Supreme Court of India passed the much awaited 465-page Judgment on Cauvery Water Dispute on Feb 16, 2018[i]. After the Cauvery Water Disputes Tribunal declared its award on Feb 5, 2007, a number of Appeals were filed in the SC, challenging the Tribunal Award, including those by Karnataka and Tamil Nadu. By this Judgment, the SC has partially allowed the Karnataka Appeal (Civil Appeal 2453 of 2007) and disposed off all the appeals. The Award was published in gazette only in 2013, following an earlier SC order. The SC Judgment provides additional 14.75 TMC (Thousand Million Cubic Feet) of water to Karnataka and thus reduces Tamil Nadu’s share to that extent.
Water sharing disputes across the country (and even beyond) are only going to escalate with increasing demands, and also with increasing pollution & losses reducing the available water. Climate change is likely to worsen the situation as monsoon patterns change, water demands going up with increasing temperatures, glaciers melt and sea levels rise. The government’s agenda of interlinking of rivers would further complicate the matters.
The ongoing Cauvery Water Dispute [iv] has once again brought the focus on interstate river water sharing disputes in India and what has been our experience so far. There is no solution of Cauvery water dispute in sight and the engineer-dominated Cauvery Management Board that the Cauvery Water Dispute Tribunal Award has recommended is unlikely to help matters. Continue reading “Inter state River Water Disputes in India: History and status”
Above Map of Cauvery basin from Indian Express, Sept 22, 2016
Higher demands than availability is the key problem in Cauvery basin. transparent, participatory, democratic, rule based management of demands over supply is the key need. Unfortunately, we do not have that. Greater misfortune is that the Cauvery Water Disputes Tribunal Award of Feb 2007, even as it is significantly flawed, is yet to be implemented since the Special Leave Petitions of Karnataka and Tamil Nadu, admitted in the Supreme Court, remain pending for over nine years now. The Supreme Court, in the meantime, (through its orders of Sept 5, 12 and 20) deals with the issue in a manner, that seems ad hoc in absence of clarity as to how all the relevant factors have been taken into account. Continue reading “Cauvery: Is there will for way forward? Will constitution of CMB help?”