During her meeting with Bangladesh leader Shiekh Hasina last year, West Bengal Chief Minister Mamata Banerjee asked," Why are we not getting enough hilsha fish in Kolkata from BangladeshIJ” Sheikh Hasina replied smilingly, “More the water in the river, the more will be fish.”
The talk moved towards international Teesta river dispute. Recently, on July 30, Karnataka observed bandh objecting to the tribunal order on Mahadayi river. The numerous examples exhibit that water sharing has become an increased source of conflict from local to international level in recent time.
In the context of Mahanadi river dispute, the co-basin States of Chhatisgarh and Odisha should learn lessons from several past conflicts and find mechanisms that will expedite the settlement of the issue. Apart from the core theme of water sharing which is purely an inter-Governmental affairs, water disputes provide nursery beds in a democracy for political parties to sow political seeds for electoral gains.
Water politics has also been observed on Mahanadi issue. In Chhtaisgarh, the newly formed regional party, Janta Congress, is floating itself on the Mahanadi political wave, a seemingly good opportunity to popularize itself. Chhatisgarh ruling BJP has taken a tough stand to protect its State’s interest and Chhatisgarh opposition political activities are in support of their Government. On the other hand, multiple political activities are sprouting on Odisha soil and the State Government is yet to take a stand on mechanism of solution, after it left the CWC meeting at Delhi. Odisha CM has given an emotional speech to fight for Mahanadi river till his last breath.
In Odisha, the ruling BJD, first took a political engineering work on Mahanadi issue by protesting in front of embankment district Collectors’ offices to give a public message that it is fighting for Mahanadi . BJD took the political action as an early bird, perhaps to check its competitors from harvesting political benefit from the issue and to divert public attention from other accusations of Opposition parties. later, BJD sent a team to Chhatisgarh to study the situation while waiting to take a stand after watching all positions of the Opposition. BJD, though did not respond to the call for an all- party meeting given by the leader of Opposition, it probably has kept open the possibility of an all-party committee in the Assembly.
Odisha Congress faced serious internal conflict while engaging in the Mahandi politics. While OPCC declared to form a team and visit Chhattisgarh, Congress legislature team visited Chhatisgarh without waiting for the declaration of PCC, perhaps feeling the urgency of action. The Congress MlA and the leader of Opposition, called an all party meeting on August 3 where all opposition leaders joined. A serious difference of opinion surfaced between PCC and ClP on the process. On August 10, the leader of Opposition again led a delegation of all opposition parties and civil society members to meet Governor and send a demand to the President of India. It was not clear if OPCC approved such delegation.
Odisha BJP has taken a stand of a critic of the State Government action, accusing it of inaction and providing false facts to shift blame. The BJP official position is to settle the Mahanadi dispute through dialogue and formation of Joint Control Board (JCB). BJP State team joined all- party meeting convened by the leader of Opposition onAugust 3 and its senior leaders went with the all- party delegation to meet the Governor. Odisha BJP leader and Union Minister Dharmendra Pradhan supported the all-party initiative in the interest of Odisha and suggested the JCB mechanism. But on August 9, a split emerged in BJP position where Bijoy Mohapatra, senior leader BJP, departed from the JCB position and threw River Board idea as an alternative mechanism. Finally, all-party delegation meeting Governor, accepted the River Board as redressal mechanism. It is unclear if BJP State unit accepts this position.
Time will say what political benefits will accrue to different political parties and individual political leaders from the Mahanadi water politics, but it is praiseworthy that a forum consisting of prominent opposition party leaders and civil society leaders has sent a petition to the President of India through Odisha Governor to protect Odisha interest on Mahanadi issue. It is unlikely that the forum will gain political strength without approval of Congress and BJP State executives, but there is a possibility of emergence of a civil forum outside the Assembly and an all-party committee inside the Assembly.
Now there are two views emerging with regard to solution mechanism- the JCB versus the River Board as per River Board Act 1956. But political conflicts should not emerge around such mechanisms. CWC, River Board or JCB are advisory and negotiating bodies while Supreme Court or Tribunal are legal forums and the choice is ours. Even Parliament can enact a Mahanadi River Board Act if both States take the Union Government to confidence.
The first ground work to protect Odisha interest would be to collect river flow data over last 30 years to prove that Chhatisgarh has taken more than its share of water. The sooner it is done, faster shall be the settlement process. Then Water Resource Secretary level talk should start between the two State Governments to resolve various aspects of the issue. This is possible at this stage that one State’s data shall be dishonored by the other. The unresolved issues should be taken up in the second stage at the Chief Secretary level dialogue. The unresolved issues of Chief Secretary level meetings should be taken up at third stage by CM level meetings, convened by a Union Cabinet subcommittee headed by Union Water Resource Minister with Union Shipping and Union Agriculture Ministers. If that talk fails, then Odisha can go to Tribunal. This process can be done in three months from now and as the monsoon season prohibits construction activities, it will work like a stay on constructions. Odisha can refer to the recent Mahadayi /Mandovi river dispute case where Goa went to Tribunal as a tail end State as Karnataka blocked its water on the upstream. At the same time, Odisha should form river basin organisations for all rivers of Odisha urgently as per its notification of February, 2007 to monitor and develop Odisha rivers.
At the same time, Chhatisgarh Government should refrain from defending its position as correct but reassess its share on the basis of various water tribunal awards. It should also keep in mind that Odisha can go to tribunal if dialogues fail and procure stay on its constructions.
There is need to be creative in solving water dispute rather than rushing straight to courts without exploring dialogue routes.