State has to re-open talks with Tamil Nadu
Wednesday's Supreme Court verdict on the case pertaining to the inter-State dispute over the 118-year-old Mullaperiyar dam has brought immense pain and confusion to Kerala, while it has given reasons to Tamil Nadu to rejoice. The court rejected almost all arguments Kerala had made to establish its authority over the dam and the reservoir situated in its territory but catering totally to Tamil Nadu as per an 1886 agreement by which it could draw the entire waters of the reservoir for 999 years. It upheld a verdict passed in February 2006, allowing Tamil Nadu, which looks after the dam, to raise the reservoir water level from the presently-fixed 136 feet to 142 feet; invalidated the Dam Safety Act the Kerala Assembly had passed in March 2006 to overcome the court order on water level; disagreed with its concerns on the strength and safety of the ancient-technology dam; and effectively struck down its New Dam-New Agreement call. Doubts are now being expressed on whether the Kerala Government had handled the case effectively. What is obvious is that it has never been amply clear as to what the regime really wanted. Kerala's most valid argument has been that any breach in the time-weakened dam could lead to a catastrophe of unimaginable dimensions to over 40 lakh people in five of its districts. But it is now clear that it has not been able to convince the court that a situation like this really exists. The same State, which argues that it is absurd to honour an agreement, with a validity of 999 years, signed before Independence and before the formation of States, between two already dead administrative entities, had acted against its own interests in 1970 by renewing the same agreement with Tamil Nadu and even giving the beneficiary State the additional right to generate electricity using the Mullaperiyar waters. In doing so, it made its own history-based argument irrelevant.
The Supreme Court verdict, which leaders in Kerala have described as “unilateral”, “impassive”, “unfortunate” etc, is sure to throw Kerala back into the turbulence the State had witnessed over the issue in 2011. It could lead to yet another stand-off between the Governments and the people of the two States. But it is not yet clear as to what legal options Kerala has to take the issue further, although it has indicated it may file a review petition before the apex court. As far as Tamil Nadu is concerned, the water from Mullaperiyar is the life-blood of five of its south-western districts. Kerala cannot forget this reality. At the same time, the fear of the Keralites living downstream Mullaperiyar is also real. In such a situation, the best option before Kerala is to try to resume discussions with Chennai. Since Tamil Nadu can afford to show little interest in Kerala's urgency, Thiruvananthapuram will have to shun regional egoism and work practically to bring Chennai to agree with its just concerns on safety of the people and the land. But how far Kerala's chaotic politics will allow this, is to be seen.