Mullaperiyar: should we approach the issue emotionally?

Mullaperiyar is going to hit headlines again this week. The division bench of the Supreme Court is going to hear arguments on the legality of Kerala government’s legislation to prevent raising of the controversial dam’s height as demanded by Tamil Nadu. Interestingly, any judgment of the apex court is going to have wider ramifications across the country.

The Tamil Nadu government is questioning the legality of the Kerala legislation preventing any increase in the height of the dam. Kerala’s fears have a geological backing. Since the dam is more than a century-old, there is pressure on the government to ensure the safety of the dam. People in Kerala believe that any increase in the height of the dam would endanger the safety of the dam. Moreover, there is an enormous pressure on the government of the day from the people of central Kerala, for they think they are going to be the recipients of causalities if the dam gives in.

Tamil Nadu’s arguments have an emotional backing. Many of the southern districts in TN depend on the waters from Mullaperiyar for their agricultural needs. To meet the increasing needs of the farmers in the region, Tamil Nadu government wants the dam height increased. If we understand the needs of farmers, we can understand the proportion of their fear.
Kerala government wants to build a new dam below the existing site, but Tamil Nadu fears that they would lose their present rights over the dam. Here comes the constitutional validity of Kerala’s legislation.
First thing is Periyar River is not an interstate river. The Supreme Court can hear only inter-state water dispute. Mullaperiyar case can then be heard only by a tribunal. Kerala’s argument is going to focus on this aspect.
Secondly, the treaty between then Madras Presidency and the Travancore King came into existence before independence. Any treaty signed before the independence of the country does not have any constitutional validity.

Anyway, this month’s action on Mullaperiyar will be worth watching. One side a state living in constant fear of dam burst, on the other side, a state whose farmers are in constant fear of losing water from the dam.
As a citizen, I suggest the people concerned to find a way to settle the issue harmoniously without damaging the interests of the two parties. I understand the fears of both the parties are well-founded. The best possible solution will be arriving at a treaty for building a new dam which respects the existing rights of Tamil Nadu. After all, we are not two nations fighting over a river. We are two constituents of Indian republic. So, let us hope the two states will reach an amicable solution without giving in to the sentiments unleashed by selfish politicians.