Bhubaneswar

legal action should be a parallel strategy for Odisha

JAYANT DAS

The conflict of vested interests in the sharing of inter-State river water is now an open secret. The behaviour of the different parties that rule the Central Government, the Chhattisgarh Government and the Odisha Government does not display a spirit of reasonableness. A mutual solution appears to be a far cry. Chhattisgarh and Andhra Pradesh are in an advantageous position having proceeded with their projects, whether we like it or not. They have an upper hand, and the political tapestry also gives them certain built-in facilities. Under such circumstances, remedy through legal action should have been a parallel strategy for Odisha. That should have been evolved with intense study and cautious care.

It is interesting to note that none of the political parties have really come out with any whitepaper with sufficient data and the tenets of law that regulate the field. The projections have been generalistic and accusative without sufficient factual details. This would lead any ordinary citizen to believe that sufficient homework is yet to be done and we are yet to build a suitable team of legal experts to assert our case before different relevant fora. Emotion-based and slogan-centred activities would not really yield the required results to our advantage. The State Government is carrying on some interactions with civil society for whatever it is worth. But these efforts appear to be taking the character of window-dressing. It is time an organised and cohesive debate was undertaken with sufficient data so as to evolve the strategy of the State for the future. The only course appears to be through the modalities of law. In this venture, for a participatory formulation, the Government as the largest party (and that too being a regional political party) ought to take the prime initiative. It has now dawned on us that mere political or social action would not solve our problems. It looks a little strange why the State Government does not want a debate involving all so as to garner our case before the appropriate legal fora in an effective and fruitful manner.

This acquires further importance when the ruling party is facing some amount of hostility. This is manifested by the demonstrations against important Ministers in different parts of the State. Isolation is not the need of the hour. Collective and concerted action is a basic necessity to serve our purpose. Our demonstrations before the local Collectors or other functionaries will not really ensure to our benefit in any visible and significant manner.

In this context, the lack of disclosure of data relating to the total quantities of water available and flowing through Chhattisgarh and Odisha and Odisha and Andhra Pradesh in the respective rivers is making our stands and contentions more emotive and less equity-based and founded on reason and law. The legal principles involved in the matter should be shared with the alert public, and the Government should not think that it is the only dynamo and the rest of the society is a deadpan. Treating the citizens as subjects and preventing their participation in policy formulation would not work out to our benefit. It is also high time the Government came out with a proposal of Odisha’s projects on the Mahanadi flowing through its territory. This is an opportune hour to push through such projects. This would also back up and give a fillip to our case and cause for legitimate share of nature’s bounty, i.e., water.

4 Odisha’s industrial scenario is not a very happy one. The agriculture scenario is worse. The present state of the society is tension-ridden and shows every tendency of turning to violence. This is not a desirable situation. It is in the interest of all not to drive towards a situation of 1967, almost 50 years thereafter. The estrangement of the then Government and the ruling political party from the people in general resulted in a situation when Biju Patnaik could not even win one seat out of almost half a dozen he contested from.

4 Alongside, the youths are being utilised in a disoriented manner. They would soon be disillusioned as they are being utilised for slogan-mongering and political upmanship. They are not being guided and utilised as instruments of change. We are thus not ensuring a glorious future for them. This is not a responsible manner of handling the future of our youth power. The youths of Odisha, who are a dominant section of the society, have a stake in their future. They have every reason to articulate their views through their own efforts, maybe, through appropriate guidance from the responsive elders. But the youth power has not been inspired, guided and motivated towards participating in the strategy building to protect their future. This may cost us dear and can turn into a vicious circle where pretentions overtake sincerity of purpose. The inability to have an all-party meeting of an effective nature indicates the fractured polity that we are living in. But this does not give us any right to make the younger generation suffer the same and endure the same in their future life. It is time the youth power raised its voice, articulated the same and actively participated in the formulation of future policies. The Government knows that the present attitude must give way to rational, purposive and cohesive action with the youth power not being slogan mongers or trouble-shooters but being the framers of the future that is their own.

In this endeavour, the political leaders must have to play a proactive role and not remain static in their old modules. This requires a departure from the prevalent mindset. But such a departure would be most welcome and would serve the interest of our State in a very meaningful manner. It is time the youth brigade formally announced a committee to study the problem of inter-State water and interacted with the Government for an appropriate modulation of the policies, where the youth power must play a catalytic role. They need to be helped and guided in the interest of all of us. This movement cannot leave behind any section of our society as the interest of the whole State appears to be in peril. It is time we understood the vital necessity of “water” for all of us, irrespective of economic, political or social status. let this bring in a new egalitarianism. But all this requires not a sectoral or sectional effort but the efforts of the citizens of the State as a whole. Surely, this concerns us all!  

(The writer, a Senior Advocate, is a former All India Service officer, a former diplomat, a former editor, a former President of Orissa High Court Bar Association and a former Advocate General of Odisha. jayantdas@hotmail.com)