Mullaperiyar Dam Safety : Topmost Priority for Kerala and Tamil Nadu : Daily Current Affairs

Relevance: GS-2: Government Policies & Interventions, issues and challenges pertaining to the federal structure.

Key Phrases: Dam safety Act, Central Water Commission (CWC), National Dam Safety Authority, States Dam Safety Authority, Mullaperiyar dam, National Disaster Management Authority.

Why in News ?

The Central Water Commission (CWC)’s recent proposal to let the Mullaperiyar dam be managed by the existing Supervisory Committee continues for a year.
The CWC proposal also makes the Chief Secretaries of Tamil Nadu and Kerala accountable and provides for the participation of technical experts as panel members.
The proposed arrangement, presented before the Supreme Court on 5th April has become necessary as the CWC is of the view that the National Dam Safety Authority (NDSA), the regulatory body envisaged under the recently enacted Dam Safety Act, will require one year to become fully functional.

Do you know the DAM Safety Act, 2021?

The Act passed in Dec 2021 aims to help all states and Union Territories adopt uniform dam safety procedures.
A National Committee on Dam Safety with a three-year tenure, comprising the chairman of the Central Water Commission, a maximum of 10 representatives of the central government in the ranks of joint secretary, a maximum of seven representatives of the state governments, and three experts, will be formed as part of the Act.
The National Dam Safety Authority, to be headquartered in Delhi, will be formed under the Act. It will be headed by an officer not below the rank of Additional Secretary to the Government of India to deal with problems relating to dam engineering and dam safety management.
A state dam safety organisation will be formed as well, which will be responsible for the dam safety. This organisation is empowered to investigate and gather data for proper review and study of the various features of the design, construction, repair and enlargement of dams, reservoirs and appurtenant structures.
The state dam safety organisation must also report events such as dam failures to the National Dam Safety Authority and also maintain records of major dam incidents of each specified dam.
The owners of the specified dams are required to provide a dam safety unit in each dam. This unit will inspect the dams before and after the monsoon session, and during and after every earthquake, flood, or any other calamity or sign of distress.
All dams in India with a height above 15 metres come under the purview of the act.

About Mullaperiyar dam:

Mullaperiyar dam was built in 1895 on the Periyar River in the Idukki district of Kerala.
It is situated high up in the Western Ghats, adjacent to Kerala’s famed Periyar wildlife sanctuary.
Mullaperiyar is listed among the world’s big dams that need to be decommissioned in a report by the UN University – Institute for Water, Environment and Health.
It has been stated that the Mullaperiyar dam, situated in a seismically active area, faces the risk of failure.
Decommissioning Mullaperiyar is strongly opposed by Tamil Nadu state, which inherited a lease agreement between the former princely state of Travancore (now Kerala) and the British government.
The matter is still sub judice in the Supreme Court.

Background:

The 126-year-old Mullaperiyar dam, located in Kerala, is used by TN for multiple purposes. While TN is keen on getting the strengthening work completed to raise the water level to 152 ft from 142 ft, Kerala wants a new dam built.
In the backdrop of landslides in Kerala after heavy rain, fears, though misplaced, have arisen over the dam’s structural stability.
The new controversies surrounding its lime and mortar structure, both States have complained about the existing arrangement and they also differ management of dam safety protocols.
Regardless of these apprehensions being addressed through technical and scientific bodies, the issue of safety crops up time and again.
What this underlines is that there should be no room for complacency about the dam’s safety. Apex court too has been addressing the issue of having a stronger institutional mechanism than the existing Supervisory Committee which has been rendered almost toothless.

What are the suggestions highlighted in the Editorial for well management of Mullaperiyar dam?

The National Dam Safety Authority (NDSA) would have been well suited to handle issues concerning the Mullaperiyar, as the Act empowers the NDSA to perform the role of the State Dam Safety Organisation (SDSO).
The NDSA assumes the role of SDSO for a dam located in one State and owned by another.
However, more time is required to have the NDSA fully in place, the Centre has chosen to rely on the existing structure, with the respective Chief Secretaries being made accountable is a good way forward.
Further, with a sub-committee functioning under the Supervisory Committee and one more panel under the National Disaster Management Authority, the oversight mechanism appears to be fine.
Moreover, the authorities make sure their actions instill public confidence during the monsoon, when the issue of safety in Kerala acquires precedence. It is also their duty to ensure there is no panic and to deal with scaremongers.

Do you know Constitutional Provisions related to the Interstate- water dispute?

Article 262 of the Constitution deals with the adjudication of water disputes. The provisions in this regard are:
1. Article 262 (1) Parliament may, by law, provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.
2. Article 262 (2) Notwithstanding anything in this Constitution, Parliament may, by law, provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause(1).

Conclusion:

Dams in India are constructed and maintained by the states. Some dams are also maintained by autonomous bodies.
The dam's security is an issue of concern because of the lack of legal and institutional architecture.
In the case of Mullaperiyar dam, consultations with Kerala and Tamil Nadu which are likely to be most affected by any mal-functioning of the dam should be a top most priority.

Source: The Hindu

Mains Question:

Q. Dam Safety protocols occupy a very important place in the political landscape of Indian Federalism. Discuss. Also, highlight the various challenges associated with the Dam Safety management and measures taken by the government to address them. (15 marks).