Wednesday, March 22, 2017

Dinesh Kamath's Editorial 'Politicians should stop disrespecting Law' that was published in Newsband

Politicians should stop disrespecting Law
The Inter-State Water Disputes Tribunal (Amendment) Act was introduced with a view to expediting the resolution of river disputes. But the tribunals set up have failed to settle matters within a reasonable time-frame. The Cauvery and Ravi Beas Water Disputes Tribunals have been in existence for over 26 and 30 years. Tribunal awards are often based on flawed assumptions.
Besides improving data on water availability, it is also necessary to align demand for water with what rivers can bear. Groundwater, too, requires more regulatory attention. Overall, with rising population and greater urbanisation, water management assumes paramount importance. Any policy must prioritise the needs of people and animals, while ensuring that industrial water consumption is managed in a sustainable manner.
The Bill’s focus on creating a national agency for data on river flows is to be welcomed. But there are no substantive differences between the earlier law and the proposed one in terms of time taken to give award; co-opting assessors, reliable data collection, ruling being binding and so on. Only form is different. The earlier law of 1956 was amended in 2002.

Inter state water disputes resolving act may be amended looking into the need of the State, status of the State, type of the rivers concerned (rain fed or year through running of water ) – all these are to be analysed before giving any award. In practice the Water tribunals are paper tigers rather to prove implementation. The vicious politicians of the State concerned create violence by instigating people and disobeying even Supreme court orders. Cavery Tribunal is a fine example between the two states where Karnataka dictate terms beyond apex court awards. Even States disrespect court order and act for political mileu. So reshaping the tribunal laws will be a regular useless exercise and the governments are doing it for eye wash purpose. The State-Centre coordination and the smooth relation between the states concerned are the ways for getting better results out of Water Tribunal laws. Even though people of States are ready to cooperate, the self-centered politicians will spoil soup

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