of water dispute by the
tribunal was only one issue of the ‘Punjab Accord’ while
other nine issues were even not touched upon. Then, why only
one point (SYL) of the accord is being stressed? Ultimately,
the Punjab was forced to unilaterally abrogate all previous
accords by passing an act “ Punjab Termination of Agreement
Act-2004” in Punjab Legislative Assembly, on 12 July 2004.
Failing in getting
the SYL functional, the Haryana government started a new
irrigation scheme named Hansi-Butana canal project. It is
interesting to note that neither it got sanction from the
Central Water Commission nor clearance from the Union
Environment and Forest ministry, which is mandatory under
the laws. Even more disgusting fact is that the CWC has not
cleared the Dashmesh Canal Project of Punjab, envisaged by
the earlier Akali government of Mr.Parkash Singh Badal
during 1997-2002, to irrigate parched lands of Ropar,
Fatehgarh Sahib and Patiala districts of Punjab. Mr. Badal
has rightly lambasted the CWC for its “duplicity and double
standard on Hansi-Butana canal project.” The CWC had taken a
position that concurrence of Haryana and Rajasthan was
mandatory under article 13 of Bhakra Nangal agreement of
1959. But the same CWC has no inhibition to grant permission
to Haryana, while the two other parties-Punjab and Rajasthan
are battling in courts to stall this project. It is
pertinent that command areas of Hansi-Butana canal project
were not identified in the Bhakhra Nangal Agreement of 1959.
Hansi-Butana canal
project if made functional shall not only encroach upon
water share of Punjab and Rajasthan, but also adversely
affect ecology of Punjab. This channel shall run from west
to east along Punjab-Haryana border and draw water from
Bhakhra Main Line by perforating it near Samana town in
Patiala district of Punjab. Its embankment will be more than
ten feet high for first 11km, which then taper down to seven
feet for next 9km distance. It would block smooth flowing of
confluence waters of Ghagar, Markanda and Tangri rivers; and
rainy water of Patiala ki Nadi. This would result
submergence of 20,756 acres of land of 32 villages of Punjab
and cause temporary displacement of over 0.1 million people
every year.
The political
system of India has degenerated to its lowest point and has
become anti people, that no hope of justice is expected
through legal proceedings. The ruling elites of any state
are egging on burning issues only for their political ends.
All parliamentary parties of any shade and flag have no
concern with the toiling masses. Water dispute of Punjab and
Haryana can be solved amicably by adhering to
internationally accepted norms. But from the past practice
of sixty years, one can easily presume that the ruling
classes shall keep the pot boiling whether it is Cauvery,
Narmada or Sutlej, Ravi and Beas. Democratic people should
unmask the true faces of Indian ruling elite and strive to
build strong mass movements that can bend the rulers to
their kneels.
karambarsat@gmail.com
*****
(29 November 2007)
