By : Col A S Hira
INTRODUCTION
1. Punjab has exclusive rights over its rivers enshrined in the constitution of India as per Article 246 (Part XI), entry 17 of list II. The rights regarding water usage from a natural resource such as a lake, stream or a river are known as riparian rights. Riparian rights1 determine who can and cannot use the waters. The word “Riparian” comes from Latin word ‘Riparius’ – meaning dwellings or living along the banks of river or other body of water. Riparian rights is a natural right, it can neither be taken away nor it can be granted. If we look at the map of India, the state boundaries are clear proof that Satluj, Beas and Ravi only flow in Punjab state before they enter from Himachal / J&K. The Satluj flows a hundred kilometers, the Beas two hundred kilometers and Ravi three hundred kilometers from Haryana border and even more from Delhi & Rajasthan. Therefore, it is factual that no other state other than Punjab, Himachal & J&K have riparian rights over Satluj, Beas and Ravi.
2. In 1966, when Haryana was created, Centre by inserting clauses 78, 79 & 80 in Punjab Reorganization Act also divided the Punjab river waters. Yamuna which flowed in undivided Punjab was left out and for that centre has not given any reasonable answer till date. These clauses pertain to rights and liabilities for the ‘purpose of Bhakhra-Nangal / Beas Projects. ‘Purpose’ of the project must have been mentioned in Project Reports prepared before the launch of the projects. Division of water was arbitrary. “On what basis are the successor states deemed as rightful stake holders of waters? There is no parallel to such contestation of water rights by a non- riparian successor states. In this respect there is a significant precedent when state of Madras was bifurcated, it lost all the rights to the water of Krishna and Pannar rivers because Madras became non-riparian in regard to these rivers which after bifurcation belong to Andhra Pradesh1A alone. These clauses mentioned in the Punjab Reorganization Act are ultravires and unconstitutional.
3. In fact, no province in India gives its river waters to non-riparian state, but Punjab is an exception. Non riparian state Rajasthan takes away 11.2 MAF, Haryana 6 MAF and Delhi 0.2 MAF, a total of 17.4 MAF out of available 28.5 MAF water in Punjab. Being a food bowl of India and a agrarian state, Punjab’s agriculture is dependent upon 14 lacs of tubewells which are depleting ground water. Now, ground water is being pumped from more than 350 feet depth i.e. from third layer which takes millions of years to get recharged. Water table has been depleted to such an extent that Punjab is moving towards desertification. Punjab government vide suit no. 2 of 2007 filed in Supreme Court of India has challenged the vires of Sector 78, 79 of Punjab Re-Organization Act, 1966. Dr. Dharmvir Gandhi, Ex-MP from Punjab and others have also challenged vide CWP 12422 of 2018 in Punjab & Haryana High Court clauses 78, 79, 80 of the Punjab Reorganization Act, declaration of section 14 of inter- state river water disputes act as unconstitutional, claimed compensation of Rs.32 Lakh Crores to Punjab in lieu of river waters supplies to non riparian states of Rajasthan and others decision of courts is awaited. As on date 18 cases pertaining to river waters are pending in courts (Annexure-1).
4. The issue of distribution of the waters of Punjab rivers as it stands now, is hopelessly complicated, best brains have been employed to distort and confuse it. Keeping this in view, issues related to Haryana have been delinked and not covered in this paper for the purpose of clarity. This paper deals with as how most of the water from all the three rivers of Punjab with utter regard to constitution has been forcibly diverted to the “Thar Desert” without any economic considerations.
5. In fact, loot of Punjab river water was planned through a well thought out strategy. Rajasthan canal project was conceived in 1948 and digging of canal was done during fifties when Punjab was healing the wounds of partition. Work of Harike Head Works on the confluence of Satluj and Beas rivers with the provision of gates for Rajasthan canal was completed in 1952. Ravi water could not be brought to Rajasthan, this was done by linking Ravi Beas canal thorough Madhopur Head Works. In 1955, the centre allocated 8 MAF of water to Rajasthan. The order was passed on a “secret” file which was later given the shape of an agreement by the centre by putting pressure on Punjab Government. To mollify Punjab a ‘clause’ for making payment towards the cost of water to be worked out later was inserted in the order which has not been honored till date. Centre says water to Rajasthan was given to justify ‘water- use’ for negotiations with Pakistan for signing the ‘Indus Water Treaty’ in 1960, which is not true.
5 (a) Punjab’s “Upper Riparian” claims over Indus water frustrated Nehru3 as Kashmir issue taken up by India with UN was pending and he was ready to sacrifice ‘water’ for ‘peace’. US viewed strategic importance of Pakistan4 in view of situation prevailing in the Middle East and also to check Soviet influence in SE Asia. India without following any riparian laws/ doctrines on water sharing was too generous to give 80 percent of Indus water to Pakistan at the cost of Punjab and other North Indian states. Plausible reason would have been to get some favourable settlement on Kashmir and some economic concessions like wheat supplies from US5. But results were catastrophic, Pakistan after signing IWT and receiving American Arms attacked India in 1965. Delhi, having failed at international diplomacy came down heavily on Punjab to rob river waters which were not sufficient for Punjab’s own use. The process was set in motion to take more that 50% of water of Eastern rivers from Punjab to Rajasthan through Rajasthan canal (now known as Indira Gandhi canal).
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